Agenda packet — Chino City Council, July 7, 2026 (part 1 of 9)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the meeting. Additionally, members of the public may submit remote or electronic public comments by following the instructions detailed below.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 7, 2026

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________ Public Participation
Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the meeting.

Members of the public may call (909) 340-4280 to provide remote public comments by phone. Phone lines are open 30 minutes prior to the scheduled meeting start time.

Electronic public comments may be submitted to [email protected] no later than two hours prior to meeting start time. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in the email received.

Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, unless a different time is announced by the Mayor prior to the start of the public comment period (except as provided under Government Code 54954.3 (b)(2)). If more than three (3) people seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

For any questions on how to view or participate in the meeting, please contact the City Clerk's Office at (909) 334-3306 or email [email protected].
1 CHINO CITY COUNCIL
JULY 7, 2026 2

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: City of Ontario, et al. v. Inland Empire Utilities Agency (Los Angeles Superior Court, Case No. 24STCP02321)

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

FLAG SALUTE

CEREMONIALS
Proclamations
Park and Recreation Month - Proclaim July 2026 as Park and Recreation Month.

Americans with Disabilities Act Awareness Day - Proclaim July 26, 2026 as Americans with Disabilities Act (ADA) Awareness Day in Chino.

Presentations
Retirement Recognition - Recognition of Police Department Captain Ryan Croley for 32 years of dedicated service to the City of Chino.

Business of the Month - Award of Business of the Month for July 2026 to:
- Tri Auto
- Ranch Burgers

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Chino Channel 3 - Presentation providing an overview of the City's government television station, including its purpose, programming, production process, and the various ways residents can access City meetings and other Channel 3 content. 2 CHINO CITY COUNCIL
JULY 7, 2026 3

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. City Council and members of the public may offer comments or ask questions of clarification without removing an item. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 7775776 to 7775998 and Electronic Fund Transfers 526706E to 526856E, totaling $6,486,965.37.

2. Minutes. Approve Minutes for the Regular Meeting on June 16, 2026 (All Members Present).

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

4. Community Services, Parks & Recreation Commission Unscheduled Vacancy. Approve the schedule and procedures to fill the Community Services, Parks and Recreation Commission vacancy.

5. Parcel Map No. 20988 located at 14022 Cypress Avenue, on the northwest corner of Edison Avenue and Cypress Avenue. Approve Parcel Map No. 20988 located at 14022 Cypress Avenue, on the northwest corner of Edison Avenue and Cypress Avenue.

6. Award of Contract to InfoSend, Inc. for Utility Billing. Award a five -year professional services contract to InfoSend, Inc. for utility billing and on -line payment services, based on the unit pricing set forth in the vendor’s rate schedule, with the contract estimated to utilize $300,000 annually.

7. Contract Amendment - The Lincoln National Life Insurance Company. Approve a contract amendment with The Lincoln National Life Insurance Company to continue providing employee disability benefits through June 30, 2028, in the amount of $220,000 for a revised contract amount of $440,000.

8. Approve an appropriation of $150,000 from the General Fund balance for Development Engineering General Plan Check Services for Fiscal Year 2025 -26. Appropriation of $150,000 from General Fund (100) Reserves to the Development Engineering Program (1007010) for General Plan Check Services provided by Bureau Veritas North America, Inc. 3 CHINO CITY COUNCIL
JULY 7, 2026 4

9. Award Professional Services Agreements with Mark III Consultants, Inc. and Advanced Transportation Concepts Group, Inc. for Transportation Engineering On -Call Services. Award Professional Service Agreements with Mark III Consultants, Inc. and Advanced Transportation Concepts Group, Inc., each in an estimated amount of $300,000 over a five -year term, with annual expenditures estimated at $60,000 per fiscal year.

10. Award a Professional Services Agreement to Mariposa Landscapes, Inc. for  Landscape Maintenance Services for Medians and Reservoir Sites. Award a Professional Services Agreement for $489,680.60 to Mariposa Landscapes, Inc. for a five -year term for Landscape Maintenance Services for Medians and Reservoir Sites.

11. Acceptance of State Department of Resources, Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program (TRP18) Grant Funds. Authorize the acceptance of the CalRecycle Rubberized Pavement Grant Program (TRP18) grant funds in the amount of $138,525; establish Grant No. G7806; appropriate $39,750 to Project (TR212) and appropriate $8,400 to Project (ST260).

12. Amend Measure I Five -Year Capital Improvement Plan for Fiscal Year 2025 -26 through Fiscal Year 2029 -30. Adopt Resolution 2026 -046 rescinding Resolution No. 2025 -038 to revise Measure I Capital Improvement Plan for FY2025-26 through FY2029-30.

13. Adopt Measure I Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2026-27 through Fiscal Year 2030-31. Adopt Resolution No. 2026 -047, approving the Measure I Five -Year Capital Improvement Plan and Expenditure Strategy for FY2026 -27 through FY2030-31.

14. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2026-27. Adopt Resolution No. 2026-042 directing the filing of an annual report; adopt Resolution No. 2026-043 approving the Engineer's Report; and adopt Resolution No. 2026-044 declaring its intention to order improvements for Assessment Districts.

15. Miscellaneous Residential Amenities Development Impact Fee Credit Reconciliation Through May 31, 2025, for Various Preserve Development Projects. Approve the Consolidation and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Miscellaneous Residential Amenities Development Impact Fee Credit Reconciliation Through May 31, 2025.

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

16. Introduction of Ordinance 2026 -007 - Sign Code Amendment (PL26-0057). A proposed comprehensive update to Title 16 (Signs) of the Chino Municipal Sign Code to amend and reorganize multiple chapters of Title 16.

Staff Report By: Chris Cortez, Assistant Planner and Andrea Gilbert, City Planner RECOMMENDATION: 1) Conduct a Public Hearing; 2) Approve the introduction of Ordinance No. 2026-007, adopting PL26 -0057 (Sign Code Amendment) a comprehensive update to Title 16 (Sign Code) of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance.

ORDINANCE 2026-007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, TO ADOPT A COMPREHENSIVE UPDATE TO TITLE 16 (SIGNS) OF THE CHINO MUNICIPAL CODE AND AMEND AND REORGANIZE MULTIPLE CHAPTERS OF TITLE 16; PL26-0057 (SIGN CODE AMENDMENT).
4 CHINO CITY COUNCIL
JULY 7, 2026 5

17. Introduction of Ordinance 2026 -008 and 2026 -009 - Comprehensive Zoning Code Update (PL24-0146 ZOA) and Zoning Map Amendment (PL25-0108 ZC) to implement the 2045 General Plan. Conduct a Public Hearing to approve the introduction of Ordinance No. 2026-008 Comprehensive Zoning Code Amendment and Ordinance No. 2026 -009 Zoning Map Amendment to implement zoning map changes for consistency with the 2045 General Plan.

Staff Report By: Michael Hitz, AICP, Principal Planner and Andrew Hill, Dyatt & Bhatia RECOMMENDATION: 1) Conduct a Public Hearing; 2) Approve the introduction of Ordinance No. 2026 -008 (PL24-0146 (Zoning Ordinance Amendment)) Comprehensive Zoning Code Amendment to be read by number and title only, and waive further reading of the Ordinance; 3) Approve the introduction of Ordinance No. 2026 -009 (PL25-0108 (Zone Change)) Zoning Map Amendment to implement zoning map changes for consistency with the 2045 General Plan, to be read by number and title only, and waive further reading of the Ordinance.

ORDINANCE 2026-008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL24-0146 (ZONE ORDINANCE AMENDMENT).

ORDINANCE 2026-009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING ZONE CHANGE (PL25-0108) AMENDING ORDINANCE NO. 2010-06, WHICH ESTABLISHED THE ZONING MAP, BY CHANGING THE DESIGNATION OF THE PROPERTIES IDENTIFIED HEREIN.

18. Introduction of Ordinance 2026 -005 - Subdivision Ordinance Amendment (PL26-0001) and Ordinance 2026-006 - Preserve Specific Plan Amendment (PL25-0032). A request to amend Chapter 19.06.040.A.3 (Subdivision Ordinance) and The Preserve Specific Plan to establish private street standards for single -family residential areas, add development standards for self-storage and RV storage facilities.

Staff Report By: Kim Le, Senior Planner and Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Conduct a public hearing; 2) approve the introduction of Ordinance No. 2026 -005, a proposed amendment to Chapter 19.06.040.A.3 (Subdivision Ordinance) of the Chino Municipal Code to allow private streets within single -family residential zones in The Preserve Specific Plan area; and 3) approve the introduction of Ordinance No. 2026 -006, adopting PL25-0032 (Preserve Specific Plan Amendment) both to be read by number and title only and waive further reading of the ordinances.

ORDINANCE 2026-005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING THE SUBDIVISION ORDINANCE (TITLE 19 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL26-0001 (SUBDIVISION ORDINANCE AMENDMENT).

ORDINANCE 2026-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, AMENDING THE PRESERVE SPECIFIC PLAN TO ESTABLISH PRIVATE

STREET STANDARDS FOR SINGLE -FAMILY RESIDENTIAL AREAS, ADD DEVELOPMENT

STANDARDS FOR SELF -STORAGE AND RECREATIONAL VEHICLE STORAGE FACILITIES, AND IMPLEMENT VARIOUS CLEAN UP REVISIONS. PL 25-0032 (PRESERVE SPECIFIC PLAN AMENDMENT).

PUBLIC HEARING - JOINT MEETING OF THE CHINO CITY COUNCIL AND CHINO PUBLIC

FINANCING AUTHORITY

CALL TO ORDER
5 CHINO CITY COUNCIL
JULY 7, 2026 6

19. City of Chino Public Financing Authority 2026 Lease Revenue Bond. Consideration of the issuance of the Chino Public Financing Authority 2026 Lease Revenue Bond in the principal amount of not to exceed $3,500,000 to finance acquisition and related project costs for 13272 6th Street, Chino, California.

Staff Report By: Kim Sao, Director of Finance and Juan Galvan, Anzel Galvan LLP RECOMMENDATION: That the Chino City Council 1) hold a Public Hearing regarding financing; 2) adopt Resolution 2026 -048 authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Supplemental Agreement, Term Sheet, and Placement Agent Agreement in connection with the issuance of the City of Chino Public Financing Authority 2026 Lease Revenue Bond, approving the issuance of such bond in the principal amount of not to exceed $3,500,000, and authorizing the execution of necessary documents and certificates and related actions; and that the City of Chino Public Financing Authority Board of Directors adopt a Resolution FA 2026 -001 authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Assignment Agreement, Term Sheet, and Placement Agent Agreement in connection with the issuance of the City of Chino Public Financing Authority 2026 Lease Revenue Bond, authorizing the issuance of such bond in the principal amount of not to exceed $3,500,000, and authorizing the execution of necessary documents and certificates, and related actions.

ADJOURN - JOINT MEETING OF THE CHINO CITY COUNCIL AND CHINO PUBLIC

FINANCING AUTHORITY

NEW BUSINESS

20. Issuance of Bonds for Community Facilities District (CFD) 2023 -1 (Sage Cedar). Adopt Resolution 2026-045 approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report for CFD 2023-01.

Staff Report By: Kim Sao, Director of Finance
RECOMMENDATION: Adopt Resolution No. 2026-045 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2023 -1 of the City of Chino (the “District) approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”).

21. Introduction Ordinance 2026 -010 adding Chapter 9.90 to the Chino Municipal Code.

Introduction Ordinance 2026 -010 adding Chapter 9.90 to the Chino Municipal Code (CMC) prohibiting the sale of flavored tobacco products, nitrous oxide products, and certain kratom products within the City of Chino.

Staff Report By: Lieutenant Jesus Jacquez and Deputy Chief Nick Marotta RECOMMENDATION: Approve the introduction of Ordinance 2026 -010, adding Chapter 9.90 to the CMC prohibiting the sale of flavored tobacco products, nitrous oxide products, and certain kratom products within the City of Chino, to be read by number and title only, and waiving future readings; and provide direction to staff regarding implementation, public education, and enforcement strategies associated with the ordinance.

ORDINANCE 2026-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER [9.90] (“FLAVORED TOBACCO; NITROUS OXIDE; KRATOM PRODUCTS”) TO TITLE [9] ( “PUBLIC PEACE, MORALS AND WELFARE ”) OF THE CHINO

MUNICIPAL CODE, PROHIBITING THE SALE OF FLAVORED TOBACCO, NITROUS OXIDE,

AND KRATOM PRODUCTS WITHIN THE CITY OF CHINO
6 CHINO CITY COUNCIL
JULY 7, 2026 7

22. Cooperation Agreement with the County of San Bernardino for Housing and Urban Development Community Planning and Development Grants. Cooperation Agreement for Housing and Urban Development Community Planning and Development Grants for Program Years 2027-28, 2028-29, and 2029-30.

Staff Report By: Chris Corbin, Deputy Director of Development Services RECOMMENDATION: 1) Adopt Resolution No. 2026 -041 approving the Cooperation Agreement between the City of Chino and the County of San Bernardino for Housing and Urban Development Community Planning and Development grants for Program Years 2027-28, 2028-29, and 2029-30, including one automatic three-year renewal for Program Years 2030-31, 2031-32, and 2032 -33, unless terminated in accordance with the agreement; 2) approve the accompanying Community Development Block Grant City-County Delegate Agency Agreement; and 3) authorize the City Manager or designee, to execute all related documents.

23. Award Construction Contract to R.J. Noble Company for Pavement Improvements - Zone 1 & Cypress Avenue Project (ST260). Approve a Measure I Fund (322) transfer of $327,494 from Project R7231 to Project ST260 for a revised project budget of $974,994; approve PS&E for construction as approved by Public Works Director and award a construction contract to R.J.

Noble Company.

Staff Report By: Eduardo Diaz, Associate Engineer
RECOMMENDATION: 1) Approve a Measure I Fund (322) transfer of $319,093, from Chino Hills Parkway Rehabilitation Project (R7231) to Pavement Improvements Zone 1 & Cypress Avenue Project (ST260) for a revised project budget of $974,993; 2) approve the plans and specifications for construction as approved by the Director of Public Works; 3) award a construction contract to R.J. Noble Company for $852,884 for Project ST260; 4) authorize approved contract change orders up to ten percent (10%), for construction contingencies; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

24. Establishment of a New Capital Improvement Program (CIP) Project and Award of a Professional Services agreement to PBK Architects California, Inc. for Conceptual Architectural Design Services for a Public Works Administration/Operations Building. Establish Project PF273 and appropriate $94,180 from the DIF General Facilites Fund (233); and award a Professional Services Agreements to PBK Architects for $94,180 for Conceptual Architectural Design Services.

Staff Report By: Albert Espinoza, Deputy Director of Public Works/City Engineer RECOMMENDATION: 1) Establish project PF273 - Public Works Administration/Operations Building and appropriate $94,180from the available Development Impact Fee (DIF) General Facilities Fund (233) reserves; 2) award a professional services agreement for $94,180 to PBK Architects California, Inc., Rancho Cucamonga, CA for Conceptual Architectural Design Services; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Burton
7 CHINO CITY COUNCIL
JULY 7, 2026 8

25. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contribution of $250 to Chino High School Sports Boosters (Football Program).

Staff Report By: Mayor Pro Tem Burton
RECOMMENDATION: Approve community support fund contribution of $250 to Chino High School Sports Boosters (Football Program).

Council Member Comstock
Council Member Flores

26. Community Support Fund - Council Member Flores. Approve a community support fund contribution to Chino Neighborhood House.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $500 to the Chino Valley Chamber Foundation for the Chamber of Commerce Leadership Collaborative Cohort Fundraiser.

Council Member Lucio
City Manager's Report
City Attorney's Report
Director's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, July 21, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, July 2, 2026 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
8 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

RECREATION

SUBJECT
..titl e
Park and Recreation Month
..end

..body

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

9 10

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Americans with Disabilities Act Awareness Day
..end
..body

11 12

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

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

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

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

14 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

TO: LINDA REICH, CITY MANAGER
FROM: JACKIE MELENDEZ, ASSISTANT CITY MANAGER

SUBJECT
..titl e
Chino Channel 3 Presentation.
..end
..body

15 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 7775776 to 7775998 , and Electronic Fund Transfers 526706E to 526856E, totaling $6,486,965.37. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 25-26 Adopted Budget.

Revenue:

Expenditure:
16 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS CHECK DATE FY AMOUNT

1. 7775776 – 7775906 06/04/26 25-26 $3,273,247.23

2. 7775907 – 7775914 06/05/26 25-26 $83,357.93

3. 7775915 – 7775998 06/11/26 25-26 $305,502.96

4. 526706E – 526799E 06/05/26 25-26 $2,405,434.88

5. 526800E – 526856E 06/12/26 25-26 $419,422.37

TOTAL $6,486,965.37

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

Attachment

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

Check Date
Check
Number Vendor Name Description Amount
06/04/2026 7775779 ALESHIRE & WYNDER LLP LEGAL SERVICES $106,077.36 7775788 BUTIER ENGINEERING, INC CONSTRUCTION SERVICES $90,487.50 7775813 DUDEK ENGINEERING DESIGN $58,467.59
7775860 PACIFIC HYDROTECH CORPORATION CONSTRUCTION SERVICES $1,459,076.50 7775882 SO CAL EDISON CO SERVICE PERIOD: 04/21-05/19 $120,369.28 7775884

SOUTHERN CALIFORNIA LANDSCAPE
INC. RE-SODDING OF SPORTS FIELDS $406,316.00
7775904 WASTE MANAGEMENT REFUSE COLLECTION $596,535.85 06/05/2026 526706 10-8 RETROFIT INC PD VEHICLES EQUIPMENT $124,480.66 526719 BIGGS CARDOSA ASSOCIATES, INC. PINE AVE. DESIGN SERVICES $327,322.98 526725 CALGON CARBON CORPORATION AS-NEEDED GAC REMOVAL $56,067.00 526738 ECONOLITE CONTROL PRODUCTS IN TRAFFIC SIGNAL MAINTENANCE $120,813.60 526756 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,193,033.35 526762

LANDSCAPE WEST MANAGEMENT
SERVICES, INC. LANDSCAPE MAINTENANCE $68,430.00
526764 MERCHANTS LANDSCAPE SERVICES LANDSCAPE MAINTENANCE $64,566.02 06/12/2026 526834 MERCHANTS LANDSCAPE SERVICES LANDSCAPE MAINTENANCE $59,060.02 526851

US BANK CORPORATE PAYMENT
SYSTEM MAY 2026 P-CARD PAYMENT $135,180.94

TOTAL $4,986,284.65

18 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

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

19 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JUNE 16, 2026

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

CALL TO ORDER
The June 16, 2026, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:02 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

Comstock, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Kavoos Nassiri Ghotbabadi v. City of Chino, Alexander Guardado, et al. (S.B. Superior Court Case No. CIVSB2310426)

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 16358 Main Street, Building 7, Suits 130 & 140, Chino, CA 91708 Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: Homecoming V at The Preserve, LLC
Under Negotiation: Price and terms of potential lease

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One
20 CHINO CITY COUNCIL
JUNE 16, 2026 2
The City Council recessed to Closed Session at 5:03 p.m. and concluded at 5:53 p.m. The City Council reconvened the meeting at 6:05 p.m.

FLAG SALUTE
Chino Troop 202 led the Pledge of Allegiance.

CEREMONIALS
Pop Warner Little Scholars - Recognition of Pop Warner Little Scholars National All -American Honors Students from Chino Pop Warner.

Mayor Ulloa called up Mark Batrez who announced certificates of recognition for the Little Scholars National All-American Honors Students: Jace Andrew, Roman Batrez, Jaxson Aguilar, Sebastain Albarran, Xavier Castaneda, Marco Avalos Jr., Jacob Lopez Jr., Andres Contreras, and Elijah Montes.

Business of the Month - Award of Business of the Month for June 2026 to:
- The Avocado House
- The Salvation Army Thrift Store & Donation Center
Mayor Ulloa presented the June 2026 Business of the Month Award to The Avocado House.

Owner Kari Kim was present to accept the award.

Mayor Ulloa presented the next June 2026 Business of the Month Award to The Salvation Army Thrift Store & Donation Center. Miguel Gonzalez was present to accept the award.

Retirement Recognition - Recognition of Finance Department employee Hilda Miller for 28 years of dedicated service to the City of Chino.

Mayor Ulloa presented the City tile to Hilda Miller, in recognition of her retirement from the City.

Chino of Chino Annual Employee Award Recognitions - Employee of the Year: Arianna Fajardo; Administration: Vivian Castro; CSPR: Ernie Quintana; Development Services: Stevie Meneses; Finance: Jamie Klump; Human Resources: Genevieve Hughes; Public Works:

Tabitha Hernandez and Andy Llamas.

Mayor Ulloa called up department directors who presented the City of Chino Department Employee of the Year Awards to Vivian Castro (Administration), Ernie Quintana (CSPR), Stevie Meneses (Development Services ), Jamie Klump (Finance), Genevieve Hughes (Human Resources), Tabitha Aguilera and Andy Llamas (Public Works). City Manager Reich announced the Employee of the Year Awardee Arianna Fajardo.

PRESENTATIONS
Welcome to Chino - Presentation on the Welcome to Chino New Business Program.

Rhonesia Perry, Economic Development Manager, and Jackie Melendez, Assistant City Manager, provided an update on Economic Development and the Welcome to Chino New Business Program.

Chino Valley Chamber of Commerce Update - Updates provided by the Chino Valley Chamber of Commerce.
21 CHINO CITY COUNCIL
JUNE 16, 2026 3
Zeb Welborn, President, Chino Valley Chamber of Commerce, provide a Chamber update.

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

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

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

INFORMATION
External Agency Report for June 16, 2026. Receive and file the External Agency Report for June 16, 2026 (Covering Meetings from April 1-30, 2026).

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

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the Fireworks Spectacular on Friday, June 26 and Saturday, June 27 and the upcoming closure of City Hall and most City facilities on Friday, July 3, in observance of the Fourth of July holiday.

Mayor Ulloa announced that the meeting would be adjourned in memory of Ralph Berger, a longtime Chino Fire Captain and community member; Mary Wolfinbarger, a community member and part of the Wolfinbarger family business; and Joe Alex Cavalier, a dedicated past member of the City’s Public Works Department. The City Council extended its heartfelt condolences to the families of Mr. Berger, Mrs. Wolfinbarger, and Mr. Cavalier. The meeting will be adjourned in their memory.
22 CHINO CITY COUNCIL
JUNE 16, 2026 4

PUBLIC COMMENTS
Pastor Lon Wagner, Crosspoint Church, provided the invocation.

Jay Connor [remote speaker], requested a presentation regarding Chino Channel 3.

Chino Troop 202 scouts provided introductions.

CONSENT CALENDAR
Stubbie Barr, provided a comment and a handout to the City Council regarding Consent Item No. 5, regarding public facility accessibility requirements.

The Mayor requested follow up related to Ayala Park accessibility requirements. City Manager Reich suggested it be sent to the Infrastructure/Streets Committee for review.

1. Warrants. Approve expenses as audited and within budget for warrants 7775679 to 7775774, and Electronic Fund Transfers 526654E to 526705E, totaling $1,727,810.11.

2. Minutes. Approve Minutes for the Regular Meeting on June 2, 2026 (All Members Present).

4. Government Relations Update for June 16, 2026. Receive and file the Government Relations Update for June 16, 2026.

5. Notice of Completion - APOC Batting Cages Equipment Replacement Project (IB249). Accept the APOC Batting Cages Equipment Replacement Project (IB249) by DLJ Development, El Monte, CA as complete.

6. Contract Amendment with E -Plan Inc. for Electronic Plan Review Software. Approve Contract Amendment #4 with E -Plan Inc., for Electronic Plan Review Software Licenses through June 30, 2027, in the amount of $161,000, for a revised not-to-exceed contract total of $482,000.

7. Contract Amendment with IK Consulting, LLC for Accela Training and Consulting Services.

Approve Contract 2025-120 Amendment #4 with IK Consulting to extend the term for services through June 30, 2027 and increase the contract amount by $100,000 for a not -to-exceed amount of $250,000.

8. Approval of Multi -Year Contract Authority for Ongoing Operational Services. Authorize the FY 2026-27 contract amendments or renewals and authorize the City Manager to execute all necessary documents on behalf of the City.

9. Federal Asset Forfeiture - Agreement with Axon Enterprise. Approve an agreement with Axon Enterprise Inc. for the purchase of the Axon Basic with Full AI 5 -year agreement in the amount of $4,464,008.92, amortized over 5 years; and appropriate $799,495.18 for the first-year cost.

10. Adoption of Ordinance 2026 -004. Approve the adoption of Ordinance 2026 -004 (Second Reading), amending Chapter 10.56 of the Chino Municipal Code, pertaining to bicycles, electric bicycles, motorized scooters, and regulated mobility devices.

ORDINANCE 2026-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL CODE TO

ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND REGULATED MOBILITY DEVICES; ESTABLISH REGULATIONS FOR THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED 23 CHINO CITY COUNCIL
JUNE 16, 2026 5

BICYCLE LICENSING REQUIREMENTS

11. Award Professional Services Agreements with Cannon Corporation, WestLAND Group, Inc., and Bureau Veritas North America, Inc. for General Plan Check Services and Other Related Engineering Services. Award Professional Services Agreements with Cannon Corporation, WestLAND Group, Inc., and Bureau Veritas North America, Inc. for General Plan Check Services and Other Related Engineering Services.

12. Award Professional Services Agreement to Eurofins Drinking Water and Wastewater West, LLC for Drinking Water Analysis and Related Consulting Services. Award a Professional Services Agreement for $450,000 to Eurofins Drinking Water and Wastewater West, LLC, Pomona, CA for a five-year term for Drinking Water Analysis and Related Consulting Services.

13. Final Acceptance of Public Improvements for Tract No. 20167, generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue (Block 4). Accept public improvements as complete for Tract Map No. 20167; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

14. Approve the Consolidation, Amendment, and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Storm Drain Development Impact Fees (DIF). Approve First Amendment to Construction Credit & Reimbursement Agreement No. 2024 -235 and accept the Consolidation and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Storm Drain Development Impact Fees (DIF).

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1-14 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

15. Fiscal Year 2026 -2027 Budget Adoption. Approve the Fiscal Year (FY) 2026 -27 Proposed Budget and Appropriations Limit for FY 2026-27 and authorize the City Manager to execute all necessary documents on behalf of the City.

Staff Report By: Kim Sao, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2026 -039, approving the Fiscal Year (FY) 2026-27 Proposed Budget and 5 -Year Capital Improvement Program; 2) adopt Resolution No. 2026-040, approving the Appropriations Limit for Fiscal Year 2026-27; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Kim Sao, Director of Finance, provided a presentation.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to 1) Adopt Resolution No. 2026 -039, approving the Fiscal Year (FY) 2026-27 Proposed Budget and 5-Year Capital Improvement Program; 2) adopt Resolution No. 2026 -040, approving the Appropriations Limit for Fiscal Year 2026 -27; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
24 CHINO CITY COUNCIL
JUNE 16, 2026 6
NOES: NONE.

ABSENT: NONE.

16. Award of Contract to HdL for Business License Software and Compliance Services. Award a professional services agreement with Hinderliter de Llamas and Associates (HdL) for the Prime Business License Software System and Business License Discovery/Compliance Services.

Staff Report By: Lisa Conlon, Revenue Manager
RECOMMENDATION: Award a five -year professional services agreement with Hinderliter de Llamas and Associates for the Prime Business License Software System and Business License Discovery/Compliance Services for an estimated total amount of $201,500, and authorize the City Manager to execute all necessary documents on behalf of the City.

Lisa Conlon, Revenue Manager, provided a presentation on the item.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to Award a five-year professional services agreement with Hinderliter de Llamas and Associates for the Prime Business License Software System and Business License Discovery/Compliance Services for an estimated total amount of $201,500, and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

17. Approve Amendment No. 4 with Biggs Cardosa Associates, Inc. and enter into a Memorandum of Understanding with Santa Ana Watershed Project Authority for Euclid Avenue Bridge Project (ST243). Approve the Transfer of $508,068; Approve Amendment No. 4 for $891,409 with Biggs Cardosa associates, Inc. for additional engineering services for Project ST243; and approve an MOU with SAWPA for design of Brine Line relocation.

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Approve a General Fund project balance transfer of $180,450 from completed project Yorba Ave Street Improvements (ST233) and $327,618 from completed project Local Street Rehabilitation FY 2024 (ST241) for a total transfer amount of $508,068, for a revised project budget of $6,286,041 for Euclid Avenue Bridge Project (ST243); 2) approve contract amendment No. 4 with Biggs Cardosa Associates, Inc., Contract No. 2024 -163 in the amount of $891,409 for a revised contract amount of $5,224,168.58 for additional design engineering and environmental services related to Project ST243; 3) approve a Memorandum of Understanding between the City of Chino and Santa Ana Watershed Project Authority to establish the terms, conditions, and cost share for design of the Brine Line Reach IV -D; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Michele Hindersinn, Senior Engineer, provided a presentation on the item.

Council Member Comstock noted the correct street name referenced in the report is McCombs Way, not M. Combs Way.

Chino resident, provided a public comment regarding the item. 25 CHINO CITY COUNCIL
JUNE 16, 2026 7
Motion by Council Member Comstock, seconded by Council Member Lucio, to 1) Approve a General Fund project balance transfer of $180,450 from completed project Yorba Ave Street Improvements (ST233) and $327,618 from completed project Local Street Rehabilitation FY 2024 (ST241) for a total transfer amount of $508,068, for a revised project budget of $6,286,041 for Euclid Avenue Bridge Project (ST243); 2) approve contract amendment No. 4 with Biggs Cardosa Associates, Inc., Contract No. 2024-163 in the amount of $891,409 for a revised contract amount of $5,224,168.58 for additional design engineering and environmental services related to Project ST243; 3) approve a Memorandum of Understanding between the City of Chino and Santa Ana Watershed Project Authority to establish the terms, conditions, and cost share for design of the Brine Line Reach IV -D; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

18. Award of Contract for Security Guard Services. Approval of an Agreement for Security Guard Services for City Hall, the Senior Center, and the Carolyn Owens Community Center with American Global Security (AGS).

Staff Report By: Rogelio Huerta, Assistant to the City Manager RECOMMENDATION: Approve a five -year professional services agreement with American Global Security (AGS) for security guard services at City Hall, the Senior Center, and the Carolyn Owens Community Center for an estimated amount of $1,114,412; and authorize the City Manager to execute all necessary documents on behalf of the City.

Rogelio Huerta, Assistant to the City Manager, provided a report on the item.

Motion by Council Member Comstock, seconded by Council Member Lucio, to Approve a five-year professional services agreement with American Global Security (AGS) for security guard services at City Hall, the Senior Center, and the Carolyn Owens Community Center for an estimated amount of $1,114,412; and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including Omnitrans and San Bernardino County Transportation Authority (SBCTA) Board of Directors meetings; Senior Center Birthday celebrations; memorial service for Laurie Viramontes; City Council Budget Workshop; Investment Advisory Committee; zoning update meeting with City Staff; Omnitrans Admin and Finance Committee; SBCTA Transit and Metro Valley Committee; funeral of Ralph Berger; Chino Rodeo event; City Manager meeting; and Closed Session. 26 CHINO CITY COUNCIL
JUNE 16, 2026 8
Mayor Ulloa provided a reminder of the FFA 4H Auction taking place on July 10, 2026 at the Chino Fairgrounds.

Mayor Pro Tem Burton

19. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contribution to UCHOOZ Positive Youth and Chino Neighborhood House.

Staff Report By: Mayor Pro Tem Burton
RECOMMENDATION: Approve community support fund contributions to UCHOOZ Positive Youth ($225) and Chino Neighborhood House ($225).

Motion by Council Member Flores, seconded by Council Member Comstock, to Approve community support fund contributions to UCHOOZ Positive Youth ($225) and Chino Neighborhood House ($225). The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Pro Tem Burton reported on the following meetings and events including a meeting with Southern California Edison representative; Ribbon Cutting for AQ Tacos; Employee Recognition Luncheon; IEUA Policy Committee meeting; Chino Hills State of the City; Chino in Action event; Troop 201 100 Year Anniversary; Celebration of Life for Joe Cavalier; City Manager meeting; City Council Study Session; Watermaster Appropriations Committee meeting; meeting with Chino Valley Fire District President Kreeger; Zoning Code update meeting with City Staff; City Manager meeting; Cultural Arts Foundation meeting; Water meeting with staff; Meeting with developers; and Closed Session.

Council Member Comstock

20. Community Support Fund - Council Member Comstock. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2025-26.

Staff Report By: Council Member Comstock
RECOMMENDATION: Approve community support fund contributions of $350 to Chino American Little League, $125 to Chino Girls Fastpitch, $500 Chino National Little League, $125 to Chino Police Explorers Post #211, $350 to Chino Police Officers Foundation, $125 to Chino Pop Warner Youth Football, $125 to Chino Scout Troop 201, $350 to Chino Valley Fire Foundation, $125 to HOPE Family Resource Center, $125 to Isaiah's Rock, $250 to Rancho Del Chino Rotary Club, and $125 to UCHOOZ Positive Youth.

Motion by Council Member Lucio, seconded by Council Member Flores, to Approve community support fund contributions of $350 to Chino American Little League, $125 to Chino Girls Fastpitch, $500 Chino National Little League, $125 to Chino Police Explorers Post #211, $350 to Chino Police Officers Foundation, $125 to Chino Pop Warner Youth Football, $125 to Chino Scout Troop 201, $350 to Chino Valley Fire Foundation, $125 to HOPE Family Resource Center, $125 to Isaiah's Rock, $250 to Rancho Del Chino Rotary Club, and $125 to UCHOOZ Positive Youth. The motion carried by the following vote:

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

ABSENT: NONE.
27 CHINO CITY COUNCIL
JUNE 16, 2026 9
Council Member Comstock reported on the following meetings and events including the Employee Recognition Luncheon; Chino in Action event; Troop 201 100 Year Anniversary; Celebration of Life for Joe Cavalier; City Council Study Session; Lewis Land Management meeting; and Closed Session.

Council Member Flores

21. Community Support Fund - Council Member Flores. Approve community support fund contributions to Rancho Del Chino Rotary and Chino Valley Soroptimist Club.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $325 to Rancho Del Chino Rotary and $325 to the Chino Valley Soroptimist Club.

Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to Approve a community support fund contribution of $325 to Rancho Del Chino Rotary and $325 to the Chino Valley Soroptimist Club. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on the following meetings and events including the City Council Budget Workshop; Grand Opening of Angry Chickz; City Council Study Session; Investment Advisory Committee; Zoning Update meeting with City Staff.

Council Member Lucio

22. Community Support Fund - Council Member Lucio. Approve community support fund contribution to Chino Kiwanis Club, Chino Youth Museum, Rancho Del Chino Rotary Club, and UCHOOZ Positive Youth.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve community support fund contribution to Chino Kiwanis Club (Concerts $250 and Corn Feed Run $250 ), Chino Valley Rotary Club Bingo Event ($250), Chino Youth Museum ($250), and UCHOOZ Positive Youth ($500).

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to Approve community support fund contribution to Chino Kiwanis Club (Concerts $250 and Corn Feed Run $250 ), Chino Valley Rotary Club Bingo Event ($250), Chino Youth Museum ($250), and UCHOOZ Positive Youth ($500). The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Lucio reported on the following meetings and events including the Chino in Action event; California Institution for Men and California Institution for Woman Advisory Committee meeting and asked Chief Mensen about facilitating training with the Police Department bloodhound and helicopter in preparation of a potential escape; City Manager meetings; City Council Study Session; Zoning Code update with City Staff; meeting with a developer; Chaffey College Oversight Committee meeting; meeting with Lewis regarding the 28 CHINO CITY COUNCIL
JUNE 16, 2026 10
Homecoming; and Closed Session.

Council Member Lucio announced the upcoming Chino Demolition Derby on July 18, 2026.

City Manager - No report.

City Attorney - No report.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on a MS4 permit renewal requirements and deadline extension and provided information on the Waste Management monitoring of organics contamination starting on July 1.

Police Chief's Report
Police Chief Mensen provided an update on the upcoming 4th of July enforcement for illegal fireworks.

Fire Chief's Report
Fire Chief Williams provided an update on 4th of July support and shared Firefighter Phil Vasquez is participating in a boxing fundraiser at the Rose Bowl on October 9.

ADJOURN
Mayor Ulloa adjourned the meeting at 8:25 p.m. in memory of Ralph Berger, Mary Wolfinbarger, and Joe Alex Cavalier.

The next Regular Meeting of the City Council will be held on Tuesday, July 7, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 7th DAY OF JULY 2026.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

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

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2026-27 Operating Budget.

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

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

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
30 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

31 7/7/2026 City Council Meeting

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

32 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Community Services, Parks & Recreation Commission Unscheduled Vacancy. ..end

RECOMMENDATION
Approve the tentative schedule and procedures to fill the Community Services, Parks & Recreation (CSPR) Commission unscheduled vacancy.
..body

FISCAL IMPACT
No fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 33 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: COMMUNITY SERVICES, PARKS & RECREATION COMMISSION UNSCHEDULED VACANCY.

PAGE: 2

BACKGROUND
The Chino Community Services, Parks & Recreation (CSPR) Commission is a seven-member board that oversees and advises the City Council on specific quality of life issues. In particular, the CSPR Commission reviews recreation, parks and open space, and human services.

In June 2026, Commissioner Patricia Pereda Arlt resigned, creating a vacancy on the CSPR Commission. Pursuant to Chino Municipal Code Chapter 2.36, a vacancy on the CSPR Commission requires the position to be filled.

ISSUES/ANALYSIS
Commissioner Arlt was appointed in June 2023 and resigned in June 2026, during her third year of a four -year term. The notice of the unscheduled vacancy was posted on June 26, 2026 , in accordance with the Maddy Act (Government Code Section 54974).

Upon resignation of Commission Arlt, the CSPR Commission membership includes representation from District 1 (1 member); Distri ct 2 (0 members); District 3 (2 members); District 4 (3 members). To ensure citywide representation on the CSPR Commission, it is recommended the recruitment request applicants who reside in District 1 or 2 only, since these Districts have 0-1 representative members, respectively.

To conduct the appointment process effectively and fairly, the following schedule and procedures will be followed to fill Commissioner Arlt’s remaining term through June 30, 2027.

 July 10 – August 7, 2026: Accept applications for the CSPR Commission from qualified residents from Council Districts 1 and 2 . The application is attached to this report as Exhibit A.

 August 10 – September 7, 2026: Upon review of the applications, the Mayor along with another Council Member, will select and interview qualified candidates. After interviewing potential candidates, the Mayor will nominate an appointee who will complete a background check.

 September 15, 2026: Upon a successful background check, the Mayor will nominate the appointee at the September 15, 2026 City Council meeting. Per the Chino Municipal Code 2.36.020, the City Council will then need to approve the appointment. Should the City Council app rove the appointment, then the process of filling this vacancy will be complete.

It is recommended that the City Council approve the tentative schedule and procedures to fill the CSPR Commission unscheduled vacancy.

Attachments: Exhibit A - CSPR Commission Application

34 COMMUNITY SERVICES, PARKS & RECREATION COMMISSION

APPLICATION
Thank you for your interest in serving on the Community Services, Parks & Recreation Commission! Your desire to participate in your community's activities is sincerely appreciated. Please complete this application and return it by email to [email protected] or by mail or in -person to City of Chino Office of the City Clerk, 13220 Central Avenue, Chino, CA 91710 by the published deadline. If you have any questions, please call the City Clerk's office at (909) 334-3306, or the Community Services, Parks & Recreation Department at (909) 334-3256.

THIS IS A PUBLIC DOCUMENT SUBJECT TO DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT Name: __________________________________________ Email: ________________________________________ Home Address: _________________________________________________________________________________ Home/Cell Phone: ______________________________________________________________________________ Employer: _____________________________________ Position: ______________________________________ Business Address: __________________________________________ Business Phone: __________________ Education: _____________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ Please tell us what you know about the Community Services, Parks & Recreation Department:
________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ List civic organizations you are affiliated with and/or volunteer experience:
________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ 35 Internal Use
Application Received: Date: By:

District: ☐ District 1 ☐ District 2 ☐ District 3 ☐ District 4 Li
st of the top ﬁve programs/services for youth, families, and adults, not currently offered, that you feel are needed:
________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ List of the top two issues facing Community Services, Parks & Recreation Department based on your observations:
________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ Why do you want to be a Community Services, Parks & Recreation Commissioner? ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ I hereby certify that all statements made in this application are true and complete and any false or misleading statements made shall be grounds for immediate disqualiﬁcation. I understand that if selected, satisfactory results from a background investiga tion are required. I reside in the City of Chino and I am aware Chino Municipal Code Section 2.38.030 requires residency at time of appointment and for the duration of the term. In compliance with State law, I understand that I will be required to ﬁle a Statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and thus will be available for public inspection and copying.

Signature: ______________________________________ Date: _______________ 36 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Parcel Map No. 20988 located at 14022 Cypress Avenue, on the northwest corner of Edison Avenue and Cypress Avenue.
..end

RECOMMENDATION
1) Approve Parcel Map No. 20988 located at 14022 Cypress Avenue, on the northwest corner of Edison Avenue and Cypress Avenue ; and 2) authorize the City Manager to execute any documents or agreements necessary to implement the approved Parcel Map on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact to the City.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: PARCEL MAP NO. 20988 LOCATED AT 14022 CYPRESS AVENUE, ON THE NORTHWEST CORNER OF EDISON AVENUE AND CYPRESS AVENUE.

PAGE: 2

BACKGROUND
On July 17, 2025, the Planning Commission approved the developer’s application, submitted by PLC Communities, to subdivide the property located at 14022 Cypress Avenue, on the northwest corner of Edison Avenue and Cypress Avenue, into two numbered parcels and one lettered parcel for conveyance purposes within the East Chino Specific Plan area (Exhibit A).

The subdivision is intended to establish separate legal parcels that may be individually conveyed, transferred, sold, financed, or held under separate ownership in the future. Approval of the Parcel Map provides the legal framework for future property transactions and potential development activities but does not, by itself, authorize construction or developmen t beyond existing entitlements.

Parcel 1, consisting of approximately 2.84 acres, is intended to be developed in conjunction with an existing adjacent parcel to the north as part of a future 55 -lot single -family residential development. Future development of Parcel 1 will require the developer to submit additional discretionary applications, including a Tentative Tract Map and Site Approval, for City review and approval. Those applications are anticipated to be submitted at a future date.

Parcel 2 consists of approximately 5.90 acres and includes land located within the Southern California Edison easement. Parcel 2 will retain the existing residential and agricultural uses, including a single -family residence and crop cultivation. Parcel A, located adjacent to Edison Avenue, is designated for dedication to the City for public right -of-way purposes consistent with future circulation improvements and roadway infrastructure needs.

ISSUES/ANALYSIS
Parcel Map No. 20988 (Exhibit B) has been reviewed by staff and de termined to be consistent with the approved Tentative Parcel Map, the California Subdivision Map Act, the East Chino Specific Plan, and applicable provisions of the Chino Municipal Code. Staff has verified that all conditions of approval and requirements a ssociated with the Tentative Parcel Map have been satisfied.

Pursuant to applicable provisions of the California Subdivision Map Act and City requirements, the City Engineer is authorized to execute the Parcel Map upon confirmation that all technical requirements have been met. The recommended authorization provided to the City Manager is not intended to permit execution of the Parcel Map itself, but rather to authorize execution of any ancillary documents, agreements, certificates, or administrative action s necessary to facilitate implementation of the approved Parcel Map on behalf of the City, as applicable.

Attachment:

Exhibit A – Vicinity Map
Exhibit B – Parcel Map No. 20988

38 39
40 41
42 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Award of Contract to InfoSend, Inc. for Utility Billing. ..end

RECOMMENDATION
Award a five -year professional services contract to InfoSend, Inc. for utility billing and on -line payment services, based on the unit pricing set forth in the vendor’s rate schedule, with the contract estimated to utilize $300,000 annually, and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the FY 2026-27 adopted budget. If approved, funding will be included in future year budgets.

Revenue: Click or tap here to enter text.

Expenditure: 1003000-43515
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 43 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD OF CONTRACT TO INFOSEND, INC. FOR UTILITY BILLING.

PAGE: 2

BACKGROUND
The City has utilized InfoSend, Inc. for utility billing, mailing services, and online payment services for over fifteen years and has been satisfied with the quality, reliability, and performance of the services provided. These services are for weekly production of the City’s utility bills which includes file transmission, data processing, bill printing, mail p reparation, utility bill production, and delivery to the United States Postal Service.

The City incurs the cost of postage for mailing all bills and notices. InfoSend pays this expense upfront and then passes this cost on to the City with no mark up. There fore, InfoSend only retains a portion of the total amount paid by the City through this contract, with the remainder going to the United States Postal Service. The City is responsible for this postage regardless of the vendor providing the printing and support services.

ISSUES/ANALYSIS
The Finance Department recommends Council approve a new five -year professional services contract with InfoSend, Inc. for utility billing printing, mailing, and online payment services. The contract will be based on the unit pricing set forth in InfoSend’s rate schedule through a piggyback agreement utilizing the City of Indio’s competitively awarded contract.

On an annual basis, InfoSend produces and mails approximately 275,000 utility bills and notices for approximately 23,000 customer accounts on behalf of the City. Without this support, the City would not have the internal capacity to produce, assemble, and mail the current volume of utility bills and notices in -house, which could affect the timely collection of City revenues and the continuity of utility billing operations.

The City of Indio conducted a competitive procurement process for substantially similar services and selected InfoSend as its provider. InfoSend has agreed to extend the same pricing and terms to the City of Chino through a piggyback agreement. Staff reviewed the City of Indio/InfoSend agreement and determined that the procurement process, pricing, and terms are fair, reasonable, and in the best interest of the City.

As part of the analysis, s taff compared the City’s current pricing to the pricing proposed under the City of Indio/InfoSend agreement. The comparison is provided below:

Description Current Proposed Difference
#10 Envelope $0.0242 $0.0260 $0.0018
#9 Envelope $0.0228 $0.0230 $0.0002
Outgoing Flat Envelope $0.1800 $0.1900 $0.0100
Address Change Service $0.3000 $0.3300 $0.0300
Insert Fee $0.0100 $0.0100 Same
e-Bill Loading & Support $0.0200 $0.0208 $0.0008
Enrolled User $0.0400 $0.0417 $0.0017
Initiated Payments $0.0400 $0.0417 $0.0017
Monthly Support Fee $155.00 $161.665 $6.665

44 CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD OF CONTRACT TO INFOSEND, INC. FOR UTILITY BILLING.

PAGE: 3

Approval of the five -year contract will allow the City to maintain uninterrupted utility billing services while utilizing competitively established pricing through the City of Indio’s agreement.

Based on the foregoing, staff recommends awarding a five -year professional services contract to InfoSend, Inc. for utility billing printing, mailing, and online payment services.

Attachments: City of Chino Agreement
City of Indio Agreement (Reference)

45 01225.0001/458762.1 D-1

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
INFOSEND, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1st day of July, 2026 (“Effective Date”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and INFOSEND, INC. (herein “Consultant”).

RECITALS
A. Section 3.32.060 of the Chino Municipal Code provides that the City may dispense with competitive pricing procedures for professional services contracts “When the vendor was awarded a bid by another public agency, said agency used purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.”
B. Following a solicitation process substantially similar to that which the City would have been req uired to use, the City of Indio awarded a contract to Consultant to provide the kinds of services described in the Scope of Services in this Agreement.

C. Consultant offers to provide said services to the City for the same price offered to the City of Indio and therefore the City has authority to enter into and execute this Agreement with Consultant without using its own competitive pricing procedures.

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

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services . In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. 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. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 46 01225.0001/458762.1 D-2

1.3 California Labor Law. To the extent (if any) that the Scope of Services includes any “public work” or “maintenance work”under California Labor Code Section 1720 et seq. and applicable regulations, and only to such extent, Consultant shall comply with the applicable provisions of California Labor Code Sections 1720 et seq., 1770 et seq., 1810 et seq., and other applicable laws, including, without limitation, the requirements set forth in subsections (a) through (i) below. For the avoidance of doubt, the obligations set forth in subsections (a) through (i) shall apply only to such work, if any, that qualifies as public work. (a) Public Work. To the extent (if any) that the Scope of Services includes work that qualifies as a “public work” as defined in Labor Code Section 1720 , such work shall be subject to the applicable requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. To the extent applicable, such work shall be subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by any applicable provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776 to the extent (if any) that the Scope of Services includes work that qualifies as “public work” under California Labor Code Section 1720 , which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and applicable regulations to the extent (if any) that the Scope of Services includes work that qualifies as “public work” under California Labor Code Section 1720 and apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after co ncluding work pursuant to 47 01225.0001/458762.1 D-3
this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code , and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including w ithout limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 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 the Agreement.
48 01225.0001/458762.1 D-4

1.5 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.

1.6 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the attached hereto as Exhibit “B” and incorporated herein by this referenc e. 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.

2. COMPENSATION

2.1 Contract Sum . For services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the Schedule of Compensation attached hereto as Exhibit “B” and incorporated herein by this reference. Compensation shall be based on the approved rates set forth in Exhibit “ B.” This Agreement does not establish a guaranteed contract sum, and Consultant shall only be compensated for services authorized and performed in accordance with this Agreement.

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

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

Consultant shall also submit a list of the prevailing wage rates for all 49 01225.0001/458762.1 D-5
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.

2.3 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.

2.4 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. 50 01225.0001/458762.1 D-6

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding thirty (30) 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, 20 30, 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.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Matthew Schmidt, COO, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. 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, and shall keep City informed of any changes.

4.2 Project Manager. Kim Sao, or any other person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act 51 01225.0001/458762.1 D-7
in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

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. Consultant shall perform all services required herein as an independent contractor of City 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, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages . Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement , Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
52 01225.0001/458762.1 D-8
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to 53 01225.0001/458762.1 D-9
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (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 54 01225.0001/458762.1 D-10
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 and Limitation of Liability . 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, 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, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions . Notwithstanding the above, a design professional’s 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.

5.4 Notwithstanding anything to the contrary in this Agreement, the Consultant’s aggregate liability arising from or relating to this Agreement shall be limited to the Service Fees that the Consultant received from the City in the six (6) months preceding the accrual of the claim.

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 55 01225.0001/458762.1 D-11
and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. 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.

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 or as the Project Manager shall require.

6.3 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 the City without prior written authorization from the Project Manager.
(b) Consultant 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 the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The 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 the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the 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 res ult of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works 56 01225.0001/458762.1 D-12
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.

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. 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, 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. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 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 ny legal action under this Agreement.

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.

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

7.5 Termination Prior to Expiration of Term . This Section shall govern any termination of this Contract except as specifically provided in the following Section for 57 01225.0001/458762.1 D-13
termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. 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, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “B”. 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.

7.6 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 such liability shall be subject to and limited by the Limitation of Liability set forth in this Agreement , and provided that the City shall use reasonable efforts to mitigate such damages . City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed, subject to such limitation.

8. MISCELLANEOUS

8.1 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 ensure 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

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

8.3 Notice. 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 58 01225.0001/458762.1 D-14
the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy - two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment . 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 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.

8.10 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 59 01225.0001/458762.1 D-15
association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . 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) o r 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 _______

8.11 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) the 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]
60 01225.0001/458762.1 D-16
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 CONTENT:
___________________________________
Kim Sao, Director of Finance
CONSULTANT:

InfoSend, Inc.

By:

Russ Rezai, President
Two corporate officer signatures required when Con sultant 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. 61 InfoSend Exhibits to MSA
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Exhibit A - Scope of InfoSend Primary Services

This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Chino (“Client”). This Exhibit A provides the Services which InfoSend , and/or its Affiliate(s), shall deliver to Client to permit Client’s customers (“Users”) to use the products and services to view and pay their bills. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Client will select one or more of InfoSend’s Primary Services from the list below by checking the box next to the Primary Service name.

Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment.

Data Processing, Printing and Mailing Service (“DPPM Service”): During the term of this Agreement, InfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters.

eBusiness Services (the “eBusiness Services”): During the term of this Agreement InfoSend will provide eBusiness Services. These services can include presenting bills online and/or accepting and reporting payment transaction information to facilitate ACH and/or credit card payments via web, Interactive-Voice-Response (IVR), SMS, or Bank Billpay (e-Lockbox).

Section 1. Data Processing, Printing and Mailing (DPPM) Service Description A. Data Transfer and Processing
• Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C – Professional Services – for information on initial setup and ongoing programming changes. • Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client. • A File Transfer Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website.
• Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend -assigned “Job Code”.
• InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail • InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested).

B. Document Printing and Mailing
• Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. • Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow. • After a batch of mail is completed in InfoSend’s system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website.

Section 2. eBusiness Service Description
A. General System Description
• Mobile-Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads required of customers. Powered by InfoSend's CCM platform, customer specific messaging and payment reminders are delivered electronically.

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• Multi-Channel Payment Collection: InfoSend's payment platform will consolidate web, telephone, SMS, CSR, in-person EMV and bank payments into a single lockbox file.
• One-Time and Automatic Payments : allow customers to quickly make a one -time payment, as well as sign up to have their payment account auto debited with each billing cycle.
• Bill Notification and Presentment: notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers inbox or show online via the secure portal. • Interactive Voice Response (IVR): accept customer payments via automated phone service with InfoSend -hosted phone number, enabling client phone systems to redirect customers with ease. • SMS Text-to-Pay: enrolled customers may opt in to receive text notifications of new bills, and reply to have the registered payment method drafted for the amount due, speeding up the time to payment. • Bank Payments (MasterCard RPPS): InfoSend can collect payments made via the customer bank and include them within the lockbox file.
• PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted in the cloud by InfoSend in a secure PCI-Level 1 compliant environment.

B. Data Transfer and Processing
• Client to transmit data to InfoSend in an agreed upon format, using the Data Transfer and Processing workflow described in Section 1.
• Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client.
• If the Client is not using InfoSend’s DPPM Service, USPS address workflow will not be applied. • Data loaded into the eBusiness system is used to facilitate accurate payments via Web, IVR, SMS or Bank BillPay.

C. Customer Enrollment and Bill Notification
• Data loaded into the system will be used to facilitate customer enrollment, using two pieces of information specific to the customer bill.
• For enrolled customers, system will send a notification of the new bill available via email. • For enrolled customers who have opted in, system will send an SMS alert. • For customers using the IVR system, bill information will be dictated by text to voice. • For customers paying via Bank BillPay, the account number can be validated by the system prior to accepting payment. • The system may optionally be configured to display a PDF replica of the bill image.

D. Customer Payment and Reporting
• Customers can make payment via Web, SMS, IVR or Bank BillPay, depending on channels which Client has requested InfoSend setup.
• Payments can be configured to allow Users to pay by bank account and/or credit/debit card. • All payments will be reported in a standard daily “lockbox” file.

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Exhibit B - InfoSend Fees

This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Chino (“Client”). This Exhibit B provides the Fees which InfoSend shall bill to Client in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Fees
InfoSend reserves the right to increase InfoSend Fees on a n annual basis starting with the first anniversary of the Effective Date to account for increases in the cost of materials, labor, and other overhead. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless other terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do no t require an amendment to the Agreement.

Additionally, if Client uses DPPM Services, InfoSend reserves the right to increase paper, form, and envelope fees as needed, with thirty (30) days’ written notice to Client, in the event of extraordinary increases to the cost of paper.

InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Clie nt, in accordance with actual Client and Client User transactional usage. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred and eighty (180) days’ notice.

Section 2. Client Representations
Client Volume Assumptions
Customers Contacted or Billed Monthly
19,500 Utility Billings

Number of Batches Monthly
Daily

Section 3. DPPM Fees:

Document Production Summary
Utility Bills
Package includes: Data processing, one printed 8.8 x 11”sheet up to 4/1 ink, InfoSend outgoing #10 envelope, InfoSend #9 return envelope $0.1519 per document

Finished mail pieces are delivered to the USPS within one (1) business day. If electronic PDF samples (proofs) are requested then the mailing will be completed within one day of sample approval. File upload deadline for next-day mailing is 3:00PM local time at the production facility designated for your account. If samples are req uired then they must be approved by 5:30PM local time for the file to be mailed by the next business day.

The below green shaded rows provide the components of the summary price given above. All pricing is based on “Client Volume Assumptions” listed and excludes applicable sales tax.

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Data Processing, Document Composition, Printing and Mailing Service Data Processing - Printing & Mailing Fee with up to 4/1 Ink - All Files $0.085 USPS Postage Pass-through
A postage deposit will be required prior to starting service.

Print Color Options (colors per side) * $0.085 for 4/0 or 4/1 printing $0.085 for 4/4 printing
Inline Insert Print Fee* $0.085 Black printing
$0.085 Color printing
Batch Fee (per mailing batch under 200 mail pieces) $5.21 Excess Pages Handwork Surcharge (per mail piece) $0.3500 Address Updates – per “hit” (address that gets updated) $0.33 NCOA $0.33 ACS
*Data Processing, Document Composition, Printing and Mailing service fees are bundled into one line item.

*Prices assume normal ink/toner coverage for business documents. Flood coating the entire page in color or other types of extremely high coverage designs may cost more or not be technically feasible. Extremely high coverage designs can cause content to bleed through to the other side of the page or to cause the page to curl too much to work properly with high-speed mail inserting equipment.

The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to Client average mailing volume or changes to USPS postage rates with at least thirty (30) days’ written notice to Client.

Materials*
Standard 8.5” x 11” Paper Stock (per sheet) $0.0179
Standard 8.5” x 14” Paper Stock (per sheet) $0.03
Inline Insert 8.5” x 11”, white 24# Paper Stock (per sheet) $0.0325 Standard Double Window Outgoing #10 Envelope $0.0260
Standard Single Window Return #9 Envelope $0.0230
Outgoing Flat Envelope – used for mailpieces with excess pages $0.1900 *InfoSend reserves the right to increase paper, form, and envelope fees as needed, with thirty (30) days’ written notice to Client, in the event of extraordinary increases to the cost of paper. If the parties are unable to reach agreement on the proposed increase, either party may terminate the Agreement without penalty.

Insert Services
InfoSend Produced Quoted based on specification
Envelope Messaging (Snipes) Quoted based on specification Electronic Inserts $0.0100
Inserting Fee

Fee to insert an InfoSend produced or Client provided marketing or informational insert. Client provided (drop-shipped) inserts must be professionally packaged and ready for usage. If folding is required then additional fees apply based on folding requirements. Minimum fee is $0.01 per insert for folding. If inserts are not professionally packaged and damaged in shipment or require additional labor to prepare for inserting then additional fees can apply.

Per item fee assumes the insert will be included in all mail pieces. Selective inserting is available but requirements must be reviewed on a case by case basis to determine if additional fees will apply for setup and handling.
$0.0100

65 InfoSend Exhibits to MSA
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Optional Document Services
Print Image Archiving (Per Document Image), with included USPS mail tracking $0.020 - For 60 Months of Retention Print Image Archive API Monthly Support Fee $100.00
Final Doc Transfer (FDT)

Delete before sending!
Option 1: Billers < 10,000 bills a Month: $0.02 per bill Billers 10,000 – 19,999 bills a Month: $0.015 per bill
Billers 20,000 and up bills a Month: $0.009 per bill

Option 2: Billers < 10,000 bills a Month: $0.03 per bill Billers 10,000 – 19,999 bills a Month: $0.025 per bill
Billers 20,000 and up bills a Month: $0.015 per bill
Option 1: $0.0000 per document. One PDF will
be provided per batch with multiple
documents in it. InfoSend standard batch file
format provides account and page numbers for
each record in the batch.

Option 2: $0.0000 per document. Each
document will be provided in a separate PDF
file. A custom batch file format can be
provided if the InfoSend standard format will
not work.

Professional Services Rate (per hour) $160.00
Returned Mail Handling $0.3500 per reported returned mail piece Remit Tracking $50.00 monthly support fee

Online BillPay Platform
Online BillPay Setup Fee N/A - Installed
Monthly Maintenance $161.665
Per eBill Loaded $0.0208
Per Enrolled Customer Fee $0.0417
Per Initiated Payment $0.0417

Fee Explanations
Data Processing
• Setup Fee - Express PDF Input: Requires a final composed PDF is uploaded to InfoSend for processing. Clients maintain control of document look and feel, but InfoSend designs a program to parse the necessary data from the PDF. • Setup Fee - Data Only Input: Requires the client provide a flat data extract, InfoSend creates, hosts and maintains an application to generate documents.

Existing document design is copied.
• Document Re-Design Fee: Using the “Data Only Input” method, InfoSend’s Client Services Team assists in redesigning the format of printed documents to improve communications or to take advantage of new printing capabilities. • Data Processing Fee: Per document image that is processed by the InfoSend system for output.

Printing and Mailing Service
• Print Fee: Price includes baseline number of colors printed on the front and back of the document. All variable and static images are dynamically imaged onto white form with a perforation.
• Postage: Clients are invoiced for the exact postage used. Leveraging InfoSend’s USPS compliance and expertise, clients are provided the lowest possible USPS automated rates when client batches qualify.
• Optional Color Upgrades: Different options are available at different prices. Numbers fewer than 4 equal individual colors, 4 equals full color. The number 1 means black or grey. All sheets are billed at the same rate; the price for the sheet with the highest number of colors is the applicable fee. 4 equals CMYK (full color).
• Batch Fee: Assessed to cover InfoSend costs when batches transferred to InfoSend fall below threshold. • Inline Insert Print Fee: Price for inserts printed on demand as additional pages. Allows for more dynamic customer messaging without the extra pre- production lead time and overhead.
• Excess Pages Handwork Surcharge: Surcharge is assessed per mail piece (not per page). This surcharge only applies to multiple page bills that have too many pages to be inserted into a #10 envelope by machine. This surcharge covers the necessary manual labor required to process these mail pieces. • Address Updates – NCOALink or ACS: Per reported update. InfoSend electronically reports the addresses it received in your data that need to be updated because the customer filed a Change of Address Report with the USPS. Cost is per update.

Materials
• Paper Stock: White paper stock with or without perforation. Paper is 8.5x11” and 24lb. Price includes all inventory costs. A larger 8.5x14” format is available at a higher material cost and higher printing cost.
• Outgoing #10 Envelope: #10 InfoSend Standard Double Window Outgoing Envelope. Includes security tint printed on the inside of the paper stock and clear film that prevent the contents of the envelope from being viewed. Sourced with sustainably logged paper (SFI). • Return #9 Envelope: #9 InfoSend Standard Single Window Return Envelope. Includes the same security tint and SFI paper as the #10. 66 InfoSend Exhibits to MSA
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• Outgoing Flat Envelope: Single window envelope, only used for multiple page statements that do not fit in the #10 envelope.

Insert Services
• InfoSend Produced Inserts: Utilizing InfoSend printing and/or design services, inserts can be produced by InfoSend. Price quoted on request. • Envelope Messaging (Snipes): Custom messages and images can be printed onto the standard InfoSend #10 double window envelope as a more cost- effective alternative to pre-manufactured custom envelopes. The price depends on the artwork – number of colors and whether it prints on one or both sides of the envelope, as well as order quantity. Price is quoted upon request. • Electronic Inserts: Fee per digital image of a physically produced insert included in the PDF copy of a document. Ensures that client representatives and client customers can get the same information in the electronic bill as would go out physically. • Inserting Fee: Client provided or InfoSend produced inserts to be included with InfoSend produced mail. Additional fee applies if insert arrives at InfoSend but requires folding prior to insertion. Setup fees may apply for programming selective inserting. InfoSend-printed inserts are quoted upon request.

Optional Document Services
• Enhanced Print Quality: The baseline print image quality for transactional documents such as statements and invoices is 600 x 600 DPI. Work produced from InfoSend’s Anaheim facility can be printed at an enhanced image quality at an additional cost. This option uses high-definition pigment ink & variable drop sizes to achieve a perceived 1200 x 1200 DPI image quality. • Print Image Archiving: Fee per document to process, index, and store a document as a PDF for a set number of months. PDFs are securely accessed using an InfoSend website application, and includes USPS mail tracking for all outbound First-Class Mail documents. Setup fees may apply depending on configuration needs.
• Print Image Archive API Monthly Support Fee: A flat monthly support fee to provide API access to documents in the InfoSend Print Image Archive. InfoSend will work with the designated third parties that a client chooses, and provide support and open access to API calls on a monthly basis. • Final Doc Transfer FTP: Each completed InfoSend batch is indexed and transferred to you via FTP or SFTP to store on your own network. InfoSend’s standard Batch File format is one PDF per batch with an XML companion file providing meta data and page numbers. If the client requires a custom scheme, including individual PDFs per each image in a batch, the Custom fee applies. Note: setup fees may also apply for some custom setups. • Professional Services Fee: Per hour and performed only upon request for customizations made to processing program or document format after go-live.

Work is only started after receiving client approval of a formal quote. • Returned Mail Handling: InfoSend will provide electronic reporting of mail that is returned by USPS, saving clients the hassle of receiving and opening returned mail to update records. All records which are not delivered will be securely destroyed and recycled after reporting. • Remit Tracking: For clients utilizing the Print Image Archiving service, InfoSend can also track inbound mail from customers utilizing an included remittance stub in the outbound mail. With Remit Tracking clients will be able to see when a customer responded to the original mail piece, as well as get a daily report of inbound mail with an estimated value of payment remittances based on the outbound mail.

Section 3.1. Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custo m Client- specific materials (either in this Agreement or since its execution), then Client understands and accepts that these mater ials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend’s Service for any reason. Client agrees to purchase the remaining supply of custom forms/envelopes upon Client’s request to change the custom forms/envelopes before the supply has been depleted.

Section 3.2. USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS an d are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail.

Section 3.3. Postage Deposit
InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client’s payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid.

The postage deposit amount is calculated by multiplying the estimated number of mail pieces per month by the current 5 -Digit pre- sorted first class postage rate. The postage deposit amount due for your account is:

N/A – Postage deposit has been made.

The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to Client average mai ling volume or changes to USPS postage rates with at least thirty (30) days’ written notice to Client.

67 InfoSend Exhibits to MSA
Version 3.4
Exhibit C – Professional Services

This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Chino (“Client”). This Exhibit C provides InfoSend’s Professional Services Fees which InfoSend shall bill to Client in exchange for Professional Services. To the extent that any term is not expressly defined her ein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of pro viding these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The Client will be notified, in writing, at least thirty (30) days prior to such price incr ease. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed.

Section 2. Definition of Professional Services
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial s etup is complete.

Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change o r makes changes to its data file format or business rules which necessitates a change to InfoSend’s system config uration or programming.

Examples of InfoSend Professional Services:

• Project requirements gathering and analysis hours
• Project management and/or consulting hours
• Software development and system configuration hours related to the processing of Client’s data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours

Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $160.00 per hour. In the event that a project will incur billable Professional Services hours, Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for the project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work c an include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, o therwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work.

Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods:

• Fixed Quote – a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scena rio arises and will be given an option to keep the original project specifications to keep the fixed quote in place.

• Time and Materials Quote – should it not be possible to provide a fixed quote due to the nature of a Client’s requested project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project.

Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms, and to the proje ct-specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client’s specific requirements and data types.
68 City of Indio
City Council
June 4, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: for Inc., InfoSend to Agreement Professional Utility the Award Service Billing, Printing and Mailing Services in an annual amount not to exceed $275,000 for a total not-to-exceed $825,000.

RECOMMENDATION:

That the City Council/Indio Water Authority (IWA) Board approve a three (3) year Professional Services Agreement with InfoSend, Inc. in an annual not-to-exceed amount of $275,000, for a total not-to-exceed $825,000 for the term of the agreement, with the option to extend the Agreement for up to two (2) additional one (1) year periods at IWA’s discretion.

SUMMARY:

On March 31, 2025, IWA issued a Request for Proposals (RFP) for utility bill printing and mailing services. Two proposals were received by the April 22, 2025, deadline from InfoSend, Inc. and Inland Presort and Mailing Services. After thorough evaluation by IWA staff, InfoSend earned the highest rating based on evaluation criteria. If approved, the new agreement will begin July 1, 2025.

BACKGROUND INFORMATION:

On June 3, 2020, the City Council/IWA Board approved an agreement with InfoSend for utility bill printing and mailing services, which expires June 30, 2025. IWA issued a Request for Proposals (RFP) on March 31, 2025, for a new contract starting July 1, 2025 (FY 2025–26). Two proposals were on based evaluation the received highest current the InfoSend, received; vendor, qualifications, experience, understanding of IWA’s needs, and cost.

IWA processes approximately 25,000 bills monthly, along with 5,000 delinquency notices and additional off-cycle mailings. InfoSend handles both mailed and electronic billing services.

Staff recommends that the City Council/IWA Board approve a three (3) year Professional Services Agreement with InfoSend in the annual not-to-exceed amount of $275,000, for a total not-to-exceed $825,000 for the term of the agreement, commencing July 1, 2025, and ending June 30, 2028. The agreement includes two (2) optional one (1) year extensions, which may be exercised at IWA’s sole discretion.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
69 Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:
$275,000 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: IWA Customer Service Fund-Org-Object
Reference:
8106714-524020,
8106714-524022,
8106714-524002

Additional Financial Details:

SERVICES IWA ACCOUNT FY 25/26 BUDGETED
AMOUNT
Bill Redesign (As-Needed) 8106714-524002 $10,000

Printing and Reproduction for
bills, notices and bill inserts

8106714-524022
$55,000
Postage for regular bills,
notices and bill inserts

8106714-524020
$180,000
PSA allowance for special
mailing & projects

8106714-524022

$30,000

Total

$275,000

Bill data processing, printing and mailing services are projected at $245,000 for Fiscal Year 2025- 2026. The $30,000 difference between the budgeted cost and the annual compensation limit is to account for future increase in mailing cost and to reflect additional compensation paid directly by other City departments when utilizing IWA for billing inserts and special notices.

ATTACHMENTS:

Attachment 1 - Professional Services Agreement InfoSend Inc. Final Attachment 2 - Request for Proposals - Utility Bills Printing and Mailing Attachment 3 - InfoSend Inc. Proposal

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 21 May 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 27 May 2025 Ruby D. Walla, Director of Finance Approved - 27 May 2025 Bryan H. Montgomery, City Manager Approved - 27 May 2025

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70 PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

INFOSEND, INC.

A PRIVATELY HELD CALIFORNIA CORPORATION

Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT

FOR UTILITY BILLING FILE TRANSFER AND DATA PROCESSING, BILL PRODUCTION,

PRINTING, MAILING AND ARCHIVING SERVICES
BETWEEN THE INDIO WATER AUTHORITY AND INFOSEND INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and INFOSEND, INC., a privately-held California Corporation (“Consultant”). For the purposes of this Agreement Authority and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by request for proposals the performance of the providing utility billing file transfer and data processing, bill production, printing, mailing and archiving services, defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by Authority to perform those services.

3. Consultant was selected by Authority on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, Authority has authority to enter into this Agreement and the Executive Director has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and 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:

SECTION 1. T ERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2028 commencing on Effective Date, and may be extended by the Authority, at its sole discretion, for two (2) additional, one (1) year terms, on the same terms and conditions set forth herein.

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(b) The Executive Director may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple Authority fiscal years, and that work and compensation under this Agreement is contingent on the Authority’s Governing Board (“Board”) appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the Executive Director at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. Authority is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Board.

SECTION 2. S COPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the Authority agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The Authority, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. A DDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. C OMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, Authority agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $275,000 per fiscal year, and a total not to exceed $825,000 for the term of the agreement, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with Authority’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Authority at the address set forth in Section

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24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the Executive Director’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the Board.

(b) Each month Consultant shall furnish to Authority an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. Authority 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. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by Authority, the original invoice shall be returned by Authority to Consultant for correction and resubmission.

(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Authority, Authority 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.

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

(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the Authority shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. I NSPECTION AND FINAL ACCEPTANCE.

Authority may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. Authority shall reject or finally accept Consultant’s work within sixty (60) days after submitted to Authority. Authority shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted.

Authority’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by Authority shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. O WNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant

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in the course of providing the Services pursuant to this Agreement shall become the sole property of Authority and may be used, reused or otherwise disposed of by Authority without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Authority all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that Authority utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to Authority all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the Authority or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the Authority, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. C ONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to Authority pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records

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shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by Authority or its designated representative. Copies of such documents or records shall be provided directly to the Authority for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where Authority has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, Authority may, by written request, require that custody of such documents or records be given to the Authority. Access to such documents and records shall be granted to Authority, as well as to its successors in interest and authorized representatives.

SECTION 8. I NDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Authority. Consultant shall have no authority to bind Authority in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Authority, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Authority.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. 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 Authority.

(c) 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 Authority’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. S TANDARD OF PERFORMANCE.

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. Consultant shall at all times faithfully, competently and to

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the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the Authority.

Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the Authority, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of Authority and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. 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.A. §§ 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 the Services, and should the any liability or sanctions be imposed against Authority for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Authority for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Authority.

SECTION 14. CONFLICTS OF INTEREST.
(a) 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 Authority, or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Executive Director. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement. (b) Authority understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of Authority relative to such projects. Any future position of Authority on such projects shall not be considered a conflict of interest for purposes of this section. (c) Authority understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; 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 Authority without prior written authorization from the Executive Director, except as may be required by law.

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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 Authority notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then Authority shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. Authority 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 Authority and to provide Authority 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 Authority to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to Authority) and hold harmless Authority and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

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Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of Authority to monitor compliance with these requirements imposes no additional obligations on Authority and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Authority as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

(c) Notwithstanding anything to the contrary in this Agreement, the Consultant’s aggregate liability arising from or relating to this Agreement shall be limited to the Service Fees that the Consultant received from the Authority in the six (6) months preceding the accrual of the claim.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by Authority as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the Executive Director. Consultant agrees to provide Authority with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

Authority has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the Authority, which may be given in the sole and absolute discretion of the Executive Director. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Authority to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” Authority acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the Authority is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the Authority.

SECTION 19. C ONTINUITY OF PERSONNEL.

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Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify Authority of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. T ERMINATION OF AGREEMENT.
(a) Authority may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to Authority.

(c) If either Consultant or Authority fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or Authority may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or Authority, all property belonging exclusively to Authority which is in Consultant’s possession shall be returned to Authority. Consultant shall furnish to Authority a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, Authority may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.

Authority may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. D EFAULT.

In the event that Consultant is in default under the terms of this Agreement, the Authority shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Authority 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 or reduced, if circumstances warrant. During the period of time that Consultant is in default, the Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Authority 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 Authority may

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take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. E XCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of Authority, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. C OOPERATION BY AUTHORITY.

All public information, data, reports, records, and maps as are existing and available to Authority as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. N OTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To Authority: Indio Water Authority
Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201

To Consultant: InfoSend, Inc.

Attn: Russ Rezai
4240 E. La Palma Ave.

Anaheim, CA 92807
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. A UTHORITY TO EXECUTE.

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The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the Executive Director or his or her designated representative. The Executive Director shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the Executive Director’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by Authority. The Executive Director shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the Executive Director’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. 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 nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by Authority of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

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SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and Authority prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by Authority to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR UTILITY BILLING FILE TRANSFER AND DATA PROCESSING, BILL PRODUCTION,

PRINTING, MAILING AND ARCHIVING SERVICES

BETWEEN THE INDIO WATER AUTHORITY AND INFOSEND INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

INDIO WATER AUTHORITY
___________________________
Bryan H. Montgomery
Executive Director
ATTEST:

SECRETARY
By: ___________________________
Sabdi Sanchez, CMC
Director of City Clerk Services
APPROVED AS TO FORM:

AUTHORITY GENERAL COUNSEL
By: ____________________________
Steven Graham

CONSULTANT
INFOSEND, INC.

By:

Russ Rezai
President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
Scope of Work
A. File Transfer and Data Processing:

1. Vendor must have the ability to accept daily bill files using an HTTPS upload or a standard FTP or SFTP transmission with encryption support. IWA must be able to log into the Vendor’s server and transmit the files 24/7.

2. Vendor must be able to accept IWA files in their current format as IWA may be unable to change the bill file format without manual intervention and/or a modification to the billing system. Vendor must be able to handle zipped data files in ASCII format or PDF format.

3. The vendor must provide a web-based interface to:
a. Track the status of job types through the production process b. View reports
c. Manage inserts
d. Process exception or special handling of documents
e. Manage ad-hoc messages displayed on job output
f. Upload test files

4. Vendor must provide IWA the ability to view and approve sample bills online before they are printed and mailed. Vendor must notify IWA once the sample bills are ready to review via email or online platform. Samples shall be approved within 24 hours of sample notice. Included with the sample bills must be a summary of the total counts of printed bills, suppressed bills, and number of inserts included with the batch.

5. Vendor must mail documents within 24 hours of approval of sample files. Approvals must be made within the vendor’s web-based interface and include a mailing status report with the confirmation.

6. Vendor must have the capability to suppress the printing of bills and/or envelopes for certain customers based on IWA requirements. Suppression could be on a one-time or ongoing basis.

7. Vendor must be able to produce IWA bill in the current format, propose a new bill format and/or provide a bill re-design included in the implementation.

8. Vendor must configure the remittance stub to work with the remittance processing equipment and software used to process the incoming checks.

9. Vendor must have the capability to print:

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Exhibit A – Scope of Services
Page | 2
a) Intelligent bill messages based on customer type, or other parameter within the data file
b) Logos
c) Usage history graphs
d) Multiple page bills as needed

10. Vendor must provide an interface that will allow IWA to update requirements for bill messages and bill inserts on an ad-hoc basis. Interface must allow IWA to include/exclude inserts and messages based on IWA requirements including customer type, account number, or other parameter within the data file.

11. Vendor must have in place and provide as part of the response a comprehensive Quality Control Plan (QCP) for ensuring the data, printing and mailing is error free.

12. Vendor must provide information of the process to ensure that the billing data provided is being protected from unauthorized exposure and use.

13. Vendor must provide a process of “pulling” a bill from live production file. Vendor must indicate in the response whether live pulling fees apply.

14. Vendor must provide description of printing and mailing equipment used and explain how redundancy is achieved in the event of equipment failure at the facility.

15. Vendor must have procedures for ensuring that the bill file transmissions are completed successfully. Vendor must provide in the response details on what happens if a file transfer errors.

B. Materials

1. Vendor must support 8.5” x 11”, 24# white paper stock. The Vendor must be able to reproduce preprinted and perforated paper stock that matches or exceeds the quality of the current stock, including providing the same number of preprinted colors.

2. Vendor must be able to provide:
a) A double window #10 mailing envelope, 24# white paper stock b) A single window #9 security return envelope, 24# white paper stock

3. Vendor must provide the ability to print inserts, newsletters or other notices to be included with regular mailings and in full color.

4. Vendor must agree to receive shipments of inserts and store/warehouse all forms and envelopes used to process IWA bills.

5. Vendor must be able to perform intelligent/selective inserting based on customer type or other parameters provided in the data.

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Exhibit A – Scope of Services
Page | 3

C. Archived Documents

1. Vendor must be able to archive as PDF files of document images. PDF images must be available on the same day that data files are processed. These files must be accessible through the vendor’s web-based interface and available for download.

2. Vendor must supply an online interface to IWA to view the document images produced.

Vendor must provide details about the interface capabilities including:
a) Screen shots of the interface
b) Search capability
c) Print capability
d) Process for viewing archived bill images
e) Process for emailing archived bill images to specific customer email addresses

3. Vendor must be capable of indexing at least five (5) data fields for searching via online interface.

4. Vendor must be able to store document images for 60 months. These files must be accessible through the vendor’s web-based interface and available for download.

5. Vendor document archiving system must have a secure, encrypted API to allow third party integration to access bill images.

D. USPS Presort and Mail

1. Vendor must be capable of presorting documents and including an intelligent mail barcode and maintaining CASS certification or NCOA to maximize postal discounts.

2. Vendor must produce and deliver to the USPS from a Southern California production/processing facility.

3. Vendor must be able to provide automated proof of delivery to the USPS.

4. Vendor must be able to match multiple bills destined to the same customer and mailing address in the same batch. Matched bills must be inserted into one appropriate size envelope and metered first-class separately and delivered to the USPS at the same time as all other bills are delivered.

5. Vendor must prepay for postage on agency behalf and bill IWA for actual postage used on a monthly basis. Any handling fee or mark-up on the postage costs must be clearly stated and agreed upon in advance. The vendor must provide receipts from USPS or other documentation with the invoices to verify the actual postage charges

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Exhibit A – Scope of Services
Page | 4
E. Reporting

1. Vendor must provide an email confirming receipt of file transmission for data processing.

2. Vendor must provide daily production confirmation reports. This report should contain the following details, at a minimum:
a) Number of bills received for processing
b) Number of bills printed
c) Number of suppressions
d) Postage presort breakdown including actual rates
e) Inserts used and insert counts
F. Customer Support

1. Vendor must provide unlimited customer support to agency personnel during vendor’s business hours.

2. Vendor must provide procedures for providing after-hours support.

3. Vendor must provide a list of dates when vendor operations will not be conducted.

4. Vendor must provide contact points for customer service which include:
a. Primary and Backup contact individual name and role
b. Primary and Backup contact individual phone numbers and availability c. General Support email addresses
d. Online Support via web interface
e. Escalation Contact for higher level support
f. After-Hours support contact information

5. Vendor must provide a dedicated project manager for implementation and ongoing customer support after project go-live.

6. Vendor must provide weekly status updates during all project implementations, including progress, upcoming milestones, issues, and timeline adjustments. Updates should be sent via email or an online tool, with relevant documents attached, and include follow-up on any issues or feedback.

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Authority shall pay Contractor the flat rate amounts set forth in the Contractor's proposal (Price Form Attached), for the services requested by the Indio Water Authority. . In no event shall the compensation exceed $275,000 per fiscal year in a term without an amendment to this agreement.

The attached Price Form shall remain fixed for the initial three-year period. A price adjustment will be considered for each additional fiscal year term on the anniversary date of the agreement.

A request for price adjustment must be submitted in writing at least 90 days prior to the anniversary date of the agreement. If the parties are unable to agree upon proposed price adjustments, either party may opt not to renew without penalty.

Price Form

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Exhibit B – Compensation
Page | 2
EXHIBIT “B”

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Addendum 2 – Federal Funds
Page | 1
ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the Authority, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

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.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability 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.

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.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Authority, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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Addendum 2 – Federal Funds
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Authority.
(C) OTHER REQUIREMENTS. Consultant agrees to deposit with Authority, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy Authority that the insurance provisions of this contract have been complied with. The Authority General Counsel may require that Consultant furnish Authority with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Authority reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the Authority, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Authority or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein

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Addendum 2 – Federal Funds
Page | 3
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 Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, 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 Authority, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that Authority 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.

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94 REQUEST FOR PROPOSALS

For

Utility Billing, Printing and Mailing Services

Date of Issuance: March 31, 2025

RESPONSES MUST BE RECEIVED NO LATER THAN

3:00 pm, April 22, 2025

Electronic Submittal Directed to:

Josue Birruete
Customer Service Supervisor
[email protected]

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95 2

I. STATEMENT OF PURPOSE

Indio Water Authority (IWA) invi tes qualified businesses (the V endor) to submit proposals for providing high qua lity utility bill production, p rinting and mailing services for its utility bills at a competitive price. The succ essful Vendor will be required to execute an agreement, which is substantially in the form as set forth in Attachment B.

The intent is to select one Vendor to perform utility bill printing and mailing services for approximately 25,000 resident ial, commercial and institutio nal customers per month. Currently, IWA send approximately 25,000 bills per month in bi weekly cycles consisting of a maximum of 16,000 bills to as little as 4,000 bills. In addition, IWA sends out 5,000 delinquent notices to customers per month a nd sends off- cycle bills during the month as the need dictates.

Assumptions and Definitions
The following assumptions and definitions are used in preparing this document, and should be adopted in preparing any response:
 The term RFP refers to this document and all of its attachment s, including any materials from IWA and relevant third parties.
 The term Proposal refers to the materials submitted in response to this RFP.

The term Proposer refers to the billing vendor.

Responses will be evaluated based on the criteria outlined in t his RFP. Any departure from the criteria must be clearly outlined (See Secti on 3 of Proposal Format).

II. BACKGROUND INFORMATION

The Indio Water Authority (IWA) has been in existence since 2000 as a subsidiary agency of the City of Indio. Its mission is to provide the Cit y’s residents, visitors and businesses with safe and reliable water, while ensuring the long-term viability of the City’s water services for its users. IWA currently distributes domestic water to approximately 25,000 customer accounts within city limits; i t does not provide wastewater or any other utility services.

III. SCOPE OF WORK

Note: Y = Yes, N = No, P = Possible or Alternative Approach

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96 3

A. File Transfer and Data Processing:

Indicate Y/N/P: ____
Vendor Response:

2. Vendor must be able to accept IWA files in their current for mat as IWA may be unable to change the bill file format without manual intervention and/or a modification to the billing system. V endor must be able to handle zipped data files in ASCII format or PDF format.

Indicate Y/N/P: ____
Vendor Response:

3. The vendor must provide a web-based interface to:
a. Track the status of job ty pes through the production process b. View reports
c. Manage inserts
d. Process exception or special handling of documents
e. Manage ad-hoc messages displayed on job output
f. Upload test files

Indicate Y/N/P: ____
Vendor Response:

4. Vendor must provide IWA the ability to view and approve sample bills online before they are printed and mailed. Vendor must notify IWA once the sample bills are ready to review via email or online platform. Samples shall be approved within 24 hours of sample notice. Included with the sa mple bills must be a summary of the total counts of printed bills, suppressed bills, and number of inserts included with the batch.

Indicate Y/N/P: ____
Vendor Response:

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97 4

5. Vendor must mail documents within 24 hours of approval of sa mple files.

Approvals must be made withing the vendor’s web-based interface , and include a mailing status report with the confirmation.

Indicate Y/N/P: ____
Vendor Response:

6. Vendor must have the capability to suppress the printing of bills and/or envelopes for certain customers based on IWA requirements. Sup pression could be on a one-time or ongoing basis.

Indicate Y/N/P: ____
Vendor Response:

7. Vendor must be able to produce IWA bill in the current forma t, propose a new bill format and/or provide a bill re-design included in the implementation.

Indicate Y/N/P: ____
Vendor Response:

8. Vendor must configure the remittance stub to work with the r emittance processing equipment and software used to process the incoming checks.

Indicate Y/N/P: ____
Vendor Response:

9. Vendor must have the capability to print:
a) Intelligent bill messages based on customer type, or other p arameter within the data file
b) Logos
c) Usage history graphs
d) Multiple page bills as needed

Indicate Y/N/P: ____
Vendor Response:

10. Vendor must provide an interface that will allow IWA to update requirements for bill messages and bill inserts on an ad-hoc basis. Interfac e must allow IWA to include/exclude inserts and messages based on IWA requir ements

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98 5

including customer type, account number, or other parameter within the data file.

Indicate Y/N/P: ____
Vendor Response:

11. Vendor must have in place and provide as part of the respon se a comprehensive Quality Control Plan (QCP) for ensuring the data, printing and mailing is error free.

Indicate Y/N/P: ____
Vendor Response:

12. Vendor must provide information of the process to ensure th at the billing data provided is being protected from unauthorized exposure and use.

Indicate Y/N/P: ____
Vendor Response:

13. Vendor must provide a process of “pulling” a bill from live production file.

Vendor must indicate in the response whether live pulling fees apply.

Indicate Y/N/P: ____
Vendor Response:

14. Vendor must provide description of printing and mailing equ ipment used, and explain how redundancy is achieved in the event of equipment failure at the facility.

Indicate Y/N/P: ____
Vendor Response:

15. Vendor must have procedures for ensuring that the bill file transmissions are completed successfully. Vendor must provide in the response details on what happens if a file transfer errors.

Indicate Y/N/P: ____
Vendor Response:

B. Materials

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99 6

1. Vendor must support 8.5” x 11”, 24# white paper stock. The Vendor must be able to reproduce preprinted and perforated paper stock that matches or exceeds t he quality of the current stock, including providing the same number of preprinted colors.

Indicate Y/N/P: ____
Vendor Response:

2. Vendor must be able to provide:
a) A double window #10 mailing env elope, 24# white paper stock b) A single window #9 security return envelope, 24# white paper stock

Indicate Y/N/P: ____
Vendor Response:

3. Vendor must provide the ability to print inserts, newsletter s or other notices to be included with regular mailings and in full color.

Indicate Y/N/P: ____
Vendor Response:

4. Vendor must agree to receive shipments of inserts and store/ warehouse all forms and envelopes used to process IWA bills.

Indicate Y/N/P: ____
Vendor Response:

5. Vendor must be able to perform intelligent/selective inserti ng based on customer type or other parameters provided in the data.

Indicate Y/N/P: ____
Vendor Response:

C. Archived Documents

1. Vendor must be able to archive as PDF files of document imag es. PDF images must be available on the same day that data files are pr ocessed.

These files must be accessible through the vendor’s web-based i nterface and available for download.

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7 Indicate Y/N/P: ____
Vendor Response:

2. Vendor must supply an online interface to IWA to view the document images produced. Vendor must provide deta ils about the interface capab ilities including:
a) Screen shots of the interface
b) Search capability
c) Print capability
d) Process for viewing archived bill images
e) Process for emailing archived bill images to specific custom er email addresses

Indicate Y/N/P: ____
Vendor Response:

3. Vendor must be capable of indexing at least five (5) data fields for searching via online interface.

Indicate Y/N/P: ____
Vendor Response:

4. Vendor must be able to store document images for 60 months. These files must be accessible through the vendor’s web-based interface and available for download.

Indicate Y/N/P: ____
Vendor Response:

5. Vendor document archiving system must have a secure, encrypt ed API to allow third party integration to access bill images.

Indicate Y/N/P: ____
Vendor Response:

D. USPS Presort and Mail

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8 1. Vendor must be capable of pre sorting documents and includin g an intelligent mail barcode and maintaining CASS certification or NCOA to maximize postal discounts.

Indicate Y/N/P: ____
Vendor Response:

2. Vendor must produce and deliver to the USPS from a Southern California production/processing facility.

Indicate Y/N/P: ____
Vendor Response:

3. Vendor must be able to provide automated proof of delivery to the USPS.

Indicate Y/N/P: ____
Vendor Response:

4. Vendor must be able to match multiple bills destined to the same customer and mailing address in the same batch. Matched bills must be inserted into one appropriate size envelope and m etered first-class separatel y, and delivered to the USPS at the same time as all other bills are delivered.

Indicate Y/N/P: ____
Vendor Response:

5. Vendor must prepay for postage on agency behalf and bill IWA for actual postage used on a monthly basis. Any handling fee or mark-up on the postage costs must be clearly stated and agreed upon in advance . The vendor must provide receipts from USPS or other documentation w ith the invoices to verify the actual postage charges

Indicate Y/N/P: ____
Vendor Response:

E. Reporting

1. Vendor must provide an email confirming receipt of file transmission for data processing.

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9 Indicate Y/N/P: ____
Vendor Response:

Indicate Y/N/P: ____
Vendor Response:

F. Customer Support

1. Vendor must provide unlimited customer support to agency per sonnel during vendor’s business hours.

Indicate Y/N/P: ____
Vendor Response:

2. Vendor must provide procedures for providing after-hours support.

Indicate Y/N/P: ____
Vendor Response:

3. Vendor must provide a list of dates when vendor operations w ill not be conducted.

Indicate Y/N/P: ____
Vendor Response:

4. Vendor must provide contact point s for customer service which include:
a. Primary and Backup contac t individual name and role b. Primary and Backup contact individual phone numbers and availability c. General Support email addresses
d. Online Support via web interface
e. Escalation Contact f or higher level support
f. After Hours suppor t contact information

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10 Indicate Y/N/P: ____
Vendor Response:

5. Vendor must provide a dedicate d project manager for implemen tation and ongoing customer support after project go-live.

Indicate Y/N/P: ____
Vendor Response:

6. Vendor must provide weekly status updates during all project implementations, including progress, upcoming milestones, issues, and timeline adjustments. Updates should be sent via email or an on line tool, with relevant documents attached, and include follow-up on any issues or feedback.

Indicate Y/N/P: ____
Vendor Response:

IV. PROPOSAL FORMAT

All proposals must provide specific and succinct answers to all questions and requests in the Scope of Work. Indirect, imprecise, or incomplete responses can serve only to the disadvant age of the Proposer. Please an swer the questions in the format and order presented. Please limit your proposal to 20 total pages (Arial font, size 11. Minimum margins 0.75” top, bottom, and sides).

The proposals are to include the sections described below and must address all requested information. Any additional information that the vendor wishes to include should be included in an appendix to the proposal.

SECTION 1 – Cover Letter

Provide a brief description of the vendor and a statement of qualifications for performing the requested services. The proposal shall be signed by an official authorized to bind the Vendor and shall expressly stat e that the proposal is valid for 90 days.

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11 The cover letter shall include the name and title of the RFP, t he name and mailing address of the Vendor (including physical location if mailing address is a PO Box), the type of organization (e.g. California Limited Liability Company, a Professional Corporation, etc.), and the name, title , email address, and telephone number for the signatory.

SECTION 2 – Experience

Provide a summary of the Vendor’s prior experience with similar projects.

Vendors should have a minimum of five (5) years providing service to public agencies or utility agencies of comparable size. Summary should i n c l u d e specific and detailed descriptions of similar projects previous ly performed, project results, client name and year completed.

SECTION 3 – Scope of Work

Respond to all requirements defined in the Scope of Work. If a ny requirements cannot be supported, those items should be listed as exceptions. For exceptions, provide a recommendation for an al ternative approach. Provide a description of the required tasks for the implementation and post-production support. Includ e the tasks needed to compl ete the project and any recommended additi ons to the requirements. Als o, document assumptions used in development of the work tasks, inc luding assistance needed from IWA staff and required hardware and software.

SECTION 4 – Project Schedule

Include a project schedule for each key focus area of the project, as identified in the Scope of Work. Project schedule should contain key proj ect milestones and timelines for deliverables. I dentify assumptions used in developing the schedule.

SECTION 5 – Project Cost

Project Cost: Data Processing, Printing, and Mailing

Provide a cost proposal for print and mail development, implementation and ongoing maintenance. Identify all costs to be billed to the pr oject, including costs for hosting, testing and customer support. A sample bill is included

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12 as “Attachment A” to this RFP which is the billing format that IWA uses and wants supported by the Proposer.

Please adhere to the table form provided below.

Initial and Ongoing Professional Services Fees
One-Time Implementation Fee
Includes all phases of the project prior
to the production phase: initial
programming, testing and
implementation.
$ One-
Time
Fee
Professional Services Charges
For requested programming changes
after initial implementation.
$ Per
Hour

Cost of Materials
Statement Paper Stock Cost

8.5x11”, 24# pound paper stock
with a micro-perforation.
$ Per
Sheet
Late Notices

8.5x11”, 24# pound paper stock
$ Per
Sheet
Inline Inserts

8.5x11”, white, 24# pound paper
stock
$ Per
Sheet
Outgoing Envelope Cost
#10, Custom Indio, envelope with
security tint.
$ Per
Envelope
Return Envelope Cost
#9, Custom Indio, envelope with
security tint.
$ Per
Envelope
Flat Single Window Envelope
Cost
Applies only to multi-page bills that
do not fit in the standard Custom
Indio #10 envelope.
$ Per
Envelope

Service Fees
1 Page Bill Service Fee (Est.

Volume 25,000/month)
$ Per
Sheet

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106
13 Includes file transmission, data
processing, simplex bill printing,
mail preparation (folding, inserting
a 1-page bill and the return
envelope into an outgoing
envelope) and delivery to the
USPS.

Delinquents (est. Volume
5,000/month)
Includes file transmission, data
processing, simplex bill printing,
mail preparation (folding, inserting
a 1-page bill into an outgoing
envelope) and delivery to the
USPS.
$ Per
Sheet
Inline Inserts Service Fee
Price to include full color duplex
printing of insert PDF on the front
and back of the page onto white
pa
ge.
$ Per
Sheet
Multiple Page Mailpiece
Surcharge – Flat Mailpieces
For handling when there are too
many pages to be inserted by
machine. For example, multiple
bills are grouped together into one
envelope or box to reduce the
average per page postage. These
high page count sets can either be
inserted into a #10 envelope or flat
9x12” envelope.
$

Per #10
Package

Per Flat
Envelope

Optional Marketing Insert Fee
Charge for inserting client-provided
marketing insert. For example:

Newsletter.
$ Per
Additional
Insert
Optional Move Update Service
Fees
NCOALink or ACS service.
$ Per
Reported
Change

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107
14 Optional Archive Fee
Images must be stored in PDF
format for 60 months.
$ Per
Archived
PDF

SECTION 6 – Ancillary Services

Please list other services you may want to offer. This section is optional.

SECTION 7 – References

Provide a description of projects similar in nature and scope that the Vendor has completed in the last five years. Include client names, ad dresses, contact person and telephone numbers. Also provide a list of customers who stopped service prior to the original contract expiration date and the reason for the contract termination if any.

Also, please list how many government agencies have discontinue d your services for any reason within the past 3 years and identify th ose that left due to a quality, production or breach of contract issue if any.

SECTION 8 – Conflicts of Interest

Vendors submitting a proposal in response to this RFP must disc lose any actual, apparent, direct, indirect or potential conflicts of interest that may exist with respect to the vendor, management, or employees of the vendor or other persons relative to the services to be provided. If a vendor h as no conflicts of interest, include a statement to that effect in the proposal.

V. PROPOSAL REQUIREMENTS AND SUBMISSION GUIDELINES

A) TENTATIVE SCHEDULE – subject to change at IWA’s discretion

Release of RFP March 31, 2025
Questions due via e-mail April 7 – 15, 2025
Responses to Questions April 7 – 15, 2025
Deadline for Proposals April 22, 2025, 3:00 PM
Vendor Selection & Contract
Negotiations
April 23 - 25, 2025

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108
15 Prepare Staff Report and
Agreement
May 6, 2025
Tentative Date of Award May 21, 2025
Tentative Project Start Date Jul y 1, 2025

B) QUESTIONS & ANSWERS

All questions or clarifications must be submitted in writing vi a e-mail by the deadline shown in the Tentative Schedule to Josue Birruete at [email protected]. Questions with their answers will be posted on the IWA website by the date set forth in the Tentative Schedule. If suf ficient adjustments or clarifications are identified, IWA may issue an addendum to this RFP.

C) PROPOSAL SUBMISSION AND DEADLINE

Proposals must be submitted electronically by 3:00 PM on April 22 using a file hosting service such as Dropbox or Google Drive just to me ntion a few with the name caption "Indio Water Authority Utility Bill, Printing and Mailing Services RFP." The submitted proposal must be shared to [email protected] before 3:00 p.m. on April 22 to be considered valid.

Alternatively, the proposal can be emailed to be same email add ress if it is less than 5 MB.

All materials submitted with the proposal becomes the property of the Indio Water Authority (IWA) and w ill not be returned. The proposal w ill become public record subject to the discl osure provisions of the Publi c Records Act (Government Code Section 6250 et seq).

IWA reserves the right to reject all proposals, to request addi tional information concerning any proposals for purposes of clarification, to accept or negotiate any modification to any proposal, following the de adline for receipt of all proposals and to waive any irregularities, if su ch would serve the best interest of IWA, as determined by IWA Board.

D) DISCLOSURES AND ACKNOWLEDGEMENTS

1. Exceptions: Please remember to describ e any and all proposed exceptions, alterations or amendments to the Scope of Work or o ther requirements of this RFP, including the professional services a greement in your proposal. The nature and the scope of such exceptions may affect

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109
16 the evaluation of your proposal and IWA’s ability to determine whether it is possible to successfully negotiate an agreement with the Vendor.

2. Contract Award: The award notification will subsequently be followed by an agreement, substantially in the form set as Attachment B incorporating by reference all of the requirements, terms and conditions of the RFP and the Vendor’s proposal as negotiated.

Vendors whose proposals are not selected will be notified in writing within ten (10) business days of the IWA’s Board action.

3. Contract Period and Price Escalation: The selected Vendor shall be designated as IWA’s utility printing and mailing vendor for a m inimum three-year period beginning when the contract is awarded, approximately July 1, 2025 and renewable annually. IWA shall reserve the right to award an optional two terms of one (1) year each. The fees proposed shall remain fixed for the initial three-year period. A price adjustment will be considered for each optional annual term on the anniversary date of the co ntract. A request for a price adjustment must be submitted in writing at least 90 days prior to the anniversary date of the contract; IWA will be the sole judge of an acceptable annual price adjustment.

4. Subcontracting: The Vendor acknowledges that it may not subcontract any segment or services covered herein, without prior written a pproval of IWA.

VI. EVALUATION AND SELECTION PROCESS

Subject to approval by IWA, the selection of the most highly qualified vendor will be based upon the following criteria (not listed in relati ve order of importance):

a. Completeness of proposal
b. Understanding of IWA’s requirements and needs
c. Demonstrated ability to perform requested services on a cons istent, high quality basis
d. Prior experience and performance on comparable government engagements (information obtained from references)
e. Cost of Vendor’s services

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110
17 During the evaluation process, I WA reserves the right, where it may serve IWA's best interest, to request additional information or clari fication from Proposers, or to allow correction s of errors or omissions. In a ddition, qualifications and references of the top Proposers will be verified.

Please Note: In an effort to maintain the integrity of the selection proces s, Proposers are prohibited from c ontact with IWA Staff and Board Members outside of the formal selection process.

The IWA Board must approve a cont ract award to the successful P roposer and no rights or obligations begin under an award until the app roval is secured and a Contract has been duly signed by all parties.

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111
83101 AVENUE 45 • INDIO, CA • 92201-3303
www.indiowater.org

FAILURE TO RETURN THIS STUB WITH YOUR PAYMENT
COULD RESULT IN DELAYED PROCESSING.

IF PAYING IN PERSON, BRING THE ENTIRE BILL.

OFFICE HOURS: 8am-5pm MON-FRI
BILLING INQUIRIES CALL: (760) 391-4038
PAY BY PHONE (760) 347-4958
PAY ONLINE: www.indiowater.org
Current Prior Water Budget Tier 3 Tier 4
Tier 5)Water Budget includes Tiers 1 & 2 (Everything above Tier 4 line $9(18(,1',2&$

2/17
[Record*IDL0117A*331*431-85056*KEY=431-85056*Index]
IDL0117A
2000000286 11/2

CITY OF INDIO-PW
100 CIVIC CENTER MALL
INDIO CA 92201
BBILLING PRINT DATE:

NAME:

SERVICE ADDRESS:

ACCOUNT NUMBER:

CYCLE/ROUTE:

RATE CLASS:

METER NUMBER:
01/17/25

CITY OF INDIO-PW

MONROE ST OVERPASS WEST
431-85056
01-01

CITY IRRIGATION
60862890

USAGE PERIOD DAYS UNITS PREVIOUS - CURRENT READ CONSUMPTION LAST YEAR CURRENT CONSUMPTION

BALANCE

LAST PAYMENT
AMOUNT

BALANCE FORWARD/

PAST DUE CHARGES

CURRENT

CHARGES

TOTAL AMOUNT
DUE

CURRENT CHARGES

DUE DATE

WATER USAGE HISTORY BILL DETAILS
12/05/24 01/07/25
02/11/25
02/11/25
The Indio Water Authority office will be closed on
February 17, 2025, in honor of President's Day.

We encourage you to pay your bill online/web
portal www.indiowater.org or pay by phone at
(760)
347-4958.

La oficina de Indio Water Authority estará cerrada
el 17 de Febrero de 2025, en honor al Día del
Presidente. Lo alentamos a que pague su factura
en línea/portal web en www.indiowater.org o
pague por teléfono al (760) 347-4958.

Your water efficiency rating this month is:

TIER 2: Efficient
Water Usage This Year Last Year
27,676 Gal
17,204 Gal
$315.48
$724.84
$169.26
$4.14
$32.43
$19.00
$224.83
$949.67
37 CCF
23 CCF
23 CCF
23 CCF
Water Budget for this Period
Water Used this Period
Last Payment Amount and date 12/13/24
Balance Forward (Past Due Charges)

BASE CHARGE

CVWD REPLEN ASSMNT
TIER 1 & 2
BF CHGE 3 & 4 "
Total Current Charges Due On 02/11/25
Total Amount Due
@ $0.1802
@ $1.41
106 23
DEC
NOV
OCT
46 80
84 459
434
111
$724.84 $315.48 $724.84 $224.83 $949.67
$724.84 $224.83 $949.67
33 606 629CCF
000000431000085056000000949673
0 100
200
300
400
500
600
700

FFM A MJJAS O NDJ
CCF

MONROE ST OVERPASS
WEST
SERVICE ADDRESS:

ACCOUNT NUMBER: 431-85056
To avoid a late fee of $22.48, the balance must be paid by the due date. We appreciate your prompt payment.

ATTACHMENT A

Page 44 of 86 ends

112
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ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

[***NAME***]
[***INSERT ENTITY TYPE AND STATE OF
INCORPORATION***]

Form Approved 09/01/2022

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114
IND-PSA rev20221214
Page | 1

ROFESSIONAL SERVICES AGREEMENT
FOR [Insert description of services, e.g. Accounting Services] BETWEEN THE INDIO WATER AUTHORITY AND [Insert Consultant’s Name]

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this [____] day of [________], 20[__] (“ Effective Date”), by and bet ween the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and [Insert C onsultant’s Name], [Insert entity, state of corporation and type of entity, e.g. a Califor nia corporation, a limited partnership, a limited liability company] (“C onsultant”). For the purposes o f this Agreement Authority and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by [Insert method of solicitation, e.g. is suance of request for proposals, direct contract] the performance of the [Insert same brief description as above] defined and described particularly in Section 2, “Scope of Serv ices and Schedule of Performance” of this Agreement.

2. Consultant was selected by Authority to perform those services.

3. Consultant was selected by Aut hority on the basis of Consultant ’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, Authori ty has authority to enter into this Agreement and the Executive Director has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described pa rticularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

PERATIVE PROVISIONS
NOW, THEREFORE, for and 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:

SECTION 1. T ERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through [Insert Date, recommend using end of current fiscal year], commencing on Effective Date, unless otherwise extended by written agreement of the Parties.

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IND-PSA rev20221214
Page | 2

(b) The Executive Director may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expira tion on the same terms and conditions, including compensa tion as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple Authority fiscal years, and that work a nd compensation under this Agreeme nt is contingent on the Authority’s Governing Board (“Boar d”) appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement ma y be terminated by the Executive Director at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. Authority is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Board.

S
ECTION 2. S COPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attach ed and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereina fter, the “Services”) and the A uthority agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreeme nt. The Authority, in its sole discretion, may choose not to enforce Section 21, “Default ” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. A DDITIONAL SERVICES.

Consultant shall not be compensa ted for any work rendered in co nnection with its performance of this Agreement that are in addition to or outsid e of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” o f this Agreement. If and when such additional work is authorized, such additional work s hall be deemed to be part of the Services.

SECTION 4. C OMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, Authori ty agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total com pensation, including reimbursem ent for actual expenses, shall not exceed [Insert Contract Amount], unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accorda nce with Authority’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Authority at the address set forth in Section 24, “Notices” hereof . Under no circumstances shall t he total amount paid to

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Consultant under this Agreement exceed the Executive Director’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the Board.

(b) Each month Consultant shall furnish to Authority an original in voice for all work performed and expenses incurred during the preceding month. Th e invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges s hall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the l abor category in each invoice shall include detailed de scriptions of tasks performed and the amount of time incurred for or allocated to that task. Authority shall indepe ndently review each invoice submitted by the Consultant to determine whether the work perfo rmed and expenses incurred are in compliance with the provisions of this Agreemen t. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by Authority, the original invoice shall be returned by Authority to Consultant for correction and resubmission.

(c) Except as to any charges for work performed or expenses incurre d by Consultant which are disputed by Authority, Authority 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.

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

(e) If this Agreement is extended pur suant to Section 1 “Term of Ag reement,” the Authority shall pay the same rates specified in Exhibit “B” “Compensation.” S
ECTION 5. I NSPECTION AND FINAL ACCEPTANCE.

Authority’s acceptance shall be conclusive as to such work exce pt with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance o f any of Consultant’s work by Authority shall not constitute a w aiver of any of the provision s of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. O WNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property

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of Authority and may be used, reused or otherwise disposed of by Authority without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Authority all such o riginal maps, models, designs, drawings, photogr aphs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that Authority utilizes for any purpose no t related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discover ed by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) I
NTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to Authority all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consulta nt or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and d eliver, upon request by the Authority or any of its successors or assigns at any time a nd without further compensation of any kind, any pow er of attorney, assignment, application for copyright, patent, trademark or other intel lectual property right protecti on, or other papers or instruments which may be necessary or desirable to fully secure , perfect or otherwise protect to or for the Authority, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or n ot, created under this Agreeme nt including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer pr ograms and databases, schematics, photogra phs, video and audiovisual recordings, sound reco rdings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combi nations thereof, and all forms of intellectual property. T he provisions of this paragra ph are binding on the successors, assigns and heirs of Consultant and shall survive t he termination of Consultant’s Services under this Agreement.

SECTION 7. C ONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall mai ntain any and all ledgers, books of account, invoices, vouche rs, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disb ursements charged to Authority pursuant to this Agreement. Any and all such documen ts or records shall be maintained in accordance with g enerally accepted accounting pri nciples and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to

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the extent required by laws relating to audits of public agenci es and their e xpenditures.

(b) Any and all records or documents required to be maintained purs uant to this section shall be made available for inspecti on, audit and copying, at any tim e during regular business hours, upon request by Authority or its designated representati ve. Copies of such documents or records shall be provided directly to the Authorit y for inspection, audit and copying when it is practical to do so; otherwise, unless an alt ernative is mutually agreed upon, such documents and records shall be mad e available at Con sultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where Authority has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded du e to dissolution or termination of Consultant’s bus iness, Authority may, by written request, require that custody of such documents or records be given to the Authority. Access to such documents and records shall be granted to Authority, as well as to its su ccessors in interest and authorized representatives.

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ECTION 8. I NDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all t imes remain a wholly independen t contractor and not an officer, employee or agent of Au thority. Consultant shall have no authority to bind Authority in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Authority, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly confer red in writing by Authority.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and cont rol. Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall have control over the conduct of Consultant or any of Consultan t’s officers, employees, subconsultants or agents except as set forth in this Agreement. 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 offici a l s , o f f i c e r s , e m p l o y e e s o r agents of Authority.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which m ay otherwise accrue to Authority’s employees. Consultant expressly waives any claim C ontractor may have to any such rights.

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ECTION 9. S TANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualificatio ns, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manne r. Consultant shall at all tim es faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under

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this Agreement, Consultant shall employ, at a minimum, generall y accepted standards and practices utilized by persons enga ged in providing services sim ilar to the Services required of Consultant under this Agreement, and shall use such skill, prud ence, and diligence as other members of Consultant’s profession commonly possess and exercis e. In addition to the general standards of performance set for th this section, additional spe cific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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ECTION 10. C OMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all a pplicable federal, state and local laws, statutes, codes, ordi nances, regulations and rules in effect during the term of this Agreement. Consultant shall at a ll times observe and comply wit h all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Cons ultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Ser vices set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, polic ies and practices of the Authority.

SECTION 11. P REVAILING WAGE LAWS.
(a) Consultant is aware of the requi rements of California Labor Cod e Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevaili ng wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, a nd hold the Authority, its elected officials, officers, empl oyees, and agents free and har mless form any claim or liability arising out of any failure or alleged failure of Cons ultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of Authority and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Lab or Code or regulations promulgated thereunder: Construction, alteration, demolition, i nstallation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “con struction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. N ONDISCRIMINATION.

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ECTION 13. U NAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Ac t, 8 U.S.C.A. §§ 1101, et seq., a s amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ s u c h u n a u t h o r i z e d a l i e n s f o r t h e p e r f o r m a n c e o f t h e S e r v i c e s , and should the any liability or sanctions be imposed against Authority for such use of unauthor ized aliens, Consultant hereby agrees to and shall reimburse Aut hority for the cost of all suc h liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Authority.

SECTION 14. C ONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or princi pal of its firm, has or shall acquire any interest, directly or indirectly, which would confl ict in any manner with the interests of Authority or which would in any way hinder Consultant’s performance of the S e r v i c e s . C o n s u l t a n t f u r t h e r covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an o fficer, employee, agent or subcontractor without the express written consent of the Execut ive Director. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement. (b) Authority understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of no n-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of Authority relative to such projects. Any future po sition of Authority on such projects shall not be considered a conflict of interest for purposes of this section. (c) Authority understands and acknowledges that Consultant will, pe rform non-related services for other governmental agencies and private parties fo llowing the completion of the Services under this Agreement. Any such future service sha ll not be considered a conflict of interest for purposes of this section.

SECTION 15. C ONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant i n performance of this Agreement shall be considered confidential, unless such informa tion 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 A uthority without prior written authorization from the Executive Director, except as ma y be required by law.

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(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the Executive Director or unless req uested by the General Counsel of Authority, voluntarily provide declarations, letters of support, testimony at depositions, response to interroga tories or other information c oncerning the work performed under this Agreement. Response to a subpoena or cour t order shall not be considered "voluntary" provided Consultant gives Authority notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then Authority shall have the right to reimbursement and indemn ity from Consultant for any da mages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify Authority should Consultant, i ts officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents , interrogatories, request for admissions or other discovery request, court order or subpoena from any party regar ding this Agreement and the work performed thereunder. Authority retains the right, bu t has no obligation, to represent Consultant or be present at any deposition, hearing o r similar proceeding.

Consultant agrees to cooperate fully with Authority and to prov ide Authority with the opportunity to review any response to discovery requests provid ed by Consultant.

However, this right to review any such response does not imply or mean the right by Authority to control, direct, or rewrite said response.

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ECTION 16. I NDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to Authority) and hold harmless Authority and any and all of its elected and appointed officials, officers, employees, representatives and ag ents (“Indemnified Parties”) f rom and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losse s, injuries (including, withou t limitation, in jury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert c onsultants or expert witnesses in curred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain t o, or relate to, directly or indirectly, in whole or in part , any goods provided or performa nce of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they cont rol. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Partie s, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

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(b) I
NDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant i n the performance of this Agre ement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of Authority to monitor compliance with these requireme nts imposes no additional obliga tions on Authority and will in no way act as a waiver of any rights hereunder. This o bligation to indemnify and defend Authority as set forth herein is binding on the successo rs, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. I NSURANCE.

Consultant agrees to obtain and maintain in full force and effe ct during the Term of this Agreement the insurance policies set forth in Addendum “1” “Ins urance” and made a part of this Agreement. All insurance policies shall be subject to approval by Authority as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the Executive Director. Consultant agrees to provide Authority with copies of required policies upon request.

SECTION 18. A SSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

Authority has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligati ons imposed upon Consultant unde r this Agreement. In recognition of that interest, Consultant sha ll not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or o bligations under this Agreement without the prior written consent of the Authority, which may b e given in the sole and absolute discretion of the Executive Director. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Authority to any and all remedies at law or in equity, including termination of this Agreement pu rsuant to Section 20 “Termination of Agreement.” Authority acknowledges, however, that Consultan t, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subcons ultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the Authority is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care betwe en any subconsultant or subcontractor and the Authority.

SECTION 19. C ONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the s tability and continuity of Consultant’s staff and subcontra ctors / subconsultants, if any, assigned to perform the Services.

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Consultant shall notify Authority of any changes in Consultant’ s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

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ECTION 20. T ERMINATION OF AGREEMENT.

(a) Authority may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreement for cause at any time u pon thirty (30) days written notice of termination to Authority.

(c) If either Consultant or Authority fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Cons ultant, or Authority may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or Auth ority, all property belonging exclusively to Authority which is in Consultant’s pos session shall be returned to Authority. Consultant shall furnish to Authority a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Secti on 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, Authority may suspend all or any portion of Consultant’s performance under this Agreement at its sol e option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Consultant a sum equivalent to the reasonable value of the service s satisfactorily provided up to the date of suspension.

Authority may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performanc e under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

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ECTION 21. D EFAULT.

In the event that Consultant is in default under the terms of t his Agreement, the Authority shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Authority may give not ice 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 or reduced, if circumstances warrant. During the period of time that Consultant is in default, the Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of def ault. If Consultant does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the Au thority to give notice of the Consultant’s default shall not be

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deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

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ECTION 22. E XCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of th e public enemy, acts of federal, state or local governments, acts of Authority, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agree ment shall be equitably adjusted for any delays due to such causes.

SECTION 23. C OOPERATION BY AUTHORITY.

All public information, data, reports, records, and maps as are existing and available to Authority as public records, and which are necessary for carryi ng out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. N OTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mai l, postage prepaid and return receipt requested, addressed as follows:

T o A u t h o r i t y : I n d i o W a t e r A u t h o r i t y Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201

T o C o n s u l t a n t : [ I n s e r t C o n s u l t a n t N a m e ] A t t n : [ I n s e r t A p p r o p r i a t e P a r t y ] A d d r e s s L i n e
A d d r e s s L i n e
Notice shall be deemed effective on the date personally deliver ed or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. A UTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Con sultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

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ECTION 26. A DMINISTRATION AND IMPLEMENTATION.

SECTION 27. B INDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. A MENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by Authority. The Executive Director shall have the authority to approve any amendment to this Agr eement if the total compensati on under this Agreement, as amended, would not exceed the Executive Director’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. W AIVER.

Waiver by any Party to this Agreement of any term, condition, o r 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 n ot constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by Authority of any work or services by Consultant s hall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. L AW TO GOVERN; VENUE.

SECTION 31. A TTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or o ther proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. E NTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusiv e expression of the Parties with

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respect to the matters addressed therein and supersedes all oth er agreements or understandings, whether oral or written, or entered into between Consultant and Authority prior to the execution of this Agreement. No statements, representations or other agr eements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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ECTION 33. S EVERABILITY.

SECTION 34. I NCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incor porated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicabl e to the funding source used by Authority to pay Consultant for any port ion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as t h e “ A g r e e m e n t Documents.” The Agreement Documents are intended to be compleme ntary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amen dments (most recent first), this Agreement, Insuran ce requirements, Exhibits and Ad dendums, and Consultant’s proposal. Where the requirements of one Document a re more stringent then another the more stringent shall govern.

SECTION 35. T IME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. F EDERAL FUNDS.

In the event the Services are f unded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR [Insert description of services, e.g. Accounting Services] BETWEEN THE INDIO WATER AUTHORITY AND [Insert Consultant’s Name]

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

INDIO WATER AUTHORITY
___________________________
Bryan H. Montgomery
Executive Director
ATTEST:

SECRETARY
By: ___________________________
Sabdi Sanchez, CMC
Director of City Clerk Services
APPROVED AS TO FORM:

AUTHORITY GENERAL COUNSEL
By: ____________________________
Steven Graham

CONSULTANT
By:

Its:

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

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Addendum 1 - Insurance
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ADDENDUM “1”

INSURANCE
(A) I
NSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the Authority, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) O
THER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Authority.
(C) OTHER REQUIREMENTS. Consultant agrees to deposit with Authority, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy Authority that the insurance provisions of this contract have been complied with. The Authority General Counsel may require that Consultant furnish Authority with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Authority reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the Authority, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

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IND-PSA rev20221214
Addendum 1 - Insurance
Page | 3
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 Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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IND-PSA rev20221214
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS

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134

InfoSend, Inc. Response to:

Indio Water Authority (IWA)
Request for Proposals
for
Utility Billing, Printing and Mailing Services

Due: April 22, 2025

Time: 3:00 pm

Directed to: Josue Birruete
Customer Service Supervisor
[email protected]

Provided By: Glen Everroad
Government Solutions
O: 800.955.9330 x 241
M: 949.874.4786
[email protected]

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135
InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 2 Table of Contents
SECTION 1 – Cover Letter ________________________________ _________________________ 2 SECTION 2 – Experience ________________________________ __________________________ 3 SECTION 3 – Scope of Work ________________________________ _______________________ 3 A. File Transfer and Data Processing ________________________________ ________________ 3 B. Materials ________________________________ ________________________________ ___ 11 C. Archived Documents ________________________________ __________________________ 12 D. USPS Presort and Mail ________________________________ ________________________ 13 E. Reporting ________________________________ ________________________________ __ 14 F. Customer Support ________________________________ ____________________________ 14 SECTION 4 – Project Schedule ________________________________ ____________________ 16 SECTION 5 – Project Cost ________________________________ ________________________ 16 SECTION 6 – Ancillary Services ________________________________ ___________________ 18 SECTION 7 – References ________________________________ _________________________ 18 SECTION 8 – Conflicts of Interest ________________________________ __________________ 19

SECTION 1 – Cover Letter
Provide a brief description of the vendor and a statement of qualifications for performing the requested services. The proposal shall be signed by an official authorized to bind the Vendor and shall expressly state that the proposal is valid for 90 days. The cover letter shall include the name and title of the RFP, the name and mailing address of the Vendor (including physical location if mailing address is a PO Box), the type of organization (e.g. California Limited Liability Company, a Professional Corporation, etc.), and the name, title, email address, and telephone number for the signatory.

Indio Water Authority (IWA) - Josue Birruete, Customer Service Supervisor; [email protected] Request for Proposals for Utility Billing, Printing and Mailing Services InfoSend, Inc. is pleased to present this response to Indio Water Authority (IWA). InfoSend, Inc., founded in 1996, is a privately held California corporation with a mission to provide the best possible Customer Communications Management (CCM) platform while still maintaining a client -focused company culture.

Now delivering more than 250 million print and electronic documents annually across multiple channels, InfoSend proudly maintains an industry best client retention and satisfaction rate. Russ Rezai has the authority to bind InfoSend and his signature is provided below This proposal is valid for 90 days.

InfoSend provides a comprehensive outsourced bill printing, mailing, and eBilling/payments setup to over 800 clients nationwide. InfoSend’s team is confident that our offering and benefits presented herein will provide Indio Water Authority and its custome rs with the greatest value in the market today. InfoSend meets or exceeds the requirements specified in the scope of work . We propose to continue to provide Indio Water Authority’s print and mail services from our Anaheim, California facility, located at 4240 E. La Palma Ave. Anaheim, CA 92807, without the use of subcontractors for any portion of the production, including disaster recovery.

Key Advantages of InfoSend
• Company culture prioritizes client satisfaction, leading to industry best client retention and satisfaction rate.
• Proven experience (22+ years) of serving IWA.

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Chino City CouncilJuly 7, 2026

Chino City Council
July 7, 2026