7) HAZARDOUS MATERIALS. GeoTek is not a generator, transporter and does not store or dispose of hazardous waste or non hazardous waste. Client will be responsible for the proper management, storage and disposal of hazardous waste or non hazardous waste present on the site and that may be encountered whether or not identified during GeoTek’s evaluation.
P-1000925-CR
346
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; GeoTek
GeoTek CA, Inc. Work Authorization And Agreement
8) PROFESSIONAL OPINION. GeoTek’s professional services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering practices in effect at the time and place the services are performed. The professional opinions of GeoTek will be based upon conditions revealed at exploration locations and reconnaissance of surrounding terrain or through research efforts. The services on any given site are limited. It is agreed that GeoTek is not responsible for the affect that unknowns such as acts of others on adjacent properties, variables of nature including, but not limited to, earthquakes, the works of man, Acts of God, and other variables beyond the control of GeoTek may have on any opinion rendered hereunder. No opinions of any kind are given by GeoTek except those expressly stated in GeoTek's written reports. GeoTek does not warrant (either expressed or implied) or guarantee any of its recommendations, opinions or Services. 9) INSURANCE. GeoTek maintains worker's compensation and public liability insurance policies for bodily injury and property damage. Certificates of insurance will be furnished upon request. With regard to property claims, GeoTek will not be responsible for damage beyond those amounts paid under the policies. GeoTek will not be responsible for any consequential, lost profits, business interruption, or other damages claimed by Client. Requests for waivers of subrogation or other endorsements are subject to a 5% fee surcharge. 10) INDEMNIFICATION and LIMITATION OF LIABILITY.
a) GeoTek agrees, subject to the limitations herein, to indemnify and hold harmless Client from and against damages, liability and reasonable costs arising from the negligent acts of GeoTek in the performance of its Services under this Agreement, but only to the extent that a court of competent jurisdiction determines GeoTek is responsible for such damages, liability and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify Client, the parties expressly agree that GeoTek has no duty to defend Client from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. GeoTek will not be obligated to indemnify Client for Client's own negligence or the negligence of others.
b) Client agrees, subject to limitations herein, to indemnify and hold harmless GeoTek from and against damages, liability, and reasonable costs arising from the negligent acts of Client related to any work performed under this Agreement, but only to the extent that a court of competent jurisdiction determines the Client is responsible for such damages, liability, and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify GeoTek, the parties expressly agree that the Client has no duty to defend GeoTek from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. Client will not be obligated to indemnify GeoTek for GeoTek’s own negligence or the negligence of others.
c) Client acknowledges that it is aware of the risks involved in construction, limitations inherent to the contract Services, and variations that can exist from the conditions identified. Client agrees to limit any liability, claim for damages to person or property, attorneys fees, expert fees or other costs of defense, or expenses (collectively "Claims") to be levied against GeoTek arising out of or relating to any design defect, error, omission, professional negligence or other promise of GeoTek (collectively "Liabilities") to the amount of GeoTek's fees paid under the Agreement. This limitation will apply regardless of the cause of action or legal theory pled or asserted. The fee charged Client for the Services to be rendered pursuant to this Agreement has been established with regard to the legal effect of this Limitation of Liability section. Increased limits of liability can be negotiated for an increased fee. d) Except for work performed or provided by those subcontractors or subconsultants retained directly by GeoTek for whom GeoTek is legally liable, GeoTek assumes no responsibility or liability for work, testing, design(s) or recommendations performed or provided by others including, without limitation, other contractors, subcontractors, or consultants of any tier. e) The parties understand and agree that Client’s sole and exclusive claim, demand, suit, judgment and/or remedy for any claims arising from or in any way related to the performance of the Services provided under this Agreement will be directed and/or asserted only against GeoTek and not against any of GeoTek’s shareholders, engineers, employees, officers, or directors. 12) JOBSITE SAFETY. Neither the professional activities of GeoTek nor the presence of GeoTek or its employees and subconsultants at a construction/project site, will relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. GeoTek and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor will be solely responsible for Jobsite safety, and warrants that this intent will be carried out in the Client’s contract with the General Contractor. The Client also agrees that the Client, GeoTek and GeoTek’s subconsultants will be indemnified by the General Contractor and will be made additionally insured under the General Contractor's policies of general liability insurance.
11) DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the Client and GeoTek agree that all disputes between them arising out of or relating to this Agreement or the project will be submitted to non binding mediation unless the parties mutually agree otherwise.
f) Notwithstanding any other provision of this Agreement, neither the Client nor GeoTek, their respective officers, directors, partners, employees, contractors or subconsultants will be liable to the other or will make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages will include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and GeoTek will require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.
Contract Revision 2022
13) OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by GeoTek as instruments of service will remain the property of GeoTek. GeoTek will retain all common law, statutory and other reserved rights, thereto. All documents prepared by GeoTek under this Agreement for a particular project are not intended and not represented to be suitable for reuse by Client or others on any other project. Any such reuse without written authorization from GeoTek will be without liability to GeoTek and Client agrees to indemnify, defend, and hold harmless GeoTek from and against any and all losses, claims, damages and expenses (including attorney’s fees) arising out of or resulting therefrom.
347
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; GeoTek
GeoTek CA, Inc. Work Authorization And Agreement
By: By:
Title: Title:
CONSULTANT Authorized Signature of Acceptance:CLIENT'S Authorized Signature of Acceptance:
By Signing below, the parties accept the services outlined in the proposal, the rates indicated on any attached fee schedule, and all the terms and conditions contained within each page of this Agreement, including but not limited to attachments and exhibits.
Signature
Area Manager P-1000925-CR
14) FORCE MAJEURE. Force Majeure as used in this Article will mean an act of God, strike, lockout, or other industrial disturbance, act of public enemy, war, blockage, public riot, lightning, fire, flood, explosion, earthquake, failure to timely receive necessary governmental approvals government restraint, unavailability of equipment, and any other cause, whether of the kind specifically enumerated above or otherwise, other than financial liability, which is not reasonably within the control of the party claiming suspension. If either party is rendered unable, wholly or in part, by Force Majeure to carry out their obligations under this Agreement, other than the obligation to make money payments, such party will give to the other party prompt written notice of the Force Majeure with reasonably full particulars concerning it; thereupon, the obligations of the party giving notice, so far as they were affected by the Force Majeure, will be suspended during, but no longer than, the continuance of the Force Majeure. The affected party will use all possible diligence to remove the Force Majeure as quickly as possible.
15) TERMINATION.
a) In the event of termination of this Agreement by either party for any reason, the Client will within fifteen (15) calendar days of termination pay GeoTek for all Services rendered and all reimbursable costs incurred by GeoTek up to the date of termination, in accordance with the payment provisions of this Agreement. b) The Client may terminate this Agreement for the Client's convenience and without cause upon giving GeoTek not less than seven (7) calendar days written notice.
c) Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days written notice for any of the following reasons:
i.) Failure by the other party to materially perform in accordance with the terms of this Agreement and through no fault of the terminating party; ii.) Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; iii.) Material changes in the conditions under which this Agreement was entered into, the scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. d) In the event of any termination that is not the fault of GeoTek, Client will pay GeoTek, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by GeoTek in connection with the orderly termination of this Agreement, including without limitation, demobilization, reassignment of personnel, overhead costs and all other expenses directly resulting from the termination.
Contract Revision 2022
17) MISCELLANEOUS.
a) All terms of this Agreement will be governed by and construed under the law of the State in which the Services are provided. Diversity of the parties will not determine jurisdiction.
b) No provision of this Agreement will be interpreted for or against any party because that party or its legal representative drafted the provision. c) In the event that legal action is taken to enforce the terms of this agreement or resolve a dispute the prevailing party will be entitled to reasonable attorney's fees and costs incurred.
d) Failure by a party to exercise any right, remedy, or option in this Agreement or delay by a party in exercising the same will not operate as a waiver. No waiver will be effective unless it is in writing.
e) Every provision of this Agreement is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability will not affect the balance of the terms and provisions hereof, which terms and provisions will remain in full force and effect. f) This Agreement may be executed at different times and in multiple counterparts, including, without limitation, facsimile counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. g) Client may not assign its rights or obligations under this Agreement without the express written consent of GeoTek. GeoTek may assign its rights and obligations under this Agreement to any of its affiliate companies without Client's consent upon written notice to Client. In the event of such an assignment, the assignee will assume the obligations of GeoTek under this Agreement as though such assignee had been an original party to this Agreement.
Printed Name
18) AMENDMENTS. Except as specifically provided herein, no addition(s) to or modification(s) of this Agreement will be binding on either party unless made in writing and executed and initialed by GeoTek and Client.
Signature
Printed Name
Ed LaMont, CEG
16) SUSPENSION OF SERVICES.
a) If the Project or GeoTek's Services are suspended by the Client for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, GeoTek will be compensated for all Services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of Services, the Client will compensate GeoTek for expenses incurred as a result of the suspension and resumption of its Services, and GeoTek's schedule and fees for the remainder of the Project will be equitably adjusted. b) If GeoTek’s Services are suspended for more than ninety (90) days, consecutive or in the aggregate, GeoTek may terminate this Agreement upon giving not less than five (5) calendar days written notice to the Client. c) If the Client is in breach of the payment terms or otherwise is in breach of this Agreement, GeoTek may, at its sole discretion, suspend performance of services and/or withhold any and all reports and work product. In the event GeoTek suspends performance and/or withholds reports and work product pursuant to this provision, GeoTek will not be in default of this Agreement and GeoTek will have no liability to the Client. Client agrees to make no claim against GeoTek for any delay or damage as a result of such suspension and/or withholding of reports and work product and agrees to defend and indemnify GeoTek from and against any and all claims for damages including, without limitation, claims for delay, lost profit, business interruption, consequential or any other damages resulting from the suspension of services and/or withholding of any report and work product. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach which caused GeoTek to suspend Services and/or withhold reports and work product, GeoTek will resume Services and/or provide Client with the applicable reports and work product and there will be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
348
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; GeoTek
Soils and Asphalt Continued
Description Unit Rate Unit
Unit Rate Unit
Permeability, Flexible Wall, Cohesive Soil ASTM D5084 666.00$ Each Principal Engineer/Geologist 246.00$ Hour "R" Value ASTM D2844/CT 301 439.00$ Each Geotechnical Engineer 213.00$ Hour Resistivity of Soil ASTM G57 and pH ASTM D4972 173.00$ Each Project Engineer/Geologist 179.00$ Hour Sand Equivalent ASTM D2419/CT 217 153.00$ Each Staff Engineer/Geologist 167.00$ Hour Sieve Analysis of Extracted Aggregate ASTM D5444 100.00$ Each Field Engineer/Geologist 140.00$ Hour Sieve Analysis, 3" to #200 Gradation ASTM C117 202.00$ Each Field Supervisor 130.00$ Hour Sieve Analysis Minus #200 by Wash ASTM D1140/C117 100.00$ Each Project Adminstration/Drafting 82.00$ Hour Soil Classification, ASTM D 2487 373.00$ Each Soil Moisture/Density In Situ Sample ASTM D1587/D2937 40.00$ Each Water Soluble Sulfate 79.00$ Each
Unit Rate Unit Organic Content, ASTM D 2974 60.00$ Each Lead Inspector 111.00$ Hour Concrete and Aggregate Tests Certified Welding Inspector(AWS/CWI) 123.00$ Hour Description Unit Rate Unit Soils Technician 98.00$ Hour
ICC Certified Inspector(RC, PC, RM, SS, FP) 98.00$ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 100.00$ Each ACI Technician 98.00$ Hour Specific Gravity & Absorption Fine Agg. ASTM C128 100.00$ Each Proof Load Testing 174.00$ Hour Trial Batches ASTM C192 Each Floor Flatness Technician Quote Upon Request Durability Index Coarse & Fine Aggregate ASTM D3744 159.00$ Each Ground Penetrating Radar: One Man Crew 278.00$ Hour Lightweight Concrete Unit Weight ASTM C495 47.00$ Each Ground Penetrating Radar: Two Man Crew $375.00 Hour Modulus of Elasticity of Concrete ASTM C469 267.00$ Each Non-Destructive Testing (ASNT): Level III Review 278.00$ Hour Sieve Analysis, Coarse Aggregate ASTM C136/CT 202 132.00$ Each Magnetic Particle Testing Level II 185.00$ Hour Sieve Analysis, Fine Agg #4 to #200 ASTM C117/C136 202.00$ Each Ultrasonic Testing Level II 185.00$ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 100.00$ Each Radiographic Inspection Quote Upon Request Specific Gravity & Absorption Fine Agg. ASTM C128 100.00$ Each Coring: Coring Machine Operator with equipment 174.00$ Hour Splitting Tensile/Concrete Cylinder ASTM C496 68.00$ Each Coring: Helper (Add Per Hour) 98.00$ Hour L.A. Rattler, ASTM C131 or C535/Cal 211 399.00$ Each Wood Fabrication Inspection 153.00$ Hour Sulfate Soundness (per sieve), ASTM C88 719.00$ Each Nailing Inspection 123.00$ Hour Unit Weight of Aggregates, ASTM C29 159.00$ Each Roofing Inspection 123.00$ Hour Cleanness Value, CT 227 159.00$ Each Laboratory Technician Quote Upon RequestHour Moisture Content of Aggregate ASTM C29 100.00$ Each Sample Pick-up Driver (If not done on a per trip basis) 98.00$ Hour Concrete Shrinkage, set of 3, ASTM C157, CT 530 534.00$ Each
ENVIRONMENTAL AND GEOTECHNICAL INVESTIGATIONS Compression 4x8 Cylinders ASTM C39 40.00$ Each Description Unit Rate Unit Compression, 6x12 Cylinders, ASTM C39 40.00$ Each Phase 1 and Phase 2 Reports Quote Upon Request Compression, 3X6 Cylinders Lightweight ASTM C495 60.00$ Each Geotechnical Investigation Report Quote Upon Request Compression, 2X2 Cubes, each age, ASTM C109 40.00$ Each Percolation or Infiltration Testing Quote Upon Request Concrete Core Compression ASTM C42 95.00$ Each Splitting Tensile, 6X12 Cylinders, ASTM C496Per-diem, Including Lodging (Beyond 100-Mile Radius) 100.00$ Each LABORATORY TESTS Unit Weight of Concrete Cylinders, ASTM C567 60.00$ Each Soils and Asphalt Unit Weight of Lightweight ASTM C495 74.00$ Each Description Unit Rate Unit Flexural Strength of Concrete, ASTM C78 or C495 100.00$ Each Shotcrete Panel Core Compression Test, ASTM C42 147.00$ Each Asphalt Content by Ignition 405.00$ Each Emission of Moisture through Concrete 132.00$ Each Burn-Off Method CT 382/ASTM D6307 399.00$ Each
Bitumen Content (extraction), ASTM D2172 266.00$ Each Masonry Tests Bitumen Content CT 310/Cal 382 Ignition Furnace 200.00$ Each Description Unit Rate Unit Gradation of Extracted Sample, ASTM C 136/CT 202 405.00$ Each Maximum Specific Gravity, (Marshall) ASTM D2041 399.00$ Each Brick Absorption ASTM C67 33.00$ Each Collapse/Swell ASTM D4546 127.00$ Each Brick Compression ASTM C67 68.00$ Each Compaction, Modified Proctor ASTM D1557 260.00$ Each Dimensional Measurement-Masonry Units ASTM C140 100.00$ Each Compaction, Modified Proctor ASTM D698 260.00$ Each Masonry Unit Compression Gross Area ASTM C140 147.00$ Each Hveem Maximum Density, CT 304/308 466.00$ Each Masonry Unit Compression Net Area ASTM C140 114.00$ Each Consolidation ASTM D2435, D4546 300.00$ Each Absorption & Moisture of Block ASTM C140 33.00$ Each Corrosivity Suite D4972, G57, D4327, D46589M 270.00$ Each Compression, Grout Prisms, ASTM C39 40.00$ Each Direct Shear, Consolidated-Drained ASTM D3080 320.00$ Each Compression, Mortar Cylinders, ASTM C39 40.00$ Each Direct Shear, Residual ASTM D6467 Mod 320.00$ Each Compression, Composite Prisms, ASTM E447 147.00$ Each Expansion Index Test UBC 29-2/ASTM D4829 202.00$ Each Compression, Masonry Core, ASTM C140 100.00$ Each Liquid Limit, Plactic Limit and P.I. ASTM D4318 200.00$ Each Shear, Masonry Core, CCR Title 24 132.00$ Each Particle Size Analysis of Soil #4 to Fines ASTM D422 380.00$ Each Epoxy Grout 2x2x2 Cube Compression ASTM C579 40.00$ Each Specific Gravity of Soil, ASTM D854 229.00$ Each Masonry Composite Prism Compression ASTM C1314 213.00$ Each Percent Finer than #200 Sieve ASTM D1140 159.00$ Each Grout Prism - Compression Test ASTM C1019 40.00$ Each Permeability of Granular Soils ASTM D2434 232.00$ Each
GEOTECHNICAL, SPECIAL INSPECTION AND CONSTRUCTION MATERIALS TESTING SERVICES
Staff Type
Riverside 2025 Master fee Schedule (Non-Prevailing Wage Project) Staff Type
PERSONNEL RATES
Professional and Project Management
Inspectors and Technicians
349
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; GeoTek
Reinforcing Steel Tests Miscellaneous
Description Unit Rate Unit Description Unit Rate Unit
Bend Test of Rebar #11 ASTM A370 132.00$ Each Concrete Mix Design Review 246.00$ Each Bend Test of Rebar #14 ASTM A370 227.00$ Each Weld Procedure Review 492.00$ Each Bend Test of Rebar #3 - #10 ASTM A370 107.00$ Each QA/QC Plan Written Procedures Quote Upon Request Tensile #11 Rebar ASTM A370 107.00$ Each Administrative/Clerical Services 82.00$ Each Tensile #14 Rebar ASTM A370 267.00$ Each
Tensile Test #3 - #10 ASTM A370 100.00$ Each
Prestressing Steel Tests BASIS OF CHARGES
Description Unit Rate Unit Description Unit Rate Unit
Yield Strength, Breaking Strength, Elongation 399.00$ Each (add $ 50.00 per test; for Modulus of Elasticity) Work from 0-4 hours 4-Hour Minimum Billing Work from 4-8 hours 8-Hour Minimum Billing
Structural Steel Tests Project Management as Project Engineer/Geologist 1- Hour Minimum weekly Description Unit Rate Unit Work over 8 hours per day, or on Saturdays Time and One-Half Work over 12 hours per day Double Time
High Strength Bolts/Nuts/Washer Compliance Test ASTM F606200.00$ Each Work on Sundays/Holidays Double Time Mild Steel Not Over 1" Thick Each Show-Up Time 2-Hour Minimum Billing Tensile Strength, ASTM A370 (test only) 200.00$ Each Laboratory Testing - Rush Fee Add 50% to Testing Cost Anchor Bolts, A 505 279.00$ Each Outside Services/Reimbursables Cost + 20% Tensile Strength 267.00$ Each Shipping Charges Cost + 20% Bolts Proof Load or Ultimate 167.00$ Each Parking/Tolls At Cost Hardness (Rockwell) 68.00$ Each Certified Payroll Compliance $150 per month Deputy Inspectors (If applicable) -$
Fireproofing Tests Travel Time (Beyond 60-Mile Radius of Project Site) 98.00$ Description Unit Rate Unit Per-diem, Including Lodging (Beyond 100-Mile Radius) Quote Upon Request Fireproofing Adhesion / Cohesion Test Kit ASTM E736 68.00$ Each Fireproofing Density Test ASTM E605 60.00$ Each
REV 2025-02
GeoTek reserves the right to increase fees on a yearly basis 350
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 1 8048 Palm Ave.
Highland, CA
92346
909.864.0223
Fax 909.864.0280
[email protected]
SERVICE AUTHORIZATION AND AGREEMENT
Date: 10/15/2025
Requested By: Gregg Denson/Andrew Krumwiede
Company: ARCHITERRA Design Group, Inc. JCA File # 25-3222.0
Address: 10221-A Trademark
Rancho Cucamonga, CA 91730
Telephone: (909) 484-2800
Fax: (909) 484-2802
Project Name: Shady Grove Park
Location: Chino, Ca.
Project Description: Provide Electrical Construction documents reflecting new parking lot lighting, parking lot replacement lighting, walkway pole replacement lighting, playground pole replacement lighting, monument sign lighting, covered shelter replacement lighting and restroom building replacement lighting at existing park.
FEE SCHEDULE:
For electrical engineering design services per “Exhibit A” and “Exhibit B”, attached made a part hereof;
Fixed Fee of Twenty One Thousand Nine Hundred Dollars ($ 21,900.00) for Electrical Construction Documents, Electrical Engineering and Document Support
Hourly Fee not to exceed Two Thousand Two Hundred Dollars ($ 2,200.00) for Construction Administration
Fixed Fee of Six Hundred Fifty Dollars ($ 650.00) for Walkway, Playground and Parking Lot Lighting Photometric Illumination Plans, if required.
Fixed Fee of Eight Hundred Fifty Dollars ($ 850.00) for Walkway and Parking Lot Title 24 Energy Calculations, if required.
Fixed Fee of Two Thousand Nine Hundred Dollars ($ 2,900.00) for Design of New Electrical Metered Pedestal, Utility Company New Service Forms, Required Utility Company Drawings and Backfeed of Existing Metered Service, if required.
Fixed Fee of One Thousand One Hundred Dollars ($ 1,100.00) for Design of EV charger power connection and raceways for future EV chargers , if required.
CLIENT APPROVAL
Acceptance copy of this service authorization shall be signed and returned prior to commencement of work. The undersigned accepts the terms of this agreement, “Exhibit A-Scope of Services”, and “Exhibit B - Terms of Agreement for Engineering Services”, articles 1 through 11, attached as part hereof.
CLIENT
SIGNATURE:
DATE:
J Engineering Inc.
C A
Electrical Engineering & Consulting
351
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 2 NAME
:
Client P.O. / Project #
NAME: James Corns FOR: JCA Engineering Inc.
CONSULTANT: DATE: 10/15/2025
Acknowledgment copy – Please sign and return
“EXHIBIT A”
SCOPE OF SERVICES
1. Design of power distribution from existing service pedestal to each new light fixture including electrical controls and all fixture and equipment specifications.
2. Design of new pole L.E.D. walkway replacement lighting for existing walkways
3. Design of new pole L.E.D. playground replacement lighting for existing playground
4. Design of new pole L.E.D. parking lot replacement lighting for existing parking lot
5. Design of pole L.E.D. parking lot lighting for new parking area to meet all building codes presently adopted by the authority having jurisdiction.
6. Design of new L.E.D. canopy replacement light for existing shade structure
7. Design of new L.E.D. up lighting for three existing monument signs to meet Client’s requirements
8. Design new interior L.E.D. replacement lighting for remodeled restroom building
9. Design new exterior L.E.D. replacement lighting for remodeled restroom building
10. Design raceways from future upgraded power pedestal location to future EV charger locations
11. Provide structural pole base calculations for walkway, playground and parking lot lights poles. (two structural calculations).
12. Provide site lighting photometric illumination point by point drawing for walkway , playground and parking lot, if required.
13. Provide exterior walkway and parking lot lighting Title 24 calculations, if required.
14 Provide California registered Electrical Engineer’s review, stamp and signature.
15. Provide revisions necessary as a part of Building Department review; submit construction documents for bid issue and construction.
16. Design of power connection to required EV chargers and circuit breakers/raceways for future EV chargers, if required.
17. Design of New Electrical Metered Pedestal, Utility Company New Service Forms, Required Utility Company Drawings and Backfeed of Existing Metered Service, if required.
SERVICES NOT INCLUDED:
1. Soils testing and reports. Client shall provide to Consultant for use in structural calculations.
352
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 3 2. Design of new off-site street lighting or structural pole base calculations for street lighting.
3. Fabrication of electronic site plan, Client shall provide scaled electronic site plan.
4. Design of headend, active components, raceways, cabling, power outlets or devices for video surveillance, data, integrated communications, access control, site sound system, site annunciation system, door locking or wireless Wi-Fi.
5. Design of Future Solar Power System headend, equipment, cabling, solar panels or connection to existing site main service.
6. Specification, structural calculations or installation instructions for EV charging stations, if required by code.
7. Fees, submittals, processing or approval of electrical drawings with local Building Department.
8. Advertisement or hard copy sets for bidding purposes. Owner shall provide all advertising, bid sets and book specification, including fees, for bid.
9 Providing Boiler plate specifications or conducting bid process. Owner shall be responsible for all bid items.
10. Design of new additional lighting or power for existing restroom building.
11. Design of new pole walkway replacement lighting to meet all building codes presently adopted by the authority having jurisdiction. Replacement will be one for one at existing locations
12. Design of new pole playground lighting to meet all building codes presently adopted by the authority having jurisdiction. Replacement will be one for one at existing locations
13. Design of new pole parking lot lighting in existing parking area to meet all building codes presently adopted by the authority having jurisdiction. Replacement will be one for one at existing locations
14. Providing Construction Administration or Bid assistance.
15. Submittal, fees drawings, coordination and approved drawings from local power, telephone or cable utility company for new permanent service. Per new utility company standards there shall only be one contact person (Owner) for complete process. JCA to provide all electrical/telephone and cable information on forms, electrical PDF drawings and AutoCAD site plan for Owner’s submittal process
“EXHIBIT B”
TERMS OF AGREEMENT FOR ENGINEERING SERVICE
Article 1 BASIC SERVICES
1.1 Consultant shall coordinate with Client with respect to the Consultant's services in such a way that Consultant's duties and responsibilities shall be co-extensive with those of Client.
Consultant shall perform his services in character, sequence, and timing so that they will be coordinated with services of Client and other Consultants for the project. Consultant’s services will proceed after adequate base sheets and/or Client furnishes other information necessary. The Consultant's services shall conform to the original schedule and budget for the project as provided by the Client. The relationship of Consultant to the Client shall be that of an independent contractor performing professional services for Client in accordance with this Agreement.
1.2 Consultant shall comply with all Electrical Building Department rules and regulations that will affect this design on this project.
353
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 4 1.3 Consultant shall provide a complete set of design documents including all schedules, details, diagrams, legends and specifications (if required). Consultant shall furnish at his client all progress prints and specifications required.
1.4 Consultant shall review all electrically related shop drawings as submitted by the Electrical Contractor to ensure compliance with specifications.
1.5 Consultant shall perform the services as set forth on "Exhibit A", attached.
Article 2 DOCUMENT SUPPORT
2.1 Document support shall include Building Department or Division of State Architects review changes, Building Department or Division of State Architects responses and request for information.
2.2 Document support shall be considered as part of the contract, if required, regardless of the extensiveness of support required on the project.
Article 3 CONSTRUCTION ADMINISTRATION
Construction administration shall include addenda items due to changes, estimated construction cost, providing bid list, pre bid meeting, pre-construction meeting, change order review, shop drawing review, meetings during construction, site visits during construction video meetings during construction, conference calls during construction and final site inspection/punch list.
Article 4 WORK NOT INCLUDED / EXTRA SERVICES
4.1 All Building Department Fees: Consultant shall provide drawings as required to submit electrical construction documents for the Building Department plan check. Client shall pay all Building Department fees.
4.2 Printing: Client shall furnish at his expense information and progress prints of the work required for this project. Prints required by reviewing agencies. Documents required for bidding and construction shall be paid for by Client or Consultant shall pay for blueprinting and Client will reimburse. Client shall pay for final prints and specifications furnished to Consultant. Mylar final prints shall be paid for by Client or Consultant shall pay and Client will reimburse. Reimbursable invoice for additional prints shall include blueprint cost, plus 15% for any applicable governmental fees, outside vender reproduction cost, in house reproduction costs, mileage and delivery or messenger services incurred on client’s behalf
4.3 Additional work/revisions: No additional services shall be performed without written direction from Client. Consultant shall be paid by Client for any additional work resulting from changes or revisions made by the Client or Project Owner and also for any additional work not specifically mentioned in Articles 1 and 2 above, as provided in paragraph 5.1.
Article 5 COMPENSATION
5.1 Client shall pay Consultant amount stated in “FEE SCHEDULE”, page 1.
5.2 Client shall pay Consultant for Article 3 "Work Not Included/Extra Services/Construction Support" for changes or revisions per paragraph 4.3 at the hourly rates as set forth in paragraph 4.3.
5.3 For the purposes of hourly services and/or revisions for the basic services, the Consultant shall invoice the Client at the following rates:
Project Engineer/Manager $ 240.00
Designer $ 190.00
Drafting/CADD $ 175.00
Clerical/Delivery/Accounting $ 160.00
These hourly rates shall be adjusted annually based on increases in product cost, the cost of living and fuel prices.
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 5 Article 6 INVOICE AND PAYMENTS
6.1 At Building Department or Division of State Architects submittal project shall be considered 80%. Consultant shall tender an 80% invoice to Client setting forth all amounts due. Client shall completely pay 75% invoice prior to final building department or division of state architects submittal or electrical drawings will not be stamped or wet signed
6.2 When project is approved by the Building Department, Division of State Architects or published for bid the Electrical Construction Documents shall be considered 100%.
Consultant shall tender a 20% invoice (Total amount for Construction Documents 100%) to Client setting forth all amounts due.
6.3 During design and construction phase Consultant shall tender an invoice to Client setting forth the amounts due for Construction Administration and reimbursable expenses.
6.4 Projects that do not require Construction Administration shall not be invoiced.
6.5 Items in FEE SCHEDULE noted as “if required” and note provided shall not be invoiced
6.6 At completion of project Client shall provide written notification to Consultant when they are doing final billings to Owner. Closing out project without written notification to Consultant does not relieve Client of complete payment of all amounts. After notification Consultant shall tender an invoice to Client setting forth the final amounts due for Construction Administration and reimbursable expenses, as required.
6.7 Client shall pay to consultant the total amount due under invoice within thirty days after receipt of invoice, or within five (5) days of receiving payment from owner (if other than client) whichever date occurs first. Client shall pay a service charge of 1.50% per month on all unpaid balances. Consultant may suspend all work on the project when accounts are over 60 days delinquent.
Article 7 ABANDONMENT
In the event the project is abandoned, Client shall advise immediately by written notice, Consultant to stop work. Client shall pay consultant for all outstanding invoices for service performed and for services completed at that time on the project. Work shall be suspended until Client advises Consultant in writing to continue work.
Article 8 ELECTRICAL DOCUMENTS
8.1 All electronic files, drawings and copies furnished by JCA Engineering Inc. are and shall remain its property. They are to be used only with respect to the above-mentioned project and are not to be used on any other project. Submission or distribution to meet official regulatory requirements or for other purposes in connection with this project is not to be construed as publication in derogation of JCA Engineering Inc. common law copyright or other reserved rights.
8.2 Client agrees not to make changes to any of the Consultants documents without Consultants written agreement.
8.3 Electrical plans are diagrammatic only. Architectural drawings, elevations, details or sections shall denote all electrical devices locations that need exact mounting requirements.
8.4 Upon request Consultant shall provide the Client with electronic files after all fees have been completely paid and JCA’s affidavit has been signed and returned. Time required to process request will be billed to Owner or Client at the above hourly rates.
8.5 Electrical design on documents is guaranteed for a 180 day period. Projects that have not started construction prior to the guarantee period shall be subject to additional electrical fees to investigate and change any items on the drawings related to the current electrical and fire code at that time.
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; JCA
25-3222.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 6 Article 9 SCOPE OF AGREEMENT AND ACCEPTANCE
9.1 This document contains the entire agreement of the parties relating to the rights granted and obligations assumed in this document. Any oral modifications or representations concerning this document shall be of no effect unless contained in a subsequent written modification signed by the party to be charged.
9.2 The electrical fees shown above shall be reviewed and adjusted if the project has not commenced within 180 days of signing of this contract.
Article 10 INSURANCE
Each party to this Agreement shall carry and maintain insurance to protect him from claims arising out of the performance of his professional services caused by the acts, errors or omissions of each party's legally responsible.
Article 11 ARBITRATION
All questions in dispute under this Agreement shall be submitted to arbitration in accordance with the provision of the Construction Industry rules of the American Arbitration Association. Consultant cannot be sued for a greater amount than the fee. The prevailing party shall be entitled to reasonable attorney's fees to be awarded by the Arbitrator. If there are judicial proceedings instead of arbitration, reasonable attorney's fees shall be fixed by the court.
END OF DOCUMENT
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; LD King
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; RGSE
10/15/2025 Job number 25429 1 of 5
October 15, 2025
DREW KRUMWIEDE, PLA
Architerra Design Group
10221-A Trademark Street
Rancho Cucamonga, CA 91730
Contract for: Structural engineering services for a new Trash Enclosure (one design), Shady Grove Park, Chino, CA per the RFP received 10/14/2025.
Project: Trash Enclosure, Shady Grove Park, Chino
Project No.: 25429
Dear Mr. Krumwiede,
Thank you for asking us to provide you with our proposal for above referenced project. Present herewith is RGSE Inc’sevaluation of the scope of work and fees anticipated to complete the tasks.
Article 1, Assumptions/Parameters
1. We assume the soil is adequate for supporting the proposed structure using building code presumptive allowable soil stresses, and there are negligible amounts of sulfates, or other reactive chemicals unless noted otherwise on a soils report stamped and signed by a licensed geologist, and submitted to us prior to start of foundation design.
2. Our analysis will be based on CBC 2022 or 2025 part 2, volume 2, and referenced standards.
3. There are no existing subterranean structures, piping, or conduits that would affect the structural design.
4. The CLIENT will process submittals for permit.
5. The CLIENT will provide RGSE Inc with architectural plans in CAD, DXF, or REVIT format for use as our backgrounds.
6. The CLIENT will provide RGSE Inc with a geotechnical report with required information for foundation design, stamped and signed by a licensed professional engineer (if required by the building official).
7. The foundation design will consist of a conventional shallow footing system.
8. We do not check the internal structure of the elements being anchored, such as mechanical units, and prefabricated architectural elements. We assume that the elements are internally structurally adequate for credible loads.
9. Design/build and deferred submittals shall include:
a. Veneer anchorage systems.
b. Post tensioned slab on grade and foundations.
c. Prefabricated trusses, commercial joists, shear walls, panels, and frames. d. Prefabricated mounted screens, awnings and eyebrows
Article 2, Basic Services
1. Design coordination with the other design professionals to ensure design intent is feasible.
2. Structural design and analysis in a Calculations package.
3. Structural Drawings for permit and construction.
4. Signing and sealing of the structural Drawings and Calculations.
5. Correspondence with Building Department Officials during the Plan check process.
6. Correspondence with contractors in the form of RFIs for clarifications and omissions.
7. Review and mark up the shop drawings and submittals as required by the Building department, and/or specifications.
8. Outline specification of structural materials in short form on our drawings.
Article 3, Exclusions and Additional services
The following services are not contemplated to be included within the scope of fee. These items may be added to the scope for an additional fee.
1. Architectural design and architectural code requirements including, but not limited to: Egress, Water and weather protection, Fire and smoke protection, Aesthetics, Window and ventilation requirements, Americans with disability act requirements ADA, Special space requirements and clearances, Planning department, and/or association requirements, Acquisition of reports, and/or drawings from other professionals, and Project management.
2. Soil engineering, civil engineering and site survey.
3. Detection or remediation of hazardous materials.
4. Mechanical, Electrical and Plumbing engineering.
5. Cost estimate and project schedule.
6. Means and methods of construction.
7. Workers safety and procedures.
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; RGSE
10/15/2025 Job number 25429 2 of 5
8. Design and details of site work like fence walls, retaining walls, walkways, and ornamental structures, except for those items specifically listed in scope.
9. Re-design due to new soil parameters or contractor errors.
10. Re-design due to changes in the architectural dimensions, elevations, or rooflines.
11. Long form specifications booklet.
12. ‘As-built’ or ‘Record’ drawings, unless noted otherwise.
13. Field verification of existing site conditions, unless noted otherwise.
14. Field verification of existing construction, unless noted otherwise.
15. Hydrology calculations.
16. Construction engineering, shoring of temporary conditions, and temporary earth retaining walls, except for those items specifically listed in scope.
17. Core drilling, concrete scanning, and material testing
18. Anchorage and stability of those elements and equipment less than 400 lbs and has a center of mass less than 48” tallexcept for those items specifically listed in scope.
19. Additional meetings, structural observations as not specified within Article 2. Note that even if structural observations during construction are not required by the Building Code or Official, they are highly recommended for review of the construction for general conformance with the approved construction documents.
20. Plan check and other jurisdictional fees.
21. REVIT or BIM models, unless noted otherwise.
Article 4, Compensation
For the services outlined in Article 2, RGSE Inc will bill a fixed fee of: $5000.00, plus reimbursable expenses.
Acceptable forms of payments are cash or checks made payable to RGSE INC or by bank or credit card at www.rgseinc.com/pay- online. Compensation shall be due base upon progress of the work as follows:
1 Retainer prior to start of work and minimum fee 20%
2 Upon submittal of report or schematic drawings
End of Schematic design phase. Contains plans with
structural systems outlined.
-
3 Upon Submittal of a 50% complete progress set of
construction documents. End of design development
phase. Contains plans, some typical details, and notes. -
4 Upon Submittal of plan check ready drawings.
End of construction document phase
80%
5 Upon Submittal of permit ready drawings.
End of plan check phase
-
6 At end of construction administration phase or last
observation report included in Article 2
-
7 Weekly for structural observations, reports, site meetings and transportation time to and from the project site, not included in Article 2.
Hourly rate
shown below.
8 Weekly for additional scope or client approved changes not caused by errors and omissions by RGSE INC
Hourly rate
shown below.
The above fee is based on all assumptions and exclusions, and each scope of the service shall be performed, and as described.
Deletion or change to the assumptions, scope, or exclusions may affect the compensation quoted and /or the timing of our completion.
The CLIENT agrees to compensate RGSE Inc for any additional services that are requested on an hourly basis. Services done at hourly rates will include travel time to meetings and trips to the project site. Where overnight stays are required for long distance projects or meetings, a minimum of 8 hours and a maximum of 12 hours will be billed for any one 24 hour period. The following rates are effective for up to one year after the date of this agreement. Rates are adjusted annually at the first of the year. Payment is due at the time these services are rendered.
Structural engineer $240.00 per hour
Senior PE $215.00 per hour
Professional engineer $195.00 per hour
NDT Specialist $195.00 per hour
Engineer in training $170.00 per hour
Designer / technician $140.00 per hour
Draftsman $110.00 per hour
Administrator $90.00 per hour
Intern $50.00 per hour
The CLIENT may expedite the services by agreeing to compensate RGSE Inc for overtime expenses subject to the agreement of the engineer. Payment to RGSE Inc shall be made within thirty (30) days following receipt of invoices and shall be based upon the proportion of services completed. Payments outstanding after thirty (30) days shall accrue interest at the rate of 1 ½ % per month, simple interest. RGSE Inc shall place a lien on the address for projects with unpaid invoices that are more the 90 days past due.
Article 5. Reimbursable expenses
Standard expenses, such as reproductions, Postage, handling, and delivery fees, are in addition to our fees. Reimbursable expenses are charged at our standard rate of cost plus fifteen percent (15%). 364
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; RGSE
10/15/2025 Job number 25429 3 of 5
Article 6, General Conditions
Unless this offer is previously accepted, it will be withdrawn automatically at 5pm, 60 days from the date of issue.
Contract: These Contract Provisions and the accompanying Proposal constitute the full and complete Agreement between the parties and may be changed, amended, added to, superseded, or waived only if both parties specifically agree in writing to such amendment of the Agreement. In the event of any inconsistency between these Contract Provisions and any proposal, contract, purchase order, requisition, notice to proceed, or like document, these Contract Provisions shall govern.
Right of Entry: When entry to property is required for RGSE INC to perform its services, the CLIENT agrees to obtain legal right of entry on the property.
Documents: All reports, notes, drawings, specifications, data, calculations, and other documents, including those in electronic form, prepared by RGSE INC are instruments of RGSE INC’s service that shall remain RGSE INC's property. The CLIENT agrees not to use RGSE INC-generated documents for marketing purposes, for projects other than the project for which the documents were prepared by RGSE INC, or for future modifications to this project, without RGSE INC's express written permission. Any reuse or distribution to third parties without such express written permission or project-specific adaptation by RGSE INC will be at the CLIENT’s sole risk and without liability to RGSE INC or its employees, and contractors. CLIENT shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless RGSE INC from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized use, reuse, transfer or modification.
Hazardous Materials: RGSE INC shall have no responsibility for the discovery, presence, handling, remediation, accidental release, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. In the event that RGSE INC or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that certain materials may be present at the job site or any adjacent areas that may affect the performance of the RGSE INC’s services, RGSE INC may, at its option and without liability for consequential or any other damages, suspend performance of service on the Project until the CLIENT retains appropriate specialist consultant’s or contractor’s to identify, abate and/or remove the asbestos or hazardous or toxic material, and warrant that the job site is in full compliance with applicable laws and regulations.
Construction Phase Services: If RGSE INC performs any services during the construction phase of the project, RGSE INC shall not supervise, direct, or have control over Contractor’s work. RGSE INCshall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of the Contractor. RGSE INC does not guarantee the performance of the construction contract by the Contractor and does not assume responsibility for the Contractor’s failure to furnish and perform its work in accordance with the Contract Documents.
Standard of Care: RGSE INC and its employees, contractors, and subcontractors will exercise that degree of care and skill ordinarily practiced under similar circumstances by professional engineers providing similar services. CLIENT agrees that services provided will be rendered without any warranty, express or implied. RGSE INC shall exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws rules, ordinances, and such other requirements in effect as of the date of execution of this Agreement.
Opinion of Probable Costs: When required as part of its work, RGSE INC will furnish opinions of probable cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions, and utilitarian considerations of operations and maintenance costs prepared by RGSE INC hereunder will be made on the basis of RGSE INC's experience and qualifications and will represent RGSE INC's judgment as an experienced and qualified consultant. However, users of the probable cost opinions must recognize that RGSE INC does not have control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors' methods of determining prices or performing the work.
Suspension of Work: The CLIENT may, at any time, by written notice, suspend further work by RGSE INC. The CLIENT shall remain liable for, and shall promptly pay RGSE INC for all services rendered to the date of suspension of services, plus suspension charges, which shall include the cost of assembling documents, personnel and equipment, rescheduling or reassignment, and commitments made to others on CLIENT's behalf. CLIENT shall pay RGSE INC pursuant to the rates and charges set forth in the Proposal. RGSE INC will submit monthly invoices to CLIENT for services rendered and expenses incurred. If the project is suspended for more than thirty (30) calendar days in the aggregate, RGSE INC shall be compensated for services performed and charges incurred prior to receipt of notice to suspend, and, upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the project is suspended for more than ninety (90) calendar days in the aggregate, RGSE INC may, at their option, terminate this Agreement upon giving notice in writing to Client. CLIENT agrees to waive any claim against RGSE INC, and to indemnify and hold harmless RGSE INC from any claim or liability resulting from such suspension. If Client fails to make payments when due or otherwise is in breach of this Agreement, RGSE INC may suspend performance of services upon five (5) calendar days’ notice to the Client. RGSE INC shall have no liability whatsoever to Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by Client.
Liability: To the extent permitted by law, the total liability, in the aggregate, of Design Professional and Design Professional's officers, directors, members, partners, agents, employees, and sub-consultants, to Client, its subsidiary and/or affiliated companies and their respective officers, directors, employees, agents and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to RGSE INC's services, the Project or this Agreement, or any Addenda, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty shall not exceed: 10x the total engineering fee recorded in Article 4 of this contract which has been paid to RGSE INC for this project. The CLIENT shall not withhold amounts from RGSE INC’s compensation to impose a penalty or liquidated damages on RGSE INC, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless RGSE INC agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
Indemnification: RGSE INC agrees to indemnify and hold harmless the CLIENT, its officers, directors, partners, and employees from and against any damages, losses, liabilities, expenses, and costs (including reasonable attorneys' fees) arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by RGSE INC's negligent or wrongful acts, errors or omissions in the performance of professional services under this Agreement. Notwithstanding any language to the contrary in this Article, RGSE INC shall only be required to reimburse CLIENT for defense fees and costs including attorney’s fees, in proportion to 365
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; RGSE
10/15/2025 Job number 25429 4 of 5
RGSE INC’s proven acts of negligence and further, only to the extent such fees and costs were directly attributable to CLIENT’s defense of a suit based on RGSE INC’s actual negligence. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. RGSE INC is not obligated to indemnify the CLIENT for the CLIENT's own negligence or willful misconduct. It is intended by the parties to this Agreement that Design Professional’s services in connection with the Project shall not subject RGSE INC’s individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against RGSE INC’s, a California corporation, and not against any of Design Professional's individual employees, officers or directors.
Governing Law: The laws of the state in which RGSE INC office executing this Agreement is located shall govern the validity and interpretation of this Agreement.
Invalid Terms: In the event any of these Contract Provisions are found to be illegal or otherwise unenforceable, the unenforceable Contract Provision will be stricken. Striking such a Contract Provision shall have no effect on the enforceability of the remaining Contract Provisions and those remaining Contract Provisions shall continue in full force and effect as if the unenforceable Contract Provision were never included in the Agreement. Where a provision of the Prime Agreement is inconsistent with a provision of this Agreement, this Agreement shall govern.
Mediation: The CLIENT and RGSE INC agree to submit all claims and disputes arising out of this Agreement to non-binding mediation prior to the initiation of legal proceedings. This provision shall survive completion or termination of this Agreement; however, neither party shall seek mediation of any claim or dispute arising out of this Agreement beyond the period of time that would bar the initiation of legal proceedings to litigate such claim or dispute under the applicable law.
Certifications: RGSE INC shall not be required to sign any documents, no matter by whom requested, that would result in RGSE INC's having to certify, guaranty, or warrant the existence of conditions that RGSE INC cannot ascertain. There is no implied warranty as to the final construction.
Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the CLIENT or RGSE INC. RGSE INC’s services hereunder are being performed solely for the benefit of the CLIENT, and no other entity shall have any claim against RGSE INC because of this Agreement or RGSE INC’s performance of services hereunder.
Consequential Damages: Neither the CLIENT nor RGSE INC shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract and breach of warranty.
Transmission of agreement: Faxed or scanned and emailed signatures shall be treated as originals. Transmit the entire agreement, not just the signature page.
Additional Services: If the services covered by this Agreement have not been completed within thirteen months of the date of this Agreement, through no fault of RGSE INC, extension of the RGSE INC’s services beyond that time shall be compensated as Additional Services.
Privacy: The Engineer agrees that all knowledge and information not already considered within the public domain which the Engineer may acquire from the Owner by virtue of performing services hereunder, will be regarded as strictly confidential and held in confidence and shall not be disclosed to anyone without the Owner’s prior written consent to such disclosure.
Delay beyond reasonable control: Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence.
Deferred engineering: Should deferred engineering be used such as pre-fabricated trusses, pre-fabricated metal building, post tension foundation, or any other deferred element, be utilized and designed by an engineer retained and reimbursed by other than RGSE INC, said engineer shall be primarily responsible for this work. RGSE INC shall not be liable for negligent acts, errors or omissions made by CLIENT’S ENGINEER, or CLIENT’S CONTRACTOR ENGINEER, employee, including employee agents or sub-consultant, or anyone for whom CLIENT’S ENGINEER, or CLIENT’S CONTRACTOR ENGINEER is legally liable. CLIENT further agrees to waive any claim against RGSE INC, and to indemnify and hold harmless RGSE INC from any claim or liability arising from such errors or negligence arising from such deferred engineering.
Copies of documents: Copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed and sealed by RGSE INC. Files in electronic media format or text, data, graphic or other types that are furnished by RGSE INC to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. When transferring documents in electronic media format, RGSE INCmakes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by RGSE INC at the beginning of this assignment. The CLIENT agrees waive any claim against RGSE INC and to indemnify and hold harmless RGSE INC from any claim or liability resulting from parties unauthorized re-use of documents.
Contactor’s responsibility: It is understood that the contractor, not RGSE INC, is responsible for the construction of the project, and that RGSE INC is not responsible for the acts, errors or omissions of any contractor, sub-contractor or materials supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the contractor. CLIENT recognizes that the contractors CLIENT selects may commit errors, omissions, or other acts that lead to claims and that RGSE INC may be claimed against as well, because actual responsibility will not be determinable until discovery is complete.
Because some of RGSE INC’s employees may have to bear personal liability in such cases, a risk to which contractor’s employees are immune; because, historically, many contractors have declared bankruptcy or dissolved their business in order to escape liability, an action that significantly increases RGSE INC’s risk; and because CLIENTselects contractors, CLIENT agrees to reimburse RGSE INC for any settlement or judgment RGSE INC is required to pay beyond that amount which RGSE INCs extent of culpability otherwise would require.
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; RGSE
10/15/2025 Job number 25429 5 of 5
Site observation: It is agreed that the professional services of RGSE INC do not extend to or include the review or site observation of the contractor’s work or performance unless specifically listed in Article 2. CLIENT further agrees to waive any claim against RGSE INC, and to defend, indemnify and hold harmless RGSE INC from any claim or liability arising or alleged to have arisen from Site observation. It is further agreed that the CLIENT will defend, indemnify and hold harmless RGSE INC from any claim or liability, arising from GENERAL CONTRACTOR’S performance, or failure of GENERAL CONTRACTOR’S work or alleged to have arisen from the GENERAL CONTRACTOR’S performance or the failure of the GENERAL CONTRACTOR’S work to conform to the design intent and the contract documents. CLIENT is not obligated to indemnify RGSE INC for the RGSE INC'S own negligence. Observation differs from inspection in that “observation” is defined as “the act of viewing or noting something, for scientific or other special purpose”; inspection is defined as “an especially careful or critical viewing of something”.
RGSE INC reliance: RGSE INC shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to RGSE INC such information as is available to the CLIENT and RGSE INC’s contractors, and RGSE INC shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is impossible for RGSE INC to assure the accuracy, completeness and sufficiency of such information either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless RGSE INC, and RGSE INC’s employees and contractors from any claim, liability or cost (including reasonable attorneys’ fees and costs of defense) for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the CLIENT to the RGSE INC.
Relationship: This Agreement and the deliverables, obligations, and rights herein are intended for the sole use and benefit of the Parties and are not intended to create any third party rights or benefits. This Agreement and the design may not be transferred or assigned by either Party without written consent.
Maintenance: The Client agrees and understands that subsequent routine, periodic maintenance, maintenance inspections, and any other necessary repairs is required by the Client or Client selected contractor, sub-contractor, or other appropriate purpose entity for this Project. Further, the aforementioned requirements shall be a condition precedent for Client to subsequently assert a claim against Design Professional or Design Professional’s sub-consultants pertaining to the system or building element.
Respectfully submitted,
Jeff Lubberts
Associate Principal, RGSE Inc.
Structural Engineer no.6432
I acknowledge having read this letter and the proposal contained therein, and agree to its terms and conditions. If this a contract with a corporation, estate or any other type of legal entity, I attest that I am an authorized to act on the behalf of the said organization. I hereby authorized you to commence work on this project.
DREW KRUMWIEDE, PLA
Architerra Design Group
10221-A Trademark Street
Rancho Cucamonga, CA 91730
By:
Date:
Billing email:
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10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; SVA
Santa Ana + Pleasanton + San Diego + Davis + Honolulu SVA Architects, Inc.
6 Hutton Centre Drive, Suite 1150
Santa Ana, California 92707
T 949.809.3380
[email protected]
www.sva-architects.com
October 16, 2025
GREGG DENSON, PLA
Architerra Design Group – Principal | Director of Design Phone: (909) 484-2800 Ext. 1015
Re: Shady Grove Park, 6776 Chino Ave, Chino, CA 917 10
Dear Gregg,
SVA Architects, Inc. (SVA) appreciates the opportunity to submit our proposal to Architerra Design Group (ADG) to provide architectural services for the Shady Grove Park Restroom Building, located at 6776 Chino Ave, Chino, CA 91710. Enclosed are our proposed services, the project team members, and our fees for your review.
I. Project Description
The project scope includes access compliance improvements and maintenance/repair for the park restroom building.
II. Scope of Services
SVA will serve as the Architect and our team will provide design, engineering, and construction administration services for the project.
A. Assessment and Conceptual Design
1. Evaluate existing conditions
2. Confirm with stakeholders their required program and expectations
3. Markup photos, as built plans to indicate scope of work
4. Compose basis of design and scope of work narrative
B. Construction Document (CD) Phase
1. Prepare Demolition Drawings
2. Prepare Improvement drawings
3. Develop Drawings and Specification for water closet adjustments
4. Develop Drawings and Specification for toilet partitions
5. Develop Drawings and Specification for ceiling plaster finish
6. Develop in-house cost estimate
7. Develop Drawings and Specification for miscellaneous work:
C. Flooring replacement
D. Restroom accessories
E. Vent screens
F. Exterior painting
G. Vision screening enhancement
368
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; SVA
H. Door and/or door hardware replacement if determined to be necessary.
I. Plan Check Phase
1. Provide plans to ADG for use by ADG in submitting for plan check approval
2. Respond to plan check comments
J. Bid phase
1. Review bidder RFIs and provide responses
2. Issue addenda if needed
K. Construction Phase
1. Review submittals
2. Respond to RFIs
3. Visit site for progress observation and punch walk
III. Project Team
Our project team includes the following companies providing the scope and disciplines of work as shown.
Firm Scope / Disciplines Website
SVA Architects, Inc. Architectural Design www sva-architects.com
IV. Compensation
A. For the services described above, SVA proposes a fixed fee Twelve Thousand Nine Hundred Fifty Dollars for the base Architectural and Engineering fee.
Scope / Tasks Proposed Fee
Preliminary Design $3,512.00
Construction Documents $8,140.00
Plan Check $1,295.00
Bid $925.00
Construction admin $2,775.00
Base A&E Fee: $16,650.00
Total Fee: $16,650.00
B. Payment to SVA will be made monthly in proportion to the services performed.
C. Reimbursement for any direct expenses will be the actual expense with 10% markups. Reimbursable expenses will be for printing and deliveries, if requested by the client.
369
10221-A Trademark St., Rancho Cucamonga, CA 909-484-2800
SHADY GROVE PARK IMPROVEMENTS
CITY OF CHINO
Subconsultant Proposal; SVA
Thank you for this opportunity to submit our proposal. Please feel free to reach out with any questions.
S i n c e r e l y ,
S V A A r c h i t e c t s , I n c .
R o b e r t M . S i m o n s , A I A
Partner & President | [email protected] | Office: 949-809-3380 | Cell: 949-233-6391 370
01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
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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. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “A-1”.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Award of Contract - Heritage Park Improvements Project (PK261). ..end
RECOMMENDATION
..recommendation
1) Award a Professional Services Agreement in the amount of $248,800 to RHA Landscape Architects-Planners, Inc., Riverside, CA for design services for the Heritage Park Improvements Project (PK261); 2) authorize expenditures of up to $24,880 for project contingencies for a not- to-exceed potential contract amount of $273,680; 3) appropriate $173,680 to the Park Fund with a backfill from the General Fund reserves for a revised project budget of $273,680; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. ..body
FISCAL IMPACT
This additional appropriation to the Park Fund 340 and back fill from the General Fund 100 of $173,680, for the Heritage Park Improvements (PK261) is part of the Measure V Initiative and supports the City Council’s commitment to allocating resources toward community park enhancements. There are sufficient General Fund reserves for this project.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Revenue:
Expenditure: 3408300-48004-PK261
Transfer In: Transfer Out:
374
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AWARD OF CONTRACT - HERITAGE PARK IMPROVEMENTS PROJECT (PK261).
PAGE: 2
BACKGROUND
In March 2024, Chino voters approved Measure V, a one -cent sales tax increase to fund essential City services, such as park improvements and ball fields. During the same year, the Community Services, Parks & Recreation Department’s Parks and Facilities Division completed a citywide assessment of playground equipment and safety surfacing at all City -owned and maintained parks. The resulting condition data informed a replacement schedule based on age, safety/compliance, and lifecycle status. Heritage Park was built in 1992, encompasses approximately 10 acres of open space and includes a picnic pavilion, playground, restroom/concession building, and three youth baseball fields. The park is the pr imary home field for Chino National Little League and experiences heavy community use. The playground and pavilion were identified for early-phase replacement due to condition and utilization.
The improvement project is also based on the Heritage Park acc essibility survey completed in September 2019, which identified necessary improvements throughout the park, such as accessible paths of travel, accessible bleacher seating, concession building service counter, compliant picnic tables, and new accessible pa rking stalls. The project will also include LED lighting upgrades and related site utility work to meet current codes and standards. The project will also upgrade the baseball complex with shaded spectator seating, new backstops, and related amenities.
RHA Landscape Architects-Planners, Inc. was selected from the City’s list of pre -qualified on- call consultants. RHA is a well -established firm with recent, relevant experience delivering successful projects in Chino, including Chino Rancho Park and multiple improvements at Ayala Park. Their familiarity with City standards and processes positions them to efficiently deliver this project. At staff’s request, RHA submitted a detailed proposal to prepare plans, specifications, and construction documents in the a mount of $248,800, inclusive of subconsultants for geotechnical, surveying/building scan, civil, architectural, electrical, and stormwater/hydrology services.
ISSUES/ANALYSIS
Staff is recommending that City Council authorize a Professional Services Agree ment in the amount of $248,800 to RHA Landscape Architects -Planners, Inc., Riverside, CA for the design of the Heritage Park Improvement Project. In addition to the contract amount, staff is requesting to spend up to $24,880 on contingencies for unanticipa ted work, bringing the total potential contract to $273,680. This request requires appropriation of $173,680 to the Park Fund 261 with backfill from the General Fund reserves for a revised project budget of $273,680.
Attachment: RHA Landscape Architects-Planners, Inc. - Agreement/Proposal
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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
RHA LANDSCAPE ARCHITECTS PLANNERS, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 16th day of December, 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and RHA Landscape Architects Planners, Inc., a landscape architect firm (“Consultant”). City and Consultant may be referred to individu ally 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 submissio n of a proposal or bid for the performan ce of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties d esire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 376
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and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 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 377
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall 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.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with 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.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, 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 380
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Forty -Eight Thousand Dollars and Zero Cents ($248,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the 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. 381
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of 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 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 382
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, 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, 2027, 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 two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Doug Grove President
(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 383
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services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Michael Milhiser 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.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, 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. 385
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall 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.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow 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 387
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(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;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not 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 389
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the 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’sfees, caused by or incurred as a result of Consultant’s conduct. 390
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 391
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the 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) 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 392
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’Fees.
If either party to this 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.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any 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.
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 394
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the 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 395
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Silvia Avalos , Director of Community Services, Parks, and Recreation
CONSULTANT:
RHA Landscape Architects Planners, Inc.
By:
Name: Doug Grove
Title: President
By:
Name:
Title:
Address: 6840 Indiana Ave. Ste. 100
Riverside, CA 92506
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. 397
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.
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68 4 0 INDIANA AVENUE, SUITE 100 RIVERSIDE CALIFORNIA 92506 (951) 781 - 1930 www.rhala.com LICENSE #2799
P R O P O S AL
TO: Date:
Project:
Dear Michael,
RHA Landscape Architects-Planners, Inc. has developed the following scope of services and fee schedule for design services requested on the Heritage Park Renovation project. We understand the scope of improvements to include the following:
• Concession building – lower one serving window and replace roof covering • Replace existing backstops, fencing, and dugouts
• Replace existing playground
• Replace existing picnic shelter
• New concrete paving around all site amenities
• Replace of infields and related equipment
• Replace of all site irrigation
• New turf in all disturbed areas
• New accessible parking stalls
• Replace of all current walkway lighting fixtures and add new lighting for uniform illumination • Replace of all current parking lot lighting fixtures and add new lighting for uniform illumination
1. DESIGN DEVELOPMENT
a. Project Coordination and Meetings
We will prepare and update a project schedule and coordinate the project with you as required. We will be available for project discussions in person, over the phone, and via email. We will manage and coordinate the project internally to ensure it stays on s chedule. We will attend meetings with you and City staff as required during the course of the project. We can schedule the meetings online or in person as needed.
b. Site Research and Base Plan
We will visit the site to review the existing conditions for the preparation of the base plan in conjunction with the topographic survey.
c. Geotechnical Investigation and Report
Converse Consultants will conduct a geotechnical soils investigation and report for use in grading and structural calculations and paving sub-base recommendations.
Michael Milhiser
City of Chino
13220 Central Avenue
Chino, CA 91708
September 18, 2025
Heritage Park Renovation
Exhibit A-1
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d. Topographic Survey, Utility Research and Building Scan PBLA Engineering will prepare a complete topographic survey that will include:
• Record research with the governing agency for existing mapping on and adjacent to the site.
Compile relevant data for the basis of a survey control plan. • Aerial survey of improvement areas and provide topographic survey at a scale of 1” = 40’ with 1 ft. contours, spot elevations, and all visible man-made features for design survey and dip existing sewer and storm drain manholes. Locate all existing above ground utilities. Topographic survey of existing curbs, gutter and lip of gutters. On-site topographic survey of all existing tie-ins. Cross section of Chino Ave and Norton Ave including back of sidewalk, TC, TL and lid of gutter property at 25-foot intervals. PIQ side only, no street shots.
• Conduct required field work to locate existing monuments and analyze record mapping to establish overall project control. The Survey Control Plan shall exhibit, describe all official monuments and all temporary control points found and/or set for this project, for future use. • Provide as-built floor plan with elevations based on fieldwork required to scan interior/exterior of existing building approximately 1,300 sf.
e. Site and Building Design Development and Cost Estimate We will prepare a colored Design Development Plan along with detailed cost estimates for review.
The package will also include photographs and renderings of the proposed amenities and improvements including the improvements to the building. These materials will be presented to city staff for their comments and feedback. Based on their input, we will revise the plan and estimates as needed to secure final city approval before proceeding with the construction documents.
2. CONSTRUCTION DOCUMENTS
a. Project Coordination and Meetings
We will prepare and update a project schedule and coordinate the project with you as required. We will be available for project discussions in person, over the phone, and via email. We will manage and coordinate the project internally to ensure it stays on schedule. We will attend meetings with you and City staff as required during the course of the project. We can schedule the meetings online or in person as needed.
b. Demolition Plans
RHA will prepare a demolition plan that will identify all existing items within the proposed improvement areas and whether they are to be protected-in-place or removed.
c. Precise Grading Plans
PBLA Engineering will prepare a grading plan for the proposed improvements. Spot elevations, contours, grading notes and earthwork quantities will be provided.
d. Erosion Control Plans
PBLA Engineering will prepare an erosion control plan in accordance with City of Chino standards using for inclusion in the precise grading plan set. This plan will provide erosion control based on completed rough grading.
e. Hydrology / Hydraulics Report
PBLA Engineering will prepare on-site hydrology study that includes existing & developed condition hydrology, flood routing if required and establish size of storm drain conduits for on- site systems.
This will be coordinated with the overall regional hydrology study for master planned systems as required.
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f. Storm Water Quality Management Plan
PBLA Engineering will p repare a Storm Water Quality Management Plan (WQMP) to identify best management practices for the intended uses of the project in accordance with state, county and local requirements.
g. Storm Water Pollution Prevention Plan
PBLA Engineering will p repare Storm Water Pollution Prevention Plan (SWPPP) to identify and implement best management practices for the mitigating storm water pollution during the course of construction of the project in accordance with state, county and local requirements.
h. Architectural Plans and Details
PBLA Architecture will prepare architectural plans and detail for the modifications to the concession building. Details will be provided to demonstrate proper installation.
i. Electrical Plans and Details
JCA Electrical Engineering will prepare electrical plans that will identify all proposed electrical improvements. Scope includes new metered main service, new parking lot lighting, new walkway lighting, new shade shelter/canopy lighting, new irrigation controller connection, new scoreboard connection, new site raceway/power for future camera system, new site low voltage raceway for future solar system, lighting replacement in existing storage building, lighting replacement in existing concession/restroom building and power modifications in existing concession/restroom building.
j. Construction Plans and Details
RHA will prepare construction plans that will identify all proposed improvements. Details will be provided to demonstrate proper construction and installation.
k. Irrigation Plans and Details
RHA will prepare irrigation plans that will layout all piping, valve, control equipment, backflow prevention and sprinkler heads and/or drip irrigation for irrigation of the planted areas. Details will be provided to demonstrate proper installation.
l. Planting Plans and Details
RHA will prepare planting plan that will locate and identify all items of plant material to be used .
Details will be provided to demonstrate proper installation.
m. Specifications
Our team will prepare specifications for the proposed improvements.
n. Plan Check Revisions and Coordination
Our team will make all necessary revisions to the plans based on plan check comments.
o. Opinion of Probable Construction Cost
RHA will prepare a detailed opinion of probable construction cost at the 60%, 90% and 100% submittal of the construction documents. The estimate will be a very detailed line-item document identifying all of the specific amenities proposed for construction.
p. Bidding and Construction Administration
These services will be determined after the construction document phase.
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RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
FEE SCHEDULE
DESIGN DEVELOPMENT
Project Coordination and Meetings 2,500$
Research / Site Analysis / Photography 1,200$
Topographic Survey, Utility Research & Bldg. Scan 24,250$ Geotechnical Soil Testing & Report 20,000$
Building Design Development Plans and Estimate 9,000$
Site Design Development Plans and Estimate 11,000$
Subtotal Hours 391
Subtotal Dollars 67,950$
Expenses 500$
TOTAL 68,450$
CONSTRUCTION DOCUMENTS
Project Management & Meetings 4,650$
Demolition Plans 7,400$
Precise Grading Plans & Earthwork Quantities 27,000$
Erosion Control Plan 4,000$
Hydrology / Hydraulics Report 12,000$
Storm Water Quality Management Plan 14,000$
Storm Water Pollution Prevention Plan 9,000$
Electrical Plans & Details 32,250$
Architectural Plans & Details 10,500$
Construction Plans & Details 16,250$
Irrigation Plans & Details 11,500$
Planting Plans & Details 8,600$
Cost Estimate 6,100$
Specifications 3,400$
Plan Review and Revisions 12,200$
Subtotal Hours 1,064
Subtotal Dollars 178,850$
Expenses 1,500$
TOTAL 180,350$
TOTAL HOURS 1,455
TOTAL EXPENSES 2,000$
TOTAL FEES 246,800$
TOTAL DOLLARS 248,800$
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RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. City of Chino
Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President
Date: __________________________________
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RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
ATTACHMENT - 1
NORMAL HOURLY RATES
Senior Principal $230.00 per hour
Principal Landscape Architect 200.00 per hour
Project Manager 180.00 per hour
Landscape Designer 150.00 per hour
Administrative Personnel 125.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal , at our direct cost, plus 15% of the actual cost of their services for coordination.
REIMBURSABLE ITEMS
Reimbursable items, such as the cost of blueprinting, graphic reproduction, plotting, FAX and photo copying, at our direct cost plus 15%. Auto travel will be charged at 70 cents per mile.
OVERTIME REQUESTS
It is RHA’s responsibility to schedule the project’s completion under normal conditions without the use of the staff on an overtime basis. If the Client adjusts the deadline or requests that work be completed earlier than originally scheduled and thus req uires overtime, the fees shall be adjusted to cover the increased costs incurred by RHA.
The hourly rates for overtime will be one and one-half (1-1/2) times the hourly rates above.
CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements are due upon receipt. Interest will be charged at the rate of 1 -1/2% per month on the past due balance thirty days and over. Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase of 6%.
NOTICE
Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to: The Landscape Architects Technical Committee, 400 R Street, Suite 4000, Sacramento, California 95814, (916) 445-4954.
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RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
ATTACHMENT-2
ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client. Compen sation for such services shall be in accordance with our Normal Hourly Rates and Reimbursable items, per Attachment-Additional services may include, but are not limited to:
1. Revisions or modifications to documents, drawings, or specifications when such revisions or modifications are inconsistent with approvals or instructions previously given or are required by the enactment or revision of codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings, or specifications
2. Delta revisions or modifications to documents, drawings, or specifications when the plans have previously received City approval
3. Color Renderings or illustrations not listed herein
4. Any work requested by the Owner that is not heretofore mentioned
5. Meetings or Field Services beyond allowance specified in proposal
6. Tree inventory of existing trees or services of an arborist other than the topo survey.
7. Bidding and Construction services
OWNER’S RESPONSIBILITY
1. The cost of blueprinting, graphic reproduction, plotting, and other reimbursable items per Attachment-1.
2. Agency submittals for approval
OWNERSHIP OF DOCUMENTS
Drawings and specifications shall become the property of the Client at completion of services and payment thereof. RHA, however, does not assume any professional responsibility or liability for use of the drawings or specifications at any location other than this particular site. City will hold RHA harmless for any error or omission arising out of the use of the drawings and specifications at any other location and will be responsible for defending RHA from any third-party actions because of such use.
INDEMNIFICATION
It is recognized and agreed that the design services provided for in this Agreement will not and cannot be completed until all such services, including field observation services, have been performed in full by RHA. The Client acknowledges that the inability of RHA to complete those services will significantly increase the risk of loss resulting, among other causes, from misinterpretation of the intent of the design, unauthorized modifications thereto, and failure to detect errors and omissions in the plan s and specifications before they become costly mistakes built into the project. Therefore, in the event that this agreement is prematurely terminated or that RHA is otherwise precluded from completing the services set forth herein, the Client agrees to hol d harmless, indemnify, and defend RHA from and against any and all claims.
LIMITATION OF LIABILITY
The Client agrees to limit RHA’s liability to the Client and to all construction contractors and subcontractors on the project due to RHA’s negligent acts, errors or omission, such that the total aggregate liability of RHA shall not exceed fifty thousand dollars ($50,000.00) or the amount of RHA’s contractual fee, whichever is greater.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail, should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to th e fault of others, the landscape architect shall be paid his compensation for expenses then due. If a dispute arises under this contract and litigation is instituted, the prevailing party shall be entitled to recover its reasonable attorney fees.
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01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
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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. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
DAYS TO PERFORM DEADLINE DATE
A. Task A – Design Services for
Heritage Park Improvements
___100 Days___ ___May 5, 2026___
B. Task B – Bidding Assistance ____60 Days____ _September 1, 2026_ C. Task C – Construction
Administration
Completion of Project __June 30, 2027__
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Amended and Restated Integrated Waste Management Services Franchise Agreement with USA Waste of California, Inc. (dba Waste Management).
..end
RECOMMENDATION
..recommendation
Approve the Amended and Restated Integrated Waste Management Services Franchise Agreement with USA Waste of California, Inc., and authorize the City Manager to execute all necessary documents on behalf of the City.
..bod y
FISCAL IMPACT
There is no direct fiscal impact. Sanitation rates charged to customers are sufficient to cover contract costs.
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
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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BACKGROUND
The City of Chino has contracted continuously with Waste Management (WM) for refuse collection, recycling, and disposal services since 1969. Between 1969 and 1997, the franchise agreement was amended multiple times to reflect evolving operational needs, rate adjustments, and service expansions associated with the City’s growth. Many of these early amendments predate the solid waste regulatory framework, including Assembly Bill (AB) 939 (50% diversion mandate), AB 341 (mandatory commercial recycling), AB 1826 (mandatory commercial organics recycling), and Senate Bill (SB) 1383 (statewide organic waste reduction, edible food recovery, and procurement requirements).
In 1997 –1998, as the AB 939 sunset date approached, the City conducted two public workshops with the County of San Bernardino and WM to evaluate long -term disposal capacity and regional system options. Only two viable long -term landfill facilities were available at that time, the Co unty’s Mid -Valley Landfill and WM’s El Sobrante Landfill. Following a technical evaluation of disposal costs, long -term capacity, environmental liabilities, and operational reliability, the City Council determined that El Sobrante provided the most stable and cost - effective solution. The City subsequently entered into a new 10 -year franchise with a three-year evergreen clause.
Since that time, as each term approached expiration, staff has continued to conduct study sessions, evaluate regional market condit ions, and negotiate updates to maintain regulatory alignment and ensure reliable, cost-effective service.
The current franchise agreement, approved by the City Council in May 2017 and effective January 1, 2018, established a 15 -year base term with an optional 5 -year renewal. The agreement incorporated the then -emerging SB 1383 regulatory framework, expanded programmatic requirements for State -mandated recycling and organics collection, and transitioned all street-sweeping services into the franchise structure.
The City is currently in year eight of the fifteen-year franchise term. The proposed Amended and Restated Agreement does not reopen or renegotiate the franchise term. Instead, it serves as a targeted mid-term update to address specific operationa l, financial, and regulatory needs that have emerged since 2018.
ISSUES/ANALYSIS
On October 14, 2025, staff conducted an Integrated Waste Management Services Study Session to provide an overview of the City’s Green Chino Program, review the City’s lon g- standing partnership and operational history with WM, and present the key components of the proposed Amended and Restated WM Franchise Agreement. The purpose of the Study Session was to obtain direction from the City Council and confirm staff’s recommend ation to proceed with finalizing the proposed agreement based on the operational, financial, and regulatory considerations discussed.
WM maintains a substantial operational footprint within the City of Chino, including its Redwood Avenue operations yard a nd the publicly accessible compressed natural gas (CNG) fueling station. This locally based infrastructure directly contributes to rate stability by reducing fuel 410
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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consumption, limiting vehicle wear, and minimizing routing inefficiencies, thereby supporting long-term operational sustainability and high-quality service delivery.
WM continues to demonstrate strong community partnership and service reliability. The company maintains an active presence in Chino by participating in City events, supporting public education initiatives, and assisting with Green Chino outreach and regulatory compliance programs. These efforts reinforce WM’s alignment with the City’s environmental goals and its commitment to meeting ongoing State mandates.
Operational performance un der the existing franchise has remained exemplary. WM consistently maintains an error rate of less than one percent across all service categories, an indicator of effective route management, responsive customer service, and strong adherence to contract performance standards. This level of reliability minimizes service disruptions, supports customer satisfaction, and ensures ongoing compliance with State regulatory requirements.
Under the current franchise, WM provides substantial financial value to the Cit y through a combination of incentive -based and CPI -indexed contributions that help maintain competitive customer rates and support core public services. The table below summarizes the contributions.
Incentivized
Programs
WM Contributions
(CPI increases annually) Benefits
Public Benefit Payment $562,000 / annually Contractual obligation of WM; not a rate-payer funded fee
Street Sweeping $400,000 / annually Supports State stormwater and trash regulatory compliance requirements
City Services $300,000 / annually Refuse & recycling services City facilities & events
Public Outreach $15,000 / annually Supports public education, outreach, and compliance assistance
Over the 15-year base term, these components collectively provide approximately $19.8 million in direct financial benefit to the community.
The Amended and Restated Agreement further addresses the recent court ruling in the Rogers v. City of Redlands (2025) 112 Cal. App. 5th 667 matter. There, the court ruled that local agencies ar e prohibited from imposing a “tax, permit fee or other charge for the privilege of using its streets or highways, other than a permit fee for extra legal loads.” Importantly, the current version of the WM franchise agreement does not impose any such fees on rate-payers as did Redlands, but instead included a contractual obligation of WM to pay an alley/street rehabilitation contribution. Nevertheless, the proposed agreement removes such WM contribution and, instead, clarifies that the $562,000 annual cont ribution is a public benefit payment by WM and usable by the City for unrestricted purposes.
The City’s solid waste rates remain competitive within the region. As part of this update, staff conducted a comparative analysis of residential rates across ne ighboring jurisdictions to ensure Chino’s rates align with similarly situated agencies. The continuation of key cost -containment measures within the Amended and Restated Franchise Agreement further supports long -term 411
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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rate stability and protects customers f rom cost volatility associated with fuel, disposal, and evolving State regulatory requirements. These provisions reinforce the City’s commitment to maintaining affordable, predictable rates while sustaining high -quality, compliant, and environmentally responsible service levels.
The proposed Amended and Restated Agreement focuses on a limited set of key areas, including enhanced SB 1383 organics compliance, refinements to the street -sweeping service model, and an update to the franchise fee structure. Thes e modifications are intended to maintain regulatory alignment, improve operational efficiency, and ensure the long -term sustainability of the City’s integrated waste management, recycling, and organics diversion programs. For a summary of all changes see Attachment 2.
Street-Sweeping Oversight Responsibilities. Under the proposed agreement, WM will enhance its street -sweeping oversight, supervision, and administration of all street -sweeping services provided to the City. This includes supporting compliance with the City’s Municipal Separate Storm Sewer System (MS4) Permit by ensuring that street -sweeping operations contribute to pollutant reduction, litter control, and improved stormwater quality. WM will designate a primary contract representative to serve as the City’s main point of contact and to ensure consistent adherence to all performance standards.
WM will conduct regular field inspections, monitor route performance, and review operational data, including route completion reports, service logs, and street-sweeping metrics tied to MS4 compliance such as debris accumulation, prohibited discharges, and sweep -related stormwater observations. WM will also track resident complaints, assess service needs, and recommend route or schedule adjustments to improve both operational efficiency and stormwater outcomes.
WM will maintain accessible communication channels for residents, including a dedicated phone line, email, or online portal, and will be responsible for timely complaint intake, investigation, resolution, and follow-up.
To ensure accountability, WM will track key performance indicators such as monthly complaint totals, complaint types and resolution times, inspection results, MS4 -related observations, and any operational modifications. WM will compi le this information into a monthly performance report summarizing service trends, identifying areas for improvement, and outlining corrective or preventive actions. This reporting framework supports data -driven oversight, enhances MS4 compliance, improves transparency, and ensures street-sweeping operations remain responsive to community needs and aligned with City expectations.
Enhanced Reporting Requirements . The Amended and Restated Agreement strengthens the City’s oversight and compliance framework by requiring comprehensive quarterly and annual reporting from the Contractor. These reports ensure transparency, verify regulatory compliance under AB 939, AB 341, AB 1826, and SB 1383, and support the City’s ability to monitor service performance, diversion outcomes, and customer responsiveness.
Quarterly Reports must be submitted within forty -five (45) days of each quarter’s end and include detailed tonnage information by program type, diversion performance, facility disposition data, commercial recycling and organics compliance metrics, contamination notifications, 412
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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customer complaint trends, corrective actions, and Construction & Demolition (C&D) diversion results. These reports provide the City with regular, data -driven insight into service levels, operational adjustments, and areas requiring targeted outreach or enforcement.
In addition, an Annual Report is required within forty -five (45) days of each calendar year end.
The Annual Report provides a comprehensive summary of system performance, program participation, customer counts, regulatory compliance progress, and recommended changes to maintain alignment with AB 939 and SB 1383 requirements. It also includes organizational disclosures, gross receipt documentation (upon request), and delinquency report ing for commercial accounts. Collectively, these reporting requirements support the City’s ability to effectively oversee the franchise, validate diversion progress, and maintain compliance with State mandates.
Contamination Monitoring and Enforcement . The proposed agreement strengthens SB 1383 compliance through a comprehensive contamination monitoring program. WM will use its WM Smart Truck ℠ on-board video and digital systems to conduct annual route reviews and document instances of Prohibited Container Contaminants and Excluded Waste, including time, date, location, and photos tied to the customer account. For residential customers, WM will collect contaminated containers and issue progressive education and warning notices for the first and second violat ions within a rolling 12 -month period, with the option to assess Contamination Fees beginning with the third violation. For commercial and multi -family customers, WM may assess Contamination Fees for each occurrence (with an initial grace period for new ac counts), and may increase container size, collection frequency, or require additional containers when warranted. Excluded Waste is not collected; containers are tagged in the field and customers receive written notice explaining the violation and required corrective actions. WM will provide the City with quarterly summaries of repeat contamination and Excluded Waste violations, along with supporting documentation, to support City oversight and, where appropriate, further enforcement action.
SB 1383 Compliance and Monitoring Support. The proposed agreement strengthens the City’s ability to meet ongoing State -mandated organics diversion requirements by formalizing WM’s role in supporting annual SB 1383 compliance reviews. Upon the City’s request, WM will conduct records -based (“desk”) reviews and perform limited field audits of commercial and multi-family generators to verify compliance with State source -separation and service - subscription requirements. These reviews include confirming adequate service levels, identifying potential waivers, and recommending corrective service adjustments where appropriate.
While WM will assist in reviewing customer data and performing on -site field audits, all physical inspections of premises for enforcement purposes, as well as any corrective or enforcement actions required under 14 CCR Sections 18995.1, 18995.3, and 18995.4, remain the sole responsibility of the City. This framework ensures that the City retains full regulatory authority while leveraging WM’s operational expe rtise to support monitoring, documentation, and compliance alignment with SB 1383.
Franchise Fee & Administrative Fees . The updated Agreement maintains the City’s long - standing franchise fee structure but no longer specifies a fixed percentage (e.g., 10% or 12.5%). 413
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TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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Instead, the Agreement clarifies that the applicable Franchise Fee shall be the amount lawfully established and approved by the City through a Proposition 218 -compliant process. This structure ensures flexibility for future adjustments while mai ntaining full compliance with State constitutional requirements. For Commercial and Contractor -billed accounts, WM will remit the Franchise Fee (currently 10%) to the City monthly based on Gross Receipts. For Residential and City-billed accounts, the City will retain the applicable Franchise Fee (currently 12.5%) at the time customer payments are received.
In addition to the Franchise Fee, the Agreement includes modernized Administrative Fees to reimburse the City for the actual and reasonable costs of pro viding solid waste program oversight. These include the Billing Service Fee to recover City billing and account administration costs, and the Recycling Administration Fee to support AB 939 and SB 1383 compliance activities. Each fee includes defined verifi cation and adjustment procedures to ensure cost transparency, protect ratepayers, and maintain consistency with applicable laws. All such fees may be adjusted through Proposition 218 process.
Procurement of Recovered Organic Waste Products. Pursuant to 1 4 CCR §18993.1, all jurisdictions are required to procure a State -assigned annual quantity of Recovered Organic Waste Products, including compost, mulch, renewable gas, electricity generated from biomass conversion, or other products derived from recovered organic materials. These procurement obligations are a core component of the SB 1383 Short -Lived Climate Pollutant Reduction Regulations, designed to create statewide end -use markets that divert organic waste from landfills.
At this time, the regional in frastructure necessary to support these procurement pathways does not exist. The regulations require highly prescriptive specifications, delivery standards, end -use documentation, verification, and application protocols that are operationally unrealistic f or the City to implement. There are currently no local markets, no feasible distribution or application mechanisms, and no cost -viable procurement opportunities that would enable the City to meet the State-mandated volumes through direct procurement.
To maintain compliance during this period in which the State’s infrastructure and markets are still emerging, the City is utilizing State -authorized procurement credits. These credits serve as a temporary compliance mechanism under SB 1383 and allow the City t o remain in good standing until viable procurement pathways are established.
The underlying legislation also imposes mandatory program costs, including organics collection, contamination monitoring, public education and outreach, recordkeeping, reporting, and procurement. These activities must be funded through Proposition 218 -compliant solid waste service rates. At present, the City is offsetting its organic processing and outreach costs; however, staff will reevaluate the City’s solid waste rate structur e once the necessary procurement infrastructure exists and the City is able to operationalize the procurement provision of SB 1383.
The Amended and Restated Agreement is intentionally structured to preserve the City’s flexibility in meeting SB 1383 procur ement requirements, particularly given the absence of viable regional infrastructure and end -use markets for recovered organic waste products. In 414
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: AMENDED AND RESTATED INTEGRATED WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (DBA WASTE MANAGEMENT).
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recognition of these constraints, the City and WM are evaluating the feasibility of developing a separate, cost-neutral Procurement Agreement.
This standalone agreement would only be pursued if mutually acceptable terms can be negotiated and if practical procurement pathways, such as certified compost, mulch, or renewable gas products, become available within th e region. Until such time, and in order to maintain regulatory compliance, the City continues to utilize State -authorized procurement credits as an interim compliance mechanism.
CONCLUSION
The proposed Amended and Restated Integrated Waste Management Services Agreement reflects a focused, practical update to the City’s long -standing solid waste partnership. The revisions strengthen day-to-day operational accountability, improve enforceability, and align the agreement with the State’s increasingly compl ex regulatory environment, including SB 1383, MS4 requirements, and enhanced contamination-monitoring obligations.
While the core structure of the franchise remains intact, the updated provisions modernize the agreement in the areas where service needs, c ompliance standards, and community expectations have evolved. These refinements support clearer oversight, more consistent performance reporting, and a stronger framework for maintaining reliable service and long -term rate stability in accordance with Proposition 218.
Overall, the agreement provides a technically sound and fiscally responsible foundation that positions the City of Chino to sustainably meet current and future solid waste program requirements, uphold regional rate competitiveness, and continue delivering high-quality service to the community.
Therefore, staff recommends that the City Council approve the Amended and Restated Integrated Waste Management Services Agreement with USA Waste of California, Inc.
Attachments:
Attachment 1 - Restated & Amended Integrated Waste Management Franchise Agreement Attachment 2 - Summary Table: Proposed Amended & Restated Agreement vs. Current Agreement
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TABLE OF CONTENTS
Page
1. GRANT OF EXCLUSIVE FRANCHISE ...........................................................................2
2. DEFINITIONS .....................................................................................................................2
3. ACCEPTANCE: WAIVER ..............................................................................................13
4. FRANCHISE GRANT.......................................................................................................13
5. SERVICES PROVIDED BY CONTRACTOR .................................................................16
6. TECHNOLOGICAL DEVELOPMENTS; PUBLIC EDUCATION ................................32
7. FRANCHISE TERM .........................................................................................................34
8. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED ..............................34
9. FRANCHISE FEE, ADMINISTRATIVE FEES, AND REVENUE SHARING .............35
10. IMPOSITION OF LIQUIDATED DAMAGES OR TERMINATION .............................38
11. ADMINISTRATIVE HEARING PROCEDURES ...........................................................42
12. CITY’S ADDITIONAL REMEDIES ................................................................................43
13. PRIVACY; CONFIDENTIALITY ....................................................................................44
14. REPORTS AND ADVERSE INFORMATION ................................................................45
15. REVIEW OF PERFORMANCE, QUALITY OF SERVICE, AND SYSTEM AND SERVICE REVIEW ..........................................................................................................48
16. CONTRACTOR’S COMPENSATION ............................................................................49
17. LANDFILL DISPOSAL RATES ......................................................................................52
18. COLLECTION EQUIPMENT ..........................................................................................52
19. PUBLIC ACCESS TO CONTRACTOR; CONTRACTOR’S PERSONNEL ..................53
20. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS .......................................54
21. OWNERSHIP OF WASTE ...............................................................................................55
22. INDEMNIFICATION, INSURANCE AND BONDS ......................................................55
23. CONTRACTOR’S AND CITY’S BONDS AND RECORDS; AUDITS .........................59
24. GENERAL PROVISIONS ................................................................................................59
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AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF CHINO AND
USA WASTE OF CALIFORNIA, INC.
FOR THE PROVISION OF INTEGRATED WASTE MANAGEMENT SERVICES
This AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF CHINO AND USA WASTE OF CALIFORNIA, INC. FOR THE PROVISION OF INTEGRATED WASTE MANAGEMENT SERVICES (“Agreement”) is effective as of December 16, 2025 (the “Effective Date”) (with commencement of services contemplated by this Agreement beginning on January 1, 2026, or as statutory or regulatory enforcement obligations arise under Applicable Law (the “Commencement Date”) by and between the City of Chino (“City”) and USA Waste of California Inc., a Delaware Corporation (“Contractor”) for integrated waste management services.
City and Contractor are occasionally referred to herein individually as a “party” and collectively as the “parties”.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Discarded Materials, as defined herein, handling within their jurisdictions; and WHEREAS, AB 939 requires cities and counties to reduce, reuse, and recycle (including composting) Discarded Materials generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill (AB) 341 of 2011 places requirements on businesses and multi- family property owners that generate a specified threshold amount of Discarded Materials to arrange for recycling services and requires the City to implement a mandatory commerci al recycling program; and
WHEREAS, Assembly Bill (AB) 1826 of 2014 requires businesses and multi -family property owners that generate a specified threshold amount of organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program t o divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and
WHEREAS, Senate Bill (SB) 1383, the Short - lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce organics in landfills as a source of methane. As adopt ed by CalRecycle, these SB 1383 Regulations place requirements on multiple entities including the City of Chino's residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and 417
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WHEREAS, the City Council of the City of Chino declares its intention of maintaining reasonable rates for the collection, transportation, recycling, composting, and disposal of Discarded Materials and for providing temporary bin/roll -off services to commercial an d residential premises within the City of Chino; and
WHEREAS, City awarded to Contractor an Agreement dated May 16, 2017, which became effective as of January 1, 2018 (the “Existing Agreement”), which is still in effect; and WHEREAS, SB 1383 requires the City to implement certain organic waste collection programs and other regulatory requirements; and
WHEREAS, the City has chosen to delegate some of its responsibilities for Discarded Materials as set forth in SB 1383 and Chino Municipal Code (Chapters 8.16 and 8.18) to the Contractor through this Agreement; and
WHEREAS, the parties desire to amend and restate the Existing Agreement accordingly.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
TERMS, AND CONDITIONS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. GRANT OF EXCLUSIVE FRANCHISE
The Existing Agreement granted Contractor an exclusive Franchise for the collection, handling and processing of Discarded Materials within the City of Chino. This Agreement continues and restates such exclusive Franchise as provided herein and pursuant to the City of Chino Municipal Code (Chapters 8.16 and 8.18) and California Public Resources Code Section 40059(a)(1), all of which permits Contractor’s Franchise for the collection, transportation, transfer, recycling, composting, and disposal of Solid Waste , Green Waste, Food Waste, Recyclable Materials, Organic Waste and Construction and Demolition Waste and for providing temporary Bin/Roll-Off Box services for all Commercial Premises and Residential Premises within the City of Chino. City reserves the right to amend City Ordinances in any manner necessary for the safety or welfare of the public or to protect the public interest. This Agreement shall be in force and effect beginning Effective Date within the corporate City Limits as they now or may hereafter exist, as shown in Exhibit “A.”
2. DEFINITIONS
Whenever any term used in this Agreement has been defined by the City of Chino Municipal Code (Chapters 8.16 and 8.18), California Code of Regulations, or California Public Resources Code, the definitions in the City Code, California Code of Regulations, o r Public Resources Code shall apply.
2.1 AB 939 - means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.
2.2 Affiliate (non-capitalized and all variations thereof) - means all businesses (including corporations, limited and general partnerships, and sole proprietorships) that are directly 418
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or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management and shall be deemed to be “affiliated with” Contractor and included within the term “affiliates” as used herein. An affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business that has a direct or indirect ownership interest in Contractor, and/or a business that is also owned, controlled, or managed by any business or individual that has a direct or indirect ownership interest in Contractor.
2.3 Applicable Law - means all Federal, State, county, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirements of any governmental entity (including City Ordinances) or regulatory or quasi -regulatory authority having jurisdiction over an aspect of the collection services, including judicial interpretations thereof, that are in force on the Effective Date including without limitation AB 939, AB 341, AB 1826, and SB 1383 and all implementing regulations of CalRecycle, as may be enacted, issued or amended thereafter, until termination or expiration of this Agreement.
2.4 Approved C&D Processing Facility - means the facility identified on Exhibit “D,” that is licensed for the handling, processing and Recycling or disposal (as appropriate) of Construction and Demolition Debris, and which is Contractor selected and City approved.
2.5 Approved Organic Waste Processing Facility - means the facility identified on Exhibit “D,” that is licensed for the handling, processing and Recycling or disposal (as appropriate) of Organic Waste, and which is Contractor selected and City approved.
2.6 Approved Source Separated Recyclable Materials Processing Facility - means the facility identified on Exhibit “D,” that is licensed for the handling, processing and Recycling of Source Separated Recyclables, and which is Contractor selected and City approved.
2.7 Approved Transfer Facility - means the facility identified on Exhibit “D,” which is a transfer station owned or operated by Contractor or its affiliates, and which is Contractor selected and City approved.
2.8 Bins - means those Containers provided by Contractor for Commercial Premises and Multi-Family Premises. Bins are Containers usually 2-6 cubic yards in size, which are picked up by trucks by means of front loading apparatus; Bin sizes vary depending on the manu facturer, and any reference to Bin sizes in this Agreement is an approximation subject to +/ - 10% of the stated capacity.
2.9 Biohazardous or Biomedical Wastes - means wastes, which may cause disease or reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste resulting from the operation of medical clinics, hospitals and other facilities producing wastes that may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, infectious waste, hypodermic needles, contaminated clothing and surgical gloves.
2.10 Blue Container – means that Container provided by Contractor, as described in 14 CCR Section 18982.2(a)(5), to be used for the purpose of storage and collection of Blue Container 419
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Waste. Blue Containers shall comply with the color requirements of 14 CCR Section 18984.7 upon such time as new or replaced Containers are put into service in accordance with Section 5.1.a.ii..
2.11 Blue Container Waste – means (1) Source Separated Recyclables, and (2) Source Separated Organic Waste that is not designated for placement in a Green Container (e.g., paper, untreated wood). Blue Container Waste does not include Excluded Waste.
2.12 Bulky Goods - means discarded appliances (including refrigerators), furniture, carpets, mattresses, E-Waste, bundled and tied yard waste and/or wood waste that does not qualify as Green Waste due to its size, and similar large items which can be safely handled by two (2) people or weigh no more than two hundred (200) pounds and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating v ehicle load limits. Bulky Goods must be generated by the Customer and at the service address from which the Bulky Goods are collected. Bulky Goods do not include abandoned automobiles, auto parts, trees, Construction and Demolition Debris, tires, jacuzzi tubs or spas, hot tubs, trampolines or items that cannot be handled by two persons.
Bulky Goods are considered Discarded Material for purposes of this Agreement. Bulky Goods do not include Excluded Waste.
2.13 Business Days – means any day except any Saturday, any Sunday, and any day which is a Federal legal holiday in the United States.
2.14 California Code of Regulations or CCR - means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).
2.15 CalRecycle - means California's Department of Resources Recycling and Recovery, which is the State Department designated with responsibility for developing, implementing, and enforcing SB 1383 and related Applicable Laws on jurisdictions and other regulated entities.
2.16 Cart - means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of approximately no less than 32 -gallons and no greater than 96 -gallons. Cart sizes vary depending on the manufacturer, and any refer ence to Cart sizes in this Agreement is an approximation of +/- 10% of the stated capacity.
2.17 City Limits - means the boundaries of the City of Chino together with all amendments and annexations thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the Office of the City Clerk of the City Council, as shown in Exhibit “A” hereto.
2.18 Collection Location – means the appropriate location for placement of Containers at a locale appropriate and accessible for Contractor’s collection of Discarded Materials in 420
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accordance with the City of Chino Municipal Code and as determined by Contractor. Collection Locations for Single Family Residential Units, for example, are generally Curbside.
2.19 Commercial Premises - means Customers at all premises in the City other than Residential Premises upon which a business activity is conducted including but not limited to retail sales, wholesale operations, manufacturing, assembling, storage, industrial operations, and services, including, but not limited to, professional services, hospitality services, and restaurant and food services, but excluding Single Family Dwellings upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. The term “Commercial Premises” includes, but is not limited to, stores, offices, Federal and local governmental facilities, including, but not limited to, schools, school district offices, special districts and water districts (to the extent provided by law), restaurants, manufacturing, processing, assembly shops or plants, or other industrial facilities, hospitals, clinics, community care facilities, convalescent centers and nursi ng homes, rooming houses, hotels, motels or other transient occupancy facilities.
2.20 Compost, Compost(ing) or Compostable(s) , or any variation thereof – means the product, process or materials, resulting from, or related to, the controlled biological decomposition of Organic Wastes that are Source Separated from the stream of other Discarded Materials, or which are separated at a centralized facility.
2.21 Container – means any and all types of receptacles compliant with Applicable Law for Discarded Material, including Carts, Bins, and Roll-Off Boxes.
2.22 Contamination Fee - means a special fee, as specified in Exhibit “C” hereto, charged by Contractor to Customers with either (i) Prohibited Container Contaminants to recover Contractor’s costs for separating and processing Prohibited Container Contaminants from materials collected by Contractor in accordance with this Agreement, or (ii) for arranging special, unscheduled collections, due to placement of Prohibited Container Contaminants, or (iii) resolving Customer violations relating to Excluded Waste.
2.23 “CPI” - means the Consumer Price Index CUSR0000SEHG02 CPI-U Garbage and Trash Collection, US City Average, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.
2.24 Contractor - means USA Waste of California, Inc., a Delaware Corporation, the entity granted the Franchise pursuant to this Agreement.
2.25 Construction and Demolition Debris or C&D Debris - means used or discarded construction materials removed from a premise during the construction, remodeling, grading, land clearing, renovation, demolition, or other similar construction or demolition activities, including 421
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rocks, soil, tree remains, and other Green Waste, which normally results from, and is ancillary to, land clearing or land development operations, construction or demolition.
2.26 Curbside - means a Collection Location for placement of Containers that provides for convenient and efficient access by Contractor’s collection equipment from the side of a road or sidewalk, or near to the curb.
2.27 Customer - means any person or entity receiving service from Contractor under this Agreement, or the person arranging and obligated to pay for services pursuant to this Agreement, as the case may be, for collection, handling and processing of Discarded Materials. The Customer may or may not be the Generator of Discarded Materials.
2.28 Discarded Materials - means Recyclable Materials, Organic Waste, Solid Waste, and Construction and Demolition Debris placed by a Customer or Generator in a Container and/or at a Collection Location for the purposes of collection, handling and processing by Contractor. For the purpose of this Agreement, Discarded Materials does not include Edible Food or Excluded Waste.
2.29 Disposal Facility – means El Sobrante Landfill, located 10910 Dawson Canyon Road, Temescal Valley, California 92883, or such other Landfill owned or operated by Contractor or its affiliates licensed, permitted and operational to accept and dispose of Gray Container Waste.
Currently, Gray Container Waste is deposited at the El Sobrante Landfill. The Contractor shall use its best efforts to assure that the waste continues to be deposited at a legally permitted Landfill should Riverside County change its methods of waste management or its waste stream management. The Contractor guarantees that should there be no remaining capacity at the El Sobrante Landfill at any time during the Term of this Agreement, it will take the City’s Gray Container Waste to an alternate Landfill owned or operated by Contractor at the same price that the City would have paid at El Sobrante or Contractor may request a rate adjustment for increased costs as set forth in Section 16.
2.30 Divert or Diversion - means activities which reduce or eliminate Discarded Materials from disposal in Landfills (pursuant to 14 CCR Division 7, Chapter 12, Article 2), incineration, gasification or transformation, as defined in Public Resources Code Section 40201.
Diversion includes but is not limited to Source Reduction, reuse, salvage, Recycling, and Composting.
2.31 Edible Food – means food intended for, and remains suitable for, human consumption. For the purposes of this Agreement, Edible Food is not a Discarded Material if it is recovered for redistribution to persons or organizations for human consumption, and thus not discarded for Contractor collection. Edible Food does not include food that does not meet the food safety requirements of the California Retail Food Code and nothing in this Agreement requires or authorizes the recovery of food not meeting such standards.
2.32 E-Waste - means discarded electronic devices, as that term is defined in 22 CCR Section 66273.9. Examples of E-Waste include: computer monitors, televisions, cash registers and oscilloscopes (CRT devices), computers, computer peripherals, telephones, answering ma chines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, 422
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compact disc players/recorders, calculators, and some appliances. E-Waste does not mean a major appliance, as defined in Public Resources Code Section 42166, or other devices which are: (1) comprised largely of metals; (2) qualify as “scrap metal” as defin ed in Section 66260.10; and (3) are Recycled.
2.33 Excluded Waste - means Biomedical Waste, Hazardous Waste, Hazardous Substances, Universal Waste, Special Waste, volatile, corrosive, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon disposal, be a violation of Applicable Law, including land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills, waste that in Contractor’s reasonable opinion would present a significant risk to human health or t he environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Containers after implementation of programs for the safe collection, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Contractor is not required to collect Excluded Waste.
2.34 Food Waste - means all food waste such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells and Compostable Food-Soiled Paper. Food Waste excludes fats, oils, and grease when such mate rials are Source Separated from other Food Waste. Food Waste does not include Edible Food if it is recovered for redistribution to persons or organizations for human consumption, and thus not discarded for Contractor collection.
2.35 Food-Soiled Paper - means Compostable paper material that has come in contact with food or liquid, such as, but not limited to, Compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-Soiled Paper is a subset of Food Waste. Food-Soiled Paper does not include non-Compostable paper.
2.36 Franchise - means the exclusive right and privilege granted by this Agreement to Contractor for its collection, handling and processing of Discarded Materials.
2.37 Franchise Fee - means the fee or assessment under Section 9 of this Agreement imposed by the City on Contractor because of its status as party to this Agreement, Contractor’s privilege in holding the Franchise granted hereunder, and which, inter ala, is intended to offset the City’s expense in administering this Franchise; and to compensate the City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor’s exercise of this Franchise, the expenses of adminis tering the program, reporting requirements under Applicable Law, and other related expenses.
2.38 Generator - means a Customer or any person whose act first causes Discarded Materials or Excluded Waste to become subject to regulation under this Agreement or under Federal, State, or local regulations.
2.39 Gray Container - means that Container provided by Contractor, as described in 14 CCR Section 18982(a)(28), to be used for the purpose of storage and collection of Gray Container Waste.
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2.40 Gray Container Waste - means all Solid Waste that is not otherwise designated for Source Separation into, and storage in, the Green or Blue Containers. Gray Container Waste does not include Excluded Waste.
2.41 Green Container – means that Container provided by Contractor, as described in 14 CCR Section 18982.2(a)(5), to be used for the purpose of storage and collection of Green Container Waste.
2.42 Green Container Waste – means Source Separated Organic Waste that is not designated for placement or storage in a Blue Container (i.e., Green Waste and Food Waste) or Gray Container. Green Container Waste does not include Excluded Waste.
2.43 Green Waste - means leaves, grass, clippings, brush and branches generated from landscapes or gardens at Residential, Multi-Family or Commercial Premises, and incidental pieces of untreated scrap lumber resulting from yard and landscaping installation, maintenance, o r removal that have been Source Separated, and similar materials generated at any premises that fit within a Customer’s Contractor -provided Green Waste Container. Materials not meeting these specifications are considered Bulky Goods when separat ed from other Discarded Materials and properly placed by the Customer for collection by Contractor as Bulky Goods in accordance with this Agreement. “Green Waste” includes Holiday trees but does not include materials that do not fully fit within the provid ed Green Container without overflow. Green Waste does not include Excluded Waste.
2.44 Gross Receipts - means any and all revenue actually received from all billings (whether by Contractor or City) that are directly or indirectly paid to, or recouped by, Contractor, and compensation in any form of Contractor or its subsidiaries, parent companies or other affiliates for the collection and transportation of Discarded Materials pursuant to this Agreement, in accordance with generally accepted accounting principles, including, but not limited to, monthly Customer fees for collection of Discarded Materials. Excluded from Contractor’s “Gross Receipts” are amounts received from Organic Waste disposal and processing charges, revenue from the sale of Organic Waste products or Recyclable Materials, and special fees charged by Contractor intended to reim burse Contractor from costs arising from improper actions by Customers (e.g.
Contamination Fee and Overage Fee), fees paid by Contractor to the City, and City administration and billing fees.
2.45 Hazardous Substances – means any of the following: (a) any substance defined, regulated or listed (directly or by reference) as “hazardous substances”, “hazardous materials”, “hazardous wastes”, “toxic waste”, “pollutant” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC Section 9601, et seq.; (ii) the Hazardous Materials Transportation Act, 49 USC Section 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.; (iv) the Clean Water Act, 33 USC Section 1251, et seq.; (v) California Health and Safety Code Sections 25115 -25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7401, et seq.; and (vii) California Water Code Section 13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereinafter enacted; and (c) any other hazardou s or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or 424
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regulated under any other applicable federal, State, and local environmental laws currently existing or hereinafter enacted, including without limitation, friable asbestos, polychlorinated biphenyl (“PCBs”), petroleum, natural gas and synthetic fuel products, and by-products.
2.46 Hazardous Waste - means waste defined as hazardous by Health and Safety Code Section 25117, including: (1) a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or (b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed; (2) a waste which meets any of the criteria for the identification of a hazardous waste adopted by the California Environmental Protection Agency’s Division of Toxic Substances Control pursuant to Health and Safety Code S ection 25141; (3) any chemical, pollutant, contaminant, hazardous or toxic substance, constituent or material that under Applicable Law is considered to be hazardous or toxic or is or may be required to be remediated, including, without limitation, (a) any petroleum or petroleum products and their derivatives, radioactive materials, asbestos in any form that is or could become friable, transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls and processes and certai n cooling systems that use chlorofluorocarbons, or (b) any chemicals, materials or substances which are now or hereafter become defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazard ous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” or any words of similar import pursuant to Applicable Law.
2.47 Hauler Route - means the designated itinerary or sequence of stops for each segment of the City’s collection service area, as defined in 14 CCR Section 18982(a)(31.5).
2.48 Household Hazardous Waste or HHW - means waste materials meeting the requirements of 14 CCR Section 18502(12) that are generated in small or de minimis quantities at Residential Premises.
2.49 Landfill - means a “Solid Waste Landfill” defined by Public Resources Code Section 40195.1.
2.50 Late Fee - means amounts charged by Contractor to reimburse it for administrative costs arising from Customer payment delinquency, including the cost of notices and adjustments to its accounting records, and may include a fixed fee, interest on past due amounts, non-sufficient funds fees, or re-start fees.
2.51 Mulch - means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions as specified in 14 CCR Section 18993.1(f)(4):
a. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
b. Was produced at one or more of the following types of facilities:
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i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); ii. A transfer station or processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7; or
iii. A Solid Waste Landfill.
2.52 Multi-Family Premises - means premises with residential unit complexes of four (4) units or more such as apartments, condominiums and townhouses. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Premises. References to Multi-Family unit refer to an individual residential unit of the Multi-Family Premises.
2.53 Organic Waste - means Discarded Material originating from living organisms and their metabolic waste products, including but not limited to nonhazardous or untreated wood waste, paper, organic textiles, biosolids, digestate and sludges, Food Waste, and Green Waste that are accepted for processing by the Approved Organic Waste Processing Facility utilized by Contractor under this Agreement. Organic Waste does not include Excluded Waste or manure.
For purposes of this agreement, organic textiles shall be treated as Solid Waste, and Printing and Writing Paper and Paper Products (each as defined in 14 CCR Section 18982(a)) shall be treated as Recyclables.
2.54 Overage Fee - means a special fee, as specified in Exhibit “C” hereto, charged to Residential, Multi -Family or Commercial Premises by Contractor to compensate it for its expenses in documenting and collecting overfilled Containers.
2.55 Person or person - means an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
2.56 Proposition 218 - means Articles XIIIC and XIIID of the California Constitution and any implementing legislation promulgated thereunder, as may be amended from time to time.
2.57 Premises – when not used in the context of a specific category of site (Residential, Multi-Family or Commercial), means a tract of land with or without habitable buildings or appurtenant structures and refers to any and all Residential, Multi -Family or Commercial Premises.
2.58 Processing (non-capitalized and any variation thereof) - means Contractor’s controlled separation, recovery, volume reduction, conversion, disposal or Recycling of Discarded Materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the 426
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use of conveyor belts, sorting lines, or volume reduction equipment, as defined in 14 CCR Section 17402(a)(20).
2.59 Prohibited Container Contaminants - means the following: (i) Discarded Materials placed in the Blue Container that are not designated as acceptable Blue Container Waste under this Agreement; (ii) Discarded Materials placed in the Green Container that are not designated as acceptable Green Container Waste under this Agreement; (iii) Discarded Materials placed in the Gray Container that are otherwise designated as acceptable in either the Blue Container or Green Container under this Agreement; and, (iv) Excluded Waste placed in any Container.
2.60 Recyclable Materials or Recyclables - means material that has been Source Separated from other Discarded Materials at a premises for the intended purpose of collection and processing to return it to the economy in the form of raw materials for new, reused, or reconstituted products by means of available markets and processes. As of the effective date, the list of acceptable Recyclables consists of empty aluminum cans; empty glass jars and bottles; steel and tin cans; empty aerosol containers; empty polyethy lene terephthalate plastic ("PET") with symbol #1; high density polyethylene plastic ("HDPE") with symbol #2; plastic with symbol #5; plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable by plastic type number, but excluding expanded polystyrene, plastic film and plastic bags even if containing Recyclable Materials); metal foil; dry newspaper; dry mixed paper (e.g., ledger, computer paper, junk mail, magazines, paperback books, cereal boxes, envelopes, paper shopping bags and nonmetallic wrapping paper); dry corrugated cardboard; and telephone books. City and Contractor agree to meet and confer from time to time as needed to modify the list of acceptable Recyclable Materials to address developments in processing te chnologies, emerging uses for types of materials, or changes in available markets. Recyclable Materials does not include Excluded Waste. A list of acceptable Recyclable Materials is attached hereto as Exhibit “F”.
2.61 Recycle, Recycling, Recycled or any variation thereof - means the act of having processed Recyclable Materials into a form suitable for reuse and having marketed those processed materials for a use consistent with the requirements of Applicable Law, using commercially available marke ts and processes. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article
2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.
2.62 Residential Premises - means Single Family Premises and residential complexes with less than four (4) dwelling units, including apartments and condominiums, but does not include hotels or motels. Hotels and motels shall be considered Commercial Premises under this Agreement.
2.63 Roll-Off Box or Roll-Offs - means an open top metal Container with a capacity of ten (10) to forty (40) cubic yards capable of being loaded via winch onto a roll -off vehicle equipped with rails.
2.64 Self-Hauler, or Self-Haul, or Self-Hauling - means a person who hauls Discarded Materials, recovered material, or any other material, he or she has generated to another person.
Self-Hauler also includes a person who back -hauls waste, as defined in 14 CCR Section 427
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18982(a)(66). Back -haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, as defined in 14 CCR Section 18982(a)(66)(A). A Self-Hauler must be a person within the City who is not primarily engaged in the business of collection, removal or transportation of Discarded Materials, but in the course of performing the person’s primary business function incidentally transports such Materials with equipment owned or leased by that person. Examples of Self - Haulers include, but are not limited to, gardeners, landscapers, and household cleanup service firms. A person who is engaged in the business of collection, removal or transportation of C&D material (other than as work performed ancillary to the person’s business and using that person’s own forces and equipment) is not a Self-Hauler under any circumstance.
2.65 Single Family Premises – means any single-unit Residential Premises. Residential complexes of four (4) units or more shall be deemed Multi-Family Premises.
2.66 SB 1383 or SB 1383 Regulations – mean the Short -Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020, that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
2.67 Shared Bin Service – Multi-family and Commercial Premises with units that generate small enough quantities of Discarded Materials so as to share Container(s) without overflow or spillage may be allowed to share a Bin or Roll-Off Box with other Commercial units or Multi-Family units in the same Premises complex. Such “Shared Bin Service” Customers and Premises Owner shall be jointly and severally liable for payment of the regular bill for the Premises. Any shared account shall require prior written approval by the Contractor.
2.68 Sharps Waste - means those materials described in Health and Safety Code §117755, which generally include hypodermic needles, syringes, tubing, acupuncture needles and blood vials.
2.69 Solid Waste – means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D Debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewater ed, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include Blue Contai ner Waste, Green Container Waste, E - Waste, Bulky Goods, or Excluded Waste, or any of the following wastes:
a. Hazardous waste, as defined in PRC Section 40141.
b. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
c. Medical and Biohazardous Waste regulated pursuant to the Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste Landfill, as defined 428
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in PRC Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to PRC, Division 30.
2.70 Source Separate(ion), or any variation thereof - means the process of separating Discarded Materials, including commingled Recyclables, that have been separated or kept separate in the Blue, Green or Gray Containers at the point of generation by the Customer or Generator for the purpose of additional sorting or processing of those materials by Contractor for Recycling, reuse or Composting, as defined in 14 CCR Section 17402.5(b)(4).
2.71 Special Wastes - means all the Discarded Materials specified in Exhibit “B”.
2.72 Universal Waste – means any of the following wastes that are conditionally exempt from classification as Hazardous Wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), 22 CCR Section 66261.9: (i) batteries as described in 22 CCR Section 66273.2; (i i) thermostats as described in 22 CCR Section 66273.4; (iii) lamps as described in 22 CCR Section 66273.5; and (iv) cathode ray tube materials as described in 22 CCR Section 66273.6.
3. ACCEPTANCE: WAIVER
Contractor agrees to be bound by and comply with all the applicable requirements of the Chino Municipal Code Chapters 8.16 and Chapter 8.18 and this Agreement.
4. FRANCHISE GRANT
4.1 Grant of Franchise
a. Pursuant to Chino Municipal Code Chapters 8.16 and 8.18, and California Public Resources Code Section 40059(a)(1), City hereby grants to Contractor, on the terms and conditions set forth herein, the exclusive Franchise, right and privilege to collect, remo ve, transport, Recycle, Compost and dispose of, in a lawful manner, all Discarded Material, within the City Limits during the Term of this Agreement . The Franchise granted to the Contractor extends to both existing and new Residential, Multi -Family and Commercial Premises developed in City Limits, both temporary and permanent, including Construction and Demolition Debris. b. The Franchise granted hereby is exclusive, and shall be so only if Contractor is and shall be ready, willing and able to perform its obligations under this Agreement unless Contractor’s performance is otherwise excused in accordance with this Agreement or Applicable Law, including but not limited to, collecting, transporting and disposing of all Discarded Materials generated within the City in accordance with the provisions of this Agreement and all Applicable Laws.
c. No other person or entity except the Contractor may offer or provide services described in this Agreement or other such similar collection, Recycling, transportation, Composting, and or disposal services within the City Limits. The City agrees to take such steps as it considers necessary, within legal parameters, to prohibit entities other than the Contractor from providing such services and agrees, to the extent lawfully and reasonably able, to assist Contractor in taking any steps or action to enforce its exclusive rights granted under this Agreement. 429
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4.2 Annexations. This Agreement and Contractor’s services hereunder shall extend to any territory annexed to the City during the Term that is not covered by an existing permit, license, agreement or franchise granted by another public entity for hauling Discarded Materials, except to the extent that collection by Contractor within that annexed territory would violate the provisions of Public Resources Code Section 49520 . In such event, this Agreement shall become effective as to such area at the earliest possible date permitted by law, and City agrees that it shall cooperate with Contractor to fulfill any requirement necessary for Contractor to serve the annexed area consistent with this Section. In the event that the City Limits are so increased as a result of the City annexing any territory, Contractor may request a rate adjustment in accordance with Section 16.1.a hereof.
4.3 Scope of Franchise and Exclusions
The hauling services Franchise herein granted shall be subject to the following exclusions:
a. Self-Hauling. Notwithstanding the exclusive collection rights granted to Contractor under this Agreement, Generators may, subject to the conditions set forth herein, self - haul Solid Waste, Recyclable Materials, and/or Organic Waste, provided such activities are conducted in compliance with all applicable provisions of the Chino Municipal Code, state law, including but not limited to Title 14, California Code of Regulations § 18984.9, and any other applicable federal, state, or local requirements.
b. Contractor shall, upon request, assist the City in monitoring and identifying potential unauthorized self-hauling activity and shall furnish to the City any information within its possession reasonably necessary to support the City’s enforcement of applica ble self -hauling requirements. Contractor shall further cooperate in City -directed education and outreach efforts related to self -hauling obligations, including notification to Commercial Generators and their service providers, as directed.
c. Gardner/Landscaper Green Waste. Green Waste removed from a premises by an owner or occupant or by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service. To qualify for this exemption, a gardener or landscaper must not be a hauling service or Solid Waste Enterprise, must not separately or additionally charge for the incidental service of removing, transporting or disposing (except for tipping fee) of the Green Waste, and must utilize only his or her own employees and equipment to collect, transport and dispose of said Green Waste created by such gardener or landscaper in the course of its gardening, landscaping, or tree trimming services.
d. Incidental C&D Debris Removal. A construction contractor may engage in the collection, transportation, and disposal of Construction and Demolition (C&D) Debris generated exclusively as a direct byproduct of the contractor’s construction activities, subject to the following conditions:
i. The contractor shall not operate in the capacity of a hauling service or a Solid Waste Enterprise.
ii. A separate fee shall not be charged for debris removal, except for any applicable tipping fees.
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iii. The collection, transportation, and disposal of such debris shall be conducted solely by the contractor’s employees utilizing the contractor’s own equipment. iv. This provision does not authorize third-party hauling, subcontracted waste removal, or the collection of debris not directly associated with the contractor’s scope of work.
e. Automotive Dismantling . The collection, transportation and disposal of vehicles or machine parts and waste generated by an automotive/vehicle dismantler or a vehicular salvage or disposal yard.
f. Hazardous Waste. Contractor's Franchise does not preclude the collection, processing and/or transport of Hazardous Waste and non-spadeable wastewater or sewage sludge by third -party entities duly licensed to handle such Hazardous Waste and/or non -spadeable wastewater or sewage sludge materials.
g. Redemption Centers . Notwithstanding the Contractor’s exclusive rights under this Agreement, Non -Organic Recyclable Materials that are sold or donated by the Owner or Generator shall not be considered discarded waste, provided such materials are delivered to legally mandated Recycling Facilities that comply with all applicable laws, regulations, and reporting requirements imposed by any governing authority. i. Fee Adjustment. For the purposes of this Agreement, a discount, rebate, or reduction in third -party charges for handling, transporting, processing or disposal of recyclable materials shall not constitute a sale or donation. Any such arrangement shall be deemed disposal and remain subject to the Contractor’s exclusive franchise rights. j. Emergency Collections. The emergency collection, removal, disposal or Diversion of Discarded Materials by the City through City officers or employees in the normal course of their employment.
k. City Hauls . The collection, removal, disposal or Diversion of Discarded Materials by the City through City officers or employees in the normal course of their City employment.
l. Unoccupied Units. Premises which have been unoccupied by any human habitation and upon which no refuse has been produced or accumulated for three (3) consecutive months may be exempted from this Agreement by the City until such premises become occupied.
For purposes of this Section, a unit shall be deemed "unoccupied" if the structure is both unoccupied and unused (such as, without limitation, foreclosed or abandoned structures).
Structures that are presently unoccupied by virtue of their continuing use as a vacation home o r a seasonal business shall not be considered as "unoccupied". m. Edible Food Recovery . Contractor's Franchise does not preclude the collection, transport and distribution of Edible Food by third -party persons or organizations for human consumption. Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or inter fere with the implementation, expansion, or operation of Edible Food recovery efforts in the City.
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n. Legally Required Exemptions . Other collection, removal or disposal activities required to be exempt from mandatory franchise services pursuant to law, or entities exempt from such franchise pursuant to State or Federal law, including but not limited to Non - City governmental entities located within City boundaries. o. State Owned Facilities. Services provided to State Owned Facilities in the City limits that are provided pursuant to a separate contract.
5. SERVICES PROVIDED BY CONTRACTOR
5.1 General as to All Customer Categories; Mandatory Service . Contractor shall be responsible for the collection, processing, transportation, Recycling, Composting and marketing services, as appropriate, of Discarded Materials generated within the City Limits in accordance with the terms of this Agreement, SB 1383 Regulations, and Chapters 8.16 and 8.18 of the City of Chino Municipal Code, all as in accordance with Applicable Law. The work to be performed pursuant to this Agreement shall include the furnishing of all labor, materials and equipment necessary for, and the collection of all Discarded Materials from, Residential, Multi -Family and Commercial Premises within the City Limits according to the terms of this Agreement, and the disposal, Recycling, Composting and/or Diversion of such materials. Contractor shall own or lease and maintain at its expense all equipment necessary to perform its duties as provided for under this Agreement, including sufficient radio equipment for office to field equipment communication.
Pursuant to Chapters 8.16 and 8.18 of the Chino Municipal Code, and except as provided below, all owners, occupants, Customers, Generators or other persons responsible for the day -to- day operation of any Residential Premises, Multi -Family or Commercial Pre mises within City Limits shall make arrangements to obtain and pay for collection service provided by Contractor under this Agreement. The City shall require all such owners, occupants, Customers, Generators or other persons to subscribe to the collection service provided for in this Agreement and Chino Municipal Code.
a. Three-Stream System; Containers.
i. Blue, Gray, Green Container Sets . Starting as of the Commencement Date, Contractor shall provide a three -Container collection program for Discarded Materials generated in City Limits. The three -Container system shall include Contractor’s provision of three Container types to every Reside ntial, Multi -Family and Commercial Premises Customer:
(1) At least one Blue Container for the storage and collection of Blue Container Waste;
(2) At least one Gray Container for the storage and collection of Gray Container Waste; and
(3) At least one Green Container for the storage and collection of Green Container Waste.
ii. Color and Labelling; New/Replacement Containers to be SB 1383 Compliant. After the Commencement Date, when Contractor puts a new Container in service or 432
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replaces a Container in accordance with this Agreement, such new or replaced Container shall comply with 14 CCR Section 18984.7 and 14 CCR Section 18984.8. Notwithstanding anything to the contrary in this Agreement, Recyclable Containers may not conform wi th the color requirements of 14 CCR Section 18984.7 until they are replaced by Contractor. (1) For new or replacement Containers, Contractor shall imprint new Container bodies or lids with text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that Container. Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container. Prior to ordering any Containers or lids with in -mold labels, Contractor shall submit a sample of its proposed label, proposed location(s) for placement of labels on each type of Container, and i ts labeling plan to the City Manager or designee for approval.
(2) All Containers provided by Contractor shall be kept in a reasonable condition and appearance. Contractor shall maintain ownership of all Containers provided to Customers at all times.
iii. No Overflow / Overfilling . Overflow or overfilling of Containers occurs where Discarded Materials contained therein spill -over or extend beyond the top or sides of the Container, or the containerized Discarded Materials fall from the Container to the ground (either during Containe r storage or collection) due to the size and/or number of Discarded Materials contained, or the lid of any lidded Container is unable to fully close due to the size and/or number of Discarded Materials contained therein. Where Cont ractor identifies instances of overfilling of Containers at any Premises, it will document the overfilling through the use of film or digital photography. Contractor will tag overfilled/overflowing Containers (with tags that include the date, time, and description of Container overflow) or deliver to the Customer a written notice via regular mail at the Customer’s service address (or owner’s address if owner is the direct customer). In addition, as soon as reasonably possible thereafter, Contractor may noti fy the Customer by electronic means, which may be via text message or e-mail. Contractor’s notice shall provide documentation of the overfilling to both the City and the Customer. Where such documentation was presented to the Customer and Contractor docum ents another instance of overfilling within a rolling twelve (12) month period of a prior overfill violation, Contractor is authorized to charge an Overage Fee in the amount set forth in Exhibit “C” hereto. Container sizes, frequency of collection, or levels of service to the offending Customer may otherwise be modified to accommodate Discarded Materials overages generated at a Premises as described further in this Section 5. Contractor will maintain and provide the City a log listing all Customers where overfilled Discarded Material was observed and actions taken in response by Contractor, upon request by City. In addition, Contractor will provide the City Manager or his/her designee with written notification prior to delivering the next larger -sized Container, adjusting service levels or adjusting the service rate(s) to a Premises in accordance with this Section. b. Source Separation into Appropriate Containers . Contractor shall monitor disposal of Discarded Materials and exercise diligent efforts, including public educational outreach, to facilitate and maximize the Source Separation of Discarded Materials as follows:
i. Gray Containers shall be used for the disposal and collection of Gray Container Waste;
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ii. Green Containers shall be used for the disposal and collection of Green Container Waste; and
iii. Blue Containers shall be used for the disposal and collection of Blue Container Waste.
c. Disposal Destinations for Discarded Materials.
i. Contractor shall transport the Gray Container Waste to the approved Disposal Facility;
ii. Contractor shall transport the Blue Container Waste to (i) the Approved Source -Separated Recyclable Materials Processing Facility, or (ii) an Approved Transfer Station for transfer and transport to the Approved Source-Separated Recyclable Materials Processing Facility; and
iii. Contractor shall transport the Green Container Waste to (i) the Approved Organic Waste Processing Facility, or (ii) an Approved Transfer Station for transfer and transport to an Approved Organic Waste Processing Facility; and iv. Contractor shall transport Construction and Demolition Debris to (i) an Approved C&D Processing Facility, or (ii) an Approved Transfer Station for transfer and transport to an Approved C&D Processing Facility.
These facilities shall be permitted to accept Solid Waste, Recyclable Materials, and Organic Waste, as applicable, collected by Contractor under this Agreement and shall comply with Applicable Law. Contractor shall pay all costs for the transport, transfer , Processing, and/or Disposal of Discarded Materials collected in accordance with this Agreement. Contractor’s compensation for such services is included in the Rates charged to Customers. As applicable, facility(ies) owned or operated by Contractor shall meet thresholds on incompatible materials (as defined by 14 CCR Section 17402(a)(7.5).) and pursuant to 14 CCR Section 17409.5.8. d. Repair, Replacement of Damaged or Stolen Containers . The Contractor shall, once per calendar year at no charge, repair or replace any provided Container which becomes unusable by reason of ordinary wear and tear, theft, or damage through no fault of the Customer or owner of the premises. Thereafter in each c alendar year, Contractor shall charge the actual replacement or repair cost to each Customer for replacement or repair of Containers that are stolen or damaged for any other reason. Customers requesting to have a Container exchanged more than one (1) time per year will be charged the rate therefor set forth on Exhibit “C”. e. Waivers for Commercial and Multi-Family Premises.
i. Commercial and Multi -Family Premises may be exempted from their obligation to comply with some or all of the three -stream service requirements set forth in this Agreement, SB 1383 Regulations, and/or Chino Municipal Code Chapter 8.18, if: (i) the Multi-Family or Commercial Premises (through their owner) provide documentation, or the City has documentation from its staff, the Contractor, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for Blue Containers and/or Green Containers, or (ii) that such Commercial or Multi-Family Premises are otherwise entitled to a waiver pursuant 434
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to SB 1383 Regulations and/or Chino Municipal Code Chapter 8.18. Commercial/Multi -Family waivers are only effective upon application therefor by the Commercial/Multi -Family Premises’ owner and written approval thereof by City.
ii. Contractor shall use reasonable efforts to assist City to verify that Commercial and Multi-Family Customers’ de minimis, physical space constraint, and/or collection frequency waivers meet the applicable thresholds under 14 CCR Section 18984.11 by reviewin g records Contractor is required to keep and maintain under this Agreement. Contractor shall use reasonable efforts to re-verify de minimis and physical space constraint waivers issued by City at least once every five (5) years from the date of issuance of the waiver. When City grants a waiver to a Customer, City shall notify Contractor of any such waiver granted by the City within seven (7) Business Days.
f. Mechanized Collection; Safe Return to Collection Location . Contractor shall provide all Container collection services using a completely 100% mechanized vehicle pick- up system for Discarded Materials. Mechanized shall mean that Contractor shall provide collector trucks that are capable of picking up Containers, em ptying them into collector trucks and then returning them to the Collection Location.
Where the Collection Location is within an enclosure constructed pursuant to the requirements of the City, the Contractor shall be responsible for the removal and replacement of all Containers placed therein. The Contractor shall use sufficient care in the handling of such Containers so as to prevent any damage to the enclosure and/or the enclosure doors; and, in the case of either enclosure or Curbside collections shall use sufficient care in the handling of Containers so as to prevent any damage to adjace nt facilities or improvements. The Contractor shall repair at its own expense and within thirty (30) working days after notification from the City any such enclosure or adjacent facilities or improvements damaged by it. g. Customer Rates. Customers shall be charged by Contractor for its services hereunder at rates set forth in Exhibit “C” hereto.
h. Construction and Demolition Debris . All Customer types may receive service for the collection of C&D Debris through the Contractor’s temporary rental of Bins or Roll-Offs at the duration, capacity and service levels necessitated by the C&D Debris to be generated at the Premises. Such Bin or Roll-Off rentals for C&D Debris shall be at the rates set forth in Exhibit “C”. C&D Debris Service must be provided within seven (7) workdays of receipt of the request. Contractor shall use commercially reasonable effort s to place temporary rental of Bins or Roll-Offs with as little disturbance as possible and without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Contractor will use commercially reasonable efforts to place Roll-Offs in compliance with City’s right-of-way requirements and Municipal Code.
5.2 Service to Residential Premises . Contractor’s Residential Premises service shall include:
a. Weekly Service. Once each week, upon a regular Business Day schedule as determined by Contractor and noticed to Customers, Contractor shall collect Discarded Materials (except Bulky Goods, C&D Debris and HHW) that have been placed for collection at Residential Premises i n the proper Collection Location. For an additional fee (set forth in Exhibit “C”), 435
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Contractor may negotiate and bill Customers for special pick-up procedures above and beyond the normal services described herein (e.g., valet or scout services) upon Customer request therefor, or for Containers that are obstructed in a manner that prevents mechanized collection by Contractor, or for Containers otherwise not placed in a proper Collection Location. b. Residential Customers; Container Type and Placement for Collection .
Basic service for Residential Premises shall consist of three Carts (Blue, Gray and Green) to be placed for collection prior to Contractor’s normal weekly collection time, as such time is determined by Contractor, approved by City (which approval shall not be unreasonably withheld, conditioned or delayed), and noticed to the City and Customers at least 30 days in advance. Unless subject to special valet or scout services, Residential Discarded Materials must be placed within Containers at Curbside, or in the Collection Location without obstructions, so as to permit reasonably convenient collection by Contractor. City agrees to use its best efforts to enforce parking and other ordinances so as to facilitate Contractor’s collection efforts. c. Residential Container Capacity.
i. If basic service Residential Containers prove to be of insufficient size for a Customer, so as to cause the overfilling of, or overflow from, such Containers, then Contractor shall provide additional Containers or larger Containers to prevent such overflow at the premises in accordance with Section 5 .1.a.iii. Contractor may charge an additional cost to the Customer, plus any additional fees for exchanging or replacing Containers, as set forth in Exhibit “C”.
ii. Customers may also request additional Containers, in which case Contractor shall charge the appropriate monthly fee, plus any additional fees for exchanging or replacing Containers in accordance with Section 5.2.c, as set forth in Exhibit “C”. iii. Contractor shall provide a smaller sized Containers, upon request by the Customer, where on-site space is limited, for disabled and elderly customers (65 years of age or older), and for low -volume Customers/Generators. For Residential Premises that are low - volume Generators using no more than 64 -gallon Carts for each Discarded Materials service, Contractor shall provide such services at the reduced rate set forth in Exhibit “C”. d. Backyard Physically Disabled Pick -Up. Contractor shall provide special backyard collection services to Customers in Residential Premises at the rate(s) set forth in Exhibit “C” subject to the restrictions and conditions in this Subsection. Customers must submit a request to the City to be eli gible for such special backyard collection services and the City shall confirm that the Customer is eligible for such program. To be eligible, the Customer must be physically unable to move collection Containers, such as a handicap or inability verified th rough a signed sworn statement, including that there is no other able -bodied person in the household to perform Container roll-out. City shall regularly provide a list of Customers eligible for disabled pick-up to Contractor. This service is distinct from optional valet or scout services that are provided to Customers upon request for non-disability related reasons.
5.3 Multi-Family Premises. Contractor shall provide Bin or Cart service in accordance with this Section for all Discarded Materials generated at all Multi -Family Premises at the same rates as set for Commercial Premises in Exhibit “C”. Default service for Multi -Family Premises shall consist of a three -stream (Blue, Gray and Green) set of Bins to be placed in the Collection 436
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Location prior to Contractor’s normal weekly collection time, as such time is determined by Contractor, approved by City (which approval shall not be unreasonably withheld, conditioned or delayed), and noticed to the City and Customers at least 30 days in advance. Based on Customer request or Container capacity requirements, Multi-Family Premises may also utilize the alternative Cart service described below. Contractor’s Multi -Family Premises service for the three -steam (Blue, Gray and Green) Containers shall include:
a. Multi-Family Premises Weekly Service . Once each week, upon a regular Business Day schedule, and more frequently if required to handle the Discarded Materials generated at the Multi -Family Premises without overflow or overfilling, Contractor shall collect the Discarded Materials (except Bulky Goods, C&D Debris or HHW) from the approved Collection Location. The regular Business Day schedule shall be determined by Contractor and approved by City (which approval shall not be unreasonably withheld, conditioned or delayed), and noticed to the City and Customers at least 30 days in advance, For an additional fee (set forth in Exhibit “C”), Contractor may negotiate and bill Multi -Family Customers for special pick -up procedures above and beyond the normal services described herein (e.g., valet or scout services) upon Customer request therefor, or for Containers that are obstructed in a manner that prevents mechanized collection by Contractor, or for Containers otherwise not placed in a proper Collection Location.
b. Container Access; Placement. Unless subject to special valet or scout services, Multi -Family Containers shall be placed for collection in an unobstructed Collection Location acceptable to Contractor and City, which Location may be Curbside (in the case of Carts), in an alley, Container enclosure, or such other convenient Collection Location deemed appropriate, accessible, and non-disruptive to vehicular or pedestrian traffic. c. Cart Alternative for Multi -Family Premises. Where space prohibits safe collection of Multi -Family Bins as determined by Contractor, Multi -Family Premises may subscribe to once per week collection with 3-Carts (in Blue, Gray and Green) for the same rate as charged to Single-Family Premises in accordance with Exhibit “C”. City shall bill any such Multi- Family Premises receiving alternative 3-Cart service.
d. Multi-Family Container Capacity.
i. If the basic service for Multi-Family Customers described in Section
5.3.a. proves to be of insufficient size for a Multi -Family Premises, so as to cause the overfilling of, or overflow from, such Containers, then Contractor shall provide additional Containers or larger Containers to prevent such overflow at the premises. Contrac tor may charge an additional cost to the Customer, plus any additional fees for exchanging or replacing Containers, as set forth in Exhibit “C”.
ii. Multi-Family Customers may also request additional Containers, in which case Contractor shall charge the appropriate monthly fee, plus any additional fees for exchanging or replacing Containers, as set forth in Exhibit “C”.
5.4 Commercial Premises. Contractor shall provide Bin, Roll -Off or Cart service in accordance with this Section for all Discarded Materials generated at Commercial Premises (except Bulky Goods, C&D Debris or HHW) at the rates for Commercial Premises set forth in Exhibit “C”. Contr actor’s collection from Commercial Premises shall be made at least once per week on a regular Business Day schedule as such schedule is determined by Contractor, approved 437
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by City (which approval shall not be unreasonably withheld, conditioned or delayed), and noticed to the City and Customers at least 30 days in advance. Commercial Premises service for the three- stream (Blue, Gray and Green) set of Containers shall include:
a. Commercial Weekly Bin Service . Not less often than once per week, and more frequently if required to handle the waste stream of the Commercial Premises without overflow or overfilling, Contractor shall collect the Discarded Materials that have been placed for collection in the proper C ontainers. Contractor’s basic level service for Commercial Customers shall be the provision of a three -stream (Blue, Gray and Green) set of Bins at the Commercial service rates in Exhibit “C”.
b. Roll-Off Alternative for Commercial Premises. Commercial Premises may also be serviced through Roll -Off Boxes, on either a temporary or permanent basis. Contractor may charge the service fee for collecting / servicing Roll -Off Boxes at Commercial Premises at the rates set forth in Exhibit “C”. Contractor may charge a delivery fee for Roll-Off Box delivery at the rates set forth in Exhibit “C”.
c. Cart Alternative for Commercial Premises. In special cases where there is not appropriate space on the Commercial Premises for the placement of a Bin or Roll -Off Box, Contractor may allow “Commercial Cart Service” to satisfy the need or the requirement of three - stream (Blue, Gray and Green) Disca rded Material removal service from such Commercial Premises. The Commercial Cart Services contemplated under this Section shall be collected by Contractor at least one time per week, and more frequently if required to handle the waste stream of the Commerc ial Premises without overflow or overfilling, at the rate(s) set forth in in the attached Exhibit “C”.
d. Container Access. Unless subject to special valet or scout services, Commercial Premises Containers shall be placed for collection in an unobstructed Collection Location acceptable to Contractor and City, which Location may be Curbside (in the case of Carts), in an alley, Container enclosure, or such other convenient Collection Location deemed appropriate, accessible, and non-disruptive to vehicular or pedestrian traffic.
Contractor may negotiate and bill Commercial Premises Customers for special pick -up procedures above and beyond the normal services described herein (e.g., valet or scout services) upon Customer request therefor, or for Containers that are obstructed in a manner that prevents mechanized collection by Contractor, or for Containers otherwise not placed in a proper Collection Location.
e. Commercial Container Capacity. If provided Commercial Containers prove to be of insufficient size for a Commercial Premises, so as to cause the overfilling of, or overflow from, such Containers, then Contractor shall provide additional Containers or larger Containers to prevent such overflow at the premises. Contractor may charge an additional cost to the Customer, plus any additional fees for exchanging or replacing Containers, as set forth in Exhibit “C”.
Commercial Customers may also request additional Containers, in which case Contra ctor shall charge the appropriate monthly fee, plus any additional fees for exchanging or replacing Containers, as set forth in Exhibit “C”.
5.5 Additional, Non-Regular Services.
a. Special Roll-Off Box Services.
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i. Commercial Premises may be temporarily or permanently served by Roll-Off Boxes as described in Section 5.4.b. above.
ii. Multi-Family Premises may subscribe to temporary or permanent Roll-Off Box service, subject to having accessible space for storage and collection, at the rates set forth in Exhibit “C”. Storage space and collection accessibility of Roll-Off Boxes at Multi-Family Premises are subject to the same standards as for Multi -Family Containers generally, as stated in Section 5.3.a. above.
iii. Residential Premises may order use of Roll -Off Boxes only on a temporary basis not-to-exceed seven (7) days at the rates therefor in Exhibit “C,” unless a longer period for such rental is approved by the City in writing. b. Rental Bin Services . Contractor may provide Bins for use by Residential Premises Customers for the purpose of temporary cleanups for Discarded Materials. This service shall be provided at an additional cost to the Customer requesting such services and at the rate(s) set forth in Exhibit “C”. Items deemed not acceptable for this collection include, but are not limited to, any dead animals, dirt, earth, and Excluded Waste. In the event that the Discarded Materials placed in Containers by Customer do not fit into the applicable Container(s), with lid closed and no overflow of materials, or exceed the dimensions or weight -limit of the Container, Contractor may charge the Customer an overage fee, as applicable and in accordance with Exhibit “C.” c. Bulky Goods/E-Waste Pick-Up.
i. General. Contractor will make a good faith effort to Divert Bulky Goods collected in accordance with this Agreement away from a Landfill to another facility where it can be either Recycled or refurbished for reuse. Collection of C&D Debris is not included in this service.
ii. Residential Premises. Contractor shall provide three (3) Curbside Bulky Goods/E-Waste pick-ups of no more than six (6) total Bulky Goods and/or E -Waste items per pick -up for each Residential Premise per calendar year at no additional expense to the Customer or to the City. Bu lky Goods/E -Waste collection shall take place on the Customer’s regularly scheduled day by appointment made with a minimum two (2) Business Days’ prior notice to Contractor. In the event that such notice is not provided by the Customer two (2) Business Days in advance of the Customer’s next regularly scheduled collection day, the Bulky Goods/E -Waste collection shall occur on the following regularly scheduled collection day or such other time as Contractor and the Customer may agree.
(1) Residential Premises that desire additional Bulky Goods/ collection beyond the free service may request a Bin for temporary collection or , for additional Bulky Goods/E-Waste, request additional Curbside pick-ups by Contractor at the rate(s) set forth in Exhibit “C”. Such additional pick -ups shall also require a minimum two (2) Business Days’ prior notice to Contractor and shall occur on the following regularly scheduled collection day with proper notice or such other time as Contractor and the Customer may agree. 439
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(2) Multi-Family and Commercial Premises . Multi -Family Premises and Commercial Premises may request Bulky Goods/E-Waste collection services at the rate(s) set forth in Exhibit “C”.
d. Holiday Tree Pick -up. Contractor shall collect from Residential Premises all Holiday trees, for the period beginning on December 26 of each calendar year and ending fourteen (14) days thereafter. Trees taller than four feet (4’) in length shall be cut in half by Customer. The trees shall be Diverted, either by deposit at a Composting facility, a tree farm or nursery, or a grinding operation where feasible; Contractor shall collect Holiday trees with tinsel, flocking or ornaments from the Collection Location and dispose such tre es as appropriate. Multi- Family and Commercial Premises may have Holiday Trees Collected as Bulky Waste. e. Battery Recycling Program. Contractor shall provide City facilities with “Battery Tracker” receptacles (i.e., receptacles designed for the collection and holding of batteries), located at various facilities in the City of Chino at locations designated by City, to collect used batteries, which will be managed by the Contractor. Contractor shall provide such “Battery Tracker” receptacles at no cost to City.
f. Sharps Collection. Contractor will implement a program for collection and safe processing of Sharps Waste generated by Residential Premises through a community or mail- based program. Contractor will develop and distribute public education materials to promote this program. For each calendar year, the first mail back Container shall be provided by Contractor to the Customer at no cost to Customer. Additional containers in the same calendar year will be available for a fee in an amount established from time-to-time by Contractor. The initial fee amount as of the Commencement Date shall be Five Dollars ($5.00) per Sharps Waste Container, which shall increase annually in the same manner as the rates are adjusted in accordance with Section
16.3. Contractor shall track Sharps Waste program participation and report such participation to the City in Contractor’s quarterly report.
g. Illegal Roadside Bulky Goods Removal . Contractor shall collect all abandoned Bulky Goods located on City-owned property within twenty (20) feet of the paved City rights-of-way in the City Limits within two (2) Business Days of notification by the City. The City may also collect such items from the right -of-way or on City -owned property that pose a hazard and deposit them in two (2) Roll -Off Boxes provided by the Contractor at the City service yard.
Contractor shall collect such Bulky Goods within two (2) Business Days following notification by the City. City agrees to work with the Contractor to identify chronic illegal dumping sites to mitigate and eliminate waste dumped at these sites.
h. Residential Composting Bin . Contractor shall provide one home Composting workshop at a location within the City determined by mutual agreement of Contractor and the City each calendar year, at no additional cost to the City. Residential Premises Customers that successfully complete the workshop are eligible to receive a free Composting bin for Residential use upon request. Contractor is not obligated to provide more than one hundred (100) free home Composting bin to Residential Premises Customers per calendar year. Contractor may provide additional home Composting bin to Customers upon request for a fee. i. Lamp Tracker Program for City Fluorescent Bulbs . Contractor shall provide the City a Commercial fluorescent Lamp Tracker recycling program at City -owned facilities. Such program shall include a mail-back program for Commercial fluorescents including, 440
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but not limited to, 4, 6, and 8 -foot tubes. Annual program costs to Contractor shall not to exceed Four Thousand Dollars ($4,000.00). Once the annual program cost is fully expended, Contractor may continue to provide these services at City’s sole expense. j. Graffiti Removal . Contractor shall remove graffiti from all Containers within two (2) Business Days of observation by Contractor’s employees or notification by City or a Customer.
k. Used Motor Oil . The Contractor shall pick -up used motor oil from Residential Premises, upon request, in quantities not to exceed two (2) gallons per Residential Premises per week. The Contractor may refuse to accept any oil which has not been placed in a used-oil disposa l receptacle mutually agreed upon by the Customer and the Contractor. The Contractor agrees to have any oil collected under this Section disposed of/Recycled in accordance with all pertinent Federal, State, and local laws and regulations. l. Collection at City Facilities Contractor, at City’s sole option, shall provide three-stream (blue, gray, green) Discarded Materials collection and Recycling to the following locations within the City, at no charge to the City, as listed below:
• City Fire Stations;
• Police Department;
• City Hall;
• Bus Stops;
• Public Works Service Yard and City Parks;
• Up to six (6) 40 cubic yard Roll -Off Boxes annually, at locations mutually agreed by Contractor and the City, as directed by the City Manager;
• Other City public facilities as agreed upon in writing by Contractor and City Manager; and
• Carboard receptacles for City events as-needed.
City Facilities that are under construction, while under construction, are not eligible for free service. Alterations to services or service levels at City facilities that impact the Service Rates (Exhibit C) shall be subject to the provisions of Section 16 for Rate adjustments. m. Special Event Collection . Contractor shall make available three -stream (Blue, Gray, Green) Containers and disposal services for the following agreed upon City-directed events listed below at no cost to the City. City Events will be provided Containers for Discarded Materials at th e appropriate service levels for each venue or event, as mutually agreed by the parties. The City-directed events receiving service as of the Effective Date are:
• Earth Day Event (two days);
• 4th of July Festival (two days);
• Corn Feed Run;
• Halloween Spectacular; and
• Holiday Parade and Festival.
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Should any of the events listed in this Section be discontinued by the City, Contractor shall provide services for an additional event that shall be of equal size and scope to the discontinued event.
n. Community Clean -up Events . Contractor shall provide Containers as set forth herein for Solid Waste, Green Waste, E -Waste, and certain Recyclables as determined by Contractor for City organized community clean -up efforts at no charge, for up to two (2) events per year and ten (10) forty-yard loads per event. City and Contractor shall coordinate on the timing and place of such events. Contractor shall deliver Containers to agreed-upon collection points and shall cooperate with the City and designated community leaders to remove containers and dispose of collected material. City shall provide staff for these events to direct, manage and oversee the special cleanup events. Once the date of the clean-up is determined, the City and Contractor shall notify residents of the date and location of the cleanup event. o. Street Sweeping Contact Designation. Contractor shall require that the third-party contract service provider designate a dedicated individual responsible solely for street sweeping route management and responding to field complaints. This individual, employed or assigned through the third -party service provider, shal l serve as the primary point of contact for the City regarding street sweeping operations, ensuring timely responses to service issues, route adjustments, and community concerns. The Contractor shall provide the City with the name, contact information, and availability of this designated individual and require that the third-party service provider maintain adequate staffing and resources are in place to support street sweeping operations effectively. Special Waste Services. Contractor may also charge fees for performance of special waste services (e.g., the hauling and disposal of Special Wastes) as agreed upon in separate contracts between Contractor and each Customer requesting such special service. Special handling and special equipment shall also be subject to additional fees. Contractor shall provide a schedule of all such fees and payments to the City Manager. Special Wastes are listed in Exhibit “B”.
p. Disposal at Approved Landfill . Contractor guarantees that all Solid Waste collected pursuant to this Agreement will be deposited at an approved Disposal Facility for the full term of this Agreement. The Contractor shall use its best efforts to ensure that waste continues to be deposited at a cost -effective landfill should the designated disposal site or waste management methods change. The Contractor guarantees that should there be no remaining capacity at El Sobrante Landfill at any time during the Term of this Agreement, it will take the City’s Gray Container Waste to an alternate Landfill owned or operated by Contractor at the same price that the City would have paid at El Sobrante or Contractor may request a rate adjustment for increased costs as set for th in Section 16 . The Contractor shall notify the City of the approved landfill in advance of any changes.
5.6 SRRE and HHWE City Requested additional Services. Contractor shall respond to City’s requests to implement program or service alternatives identified in the City’s Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE) to increase the amount of Diversion. In the event the City makes such a request, Contractor shall be entitled to an adjustment to the rates set forth in Exhibit “C” in accordance with, and subject to, Section 6.1.b. and Section 16. For any additional programs or services implemented as a result of such request, Contractor shall provide City with written reports in a form adequate to meet City’s 442
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reporting requirements to CalRecycle upon implementation of such additional programs or services.
5.7 Minimized Missed Pick-Up Standards. It is the intent of this Agreement to ensure that the Contractor provides a high-quality level of Discarded Materials service for Customers with minimal missed pick -ups (“MPUs”). All complaints received by the City and reported to the Contractor shall be promptly resolved by Contractor. Repetitive violations of these standards shall be considered unsatisfactory performance under terms of the Agreement and shall subject Contractor to provisions of Sections 10 and 11. The minimum service standards for the Contractor are as follows:
a. Residential Premises Service:
i. No more than one (1) MPU of Containers properly set out for collection by Customer per 1,000 Customers served over the course of one (1) calendar year; ii. 95% of all MPUs will be remedied within one (1) Business Day of call received from the applicable Customer or City;
iii. All Customers with a MPU will be contacted by Contractor the following day to ensure Customer is satisfied and has no other issues; iv. Non-emergency Container exchanges (i.e., for old or dirty bins) completed on next regularly scheduled collection day following notification, subject to the terms of this Agreement for Container exchanges and the rates therefor in Exhibit “C”; and v. Emergency Container exchanges (i.e., for broken wheels or cracked Containers) by Contractor to be completed within one (1) Business Day of call received from the applicable Customer, subject to the provisions of Section 5(A)(4). b. Commercial Premises and Multi-Family Premises Service:
i. No more than one (1) MPU per 1,000 customers served over the course of one (1) calendar year;
ii. 95% of all MPUs will be remedied within one (1) Business Day of call received from the applicable Customer or City;
iii. All Customers with a MPU will be contacted by Contractor the following day to ensure Customer is satisfied and has no other issues; iv. Obstructed Container(s) – if a Container is inaccessible, Contractor will contact the Customer to make subsequent arrangements for collection; v. Non-Emergency Container exchanges (i.e., for old or dirty bins) completed within five (5) Business Days following notification, subject to the terms of this Agreement for Container exchanges and the rates therefor in Exhibit “C”; 443
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vi. Emergency Container exchanges (i.e., for broken wheels or cracked bins) completed within one (1) to two (2) Business Day(s) of call received, subject to the provisions of Section 5.1.d.;
vii. Extra pick -up (as opposed to MPUs) for Commercial and Multi - Family Customers to be completed within one (1) Business Day of call received from the applicable Customer, subject to the terms of this Agreement for extra collections and the rates therefor in Exhibit “C”.
5.8 Contamination Monitoring.
a. Generally. Contractor shall implement a contamination monitoring program to minimize Prohibited Container Contaminants and prohibit Excluded Waste as described in this Section 5. Upon finding Prohibited Container Contaminants or Excluded Waste in a Container, Contractor shall follow the contamination noticing procedures and contaminated Container handling protocols set forth in Sections 5.8.b.-c. below. i. Route Reviews. Contractor shall annually conduct route reviews of its hauler routes to comply with contamination monitoring requirements under this Agreement and all Applicable Laws using its WM Smart Truck℠ systems. The Contractor’s hauler route personnel shall observe, via the WM Smart Truck℠ s ystem, the contents of surveyed Containers as the Container materials are emptied into the Contractor vehicle. Contractor shall conduct a sufficient number of route reviews to adequately determine Customers’ overall compliance wi th 14 CCR Section 18984.5(b). The City has approved Contractor’s use of its Smart Truck℠ system, including contamination monitoring via digital/video monitoring and the use of the internet to conduct such route reviews. Contractor is not required to inspe ct every Container on any one route, but rather may select planned areas of survey, to be prepared by Contractor and provided in advance by writing to City, for Container inspection on an area-by-area basis as needed to comply with the standards for contamination monitoring set by 14 CCR Section 18984.5(b). ii. Records of Contamination . When Contractor identifies Prohibited Container Contaminants or Excluded Waste in a Container, Contractor shall record each such event of identification in a written log or in the on -board computer system including date, time, Customer’s address, type of Container; and maintain photographic documentation if available.
Contractor shall make this documentation part of the Customer’s account record and provide such documentation to the City following its discovery of Prohibited Container Contaminants or Excluded Waste in a Container.
b. Prohibited Container Contaminants.
i. Residential Premises. Except with respect to observable Excluded Waste (detailed in Section 5.8.c. below), upon finding Prohibited Container Contaminants in a Container at a Residential Premises, Contractor shall follow the following contamination noticing procedures:
(1) First and Second Occurrence. For the first and second occurrence within any rolling twelve (12) month period of Container Contamination, Contractor shall Collect the contaminated Container and shall provide the customer with a written description via email , text, or other electronic means, of the date, time and description of observed contaminants, and shall promptly thereafter deliver to the Customer a written notice via regular 444
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mail at the Customer’s service address (or owner’s address if owner is the direct Customer) containing the following information:
• The fact that Prohibited Container Contaminants were present in the Container;
• The date and time the notice was issued;
• Any photographic documentation of the violation(s);
• A description of the materials that are appropriate for collection in the subject Container type and proper methods of Source Separation;
• An explanation that subsequent incidents of contamination may, or will continue to, result in non -collection, the imposition of a Contamination Fee, and where warranted, require additional or larger-sized collection Containers; and
• Contractor’s contact information to obtain additional information and/or receive responses to questions the Customer may have. (2) Third and Subsequent Occurrences . For the third and subsequent occurrence within any rolling twelve (12) month period of Container Contamination, Contractor shall collect the contaminated Container and may charge the Residential Premises a Contamination Fee as set forth in Exhibit “C”. Co ntractor shall deliver to the Customer a notice containing the information listed immediately above. Contractor shall notify the City in writing on a quarterly basis of such repeat Container Contamination violations. In addition, upon City’s reasonable request, Contractor shall deliver to City copies of all notices, tags and evidence related thereto. Contractor may pursue as applicable, appropriate legal remedies against the offending Customer.
ii. Commercial and Multi -Family Premises . Except with respect to observable Excluded Waste (detailed in Section 5.8.c. below), upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the following contamination noticing procedures:
(1) For each occurrence of Container Contamination, Contractor shall Collect the contaminated Container and shall provide the Customer with a written description via email, text, or other electronic means, of the date, time and description of observed contaminants, and shall promptly thereafter deliver to the Customer a written notice via regular mail at the Customer’s service address (or owner’s address if owner is the direct Customer), which shall contain the following information:
• The fact that Prohibited Container Contaminants were present in the Container;
• The date and time the notice was issued;
• Any photographic documentation of the violation(s) or a means of accessing such photographic documentation;
• A description of the materials that are appropriate for Collection in the subject Container type and proper methods of Source Separation;
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• An explanation that subsequent incidents of contamination may, or will continue to, result in non -Collection, the imposition of a Contamination Fee, and where warranted, require additional or larger-sized Collection Containers; and • Contractor’s contact information to obtain additional information and/or receive responses to questions the
Customer may have.
iii. Issuance of Contamination Fee . For each occurrence of Container Contamination at Commercial or Multi -Family Premises, Contractor shall Collect the contaminated Container and may charge the Customer a Contamination Fee as set forth in Exhibit “C,” provided, however, that new Commercial or Multi -Family Customers shall not receive a Contamination Fee for the first two (2) instances of Contamination after starting service.
Contractor shall deliver to the Customer a notice containing the information listed immediately above. For repeated instances of contamination, Contractor may also increase the Container size, Collection frequency, or require an additional Container and charge the Customer the appropriate rate(s) set forth on Exhibit “C”. Contractor shall deliver to the Customer a notice c ontaining the information listed immediately above. Contractor shall notify the City in writing on a quarterly basis of such repeat Container Contamination violations. In addition, upon City’s reasonable request, Contractor shall deliver to City copies of all notices, tags and evidence related thereto.
City shall consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against the offending Customer.
c. Excluded Waste. If Contractor’s personnel observe Excluded Waste in any uncollected Container, the Contractor’s personnel shall post a non-collection tag on that Container explaining the date, time, and nature of Excluded Waste identified, and Contractor shall not collect the Discarded Materials that contain Excluded Waste. Contractor may, upon each instance of observed Excluded Waste in a Container, levy a Contamination Fee upon the offending Customer as set forth in Exhibit “C”. Contractor shall promptly thereafter del iver to the Customer a written notice via regular mail at the Customer’s service address (or Owner’s address if Owner is the direct Customer) containing the following information:
• The fact the Container could not be collected because of the observed presence of Excluded Waste;
• The date and time the notice was issued;
• Any photographic documentation of the violation(s);
• A description of the materials that are appropriate for collection in the Contractor Containers, proper methods of Source Separation, and an explanation of Excluded Waste being prohibited from any Container;
• An explanation that subsequent incidents of Excluded Waste may, or will continue to, result in non-collection, and the imposition of a Contamination Fee; and
• Contractor’s contact information to obtain additional information and/or receive responses to questions the Customer may have.
Contractor shall notify the City in writing of repeat (three or more) Excluded Waste violations at a Premises, and deliver to City copies of all documentation, and notices related 446
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thereto. City shall consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against the offending Customer.
5.9 Procurement of Recovered Organic Waste Products. The parties are in the process of negotiating a separate agreement (the “Procurement Agreement”) in accordance with 14 CCR Section 18993.1(d)(2) that is cost neutral to both parties to assist the City in complying with its procurement obligations as set forth in 14 CCR §18993.1. Should the parties reach mutual agreement on the terms and conditions of the Procurement Agreement, the City Manager is hereby authorized in his or her discretion to execute the Procurement Agreement on behalf of the City or present it to the City Council for approval.
a. Procurement Credits.
i. Coordination with Regional Agencies and Special District:
(1) The City reserves the right to coordinate with special districts, regional agencies, and similar entities (e.g., Inland Empire Utilities Agency , , schools, public parks) to facilitate procurement compliance.
(2) If any such entity wishes to procure Recovered Organic Waste Products on behalf of the City, a separate agreement or memorandum of understanding (MOU) shall be executed.
ii. Verification of Procurement Credit Eligibility:
(1) Contractor acknowledges that without a written agreement, procurement activities by external entities cannot be counted toward the City's compliance target. (2) Contractor shall provide certifications, reports, and verification documents as required by CalRecycle and the City to ensure proper accounting of procurement credits.
5.10 SB 1383 Compliance Reviews . Subject to applicable law governing data security and privacy rights, including, without limitation, the California Consumer Privacy Act of 2018 (Civ. Code, § 1798.100 et. seq.), Contractor shall, upon City’s request, assist City with its annual compliance review of Commercial and Multi -Family Customers as set forth in 14 CCR Section 18995.1(a)(1)(A) and investigations of complaints as set forth in 14 CCR Section 18995.1(a)(3).
Any such compliance review shall mean a “desk” review of records as well as field audits to determine the Commercial/Multi-Family Customer’s compliance with 14 CCR Section 18984. 1.
Notwithstanding the foregoing and unless otherwise provided in the Agreement, Contractor shall not have any obligation to inspect the Premises of any Customer or pursue any enforcement action related to, or arising out of, 14 CCR Section 18995.1, Section 18995.3, and Section 18995.4, which remain the sole obligations of City pursuant to Applicable Law. a. Field Audits. For purposes of this Agreement, a "Field Audit" shall mean an on-site inspection of a Commercial or Multi -Family Customer's premises conducted to verify compliance with the source-separated collection requirements under this Agreement. Should the Commercial or Multi -Family Customer not have sufficient collection services, then Contractor 447
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shall consider and recommend any applicable waivers pursuant to 14 CCR Section 18984.11, or require such Customer to subscribe to compliant source-separated collection services. b. Physical Inspections and Corrective or Enforcement Actions.
Notwithstanding the foregoing, Contractor shall not be responsible for conducting physical inspections of customer premises, nor shall Contractor have any obligation to initiate, undertake, or enforce any corrective or enforcement actions related to or ari sing from 14 CCR Sections 18995.1, 18995.3, and 18995.4, which shall remain the sole responsibility of City in accordance with Applicable Law.
6. TECHNOLOGICAL DEVELOPMENTS; PUBLIC
EDUCATION
6.1 Developments in Methods and Technologies for Discarded Materials Collection; City Directed Changes.
a. Contractor and the City acknowledge the dynamic nature of science and technology and, therefore, agree to cooperate in the best interests of the City in efforts to research and develop Discarded Materials and other pilot programs during the term of this Ag reement. In addition, Contractor shall meet with the City on an annual basis to discuss scientific, technological and economic developments and advancements in the field of Discarded Materials management, and if any are reasonably available to suggest changes to the methods currently utilized by the City or to suggest the implementation of pilot programs.
b. City may direct Contractor to perform additional services or modify Contractor’s obligations under this Agreement, including, modifying the manner in which Contractor performs existing programs or services, adding new or additional services or programs, directing waste to a facility other than the facilities designated under this Agreement, targeted routing, and or implementing different kinds of services. Subject to the provisions of Section 16, Contractor shall be entitled to an adjustment in the Contract or Compensation for providing any additional or modified services directed by the City under this Section.
6.2 Public Educational Outreach. Contractor shall, at its sole cost and expense, develop, prepare, and distribute all educational materials and implement all public education programs and activities in full compliance with 14 CCR Section 18985.1 and any other applicable laws or regulation s. Contractor shall coordinate and cooperate with the City to align public education efforts with the City’s waste diversion and recycling objectives. All educational materials shall be provided in English and Spanish, and in any additional languages as required by law.
a. General. In general, Contractor -provided public education and outreach shall include all content required by this Section 6 .2 and should: (i) inform Generators about the services that are provided under this Agreement with specific focus on describing the methods and benefits of source reduction, reuse, and reduction of Landfill disposal; (ii) instruct Generators on the proper method for placing Discarded Materials in Containers for collection, Source Separation, and setting Containers out for collection with speci fic focus on minimizing Prohibited Container Contaminants; (iii) clearly define Excluded Waste and educate Generators about the hazards of such materials and their opportunities for proper handling; (iv) discourage Generators from buying 448
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products if the product and its packaging are not readily reusable, Recyclable, or Compostable; (v) inform Generators subject to Edible Food recovery requirements under SB 1383 Regulations of their obligation to recover Edible Food and actions they can tak e to prevent the creation of Food Waste; (vi) encourage the use of Compost and Mulch; and, (vii) encourage Generators to purchase products/packaging made with Recycled -content materials. The cumulative intended effect of these efforts is to reduce each Cus tomer’s generation of Gray Container Waste service and, ultimately, disposal, and Contractor agrees to support and not undermine or interfere with such efforts.
b. Contractor Cooperation and/or Support for City Educational Efforts .
Contractor shall cooperate and coordinate with the City on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his/her designee, which shall not be unreasonably withheld or delayed, on all Contractor-provided public education materials as set forth in Exhibit “E”. In the event the City desires Contractor to perform additional education and outreach obligations, the parties shall meet and confer in good faith to discuss the scope of such education and outreach activities. Contractor shall be entitled to a rate adjustment in accordance with Section 16 to compensate it for any such new or modified obligations. c. Annual Education Plan. Annually, Contractor shall develop and submit an annual public education plan to promote the programs performed by Contractor under this Agreement. The annual public education plan shall present the education activities as set forth in Exhibit “E” for the upcoming calendar year and shall be submitted with the Contractor’s annual report.
d. Distribution Methods . Contractor shall use the following methods to provide education information to Customers:
i. Printed materials: Contractor shall provide education materials in print (e.g., billing inserts; or in the case of mailings by City, Contractor will provide education materials to so be mailed) once every calendar year for Multi-Family and Commercial Customers.
The Contractor shall be responsible for the design, printing, and distribution of these materials. All Contractor-printed public education materials shall, at a minimum, use recycled paper and/or be made of recycled material.
ii. Electronic materials and website content : Contractor shall provide electronic and website content for all education and outreach materials, including those that were provided in print, and which may further include, but are not limited to: digital graphics, digital versions of print materials, and social media posts. Contractor shall provide education and outreach materials to the City (in an editable, electronic format) for City’s use in providing this information in print to Residential Customers at least once every three (3) months. The Contractor shall be responsible for the design, posting, and electronic distribution of these materials. iii. Materials Language. The Contractor shall make all public education and outreach materials available in English and Spanish. e. Record of Educational Program Materials. Contractor shall include a copy of all education and outreach materials distributed and provide such materials to the City in a form and manner to ensure City Compliance with 14 CCR Section 18985.3. 449
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7. FRANCHISE TERM
The Term of this Agreement shall commence as of the Effective Date and expires at the close of business on December 31, 2032. By mutual consent, this Agreement may be extended for an additional five (5) years from January 1, 2033 to December 31, 2037. Either party may provide notice to the other party of its intent not to renew this Agreement on or before one (1) year of the termination/expiration of the Term to allow time for the City to pursue any request for proposals for the services set forth herein.
8. FRANCHISE TRANSFERRABLE: CITY CONSENT
REQUIRED
8.1 Except with respect to an affiliate of Contractor, the Franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable , or any right, interest or property therein, pass to or vest in any person, except the Contractor, either by act of the Contractor or by operation of law, without the prior written consent of the City expressed by resolution. For purposes of this Section, “change in ownership” shall mean any acquisition of more than fifty percent (50%) of Contractor’s voting stock by a person, or group of persons acting in concert, who do not already own fifty percent (50%) or more of the voting stock; provided that a chan ge of ownership shall not include the acquisition of Contractor’s voting stock by an entity affiliated with Contractor. Except with respect to an affiliate of Contractor, any attempt by Contractor to assign this Franchise without the consent of the City shall be void.
For a change in ownership or an assignment to a non -affiliate of Contractor, Contractor will submit its request for City consent to the City together with documents sufficient to reasonably demonstrate to the City that: (i) the transferee's audited financi al statements for at least the immediately preceding three (3) operating years; (ii) the proposed transferee has municipal solid waste management experience on a scale equal to or exceeding the scale of operations conducted by Contractor; (iii) in the last five (5) years, the proposed transferee has not suffered any citations or other censure from any Federal, State, or local agency having jurisdiction over its waste management operations due to any significant failure to comply with Federal, State, or local waste management law and that the transferee has provided the City with a complete list of such citations and censures; (iv) the proposed transferee has at all times conducted its operations in an environmentally safe and conscientious fashion; (v) proof that the proposed transferee conducts its municipal solid waste management practices in accordance with sound waste management practices in full compliance with all Federal, State, and local laws regulating the collection and disposal of waste, including Hazardous Waste; (v) the transferee's officers or directors have no criminal convictions for fraud, deceit, false claims or racketeering with respect to the transferee's course of business; (vi) a “transition plan” describing how Contractor proposes to eff iciently transition the rights and obligations hereunder to the transferee or assignee without material disruptions to service, and (vii) any other information reasonably required by the City to ensure the proposed transferee can fulfill the terms of this Agreement, including the payment of indemnities and damages and provision of bonds and/or performance standards, in a timely, safe, and effective manner.
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8.2 The City shall not unreasonably withhold its consent to a transfer or change of ownership of the Franchise granted by this Agreement. The City may impose reasonable conditions of approval on a transfer, including, but not limited to, conditions requiring acceptance of amendments to this Agreement.
9. FRANCHISE FEE AND ADMINISTRATIVE FEES
9.1 Franchise Fees. In consideration for the grant of Franchise provided herein, the City shall receive a monthly Franchise Fee of Contractor’s Gross Receipts under this Agreement.
The Franchise Fee shall either be remitted to the City, or collected and retained by the Cit y, as follows:
a. Contractor Remittances of Franchise Fees. Contractor shall, on a monthly basis, remit to the City the Franchise Fee as provided in Exhibit C attached hereto, as may be duly adjusted in accordance with any future City approvals in accordance with Proposition 218 , on all Gross Receipts from Commercial accounts and other accounts that are directly billed by Contractor. Remittance of Franchise Fees for which Contractor is responsible shall be payable monthly by Contractor to City not more than thirty (30) days after t he last day of each calendar month. The City may deduct Franchise Fees from payments to Contractor with respect to services billed by City pursuant to Section 9.1.b. below.
b. Franchise Fee Amounts Collected Directly by City . For Residential accounts and accounts billed directly by the City, the City shall, upon receiving payments from such Customers, withhold the applicable Franchise Fee, as described in 9.1.a. above, of the Gross Receipts from such Customer payments, which withheld amounts will not be remitted to Contractor.
9.2 Administrative Fees.
a. Public Benefit Payment . Contractor shall provide to the City an annual Public Benefit Payment in the amount of Five Hundred Sixty-Two Thousand Dollars ($562,000).
This payment will be made in two equal installments bi -annually on July 15 and January 15 of each year beginning July 15, 2026 and every year thereafter over the Term of this Agreement. The parties expressly acknowledge and agree that this payment constitutes a negotiated contractual consideration and is not a rate, fee, or charge imposed for refuse collection, processing, or disposal services. The Public Benefit Payment represents compensation to the City for the exclusive franchise rights granted under this Agreement and for the broader public benefits associated with the administration and oversight of the City’s solid waste programs. This payment shall not be deemed a regulatory fee, service charge, or tax within the meaning of Proposition 218 or Proposition 26..
b. Billing Service Fee. Commencing on the Effective Date, the City shall retain a monthly Billing Service Fee for each Residential and other Customer account s directly billed by the City. Any adjustments impacting Service Rates, as detailed in Exhibit “C”, shall comply with the provisions of Section 16. This fee is intended to offset the City's costs associated with staff time, billing administration, processing, and account management. i. The Billing Service Fee shall be subject to an annual adjustment based on the Consumer Price Index (CPI), consistent with the rate adjustments set forth in Section 451
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16.3 commencing July 1, 202 6, and shall continue to be applied annually on July 1 of each subsequent year. Any resulting impact on the Service Rates, as set forth in Exhibit C, shall be addressed in accordance with the provisions of Section 16.3. ii. Notwithstanding the foregoing, the City reserves the sole discretion to modify the Billing Service Fee, either by increasing or decreasing the amount, as necessary to reflect actual cost fluctuations associated with providing billing and administrative ser vices. Any such modification shall be based on demonstrated changes in the City’s costs and shall be implemented in a manner consistent with applicable laws and regulations. City shall provide Contractor 90 days’ prior notice so that Contractor may adjust the Rates as necessary to account for the increase or decrease in the Billing Service Fee. c. Recycling Administration Fee. Commencing on the Commencement Date, the City shall retain a monthly Recycling Administration Fee as set forth in Exhibit C and as may be duly adjusted by City in accordance with Proposition 218 to recover its actual and reasonable costs associated with the administration, oversight, monitoring, and enforcement of the City’s solid waste, recycling, and organics diversion programs, including but not limited to compliance with state mandates such a s Senate Bill 1383. This fee sh all be assessed per Residential and other Customer accounts directly billed by the City.
d. Fee Verification & Adjustments.
i. Annual Verification. The City shall perform an annual verification of the Recycling Administration Fee to ensure that the amount retained accurately reflects the City’s actual administrative costs incurred during the prior fiscal year for enforcement of the City’s solid waste, recycling, and organics diversion programs, including but not limited to compliance with . Any resulting impact on the Service Rates, as set forth in Exhibit C, shall be addressed in accordance with the provisions of Section 16.3.
ii. Annual Adjustment Methodology. The Recycling Administration Fee shall be calculated as a fixed percentage of the disposal component of the applicable Service Rates. The percentage shall be established to reasonably reflect the City’s cost of program administration. While the Consumer Pr ice Index (CPI) may be used as a reference index for evaluating changes in cost, the Recycling Administration Fee shall not be subject to an automatic CPI-based adjustment. Instead, any adjustment shall be based on actual adm inistrative cost data verified by the City. The initial adjustment shall take effect on July 1, 2025, and shall be applied annually on July 1 of each subsequent year, in accordance with the procedures set forth in Section
16.3. iii. Any fees, charges, or surcharges paid to the City, including, without limitation, the Franchise Fees and administrative fees under this Article 9 , may be duly adjusted by City in accordance with Proposition 218. Any such fees, charges, or surcharges paid to the City shall not be included in the Service Rate cap and shall be passed -through to Customers by Contractor.
e. Use of Funds. This fee reimburses the City for administrative costs related to AB 939 programs and SB 1383 compliance, including staffing, outreach, reporting, 452
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enforcement, and technical assistance. Funds may also support recycling promotion programs in partnership with the Contractor.
f. Public Outreach/Education Contribution . Contractor shall pay an additional Fifteen Thousand Even Dollars ($15,000.00) annually to the City for use in public education and outreach. From the Effective Date, this amount shall increase by CPI in the same manner as the rates are adjusted in accordance with Section 16.3.c. commencing on July 1, 2025, and every July 1 thereafter.
9.3 Billing for Residential Premises . The City shall invoice and collect Service Rates payments from Residential Premises Customers.
a. Contractor Invoices Provided to City For Residential Services. On or before the 30th day of each month, Contractor shall send City an itemized invoice and accounting of services provided by Contractor to Residential Premises. To this end, Contractor shall provide City the following information and this information will be incorporated into the next invoice submitted by City to a Residential Premises Customer: (i) all Discarded Materials services, transport and processing provided by Contractor to Residential Premises (including regular Service Rates and any optional/special services) for the previous month, for billing by the City, and (ii) all changes in the level of service provided to any Residential Customer (excepting that to the extent City has notice of new or closed Residential accounts prior to Contractor actu al knowledge or notice, the City shall annually notify Contractor of such new or closed Residential accounts). Each itemized invoice for Residential Premises Customers shall include:
i. Amounts of any State Integrated Waste Management Fee, Public Res. Code §§ 48000 et seq., and any Riverside County import fee (for Riverside County Landfill Disposal) established by Riverside County (including an itemization of such fees based upon tonnage Disposed, Customer type(s), and actual fees charged by the State or Riverside County, as applicable).
ii. Base or basic Residential Premises Service Rates applicable to Contractor’s prior-month’s actual service, with a tonnage break-down. iii. Special Residential Premises service charges (e.g., Bulky Waste, special roll -out services, Container overage charges, contamination fees, etc.) applicable to Contractor’s prior-month’s actual service, with a tonnage break-down. b. City Billing. The City shall bill Residential Premises monthly, in arrears, for services provided and invoiced to City by Contractor pursuant to this Section. The City shall hold and administer a separate City account/fund reserved for holding Service Rates collected f rom Residential Premises.
c. City Remittance of Service Rates Collected from Residential Premises. The City shall pay the Contractor monthly for the billed Residential Premises Service Rates collected, along with a certified statement of reconciliation by the City within thirty (30) days of each calendar month for the previous month’s billings.
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d. Residential Premises Listing . As needed, City will provide Contractor a listing of all Residential Customer locations, by route, where service was initiated or canceled during the previous month.
e. Late Payments by Residential Premises . City may charge Residential Premises Customers a Late Fee for Residential Premises’ accounts that become delinquent based on the City-established fee schedule for such delinquencies. City shall retain the funds received as delinquent payment charges.
f. Late Payments by City. In the event of late payment by the City, Contractor shall promptly provide written notice to City of such delinquency, and (excepting in the case of a dispute subject to Section 16 .4 if such delinquency continues for a period of fifteen (15) days thereafter, Contractor may, in its discretion, set -off amounts owed by Contractor to City from payments owed by City to Contractor.
9.4 Customer Verification . Beginning on April 1, 2024 and each April 1 thereafter during the Term, the number of Customers receiving service and the level of service billed by the City shall be verified as follows:
a. Not later than April 30, the City shall provide to the Contractor current billing information for each Customer, including name, address and level of service. b. Contractor shall have thirty (30) days to review the documentation supplied by the City. Contractor shall inform the City in writing not later than five (5) days following the end of the thirty (30) day review period of any disagreement and the basis for such disagreement. c. In addition to submitting comments under Subsection b. above, Contractor may at the same time provide information to the City regarding the number of Customers and service levels based on its own route audit.
d. Contractor and City agree to negotiate in good faith and update the City’s billing records as needed within ten (10) days of Contractor’s submittals.
9.5 Contractor Billing for Commercial and Multi -Family Premises Accounts .
Contractor shall be responsible for billing directly all Commercial and Multi -Family Premises Customers, and for all Construction and Demolition services, for accrued Service Rates based on the service levels to which each such Customer is subscribed. In addition, Contractor shall directly bill Residential Premises that have subscribed to temporary Bin/Roll -Off Box collection, processing and Disposal.
a. Late Payments . Contractor may charge Commercial and Multi -Family Premises Customers a Late Fee (as set forth in Exhibit “C”) in the event that any such Customer has not remitted required payments within ninety (90) days after the date of billing.
10. IMPOSITION OF LIQUIDATED DAMAGES OR
TERMINATION
10.1 General. If the City Manager determines that the Contractor’s or its subcontractors’ performance pursuant to this Agreement have not been in material conformance with reasonable industry standards which are obtained in similar cities in Southern California or with the provisions of this Agreement or Applicable Law, the City Manager shall, prior to assessment of any liquidated 454
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damages under this Section 10 of this Agreement, advise Contractor in writing of such deficiencies. To the extent the deficiency is susceptible to correction, the City Manager may, in his/her written notice of deficiency, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Contractor of such written notice unless such deficiency cannot reasonably be cured by Contrac tor within sixty (60) days. The City Manager shall review the Contractor’s response and refer the matter to the City Council, or decide the matter and notify the Contractor of that decision, in writing. A decision or order of the City Manager shall be fina l and binding on Contractor if the Contractor fails to file a "Notice of Appeal to Council" with the City Manager within thirty (30) days of receipt of the City Manager's decision or if Contractor fails to pursue any legal remedies available under Applicable Law, including filing an action with a court of competent jurisdiction. Within ten (10) working days of receipt of a Notice to Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 10.2 below, or (except when the Notice of Appeal relates to the order of a hearing officer) refer the matter to a hearing officer as provided in Section 11, below.
10.2 Appeal or Matter Referred to Council. The City Council, in the case of an Appeal or referral to Council, may set the matter for hearing. The City Council shall give Contractor, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Contractor, or its representatives and any other interested person, a reasonable opportunity to be heard. a. Based on the evidence presented at the public hearing, the City Council shall determine by resolution whether this Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Contractor is in breach of any material term of this Agreement, the City Council may terminate this Agreement or impose liquidated damages. Contractor’s performance under its Franchise is not excused during the period of time prior to the City Council’s final determination as to whether such performance is deficient.
b. Council right of termination or to impose liquidated damages is in addition to any other rights of City upon failure of Contractor to perform its obligations under this Agreement.
10.3 Termination of Franchise . The City shall have the right to terminate Contractor's Franchise and this Agreement and/or impose liquidated damages upon Contractor's material breach of this Agreement of, following notice and opportunity to correct as described above, the following:
a. If the Contractor practices, or attempts to practice any fraud or deceit upon the City.
b. If the Contractor becomes insolvent, unable, or unwilling to pay its debts, or upon filing of an order for relief in favor of Contractor in a bankruptcy proceeding. c. If the Contractor fails to maintain in full force and effect the worker’s compensation and liability insurance, indemnification coverage, or cash bond as required by this Agreement.
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d. If the Contractor violates any orders of any regulatory body having jurisdiction over the Contractor relative to this Agreement or Applicable Law, provided that the Contractor may contest any such orders or rulings by appropriate proceedings conducted in g ood faith, in which no breach of this Agreement shall be deemed to have occurred while any such contest or challenge is pending.
e. If the Contractor ceases to provide collection services as required under this Agreement over all or a substantial portion of the City for a period of seven (7) days or more, except when occurring for reasons not within the control of the Contractor for Fo rce Majeure in accordance with Section 24.1.
f. If the Contractor willfully fails to make payments required under this Agreement.
g. Any failure of the Contractor to comply with an order of the hearing officer made pursuant to Section 11.
10.4 Liquidated Damages.
a. The parties acknowledge that as of the time of the execution of this Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages, which shall be incurred by the City as a result of certain material breaches by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: a) substantial damage results to members of the public who are denied services or denied quality or reliable services; b) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; c) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and d) the termination of this Agreement for such breaches and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.
b. Contractor agrees to pay as liquidated damages, and not as a penalty, the amounts set forth below:
i. Collection Reliability
(1) For each failure to deliver Containers to a new Customer within five (5) Business Days after order, which exceeds ten (10) such failures annually: One Hundred Fifty Dollars ($150.00) per occurrence.
(2) For each failure to collect Discarded Materials, which has been properly set out for collection, from an established Customer, on the scheduled collection day and not collected by the end of the next Business Day in accordance with Section 5 .7, which exceeds fifteen (15) such failures annually: Seventy Five Dollars ( $75.00) per occurrence per Customer.
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ii. Collection Quality
(1) For each failure to clean-up Discarded Materials spilled from Containers (except where caused by overloading or tipping/spilling by the Customer or other force not due to overfilling) that exceeds ten (10) such failures annually: One Hundred Fifty Dollars ($150.00).
(2) For each failure to properly notice, and process Customer violations relating to observed Prohibited Container Contaminants or Excluded Waste, or provide City information relating to such violations as required by this Agreement, that exceeds ten (10) such separate failures annually, provided that multiple failed notices on any given day shall count as one (1) failure: One Hundred Dollars ($100.00).
(3) For each failure to transport Discarded Materials to an appropriate facility for the particular Material type for processing and disposal in accordance with Section 5.1.c, that exceeds five (5) such failures annually: One Hundred Dollars ( $100.00) per occurrence.
iii. Vehicle Requirements . For failure to meet vehicle requirements under Section 17 that exceeds ten (10) such failures annually: One Hundred Fifty Dollars ($150.00) for each occurrence.
iv. Customer Responsiveness
(1) For each failure to initially respond to a Customer complaint in accordance with Section 19.2.a. within one (1) Business Day: One Hundred Fifty Dollars ($150.00) per occurrence.
(2) For each failure to promptly accept any Customer call due to the lack of adequate staff fluent in English and Spanish that exceeds ten (10) such occurrences annually: One Hundred Fifty Dollars ($150.00) per occurrence. (3) For each failure to remove graffiti from Bins and Roll -Off Boxes within five (5) Business Days of employee observation or receipt of request from City or Customer: One Hundred Fifty Dollars ($150.00) per failure. v. Cooperation with Service Provider Transition. For each day routing information requested by City is received after City-established due dates, both for preparation of a request for proposals and for new service provider’s implementation of service: One Thousand Dollars ($1,000.00) per day.
vi. Liquidated Damages for SB 1383 Violations.
(1) Failure to implement three -stream Container system: for each occurrence of failing to offer Customers the three- Container system service required by and compliant with Section 5 hereof and the Chino Municipal Code, excluding Generators and Customers granted waivers or that demonstrate compliance with Recycling and Organic Waste Self-Hauling: One Hundred Fifty Dollars ($150.00) per Generator or Customer. 457
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(2) Failure to perform Route Reviews: for each failure to conduct Hauler Route contamination monitoring in accordance with this Agreement: One Hundred Fifty Dollars ($150.00) per Hauler Route.
(3) Failure to comply with Container labeling and colors: for each occurrence of Contractor’s failure to comply with Container labeling and color requirements as required by SB 1383 Regulations: One Hundred Dollars ($100.00) per Container. (4) Failure to perform public education and outreach: for each failure to perform any individual education and outreach activity as required and in the timeframe specified by this Agreement: One Hundred Dollars ($100.00) per occurrence. (5) Failure to submit reports or allow access to records: for each failure to submit any individual report or provide access to records in compliance with and in the timeframe specified in this Agreement. One Hundred Fifty Dollars ($150.00) per report. (6) Failure to conduct compliance tasks (Section 5(J)): for each failure to conduct any compliance review, Discarded Materials evaluations and/or other inspection required by this Agreement: One Hundred Dollars ($100.00) per occurrence.
Liquidated damages shall only be assessed after Contractor has been given written notice and an opportunity to cure any such deficiency in accordance with Section 10(A). The notice shall include a brief description of the incident or the event of non-performance. Contractor may review (and make copies at its own expense) all non -confidential information in the City’s possession relating to the incident or the event of non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with the City Manager or the City Manager’s designee.
Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident or the event of non -performance. The City Manager shall provide Contractor with a written explanation of the determination on each incident or event of non - performance prior to authorizing the assessment of liquidated damages. The decision of the City Manager shall be final and Contractor may file a Notice of Appeal for an administrative hearing pursuant to Article 11. Notwithstanding any provision of law to the contrary, the City has the affirmative duty to undertake reasonable measures to mitigate the amount of liquidated damages asserted or collected.
10.5 Timing of Payment. Contractor must pay any liquidated damages assessed by the City in accordance with this Agreement within ten (10) days after they are assessed. If such assessed damages are not paid within the ten (10) day period, the City may proceed against the performance bond or exercise any other right or remedy available to City under this Agreement or at law or in equity, or any combination of these remedies.
11. ADMINISTRATIVE HEARING PROCEDURES
11.1 Upon the filing of a Notice of Appeal pursuant to Section 10.1, or if the Contractor should allege a breach of the Agreement by the City, either the City Manager or the City Council may refer the matter to a hearing officer. City and Contractor shall mutually agree on a hearing officer. If agreement is not reached wi thin twenty (20) days of the filing of the notice of breach, then Contractor shall select the hearing officer from a list of three potential hearing officers who 458
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are retired California Superior Court judges or Appellate Court justices, none of whom are related to parties, prepared by the City Manager and approved by the City Council.
11.2 The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq. The exclusive venue shall be in San Bernardino County, California. A hearing officer to whom a matter is referred shall have the authority to: 1) order the City or Contractor to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; 2) assess damages upon the City or the Contractor consistent with the terms of this Agreement; or 3) find there has been no bre ach. If the hearing officer finds there has been no breach, such a decision precludes the City from terminating this Agreement or imposing liquidated damages. For any occurrence or series of related occurrences, the damages awarded shall be reasonably related to the seriousness of the breach.
11.3 The party losing the hearing shall be liable for the hearing officer’s fees.
11.4 The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties provided that if either party notifies the hearing officer that a material violation of the Franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply.
11.5 Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall no t apply to communications made to schedule a hearing or request a continuance.
11.6 Until final decision is entered from the hearing officer and the time for appeal or other post -judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Agreement and related to the subject matter of the hearing shall be stayed.
11.7 The order of the hearing officer may be appealed by Contractor by the filing of a Notice of Appeal with the City Council, and the City Council shall hold a hearing and take appropriate action in accordance with Section 10.2.
12. CITY’S ADDITIONAL REMEDIES
In addition to the remedies set forth in Sections 10 and 11 above, City shall have the following rights and remedies following a material breach by Contractor which is not remedied following notice and opportunity to cure pursuant to Section 10.1.
12.1 To rent or lease equipment from Contractor at its fair and reasonable rental value for the purpose of collecting, transporting, processing, Recycling, Composting, and disposing of 459
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Discarded Materials, which Contractor is obligated to collect, transport, process, Recycle, Compost, and dispose of for a period not to exceed six (6) months. In the case of equipment not owned by Contractor, Contractor shall assign to City, to the extent Contractor is permitted to do so under the instruments pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City exercises its rights under this Section, City shall pay to Contractor the reasonable rental value of the equipment so taken for the period of City’s possession thereof.
12.2 The right to permit others to perform the services otherwise to be performed by Contractor hereunder, or to perform such services itself.
12.3 The right to seek damages and/or injunctive relief.
13. PRIVACY; CONFIDENTIALITY
13.1 Contractor shall strictly observe and protect the rights of privacy of Customers.
Information identifying individual Customers or the composition or contents of a Customer’s waste stream shall not be revealed to any Person, governmental unit (other than Ci ty), private agency, or company, unless upon the request of a law enforcement agency, the authority of a court of law, by statute, or upon valid authorization of the Customer. The provision shall not be construed to preclude Contractor from preparing, part icipating in, or assisting the City in the preparation of waste characterization studies, waste stream analyses, or enforcement actions relating to Prohibited Container Contaminants/Excluded Waste as may be required or permitted by AB 939 or SB 1383.
13.2 Contractor shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of Customers.
13.3 The rights accorded Customers pursuant to this Section shall be in addition to any other privacy right accorded Customers pursuant to Federal or State law.
13.4 The City acknowledges that Contractor may assert that certain records and reports of Contractor submitted to the City are proprietary, confidential, or contain trade secrets or other intellectual property of Contractor (collectively, “Contractor’s Intellec tual Property”). All of Contractor’s Intellectual Property held by Contractor and not submitted to City is and shall be under the sole ownership and control of Contractor. The Contractor shall provide City with written notice of all records and reports sub mitted to the City that Contractor asserts are Contractor’s Intellectual Property. The City will maintain the confidentiality of all of Contractor’s Intellectual Property provided by Contractor.
13.5 Notwithstanding the foregoing, Contractor acknowledges that City is legally obligated to comply with the California Public Records Act (Government Code Section 6250, et seq.) (“CPRA”). City acknowledges that Contractor may consider certain records, reports , or information contained therein, which Contractor is required to provide to City under this Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in writing of which records are considered propriety or confidential. At such time as City receives a request for records under the CPRA or Federal Freedom of Information Act or a subpoena or other court order requesting disclosure of the records, City shall notify Contractor of the request, subpoena or order and of City’s obligation and intent to provide a response within ten 460
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(10) days. Contractor shall within five (5) days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Contractor’s sole cost and expense, order of a court of competent jurisdiction staying or enjoining the disclosure of the records. In the event it is judicially determined that such records are legally required to be disclosed, Contractor shall hold City harmless from, and pay all City costs incurred in the course of, the judicial action (including City’s reasonable attorneys’ fees and costs, and any award of attorneys’ fees against City).
14. REPORTS AND ADVERSE INFORMATION
14.1 Quarterly Report. Contractor shall submit to City a written Quarterly Report in a form acceptable to City within forty -five (45) days following the end of each calendar quarter, which shall include the following information:
a. Volume of Discarded Materials collected (in tons);
b. Volume of Discarded Material Diverted as the result of Contractor’s performance of the Recyclable Materials and Organic Waste collection programs, in a manner consistent with the reporting requirements promulgated pursuant to AB 939 and SB 1383; c. A record of Recyclable Materials sold reflecting the quantity or tonnage sold of each category;
d. Information compiled concerning Customer complaints, along with a brief narrative describing any operational changes made to respond to complaints received and to prevent their reoccurrence in the future, if necessary; and e. A list of notices issued detailing contamination problems and Contractor’s follow-up actions, including copies of contamination notices and warning letters issued during the month.
f. Quarterly commercial compliance summaries for AB 341, AB 1826, and SB 1383, which shall include:
i. The total number of customers subject to each regulation; ii. The number of customers compliant solely through programs provided by Contractor;
iii. The number of customers whose compliance is achieved through third-party haulers, waivers, or internal diversion programs; iv. The number of non -compliant customers, including the service address and contact information for each;
v. Residential SB 1383 compliance metrics, if available. g. Quarterly tonnage reports by collection program and facility type, which shall include:
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i. Tonnage collected by each collection program (e.g., trash, recycling, green/organics);
ii. Names and locations of all facilities receiving material (e.g., landfills, transfer stations, processing facilities);
iii. Diversion and residual waste disposal tonnage for each processing facility; and
iv. Final disposition (landfill or otherwise) for all collected materials. h. Construction and Demolition (C&D) Debris Program quarterly reporting, which shall include:
i. The number of C&D projects/customers serviced;
ii. The total tons of C&D waste diverted;
iii. The total tons of C&D waste disposed;
iv. For any projects failing to meet the 65% diversion rate: the customer name, project address, and a brief explanation as to why the minimum diversion threshold was not met.
14.2 Annual Reports. The Contractor shall submit to the City a written Annual Report information, in a form acceptable to the City, no later than forty-five (45) days after the end of each calendar year, which shall include the following information:
a. A summary of the previous year’s (or, in the case of the initial report year, the initial year’s) activities including, but not limited to, services began or discontinued during the reporting year, and the number of Customers for each class of service; b. A report, in a form satisfactory to the City, on the City’s progress in meeting, and maintaining its ability to meet its goals, under AB 939 and SB 1383, along with any recommended changes;
c. A list of Contractor’s officers and members of its board of directors; d. Documents, if requested by the City, showing Gross Receipts of the Contractor for services performed under this Agreement including a statement detailing Gross Receipts from all operations conducted or permitted pursuant to this Agreement and report of all City fees paid, a list of Customers billed by Contractor in accordance with Section 9 .5 that are sixty (60) or more days past due and include the following information for each delinquent Commercial account: name; service address; contact information; num ber of days the account is delinquent; Customers whose service will be or has been suspended due to non -payment of all amounts due or account delinquency; and method(s) the Contractor has used to attempt collection of the bad debt, including date of such attempt(s).
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14.3 AB 939 Reporting. Contractor shall assist the City in the preparation of all reports required under AB 939. This shall include development of all data required to prepare reports required by CalRecycle.
14.4 SB 1383 Reporting. Within forty-five (45) days after the end of each calendar year, the Contractor shall provide a written SB 1383 annual report to the City covering the most recently completed calendar year. Such report shall contain the following information:
a. Contamination Monitoring Report . Contractor’s report under this Section shall include the following information regarding route reviews conducted by Contractor under this Agreement:
i. Documentation of Hauler Route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of route reviews conducted;
ii. Documentation of SB 1383 Regulatory non-compliance complaints that were received and investigated by Contractor under Section 20, in accordance with 14 CCR Section 18995.3, and the number of notices, violations, or targeted education materials issued to Customers for Prohibited Container Contaminants;
iii. Copies of all documentation related to route reviews, “desk -top” reviews, and notices issued to Customers with Prohibited Container Contaminants; and iv. Documentation of the number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants. b. Compliance Report. Contractor’s report under this Section shall include:
i. The total number of Customers receiving each type of Organic Waste collection services;
ii. The number of Organic Waste Customers and edible food Generators that received information and the type of education and outreach used; iii. The number of complaints that were received and reviewed by Contractor under Section 20;
iv. Copies of information and public education materials provided to customers related to SB 1383, if any, including the date that the information was distributed to Customers, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3;
v. To the extent the Approved Organic Waste Processing Facility(ies) accept(s) Compostable Plastics and/or plastic bags:
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(1) Written notification that the Approved Organic Waste Processing Facility(ies) has and will continue to have the capabilities to process and recover Compostable Plastics included with the Green Container Waste; and (2) Written notification to the City that the Approved Organic Waste Processing Facility has and will continue to have the capabilities to Process and recover plastic bags when it recovers Green Container Waste.
vi. A list of Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services in the City, as those terms are defined in 14 CCR Section 18982(a).
c. Implementation Record. Contractor shall provide information and documentation needed for the City’s implementation record related to its performance of this Agreement with respect to waivers and exemptions as required under 14 CCR Section 18984.14 and procurement of recovered organic waste as required under 14 CC Section 18993.2. d. Other 1383 Data . Such information or data Contractor is required to provide for reporting under this Agreement, as requested by City or CalRecycle and required for City’s reporting compliance under 14 CCR Section 18994.2.
14.5 Adverse Information. The Contractor shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Contractor, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and lo cal courts, regulatory agencies, and other government bodies that adversely affect Contractor’s ability to perform services pursuant to this Agreement. All reports and records required under this or any other section shall be furnished at the sole expense of the Contractor.
15. REVIEW OF PERFORMANCE, QUALITY OF SERVICE,
AND SYSTEM AND SERVICE REVIEW
15.1 At City’s sole option, within ninety (90) calendar days of the first anniversary of the Effective Date of this Agreement, or each five (5) years thereafter throughout the term of this Agreement, City may hold a public hearing at which the Contractor shall be present and shall participate, to review the Contractor’s performance and quality of service, collection and Recycling systems, and other services. In addition, any Customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.
15.2 At any time, upon written request from the City, the Contractor shall, within sixty (60) calendar days, submit a report to City indicating the following:
a. All Discarded Materials collection, Composting, and Recycling services reported in collection, and Recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to City.
b. Changes recommended to improve the City’s ability to meet state-mandated Diversion goals.
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The value of recyclables, the revenue obtained through the sale of Recyclables, and the expense of collecting and transporting the Recyclables.
15.3 Not later than sixty (60) days after the conclusion of each system and service review hearing, or review of information submitted by Contractor, City shall issue a report.
16. CONTRACTOR’S COMPENSATION
16.1 Contractor Service Rates. Contractor shall provide the services described in this Agreement in accordance with the rates approved by City from time to time in accordance with Proposition 218 for Customers at Residential, Commercial and Multi-Family Premises. The Service Rates are set forth in the Exhibit “C” (Schedule of Rates) as they are effective as of the Commencement Date, and as those rates may be amended by resolution of City Council (the “Service Rates”).
a. Extraordinary Adjustments . In addition to annual rate adjustments under Section 16.3, Contractor may propose Service Rate adjustments in an amount equal to Contractor’s extraordinary changes in performing its cost of collection, Landfilling, Recyclables or Organics Waste processing/Disposal services. Such proposals for adjusting Service Rates to cover extraordinary cost increases shall be subject to City Council approval; provided, however, that Contractor acknowledges that such extraordinary, non-inflationary adjustments shall be subject to Proposition 218 requirements. Such extraordinary increases or decreases in its costs of providing services shall include, by way of example and not by way of limitation: (i) a change in the location of the sites/Facilities to which the Contractor transports Discarded Materials for processing/Disposal; (ii) new or increased taxes, charges, surcharges, or fees payable by Contractor based on its operations hereunder by a governmental body; (iii) changes in the local, State, or Federal laws governing collection, separation, transportation or Disposal of Discarded Materials; (iv) material increases in fuel and/or labor costs, (v) changes in services requested by the City, or (vi) material adverse changes in the market value of Recyclables or recovered organic waste products.
b. Notice. The Contractor shall provide the City written notice of the implementation of changes to any of its Service Rates, charges or fees that are not subject to regulation by the City or requirements of Proposition 218. This notice shall include a statement of the reasons for the rate increase or decrease, which shall be approved by the City before distribution, unless it is determined by the City that the proposed increase or any portion thereof is subject to a Proposition 218 process.
c. Cost Factors. For any proposed adjustment to the Service Rates subject to Proposition 218, Contractor shall present each individual cost factor supporting such proposed adjustment by the February 15 prior to the effective date of any Service Rate adjustment, subject to the availability of CPI and Landfill, Recyclables, and Organic Waste processing or disposal cost information. The Contractor shall provide supporting documentation and calculations to justify the presented cost factors and any findings legally needed to support the proposed adjustment in Service Rates. Contractor’s failure to provide such information on a timely basis does not waive its right to pursue the proposed Service Rate adjustment, provided that the parties understand and agree that the effective date of a Rate adjustment may be delayed in order to provide the City adequate time to review and act upon the information presented (including any time periods needed for Proposition 218 processing if applicable).
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16.2 Proposition 218 Generally. To the extent applicable, adjustments and/or increases to the Service Rates, including extraordinary requests, requests based on increased costs of providing service passed-through the Service Rates, and any other request for rate increases under this Agreement, are strictly subject to the assent of the City and compliance with Proposition 218 and Government Code Section 53756. The City intends to comply with all Applicable Laws (including without limitation Proposition 218 to the extent the City maintain s the position that Proposition 218 is applicable to the Services Rates) concerning the setting of adjustments to the Service Rates under this Agreement. Should a majority protest exist for any requested Service Rate increases to which Proposition 218 is a pplicable, Contractor acknowledges that City may not proceed to implement such requested increase.
a. Failure of Service Rate Passage . If a majority protest hearing or other application of Proposition 218 prevents a proposed adjustment to Service Rates and/or increase from being implemented, the dispute resolution process described in Section 16 .4 below shall apply.
b. Decreases in Service Rates. Decreases in Service Rates to an amount less- than those set in a Proposition 218 approved Service Rate Schedule do not require a majority protest process or any other notice other than that notice to the City described in Section 16.1.b.
16.3 Annual Inflationary Rate Adjustments (CPI) Subject to Government Code § 53756.
Subject to adoption in accordance with Proposition 218 and this Agreement, the Service Rates may be adjusted to account for annual inflationary increases to all Service Rates for Residential, Multi- Family and Commercial Premises Customers in an amount equ al to the annual percent change in the Consumer Price Index ("CPI"). This annual CPI adjustment will be calculated as an average over the 12-month period ending December 31 of the year prior to the date the CPI adjustment is to take effect. However, no annual CPI adjustment to Service Rates shall exceed a 5% maximum.
Should any year be greater than the 5% cap, that amount in excess will not be held over to subsequent contract years. Any fees, charges, or surcharges paid to the City, including, without limitation, the Franchise Fees and administrative fees under Section 9, shall not be included in the 5% Service Rate cap and shall be passed-through to Customers by Contractor. a. Annual CPI adjustments to the maximum Service Rates can occur automatically over a five (5) year period pursuant to the following requirements:
i. The CPI adjustment may take effect only after the Service Rates schedule has first been adopted and passed pursuant to a Proposition 218 hearing and/or protest process. To this end, the CPI adjustment shall start to accrue consistent with Government Code § 53756, such that the CPI adjustments may not exceed a period of five (5) years. ii. Commencing from the date of adoption for the Service Rates, CPI adjustments shall continue automatically on a year-to-year basis for a period not to exceed five (5) years after the date the rate schedule subject to adjustments were adopted in accordance wi th Proposition 218.
iii. At the end of the five -year period, there shall be no further CPI escalations or other automatic adjustments to the maximum Service Rates unless or until further automatic adjustments are adopted through a subsequent Proposition 218 process as required by Government Code § 53756.
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iv. Contractor shall give notice of automatic inflationary adjustments in accordance with Government Code § 53756. Further, if during any five (5) year period of automatic CPI adjustments Contractor requests new, non -inflationary increases to the Service Rates (e.g., extraordinary adjustments, or adjustments to cover new programs or legal requirements), then such request shall be subject to a new Proposition 218 majority protest process, which if successful may restart start the five (5) year period for automatic adjustments.
16.4 Resolution of Disputes Regarding Rate Adjustments . Upon any dispute regarding the computation or implementation of proposed Service Rate adjustments, invoices to City for Landfill Disposal Fees or Organics Waste Disposal Fees, or any other dispute regarding Contractor’s reimbursement for fees, billing, or Service Rates, the contesting party shall notify the other of such dispute in writing within thirty (30) days of being noticed of the disputed issue.
Within fifteen (15) days of receiving notice of a disputed rate or fee issue, either party shall have the right to request in writing that the parties negotiate in good faith possible reductions in programs, services, or alternate fee strategies to resolve such dispute. If the parties fail to complete a negotiated resolution within one hundred eighty days ( 180) from a request for negotiation, the parties (either Contractor or City, as appropriate) may initiate the dispute procedures in accordance with Sections 10 and 11 hereof.
16.5 Customer Participation . The City and Contractor hereby acknowledge that the Contractor has based its Residential, Multi -Family and Commercial Premises Service Rates in Exhibit “C” and its expectation of meeting AB 939 and SB 1383 goals upon the full participation of all Customers in the Recycling Materials and Organic Waste services described herein. The City and Contractor agree to consider reasonable modifications to this Agreement in the event less than adequate Customer participation is achieved, including but not limited to the imposition of fines or penalties against Premises required by law to arrange for AB 939 and SB 1383 Regulatory compliant services that decline or neglect to participate in such programs.
16.6 Organics Waste Disposal/Processing Rate. Contractor, or its affiliate, shall directly bill the City monthly separately from the Contractor Service rates for Organics waste processing based on the following: The total rate per ton , as specified by Exhibit “C”, includes all costs associated with the transportation from the City to the processing facility (excluding residual), and actual per ton cost charge imposed by the processing facility. Contractor shall submit to the City, on or before February 15, prior to the effective date of the rate adjustment, information in support of the adjustment. The City agrees to promptly review Contractor’s request, and to undertake all actions required to timely implement the requested adjustment by July 1, 2026 and each July 1, thereafter. The requested adjustment will be reviewed and acted on by the City on or before the second City Council meeting prior to the effective date of the adjustment, and the City’s approval may not be withheld unreasonably; provided, however, that the Contractor acknowledges that adjustments may be subject to Proposition 218 requirements. Contractor shall be entitled to pass through to the City all reasonable and documented costs associated with Organics waste processing, including but not limited to transportation, tipping, and processing fees incurred as a result of compliance with State law or regulatory requirements. The City shall be responsible for payment of such Pass-Through Costs, notwithstanding that such costs may not yet be reflected in the current solid waste collection rates. The City shall undertake the necessary Proposition 218 proceedings as soon as practicable to incorporate these costs into the approved rate schedule. The organics waste annual rate adjustment will be based on the cost per ton, contamination fees, and 467
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other such related charges by the Organics waste processing facility. The annual adjustment to the Organics Waste Disposal/Processing Rate shall not be subject to the Service Rate cap.
17. DISPOSAL FACILITY RATES
Contractor or its affiliate shall, separately from the Contractor’s other services billed to the City under this Agreement, directly bill the City on a monthly basis the then-applicable per ton fee for transfer and disposal services multiplied by the total monthly tons delivered to the Disposal Facility (the “Disposal Fee”). The Disposal Fee includes all costs associated with the transportation from the City to the Disposal Facility, actual disposal operations, Riverside County import fees, and State Integrated Waste Management fee.
18. COLLECTION EQUIPMENT
18.1 Sufficient Fleet; Equipment Inspections Generally . Contractor shall provide an adequate number of vehicles and equipment for the collection, transportation, Recycling, and Disposal of Discarded Materials for which it is responsible under this Agreement. The equipment of Contractor used under this Agreement shall be subject to inspection by City at a reasonable time and during normal business hours on a semi -annual basis, but shall not be subject to any permit fees therefore. All vehicles and Containers used to perform this Agreement shall be kept clean and in good appearance, in good repair and will be uniformly painted to the reasonable satisfaction of the City Manager.
18.2 Collection Hours. Collection vehicles shall not engage in collection of Discarded Materials in the City outside the hours of 6:00 a.m. and 7:00 p.m. on Business Days.
18.3 Collection Vehicle Standards. All collection vehicles shall conform to the highest industry standards and shall be maintained in a clean and efficient condition. a. Air Qualit y. All collection vehicles shall comply with all applicable provisions of South Coast Air Quality Management District Rule 1193(d), including the implementation schedule set forth in Rule 1193(d)(4)(A) where applicable. All collection vehicles shall comply with the State Vehicle Code, including but not limited to California Vehicle Code Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code Sections regarding smog equipment requirements.
b. CHP Inspections. The City shall receive pre-inspection notice and may elect to observe any inspection of collection vehicles by the California Highway Patrol (CHP); all certificates issued by the CHP in the course of CHP vehicle inspections shall be submitted to the City Manager following the Effective Date of this Agreement and upon each anniversary date during the Term of this Agreement.
c. DMV Registration. All vehicles used by Contractor under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. A sufficient supply of parts must be kept on hand to ensure timely and continuous fulfillment of this Agreement.
18.4 Correction of Defects. Following any inspection, the City Manager shall have the right to reasonably require Contractor to take out of service any equipment not in good working order and cause Contractor to recondition or replace any equipment reasonably found to be unsafe 468
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or unsanitary within thirty (30) days of notification of defect in such equipment. The City Manager's determination may be appealed to the City Council.
19. PUBLIC ACCESS TO CONTRACTOR; CONTRACTOR’S
PERSONNEL
19.1 Office Hours; Local Office. Contractor shall maintain a "local" office in a location within fifteen (15) miles of the City boundary. Contractor’s office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily on all collection days. A representative of Contractor shall be available during office hours for communication with the public at Contractor’s office or at Contractor’s regional call center. In the event that normal business problems cannot be rectified over the telephone, a representative of Contractor shall agree to meet with the Customer at a location agreeable to Contractor and the Customer. Contractor shall maintain a local or toll free telephone number during both normal office hours and after -hours, and an answering service during all hours other than normal office hours.
19.2 Service Complaints.
a. All Customer complaints shall be directed to Contractor . Contractor shall record all complaints received by mail, by telephone, or in person (including date, name, address of complainant, and nature of complaint) and what action was taken to resolve the complaint.
Contractor shall maintain all such records and make them available for inspection by the City upon request. Contractor agrees to use its best efforts to resolve all complaints by the close of the next Business Day following the date on which such complaint is received. b. SB 1383 Complaints . Except with respect to contamination monitoring under Section 5 .8, Contractor shall commence an investigation, within ninety (90) days of receiving a complaint in the following circumstances: (i) upon Contractor receipt of a complaint that an entity may not be compliant with SB 1383 Regulations and if City determines th at the allegations against the entity, if true, would constitute a violation of SB 1383 Regulations; and, (ii) upon City request to investigate a complaint received by Cit y, in which City determines that the allegations against the entity, if true, would constitute a violation of SB 1383 Regulations.
Contractor is required to investigate complaints against Customers and Generators, but not against Food Recovery organizations or services, and other governmental entities regulated by SB 1383 Regulations. Any such investigation shall be a “desk review” of records collected and maintained by Contractor to determine the Customer’s compliance with SB 1383 Regulations.
19.3 Government Liaison Person. The Contractor shall designate a “government liaison person” who shall be responsible for working with the City Manager or the City Manager’s designated representative to resolve Customer complaints.
19.4 Community Involvement. It is the intent of this Agreement for the Contractor to be highly involved in community activities throughout the Term of this Agreement. The governmental liaison person identified by the Contractor shall be responsible to involve the Contractor in such activities as agreed upon between Contractor and the City Manager. a. The general nature of these current and future activities shall be events that benefit the community in ways recognized by the general population. Said participation shall, at the very least, meet current levels and increase proportionally with increases i n customers and as 469
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the years of the Franchise extend in the future. These examples are subject to change over time with the concurrence of the City Manager.
19.5 Contractor’s Personnel. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the services required by this Agreement in a courteous, safe and efficient manner. Contractor shall comply with and be governed by the law of the State of California having to do with working hours as set forth in the Labor Code of the State of California, as the same may be amended from time to time. a. Driver Qualifications . All drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.
b. Employee Appearance and Conduct. All employees, while engaged in the collection of Discarded Materials within the City or otherwise engaged in services described in this Agreement, shall be attired in uniform. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to perform the work as quietly as p ossible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all appropriate corrective measures. c. Safety Training. Contractor shall provide suitable operational and safety training for all its employees who use or operate vehicles or equipment for collection of Discarded Materials or who are otherwise directly involved in such collection. Contractor shall train its employees involved in Discarded Materials collection to identify, and not to collect, Excluded Waste and to properly handle Prohibited Container Contaminates. d. Safety. All work performed pursuant to this Agreement shall be performed in a manner that provides safety to the public and meets or exceeds safety standards outlined by the California Construction Safety Orders under the State of California Code of Regulations ("CAL-OSHA"). City reserves the right to issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported to City. Contractor shall instruct its employees to report immediately any Hazardous Wastes they obser ve within the City during the course of their work to the City.
e. No Gratuities . Contractor shall not permit its employees, affiliates or subcontractors to demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for the work performed by those employees or subcontractors pursuant to this Agreement.
20. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS
20.1 Complaint Review . A Customer dissatisfied with Contractor’s handling of a complaint may ask the City to review the complaint. To obtain this review, the Customer must request City review within thirty (30) days of receipt of Contractor’s response to the complaint, or within forty-five (45) days of submitting the complaint to the Contractor, if the Contractor has failed to respond to the complaint. The City may extend the time to request review for good cause. 470
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20.2 Contractor Review. Before reviewing the complaint, the City Manager shall refer it to the Contractor. If the Contractor fails to cure the complaint within ten (10) days or other such reasonable time if the compliant cannot reasonably be cured by Contractor within such ten (1 0) day period, the City Manager shall review the Customer’s complaint and determine if further action is warranted. The City Manager may request written statements from the Contractor and Customer, and/or oral presentations.
20.3 Complaint Remedy. The City Manager shall determine if the Customer’s complaint is unresolved and, if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of Customer charges related to the period of breach.
20.4 Duty Delegation. The City Manager may delegate these duties to a designee. The decision of the City Manager or designee shall be final on any matter under Five Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding Five Thousand Dollars ($5,000.00) or more, Contractor may seek review pursuant to Section 11 above.
21. OWNERSHIP OF WASTE
Once Discarded Materials are placed in a Container for collection, ownership shall transfer to Contractor, subject to the terms of this Agreement and by operation of law. Contractor is hereby granted the right to retain, Recycle, Compost, Dispose of, and o therwise use such Discarded Materials, or any part thereof, in any lawful fashion or for any lawful purpose desired by Contractor in accordance with Applicable Law. Subject to the provisions of this Agreement, Contractor shall have the right to retain any benefit or profit resulting therefrom. The Discarded Materials or any part thereof, which are delivered at a Facility shall become the property of the owner or operator of the Facility once delivered there by Contractor. At no time does City obtain any rig ht of ownership or possession of Discarded Materials placed for collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has such rights.
22. INDEMNIFICATION, INSURANCE AND BONDS
22.1 Indemnification of City. Contractor agrees that it shall protect, defend with counsel reasonably approved by City, indemnify, and hold harmless City, its officers, employees, and agents and at no cost to City, from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, (including reasonable attorney’s fees) (collectively “Claims”), to the extent attributable to Contractor’s acts or omissions in the performance of its obligations pursuant to this Agreement, except to the extent of the sole neg ligence or willful misconduct of the City, its officers, employees, agencies, or contractors. This provision is in addition to all other provisions of this Agreement and is intended to apply to Contractor’s actions during the term of this Agreement and survive the end of the term of this Agreement.
22.2 Hazardous Substances Indemnification . Contractor shall indemnify, defend with counsel reasonably approved by City, protect and hold harmless City, its officers, employees, agents, and assignees, against all remediation and removal actions (including but not limited to attorney’s and expert witness fees) incurred or suffered by, or asserted against, City or its officers, employees, agents, or Contractors arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial or response, plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Wastes 471
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or Hazardous Substances at any place where Contractor disposes of Solid Waste pursuant to this Agreement. Nothing in this Agreement shall be construed as the City directing or arranging for the disposal of Hazardous Wastes or Hazardous Substances, whether or not such Wastes/Substances are inadvertently collected or commingled with Solid Waste, Recyclable Materials or Organic Materials. Nothing in this Agreement provides for the arrangement of Excluded Waste. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 U.S.C. Section 9607 (e) and California Health and Safety Code Section 5364, to insure, protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions of this Agreement and is intended to apply to Contractor’s actions both during and prior to the term of this Agreement and survive the end of the term of this Agreement.
22.3 CalRecycle Indemnification. Subject to the requirements of Public Resources Code Section 40059.1, Contractor agrees to protect, defend, with counsel reasonably approved by the City, and indemnify City against all fines or penalties imposed by CalRecycle resulting from Contractor’s failure to perform its obligations under this Agreement, and such failure causes the City to not meet the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations. Subject to the scope of this indemnification, Contractor further agrees to appear and represent the City in any appeals, proceedings and/or litigation brought against City for alleged failure to comply with AB 939, AB 341, AB 1826, or SB 1383 resulting from Contractor’s failure to perform its obligations under this Agreement.
22.4 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. a. General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office current form CG 00 01, in an amount not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
b. Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 20 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than Five Million Dollars ($5,000,000.00) combined single limit for each accident.
c. Workers’ compensation insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least Five Million Dollars ($5,000,000.00)).
d. Pollution Liability Insurance . Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remedi ation. The policy limit shall be no less than Five Million Dollars ($5,000,000.00) per claim and in the aggregate. The policy shall provide coverage for the hauling 472
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of waste from the project site to the final disposal location, including non -owned disposal sites (NODS).
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall cont ain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall provide for a duty to defend on the part of the insurer. With respect to General Liability, and Con tractors Pollution Liability, coverage should be maintained for a minimum of (5) five years after contract completion.
22.5 General Insurance Requirements.
a. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. b. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to inspect, but not retain any copies of, complete, certified copies of all required insurance policies, at any time.
c. Duration of Coverage . Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. d. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured. Any umbrella or excess insurance shall not have any exclusions or conditions that delete coverage from the primary policy. e. City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement or declare a default hereof.
f. Waiver of Subrogation . All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive 473
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their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
g. Enforcement of Contract Provisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
h. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits tha n the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
i. Notice of Cancellation . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation of coverage for each required coverage.
j. Additional Insured Status. General liability and automobile 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, using ISO CG 20 10 and CG 20 37, or equivalents. 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 City-approved in writing. l. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass Through Clause . Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. n. Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
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o. Self-Insured Retentions. Any self-insured retentions must be declared Self- insurance will not be considered to comply with these specifications unless approved by City. p. Timely Notice of Claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the services hereunder.
22.6 City Business License. Chapter 14, Title 4, of the Chino Municipal Code requires Contractor to acquire a no fee City Business License as a condition precedent to operating as a contractor within the City.
23. CONTRACTOR’S AND CITY’S BONDS AND RECORDS;
AUDITS
23.1 Record Maintenance. Contractor and City shall maintain in auditable form certain records specifically relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts receivable records, maps, AB 939 and SB 1383 compliance records, and Customer complaints, for the full Term of this Agreement, and an additional period of not less than three (3) years after the expiration or earlier termination of this Agreement. The City or the Contractor shall have the right, upon five (5) Business Days advance notice, to inspect all maps, AB 939/SB 1383 compliance records, Customer complaints, and other records collected and maintained by Contractor related to its performance of this Agreement or records collected or maintained by City which reasonably relate to either party’s compliance with the provisions of this Agreement. Such records shall be made available for review to either party at such party’s regular place of business.
23.2 Underpayment and Overpayment of Fees . Should examination or audit of either party’s records reveal an underpayment or overpayment of any fee required under this Agreement, the amount of such underpayment or overpayment shall become due and payable to the other party with interest at the legal rate of seven percent (7%) not later than fifteen (15) days after written notice of such underpayment or overpayment is sent to either party. Should any underpayment or overpayment of more than three percent (3%) be discovered, the responsible party shall bear the entire cost of the audit.
24. GENERAL PROVISIONS
24.1 Force Majeure. Contractor shall not be in default under this Agreement in the event that the collection, transportation, Recycling, Composting, and Disposal of Discarded Materials provided by the Contractor under this Agreement is interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, pandemics or epidemics (or the threat of such natural disasters), strikes, lockouts, and othe r labor disturbances, or other catastrophic events which are beyond the reasonable control of Contractor. Other catastrophic events do not include the financial inability of the Contractor to perform or failure of the Contractor to obtain 475
01225.0014 1066780.6 60
any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the negligent acts or omissions of the Contractor.
In the event of strikes, lockouts, and other labor disturbances, Contractor shall use best efforts, including without limitation of substitute personnel and drivers, to provide services at the frequency and scope necessary to protect human health and the e nvironment to the extent reasonable under the circumstances.
24.2 Independent Contractor. Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and sub-contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, employees, agents, or sub -contractors shall obtain any rights to retirement or other benefits which accrue to City employees.
24.3 Pavement Damage . Contractor shall be responsible for any damage due to Contractor’s negligence to City’s driving surfaces, whether or not paved, resulting from vehicles providing services pursuant to this Agreement, and driving surfaces at the location of bins, roll - offs, and containers on public or private property, normal wear and tear excluded.
24.4 Property Damage. Any physical damage to public or private property, or other City property caused by the negligent or willful acts or omissions of Contractor, its employees, agents, or sub-contractors shall be repaired or replaced by Contractor at its cost.
24.5 Right of Entry . Contractor shall have the right, until receipt of written notice revoking permission to pass is delivered to Contractor, to enter or drive on any public or private street, court, place, easement, or other private property necessary for the purpose of providing the collection, transportation, Recycling, Composting, and Disposal of Discarded Materials pursuant to this Agreement.
24.6 Law to Govern; Venue . The law of the State of California shall govern this Franchise Agreement without reference to its conflicts of laws principles. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino.
In the event of litigation in U.S. District Court, exclusive venue shall lie in the Central District of California.
24.7 Changes in Law and Amendment. This Agreement is intended to assist the City in carrying out its obligations to comply with the provisions of the California Integrated Waste Management Act of 1989 (AB 939, AB 341, AB 1826, and SB 1383) as may from time -to-time be amended, and as implem ented by regulations of CalRecycle, as they, from time to time, may be amended. In the event that any Applicable Laws or other State or Federal laws or regulations enacted after this Agreement has been executed, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such revised Applicable Laws. Except as otherwise provided herein, no other amendment of this Agreement shall be valid unl ess in writing duly executed by the parties. In the event of any such change in law that impacts Contractor’s performance under this Agreement Contractor shall be entitled to a rate adjustment in accordance with Section 16.1. 476
01225.0014 1066780.6 61
The City and Contractor agree that Contractor’s obligations and/or scope of services under this Agreement exclude any existing requirements regarding the future conversion of fleets, or any part thereof, to Zero -emissions (ZEV) or Near -zero-emissions (NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under Applicable Law, including without limitation Sections 2015 et seq. of Title 13 of the California Code of Regulations. Should such existing Applicable Law apply to any Contractor’ s vehicles used in the provision of services under this Agreement during the Term, then the City and Contractor agree to meet and confer in good faith to amend this Agreement to incorporate provisions and obligations reasonably necessary to comply with such Applicable Law, and Contractor shall be entitled to a rate adjustment in accordance with Section 16 .1 for such change in Contractor’s obligations and/or scope of services under this Agreement. In the event the City determines it is necessary to hire a qu alified professional to review a rate adjustment related to the foregoing for acquisition and/or use of ZEV or NZEVs vehicles under Applicable Law, including any necessary infrastructure, City and Contractor shall equally share the cost of the qualified pr ofessional’s review in an amount not to exceed Fifty Thousand Dollars ($50,000.00); provided that prior to commencing any such review the qualified professional shall agree to a reasonable non -disclosure agreement with Contractor to protect Contractor’s pr oprietary, confidential, and trade secret information and subject to California privacy rights to the extent permitted under Applicable Law. Any such non -disclosure agreement shall not preclude the qualified professional from providing workpapers to, or disclosing any such information to, the City. City agrees to protect any such proprietary, confidential, and trade secret information from public disclosure.
24.8 Notices. All notices, demands, requests, proposals, approvals, consents, and other communications that this Agreement requires, authorizes, or contemplates must be in writing and must either be personally delivered to a representative of the Party at the address se t forth below, or be deposited in the United States mail, first class postage prepaid, addressed as follows:
To City: City of Chino
Attn: Public Works Director
13220 Central Ave.
Chino, CA 91710
(909) 334-3250
To Contractor: USA Waste of California, Inc.
Attn: District Manager
13793 Redwood Street
Chino, CA 91710
with copy to: USA Waste of California, Inc.
9081 Tujunga Avenue
Sun Valley, CA 91352
Attention: Assistant General Counsel
The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this Section. Each Party shall deliver all notices by personal delivery, nationally recognized overnight courier (with all fe es prepaid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return 477
01225.0014 1066780.6 62
receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only: 1) upon receipt by the receiving party and 2) if the party giving the notice has complied with the requirements of this Section.
24.9 Savings Clause and Entirety . If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or un-enforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
24.10 Exhibits Incorporated. Exhibits “A” through “G” are attached to and incorporated into this Agreement by reference.
[Signatures on Following Page]
478
01225.0014 1066780.6 63
IN WITNESS WHEREOF, Contractor and the City have executed this agreement in Chino, California, on _________, 2025.
Approved as to Content:
By: _________________________
Hye Jin Lee
Director of Public Works
Date:________________________
CITY OF CHINO:
By: _________________________
Linda Reich
City Manager
Date: ________________________
Attest:
By: _________________________
Natalie Gonzaga
City Clerk
Date: ________________________
Approved as to Form:
By: _________________________
Fred Galante
City Attorney
Date:________________________
USA WASTE OF CALIFORNIA, INC.
____________________________
Print Name, Title
____________________________
Signature
___________________________
Date
____________________________
Print Name, Title
____________________________
Signature
___________________________
Date
EXHIBITS
Exhibit A: City Limits
Exhibit B: Special Wastes
Exhibit C: Schedule of Rates
Exhibit D: Approved Facilities
Exhibit E: Education Plan
Exhibit F: Accepted Recyclable Materials
Exhibit G: Waste Management Sweeping
479
EAST ENDROSWELLPIPELINENORTONRAMONAYORBAMONTEVISTATELEPHONECENTRALVERNONBENSONOAKSMAGNOLIAMOUNTAINCYPRESSSAN ANTONIOFERNEUCLIDMAYHEWRINCONMEADOWSMILLCREEKMAINFLIGHTHELLMANVAN VILETCARPENTER 4100370039004300450047004900570055005300510059006100630065006700690071007300750077007900810083008500870089009100
PIPELINE AVEYORBA AVEOAKS AVE EUCLID AVE
EAST END AVEMOUNTAIN AVEBENSON AVENORTON AVE5TH ST9TH ST10TH ST FERN AVEMAIN ST6TH STVERNON AVERAMONA AVE12TH STROSS AVE7TH ST2ND STMILL CREEK AVEGROVE AVECARPENTER ST
RUSSELL AVERINCON MEADOWS AVEVAN VILET AVECYPRESS AVEFALCON PLSERRA AVECOZZENS AVECARISSA AVE PIONEER AVESAN ANTONIO AVESANTA ANA PLGUN AVEAMSTERDAM AVEBACA AVENAPA DRREDWOOD AVELA PALMA DRHOLLY AVEVISTA AVEPURDUE AVEROSWELL AVECEDAR AVEORGREN STJOSHUA LNJALEPENOAVESIERRABONITALNJASMINE DRSOLAIRE WAYCRYSTAL AVEOSTEGO LNCRAW AVE BEGONIA AVESNYDER AVEFARNDON AVE MEADO
DUNLAP AVEMARSHALL AVEORGREN AVEACACIA AVEBALLESTROS AVEDUNLAP PLDAISY CTLEWIS AVESYCAMORE LNLESTER CTBRIARROSE LNEASY STAPPLE DRANTHONYPLDHARMONY AVECONCORD AVESHOLANDERAVEHARDING CTCOLONY AVEYORBA CTARLINLILAC STWEBSTERCTBUTTERFIELD PLELLIOT AVELEMON PLPERAL AVEOIAAVELESTERAVELESTER PLMUIR CTJACARANDA PLTIOGA CTSILKLEAF AVETAWNY RDREDWOOD CTCRAIN CT LOYOLA WAYRUSSELL AVEVERNON AVELIME PL JOHNSON AVETELEPHONE AVESAN ANTONIO AVESAN MARCOS PLNORTON AVECONCORD CTTELEPHONE AVEONAVE4TH STLEWIS AVE17TH ST12TH ST3RD STYORBA AVE MOUNTAIN AVECYPRESS AVEFARNDON AVEROSWELL AVE12TH STCYPRESS AVETELEPHONE AVE10TH ST3RD STFERN AVELESTER AVENORTON AVE16TH STLIME PL7TH ST EAST PRESERVE LOOP [[(((( (!!##GGíí
EVENEVENODDODD
480
EXHIBIT B
SPECIAL WASTES
• Flammable Waste
• Containerized Waste
(e.g. drum, barrel, portable tank, box, pail, etc.)
• Waste transported in a bulk tanker
• Liquid Waste
• Sewage Sludge
• Waste from pollution control process and/or industrial process
• Residue and debris from a cleanup of a spill or release of chemical substances, commercial products or any other special wastes.
• Contaminated soil, waste residue, debris, and articles from cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes.
• Dead animals and/or slaughterhouse waste
• Wastewater
• Explosive Substances
• Radioactive Materials
• Hazardous materials as defined by state and federal law
• Friable and/or non-friable asbestos waste
• Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides
• Waste which is prohibited from disposal at a Class III Landfill
• Waste which has been rejected from disposal at a landfill 481
RESOLUTION NO. 2025-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, CONFIRMING THE ANNUAL ADJUSTMENT TO THE
INTEGRATED WASTE MANAGEMENT SERVICE RATES EFFECTIVE
JULY 1, 2025
WHEREAS, the City of Chino ("City") entered into a franchise agreement with USAWaste of California, Inc., dba Waste Management ("Franchisee"), for the provision of integrated waste management services, including the collection and disposal of refuse, recyclables, and organic waste, effective May 16, 2017; and
WHEREAS, the franchise agreement allows for annual adjustments to the service components of the rates based on changes in the Water, Sewer, Trash (WST) Index; and WHEREAS, for the 12-month period from December 2024 through December 2025, the WST Index increased by 4.99%; and
WHEREAS, in accordance with the franchise agreement, a 4% adjustment, the maximum allowed under the contract, has been applied to the service components of the rates for commercial/industrial, compactor, residential, and ancillary services, as detailed in the updated rate schedule (Exhibit A); and
WHEREAS, the disposal components of the integrated waste management rates, specifically landfill tipping fees and green/organic waste processing fees, are based on actual historical tonnage and vendor rates, and are passed through to customers to ensure full cost recovery; the landfill tipping fees are set by Riverside County, and the green/organic waste processing rates are established by the designated processor under contract with the Franchisee; and
WHEREAS, the City has complied with the procedural requirements of Proposition 218, including the provision of mailed notice to affected ratepayers and the opportunity for public comment during a duly noticed public hearing held on June 6, 2023, regarding the proposed rate adjustments; and
WHEREAS, the adjusted rates are necessary to ensure full cost recovery for landfill disposal, green waste processing, utility billing, and compliance with State-mandated recycling and diversion programs, thereby maintaining the fiscal sustainability of the City's integrated waste management system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY RESOLVE AS FOLLOWS:
Exhibit C - Schedule of Rates
482
RESOLUTION NO. 2025-020
PAGE 2 of 3
1. Confirmation of Rate Adjustment. The City Council hereby confirms and approves a 4% increase to the service components of the integrated waste management service rates, effective July 1, 2025, as outlined in the updated rate schedule attached hereto as Exhibit A.
2. Franchise Agreement Compliance. The rate adjustment is consistent with the terms of the franchise agreement between the City and the Franchisee, specifically the provision allowing for annual adjustments based on the WST Index, with a 4% cap.
3. Proposition 218 Compliance. The City Council finds that all procedural requirements of Proposition 218 have been satisfied, including the provision of notice and an opportunity for public input.
4. Effective Date. The fees shall take effect on July 1, 2025.
APPROVED AND ADOPTED THIS 20thDAY OF MAY 20
ATTEST:
NATALIE GONZAGA, CITY CLERK
483
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §.
CITY OF CHINO )
RESOLUTION NO. 2025-020
PAGE 3 of 3
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 20thday of May 2025, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
LUCIO, FLORES, COMSTOCK, BURTON
NONE.
ULLOA
Attachment: Exhibit A- Schedule of Rate Integrated Waste Management Services 484
FiscalYear 2025-26 IntegratedWasteManagementServices
Residential, Commercial & Roll-Off Services (EffectiveJuly 1, 2025) Landfill & OrganicsTit: rningFee (Pass-Through) Current RiversideCountyDisposalFeeCommercial / Industrial (perton) $ 53.86 RiversideCountyDisposalFeeResidential (perton) $ 46.00
GreenWasteProcessingFee (perton) $ 99.20
ResidentialServiceOfferings Current
SingleFamilyRate (3-CartI 96-Gallon) $ 36.97
SeniorCitizenRate (3-Cart / 96or64-Gallon) $ 32.45
Low VolumeGeneratorRate (3-CartI 64-Gallon) $ 32.45
ResidentialServiceAncillar_yFees Current
AdditionalRefuseContainer $ 8.16
AdditionalGreenWasteContainer $ 3.18
AdditionalRecyclingContainer $ 4.46
FirstTimeDeliveryof Carts $ 14.72
Exchangeof Carts $ 24.49
BurnedCarts $ 121.71
Re-instatementDelivery $ 31.63
TemporaryBin Service (3-yard, 1-week) $ 159.57
ExtraTemporaryBin Pickup $ 37.65
BulkyItemPick-Up FirstItem $ 40.84
EachAdditionalItem $ 24.50
E-WastePick-Up $ 32.67
ResidentialSet-Up Fee $ 19.16
Resolution2025-020
FY 2025-26 Increase
55.83 3.7%
47.66 3.6%
108.33 9.2%
FY 2025-26 Increase
38.82 5.0%
34.06 5.0%
34.06 5.0%
FY 2025-26 Increase
8.49 4.0%
3.31 4.0%
4.64 4.0%
15.31 4.0%
25.47 4.0%
126.58 4.0%
32.89 4.0%
165.82 3.9%
39.16 4.0%
42.47 4.0%
25.48 4.0%
33.97 4.0%
19.93 4.0%
ScoutCollection l .5x theResidentialRate
ContaminationFee $ 16.38 $ 17.04 4.0%
OverageFee $ 27.30 $ 28.39 4.0%
CommercialServiceAncillar_yFees Current FY 2025-26 Increase TempBin 3-Yard, servicedlx $ 129.33 $ 134.50 4.0%
TempBin ExtraPickup $ 37.65 $ 39.16 4.0%
TempBin ExtraWeek $ 37.65 $ 39.16 4.0%
HaulandCal1 $ 36.34 $ 37.79 4.0%
CommercialBulkyItemPickup $ 38.18 $ 39.71 4.0%
CommercialValet $ 65.35 $ 67.96 4.0%
FirstTimeDeliveryof Bins (perbin)$ 18.89 $ 19.65 4.0%
Bin Exchange (perbin)$ 65.35 $ 67.96 4.0%
Lostor StolenBin $ 876.27 $ 911.32 4.0%
BurnedBin $ 490.20 $ 509.81 4.0%
Bin Repair ActualCost
ReplacementLock $ 43.71 $ 45.46 4.0%
ReplacementKey $ 8.38 $ 8.72 4.0%
OverageFee $ 92.58 $ 96.28 4.0%
ReinstatementDeliveryFee $ 145.10 $ 150.90 4.0%
CommercialSet-Up Fee $ 29.82 $ 31.01 4.0%
CommercialCartService $ 47.44 $ 49.34 4.0%
ContaminationFee $ 54.02 $ 56.18 4.0%
485
Resolution2025-020
CommercialServiceAncillarl'. Fees (Continued) Current FY 2025-26 Increase ExtraTrip Charge $ 102.77 $ 106.88 4.0%
ManualLockingLids Current FY 2025-26 Increase
Servicedlx perweek $ 14.64 $ 15.23 4.0%
Serviced2x perweek $ 24.12 $ 25.08 4.0%
Serviced3x perweek $ 33.58 $ 34.92 4.0%
Serviced4x perweek $ 43.10 $ 44.82 4.0%
Serviced5x perweek $ 52.55 $ 54.65 4.0%
Serviced6x perweek $ 56.41 $ 58.67 4.0%
Bin PushChargesMonthly, per Container Current FY 2025-26 Increase Feesapplybasedonservicefrequency, up to 6xperweek)
26-50 feet $ 12.28 $ 12.77 4.0%
51-75 feet $ 15.80 $ 16.43 4.0%
76-100feet $ 17.52 $ 18.22 4.0%
101-125feet $ 19.28 $ 20.05 4.0%
126-150feet $ 21.03 $ 21.87 4.0%
151-175feet $ 22.81 $ 23.72 4.0%
176-200feet $ 24.52 $ 25.50 4.0%
over200feet $ 26.26 $ 27.3l 4.0%
CommercialOrganicsService (64-Gallon Cart) Current FY 2025-26 Increase Servicedlx perweek $ 72.50 $ 75.40 4.0%
Serviced2x perweek $ 145.01 $ 150.81 4.0%
Serviced3x perweek $ 217.50 $ 226.20 4.0%
Serviced4x perweek $ 290.04 $ 301.64 4.0%
Serviced5x perweek $ 362.51 $ 377.0l 4.0%
Serviced6x perweek $ 435.03 $ 452.43 4.0%
OrganicsExtraPickup (percart)$ 111.09 $ 115.53 4.0%
Roll-Off Service Current FY 2025-26 Increase
Roll-OffDelivery Fee $ 105.60 $ 109.82 4.0%
Roll-Off Rental $ 195.34 $ 203.15 4.0%
Roll-Off Pick-Up $ 109.91 $ 114.31 4.0%
Disposal (5.3 tonsx Disposalfeeperton)$ 285.43 $ 295.90 3.7% OverageCharge (perton)$ 53.86 $ 55.83 3.7%
RecyclingAdminFee (13.67% perton)$ 7.36 $ 7.63 3.7%
ExtraTrip Charge (perbin)$ 105.71 $ 109.94 4.0%
RoiI-Off Set-Up Fee $ 29.82 $ 31.01 4.0%
Roll-Off Inactivity /MinimumPull Fee $ 189.62 $ 197.20 4.0% Roll-Off RelocationFee $ 102.17 $ 106.26 4.0%
Com(! actorService Current FY 2025-26 Increase
CompactorPickup $ 327.83 $ 340.94 4.0%
Disposal ( 7.5 tonsx Disposalfeeperton)$ 403.91 $ 418.73 3.7% RecyclingAdminFee (13.67% on7.5 tons)$ 55.21 $ 57.24 3.7% 486
487
FiscalYear 2025-26 Integrated WasteManagementServices
Commercial, Roll-Off, & CompactorServices
Commercial/Multi- Family Services ( RefuseOnly)
2 Cubic Yard Bin
ServiceFrequencyCollection Disposal Recycling Recycling Admin Fee
l $ 104.42 $ 24.17 $ 3.30 $ 0.26
2 $ 173.31 $ 48.35 $ 6.61 $ 0.52
3 $ 242.18 $ 72.53 $ 9.91 $ 0.78
4 $ 311.09 $ 96.70 $ 13.22 $ 1.04
5 $ 379.98 $ 120.87 $ 16.52 $ 1.30
6 $ 448.87 $ 145.05 $ 19.83 $ 1.56
ExtraPickup $ 43.83 $ 5.70 $ 0.78 $ 0.26
3 Cubic Yard Bin
ServiceFrequencyCollection Disposal Recycling Recycling Admin Fee
l $ 124.32 $ 36.28 $ 4.96 $ 0.26
2 $ 206.37 $ 72.53 $ 9.91 $ 0.52
3 $ 288.46 $ 108.79 $ 14.87 $ 0.78
4 $ 370.53 $ 145.05 $ 19.83 $ 1.04
5 $ 452.61 $ 181.32 $ 24.79 $ 1.30
6 $ 534.67 $ 217.58 $ 29.74 $ 1.56
ExtraPickup $ 46.92 $ 8.60 $ l.18 $ 0.26
4 Cubic Yard Bin
ServiceFrequencyCollection Disposal Recycling Recycling Admin Fee
1 $ 144.16 $ 48.35 $ 6.61 $ 0.26
2 $ 239.32 $ 96.70 $ 13.22 $ 0.52
3 $ 334.48 $ 145.05 $ 19.83 $ 0.78
4 $ 429.66 $ 193.41 $ 26.44 $ 1.04
5 $ 524.80 $ 241.77 $ 33.05 $ 1.30
6 $ 619.97 $ 290.10 $ 39.66 $ 1.56
ExtraPickup $ 50.01 $ 11.40 $ 1.56 $ 0.26
5 Cubic Yard Bin
ServiceFrequencyCollection Disposal Recycling Recycling Admin Fee
l $ 164.11 $ 60.45 $ 8.26 $ 0.26
2 $ 272.40 $ 120.87 $ 16.52 $ 0.52
3 $ 380.70 $ 181 .32 $ 24.79 $ 0.78
4 $ 488.98 $ 241.77 $ 33.05 $ 1.04
5 $ 597.27 $ 302.21 $ 41.31 $ 1.30
6 $ 705.59 $ 362.63 $ 49.57 $ 1.56
ExtraPickup $ 53.11 $ 14.27 $ 1.95 $ 0.26
Monthly
Rate
132.15
228.79
325.40
422.05
518.67
615.31
50.57 Monthly
Rate
165.82
289.33
412.90
536.45
660.02
783.55
56.96 Monthly
Rate
199.38
349.76
500.14
650.55
800.92
951.29
63.23 Monthly
Rate
233.08
410.31
587.59
764.84
942.09
1,119.35
69.59 488
Fiscal Year 2025-26Integrated WasteManagementServices
Commercial, Roll-Off, & CompactorServices
Commercial/Multi- Family Services ( RefuseOnly) Continued 6 Cubic Yard Bin
ServiceFrequencyCollection Disposal Recycling Recycling Admin Fee
1 $ 183.98 $ 72.53 $ 9.91 $ 0.26
2 $ 305.40 $ 145.05 $ 19.83 $ 0.52
3 $ 426.81 $ 217.58 $ 29.74 $ 0.78
4 $ 548.23 $ 290.10 $ 39.66 $ 1.04
5 $ 669.66 $ 362.63 $ 49.57 $ 1.30
6 $ 791.08 $ 435.15 $ 59.49 $ 1.56
ExtraPickup $ 56.20 $ 17.11 $ 2.34 $ 0.26
CommercialCompactorService
2 Cubic Yard Compactor
ServiceFrequencyHandling Collection Disposal Recycling
Charge Admin
1 $ 30.82 $ 104.41 $ 72.53 $ 9.91
2 $ 51.38 $ 173.28 $ 145.06 $ 19.83
3 $ 71.95 $ 242.17 $ 217.58 $ 29.74
4 $ 92.51 $ 311.04 $ 290.10 $ 39.66
5 $ 114.02 $ 379.94 $ 362.63 $ 49.57
6 $ 133.63 $ 448.82 $ 435.18 $ 59.49
ExtraPickup $ 30.82 $ 43.83 $ 17.10 $ 2.34
3 Cubic Yard Compactor
ServiceFrequencyHandling Collection Disposal Recycling
Charge Admin
1 $ 30.82 $ 124.31 $ 108.78 $ 14.87
2 $ 51.38 $ 206.38 $ 217.58 $ 29.74
3 $ 71.95 $ 288.43 $ 326.37 $ 44.61
4 $ 92.52 $ 370.49 $ 435.18 $ 59.49
5 $ 114.02 $ 452.55 $ 543.95 $ 74.36
6 $ 133.63 $ 534.61 $ 652.75 $ 89.23
ExtraPickup $ 30.82 $ 46.94 $ 25.69 $ 3.51
4 Cubic Yard Compactor
ServiceFrequencyHandling Collection Disposal Recycling
Charge Admin
1 $ 30.82 $ 144.16 $ 145.06 $ 19.83
2 $ 51.38 $ 239.34 $ 290.10 $ 39.66
3 $ 71.95 $ 334.50 $ 435.18 $ 59.49
4 $ 92.52 $ 429.68 $ 580.22 $ 79.32
5 $ 114.02 $ 524.85 $ 725.28 $ 99.15
6 $ 133.63 $ 620.01 $ 870.33 $ 118.97
ExtraPickup $ 30.82 $ 50.01 $ 34.24 $ 4.68
Monthly
Rate
266.68
470.80
674.91
879.03
1,083.16
1,287.27
75.91 Recycling Monthly
Fee Rate
0.26 $ 217.93
0.52 $ 390.07
0.78 $ 562.22
1.04 $ 734.35
1.30 $ 907.46
1.56 $ 1,078.68
0.26 $ 94.35
Recycling Monthly
Fee Rate
0.26 $ 279.04
0.52 $ 505.60
0.78 $ 732.14
1.04 $ 958.72
1.30 $ 1,186.18
1.56 $ 1,411.78
0.26 $ 107.22
Recycling Monthly
Fee Rate
0.26 $ 340.13
0.52 $ 621.00
0.78 $ 901.90
1.04 $ 1,182.78
1.30 $ 1,464.59
1.56 $ 1,744.50
0.26 $ 120.01
489
FiscalYear2025-26IntegratedWasteManagementServices
Commercial, Roll-Off, & CompactorServices
Commercial/Multi-FamilyServices (RecycleOnly)
14CubicServiceFrequencyYardBin
1 $ 144.79
2 $ 240.56
3 $ 336.36
4 $ 432.15
5 $ 527.92
6 $ 623.73
Extrapickup $ 50.63
5Cubic 6Cubic
YardBin YardBin
164.87 $ 184.92
273.97 $ 307.28
383.04 $ 429.64
492.11 $ 551.98
601. 19 $ 674.35
710.28 $ 796.69
53.89 $ 57.14
Franchise Fees Paid to the City = 10% of Gross Billings 490
Residential Rate Components
Residential Calculation Current Proposed
Residential Landfill 26,688 27,222 tons Green Waste / Organics 11,352 11,579 tons Landfill Tipping Fee $ 46.00 47.66$ cost per ton Organics Tipping Fee $ 99.20 108.33$ cost per ton Residential Service 22,497 22,497 accounts Est. Annual Landfill Costs 1,297,389$
12 months 12$
accounts 22,497$
Landfill Component 4.81$
Est. Annual Organics 1,254,336$
12 months 12$
accounts 22,497$
Organics Component 4.65$
Fiscal Year 2025-26
(New Rate Structure) 3-Cart Senior
1. Landfill 4.81$ 3.12$
2. Organics 4.65$ 4.65$
3. WM Service Fee 20.76$ 18.75$
4. Franchise Fee 12.5% 3.78$ 3.18$
5. Billing Fee 2.68$ 2.68$
6. Recycling Admin Fee 2.15$ 1.68$
Proposed Rate 38.82$ 34.06$
Current Rate 36.97$ 32.45$
Max per Proposition 218 39.19$ 34.40$
491
EXHIBIT D
APPROVED FACILITIES
Disposal Facility
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
33-AA-
0217 El Sobrante Landfill Riverside
Department of
Environmental Health
Transfer and Processing Facilities
Approved City Facilities
SWIS
Number Site Name County
Enforcement Agency
(LEA/EA)
19-AA-1127 Azusa Facility MRF Los Angeles
Department of Public
Health
19-AA-1128
Pomona Valley Transfer
Station Los Angeles
Department of Public
Health
36-AA-0441 Viramontes Express San Bernardino
Div. of Environmental
Health Services
54-AA-0026 South Valley Compost Site Tulare
Department of Health
Services, Division of
Environmental Health
ID #
XIC00011132
8 WM Pala Composting
Facility San Diego Pala Environmental Board
37-AA-0907 El Corazon Facility San Diego
Department of
Environmental Health and
Quality
492
EXHIBIT E
EDUCATION PLAN
ONGOING PROGRAMS
The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract.
Contractor will submit for review an Education Plan for City approval no later than August 1st for the next Calendar Year. The plan will include proposed education focused on service information and recycling guidelines for both residential and commercial customers. Schedule of when education material will be disseminated throughout the year, soc ial media post calendar, and community event participation.
(1) Communication Collateral . Various forms of literature will be distributed to the community annually. The collateral will remind residents what is accepted for recycling and organics, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics.
(2) Annual Assessment of Education & Outreach Efforts . Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.
(3) Community Events. Contractor will provide waste and recycling services, at no charge, in a continuing effort to support City programs and events. Contractor will attend public events and host booths to promote recycling education and awareness.
Contractor will work with City to identify which special events will be attended.
(4) Chamber, Civic Group Presentations. Contractor will reach out to the local Chamber of Commerce and service organizations to work with these organizations to complete presentations to the business community about available services and programs, education around state mandates (AB 341, AB182 6, and SB 1383) as well as the benefits of recycling services.
(5) Marketing Resources . Contractor will distribute video and images (social media education posts) geared towards residential and commercial customers annually to inform regarding special programs, recycling initiatives such as AB341, AB1826 and SB 1383 for city staff to incorporate in its traditional and social media platforms.
(6) Social Media. Contractor will use its presence on social media (Facebook, Twitter and/or Instagram) to provide real-time information about our local operations, enhance community conversations, promote recycling and engage more directly with customers and community organizations to address their questions. 493
Additional Contractor Education Tools
(7) Local Chino Website. Contractor will update with new service offerings local Chino website to inform the public about routing, services levels, program offerings (community cleanups, bulky waste collection, sharps program, etc.) proper cart usage, recyclable materials accepted, community events and information on environmental protection that will be updated on an on-going basis.
(8)
Recycling Rewards Program. Annually in celebration of America Recycles Day- Contractor will work with city staff to recognize two residential customers and one commercial customer at a November council meeting for being model recyclers by Recycle Right. Contractor will provide a gift basket along with a Recycling All Star Certificate.
(9)
Residential and Commercial Customer E-Newsletters (Electronic Newsletters). E- Newsletters provide a simple and effective method to educate residents and commercial customers about service changes, recycling and sustainability programs, or other important information. Both the Residential and Commercial E-Newsletters will be produced quarterly. The Commercial E-Newsletter will detail specific information regarding applicable State/City mandates.
(10) Recycle Right. Contractor will use this site to educate residents, businesses and multi-family on important recycling topics, and to offer tools that can be used to make recycling sustainable for future generations. Contractor will use https://www.wm.com/us/en/recycle-right to educate the community more about the changing world of recycling, industry news and trends.
Outreach Material for City Facilities
Communication Collateral. Contractor will make available copies of collateral material created for city staff distribution at city facilities for residential and commercial customers.
494
EXHIBIT F
ACCEPTABLE RECYCLABLE MATERIALS
RECYCLABLES must be dry, clean (free of food and liquid), loose (not bagged), unshredded, empty, and include only the following:
NON-RECYCLABLES include, but are not limited to the following:
Plastic bags and bagged materials (even
if containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates and
cups
Plastics not listed above including but not limited to
those with symbols #3, #4, #6, #7 and unnumbered
plastics, including utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and
multi-laminated materials
Needles, syringes, IV bags or other medical
supplies
Food waste and liquids, containers
containing such items
Textiles, cloth, or any fabric (bedding, pillows,
sheets, etc.)
Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates, and
paper cups
Any Recyclables less than 4” in size in
any dimension
Propane tanks, fuel cannisters
Batteries
Aluminum cans Newspaper
PET bottles with the symbol #1 – with
screw tops only
Mail
HDPE plastic bottles and containers
with the symbol #2 (milk jugs,
detergent containers, and shampoo
bottles, etc.)
Uncoated paperboard (ex. cereal boxes; food and
snack boxes)
PP plastic bottles and containers with
symbol # 5 (ex. yogurt containers,
syrup bottles)
Uncoated printing, writing and office paper
Steel and tin cans Old corrugated containers/cardboard (uncoated) (ex. moving boxes, pizza boxes)
Glass food and beverage containers –
any color
Magazines, glossy inserts and pamphlets
495
E
XHIBIT G
STREET SWEEPING
Contractor Responsibilities for Street-Sweeping Oversight
1. General Oversight and Contract Administration . The Contractor shall be responsible for the oversight, supervision, and administration of all street -sweeping operations to ensure compliance with the terms and conditions of this Agreement, the performance standards established by the City, and all applicable stormwater quality requirements under the City’s Municipal Separate Storm Sewer System (MS4) Permit. The Contractor shall designate a representative who will serve as the primary point of contact for City staff. This individual shall be responsible fo r contract management, operational oversight, MS4 - related compliance support, and performance evaluation.
2. Field Inspections and Performance Monitoring. The designated representative shall:
a)
Conduct regular field inspections to assess service performance, verify compliance with contractual obligations and MS4 Permit requirements, and ensure adherence to established schedules, cleaning routes, and service quality standards.
b) Review and analyze operational data, including route completion reports and service logs, to evaluate efficiency, effectiveness, and consistency with MS4 best management practices (BMPs).
c) Track and document resident complaints and service-related concerns, identifying patterns or recurring deficiencies to be addressed in coordination with City staff.
d) Recommend route or schedule adjustments, including operational modifications necessary to improve pollutant load reduction and ensure alignment with the City’s MS4 stormwater quality management goals, subject to City review and approval.
3. Resident Communication , Complaint Resolution, and MS4 -Related Response. The Contractor shall establish and maintain accessible communication channels for residents to submit street -sweeping-related complaints, including MS4 -related concerns such as debris accumulation, pollutants near gutters, or missed sweeping in storm drain -sensitive areas. Acceptable methods may include a dedicated hotline, email address, or online portal.
These channels shall be monitored daily to ensure timely responsiveness.
a) The Contractor’s customer service team shall be trained to efficiently process complaints, log all service requests, and serve as the liaison between residents and the street-sweeping operations team.
b) The Contractor shall ensure timely investigation and resolution of complaints, coordinating internally to address any deficiencies.
c) The Contractor shall conduct follow-up communications with complainants to confirm resolution and document feedback for continuous improvement.
496
4. Performance Tracking, MS4 Metrics, and Reporting. The Contractor shall track and report key performance metrics related to street-sweeping services, including but not limited to:
a) Total number of service requests and complaints received per month, including those with potential MS4 implications.
b) Categorization of complaints by type and frequency (e.g., missed routes, inadequate cleaning, debris left in gutters, pollutants accumulating near storm drain inlets).
c) Response and resolution times for complaints, including corrective actions taken and any preventive measures implemented to support MS4 compliance. d) Number and results of field inspections, including compliance assessments with performance standards and MS4 best management practices. e) Any modifications to routes or schedules, including justification for changes and any anticipated improvements to stormwater quality outcomes.
The Contractor shall compile these performance metrics into a monthly report submitted to the City. Each report shall provide a comprehensive analysis of service trends, highlight areas for improvement, and propose corrective actions as needed. The Contrac tor shall utilize data-driven insights to enhance operational efficiency, ensure accountability, and support continuous service improvement.
497
SUMMARY TABLE
Amended & Restated Agreement (2026) vs. Current Agreement (2018) Category
(note: sections are per the new Agreement)
New Agreement Current Agreement
Structure & Format (General) 60+ pages ✔Reorganized by SB 1383 compliance
✔ Detailed operational, enforcement & documentation
requirements
✔ Designed to track, report, & demonstrate regulatory
compliance
20 pages
- Simple collection contract
- Lacks compliance architecture
- Predates SB 1383 (regs adopted
2020)
- Operational language dominates
Self-Hauling / Exemptions
Section 2.64 - Definition (Self-Haul)
Section 4.3 - Scope of Franchise
subsections 4.3(a), (b), and (c)
✔ Expanded exemptions: edible food recovery, state
facilities, incidental debris removal, landscape provisions, emergency collections
✔Imposes SB 1383 restrictions on self-haulers
- Only mentions limited exemptions,
mostly landscaper green waste &
incidental C&D
Waivers
Section 5 - Waivers for Commercial / Multi-Family
Section 14.4(c) - Implementation Record
✔Waivers exist and are explicitly authorized
✔Waivers are based on SB 1383 regulations
✔City has approval authority
✔ WM provides supporting documentation
✔ WM provides 5-year regulatory re-verifications
✔ Documentation creates an audit-defensible record
✔ City approval required
✔ WM must assist and document
✔ Waivers are a mandatory element of SB 1383
- Only minor concepts
- NO waiver process
- NO criteria
- NO documentation
- NO enforcement authority
- NO linkage to any State regulation
- Contract is not compliant with SB
1383
Reporting Requirements
Section 14 - Reports & Adverse Information
14.1 - Quarterly Reporting
14.2 - Annual Reporting
14.3 - AB 939 Reporting
14.4 - SB 1383 Reporting
14.4(a) - Contamination Monitoring
14.4(b) - Compliance Report
14.4(c) - Implementation Record
14.4(d) - Other 1383 Data
✔ Quarterly / annual reports with tonnage, diversion, and performance data
✔ Full AB 939, AB 341, and AB 1826 compliance reporting ✔ Complete SB 1383 reporting for all required programs
✔ Contamination monitoring with route audits and tagged- cart data
✔ Compliance reports showing non-compliant customers
and enforcement actions
✔ A maintained SB 1383 Implementation Record for City
and State review
✔ Procurement credit data and edible food recovery
reporting
✔ Inspection, monitoring, and waiver documentation
✔ Facility disposition reports showing where all materials go
✔ Customer complaint logs and resolution summaries.
✔ Operational metrics, route performance, and corrective actions
✔ Gross receipts verification upon request
- Almost NO reporting structure
- Basic diversion and contamination
records only
- NO State-mandated reporting
references
- This agreement contains NO
procurement reporting, no edible
food reporting, no implementation
record, all required under State law
today
498
SUMMARY TABLE
Amended & Restated Agreement (2026) vs. Current Agreement (2018) Enforcement / Compliance
Section 5.8 - Contamination Monitoring
5.8(a) - Route Monitoring
5.8(b) - Prohibited Container Contaminants / Fees
Section 19.2 - SB 1383 Complaints
Section 24.7 - Changes in Law
✔ WM monitors routes, tags contaminated carts, and reports contamination
✔ WM identifies prohibited contaminants, conducts waste audits, and applies contamination fees when directed
✔ WM logs, investigates, and documents all SB 1383
complaints
✔ WM adjusts services as laws change to keep the City
compliant
✔ The City retains full enforcement authority; WM
provides data and support
✔ WM supplies required SB 1383 reporting and
documentation to assist City enforcement
- NO enforcement framework
- NO trigger or documentation
- NO contamination management
structure
- NO recordkeeping or notification
process
- NO concept of repeat violator
tracking
- NO link to compliance or
enforcement
- Does not support SB 1383
monitoring requirements
- NO smart truck technology
- NO compliance framework
- NO distinction between roles
Inspection / Monitoring
Section 5.8 - Contamination Monitoring
✔ City retains enforcement authority
✔ WM supports monitoring via documentation
✔ WM provides repeat-violation reporting
✔ City receives all evidence needed for SB 1383
compliance and audits
- NO inspection language other than
“record of non-collection”
- NO SB 1383 monitoring
requirements
Edible Food Recovery
Section 2.28, 2.31, and 2.34 - Definitions
Section 4.3(m) - Edible Food Recovery
Section 6.2(a) - General
Section 14.4 - SB 1383 Reporting
✔ Recognizes edible food as NOT trash
✔ Requires WM to cooperate with food recovery
organizations
✔ Provides SB 1383-compliant generator list
✔ Supports CalRecycle implementation records
✔ Educates generators on edible food prevention and
donation
✔ Enables nonprofits to operate without franchise
interference
- Contains zero references to edible
food
Franchise Fees & Administrative Fees
Section 9.1 - Franchise Fees
Section 9.2(b) - Billing Fees
Section 9.2(c) - Recycling Admin Fee
✔ Proposition 218-compliant structure
✔ City may adjust franchise fees through future Prop 218 processes
✔ Segregated revenue streams eliminate audit exposure
✔ Strong Prop 218 defensibility
✔ Billing Fee offsets City staffing, account management, and processing costs
✔ Recycling Admin Fee offsets costs for the unfunded
mandated programs
✔ Billing transparency enables rate stability & audit
compliance
- Fixed franchise fee of 10%
- Broad application, transparency
SB 1383 (embedded throughout)
Section 5(a) - Services Provided by Contractor
Section 5.1(e) - Mandatory Service Waivers
Section 5.10 - SB 1383 Compliance Reviews
✔ State mandates explicitly referenced (AB 939, 341, 1826, SB 1383)
- NO SB 1383 references (predates
the regulations)
499
SUMMARY TABLE
Amended & Restated Agreement (2026) vs. Current Agreement (2018) SB 1383 (cont.)
Section 10.4(3)(vi) - Liquidated Damages
Section 14.4 - SB 1383 Reporting
Section 19.2(b) SB 1383 Service Complaints
✔ Agreement includes required organics monitoring and
enforcement standards
✔Contract automatically aligns with future State law
changes
✔ Documentation obligations support CalRecycle audits
✔ Enforcement and reporting aligned with regulatory
language
✔ Procurement compliance fully integrated
✔ Clear, defensible waiver process (low-volume, space
constraints, self-haul).
- NO SB 1383 references (predates
the regulations)
Street Sweeping
Section 5.5(o) - Additional, Non-Regular Services
& Exhibit G
There is explicit street sweeping administration and
oversight language:
✔ Dedicated routing coordinator required
✔ Complaint resolution responsibility
✔ City access to direct contact
✔ Requirement for sufficient staffing
✔ Administration obligations clarified
- NO operational requirements
- NO performance standards
- NO monitoring, reporting, or
complaint process
- NO identified point of contact
- NO SB 1383 compliance tie-in
Procurement & Credits Organic Waste Products
Section 5.9 - Procurement of Recovered Organic
Waste Products
Section 5.9(a) - Procurement Credits
Section 14.4 - SB 1383 Report
✔ Fully compliant with SB 1383
✔ City CAN count procurement credits
✔ Enables partnerships with IEUA, schools, parks
✔ Requires documentation, verification, certification
✔ City Manager can execute procurement agreements
✔ Cost neutral
- NO procurement language
- NO SB 1383 compliance
- NO reporting, documentation, or
MOUs
- NO structure to count procurement
credits
500
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TO: LINDA REICH, CITY MANAGER
FROM: JACKIE MELENDEZ, ASSISTANT CITY MANAGER
SUBJECT
..titl e
Introduction of Ordinance No. 2025-010 Amending Chapter 6 of the Chino Municipal Code. ..end
RECOMMENDATION
..recommendation
Approve the introduction of Ordinance No. 2025 -010, amending Chapter 6 of the Chino Municipal Code to address the change in the City of Chino animal services provider, to read by number and title only, and waiving further reading of the ordinance. ..body
FISCAL IMPACT
No fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Superior Customer Service
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
501
CITY COUNCIL MEETING DATE: DECEMBER 16, 2025
TITLE: INTRODUCTION OF ORDINANCE NO. 2025 -010 AMENDING CHAPTER 6 OF THE CHINO MUNICIPAL CODE.
PAGE: 2
BACKGROUND
Chapter 6 of the Chino Municipal Code (CMC), which governs animal services, contains language that refers to the City’s previous animal services provider. The City recently transitioned its animal services to a new provider, the Animal Resource Center of t he Inland Empire (ARC). The ARC is a Joint Powers Authority between the Cities of Chino, Ontario, Montclair, Chino Hills, and the County of San Bernardino, providing comprehensive animal services to all member jurisdictions.
This Ordinance No. 2025-010 updates the CMC language to accurately reflect the City's current contractual agreement for animal services with the ARC. The revision addresses two primary necessities: first, to resolve internal inconsistencies within the CMC resulting from the change in service provider, thereby ensuring clarity for both residents and staff; and second, to modernize the chapter by replacing outdated terminology with inclusive, neutral language, ensuring regulatory consistency and compliance. The overall purpose of this ame ndment is to formally align the CMC with the current animal services operation and maintain modern legal standards.
ISSUES/ANALYSIS
The proposed Ordinance No. 2025 -010 will amend the following sections of Chapter 6 of the CMC:
6.04.030, 6.04.040, 6.04.50, 6.04.070, 6.04.080, 6.04.090, 6.04.100 6.08.010, 6.08.090, 6.08.100, 6.08.110, 6.08.120
6.12.010, 6.12.020
6.16.020, 6.16.060
6.20.020, 6.20.030, 6.20.040, 6.20.050, 6.20.060, 6.20.070, 6.20.100, 6.20.110 These amendments will clarify the code, en suring that the ARC can effectively serve the community as the City's designated animal services provider. This amendment will serve as a temporary measure while the ARC works to create a unified municipal code intended for adoption by all partnering agencies.
Therefore, it is recommended that the City Council approve the introduction of Ordinance No. 2025-010, amending Chapter 6 of the Chino Municipal Code to address the change in the City of Chino animal services provider, to be read by number and title only, and waiving further reading of the ordinance.
Attachment: Ordinance No. 2025-010
502
ORDINANCE NO. 2025-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING PROVISIONS OF
CHAPTERS 6.04, 6.08, 6.12, 6.16 AND 6.20 OF THE CHINO
MUNICIPAL CODE RELATING TO THE CITY'S ANIMAL
SERVICES PROCEDURES
WHEREAS, the City of Chino, California ("City") is a municipal corporation, duly organized under the California constitution and the laws of the State of California; and WHEREAS, the City has entered into a Joint Powers Agreement with the Cities of Ontario, Montclair, Chino Hills, and the County of San Bernardino to provide comprehensive animal services to its constituents; and
WHEREAS, the current Chino Municipal Code contains language that references a previous animal services provider, which no longer accurately reflects the City's current partnership; and WHEREAS, the current Chino Municipal Code contains gender-specific language, such as the use of pronouns like 'he' or references to titles like 'poundmaster', which do not reflect modern standards of inclusivity and gender-neutral terminology; and WHEREAS, the City has determined that it is necessary to amend the Municipal Code to reflect the current status of its animal services and its participation in the Joint Powers Agreement; and
WHEREAS, the proposed amendments to provisions within Chino Municipal Code Chapters 6.04, 6.08, 6.12, 6.16, 6.18 and 6.20 will generalize the language pertaining to animal services, thereby enabling the current service provider to more effectively serve the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. In the amended sections listed below, all additions are in bold underline, deletions in bold strikethrough.
SECTION 2. Section 6.04.030 of the Chino Municipal Code, entitled " Impoundment.” is hereby amended as follows:
"6.04.030 – Impoundment.
Whenever any of the animals referred to in Section 6.04.020 is found in any of the streets within the city, the poundmaster animal services provider shall take such animal in charge or cause it to be taken in charge, and put such animal in the public pound animal services facility of the city.”
503
ORDINANCE NO. 2025-010