Agenda packet — Corona City Council, November 19, 2025 (part 2 of 4)

a holiday) but continue into the holiday, as described below. For all six (6) of these holidays, regardless of whether an employee works any part of the holiday, they shall also accrue Annual Leave for the number of hours of their regular work shift up to a maximum of ten (10) hours.

1. January 1st, New Year’s Day

2. July 4th, Independence Day

3. Fourth Thursday in November, Thanksgiving Day

4. December 24th, Christmas Eve

5. December 25th, Christmas Day

6. December 31st, New Year’s Eve
A. If an employee’s regularly scheduled work shift begins on one of these holidays, the employee shall be paid for the holiday at the rate of time and one-half (1.5) at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 3 of this MOU to which the City is required to include in calculating the FLSA regular rate of pay) for the hours worked on that entire shift.

B. If an employee’s regularly scheduled work shift begins before one of these holidays, but that same shift continues into the holiday, the employee shall be paid for the holiday at the rate of time and one-half (1.5) at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 3 of this MOU to which the City is required to include in calculating the FLSA regular rate of pay) only for the hours worked on that holiday. The hours worked before the holiday begins (at 12:00 a.m.) shall be paid as regular work hours.

C. If an employee is not regularly scheduled to work on the holiday, but is called in, agrees to work for another employee, is held over or otherwise ordered to work a shift that begins on one of these holidays, the employee shall be paid double time at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 3 of this MOU to which the City is required to include in calculating the FLSA regular rate of pay) for the hours worked on that entire shift.

D. If an employee is not regularly scheduled to work on the holiday, but is called in, agrees to work for another employee, is held over or otherwise ordered to work a shift that begins before one of these holidays, but that same shift continues into the holiday, the employee shall be paid double time at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 3 of this MOU to which the City is required to include in calculating the FLSA regular rate of pay) only for the hours worked on that holiday. The hours worked before the holiday begins (at 12:00 a.m.) shall be paid as regular work hours (including any overtime if applicable).

E. Employees on Labor Code § 4850 leave shall be credited with 10 hours of Annual Leave for all holidays that occur while the employee is out on leave.

Part 2. The parties agree to the changes set forth below in track changes in Section 19.4 (Cash Out or Conversion of the Value of Annual Leave) of the CPEA and CPSA MOU:

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CPEA MOU:

Section 19.4 – Cash Out or Conversion of the Value of Annual Leave Cash Out/conversion of annual leave is permitted under the three scenarios, below. The cash out or conversion of annual leave as either payment into deferred compensation, lan or taxable cash shall be at the employee’s regular rate of pay, minus the medical insurance opt out/cash back:

Section 19.4.1 – Maximum Accrual of Annual Leave – Conversion above 624 Hours At the end of the last day of the last pay period that ends in each calendar year, if an employee has accrued more than 624 hours of Annual Leave, the Annual Leave hours in excess of 624 hours will be converted to the monetary equivalent at the employee’s regular rate of pay and the dollar value placed in the employee’s deferred compensation account (set up per IRS code section 457) or Roth IRA up to the maximum permitted by law. Any amounts over the IRS annual limit will be paid out as taxable wages.

For employees who have informed the City that they will be retiring at the end of the calendar year, they will have the option to allow the hours above 624 subject to section

19.4.2. CPSA MOU:

Section 19.4 – Cash Out or Conversion of the Value of Annual Leave Cash out/conversion of annual leave is permitted under the three scenarios, below. The cash out or conversion of annual leave as either payment into deferred compensation or taxable cash shall be at the employee’s regular rate of pay, minus the medical insurance opt out/cash back.

Section 19.4.1 – Maximum Accrual of Annual Leave – Conversion above 624 Hours At the end of the last day of the last pay period that ends in each calendar year, if an employee has accrued more than 624 hours of Annual Leave, the Annual Leave hours in excess of 624 hours will be converted to the dollar value and placed in the employee’s deferred compensation account (set up per IRS code section 457) or Roth IRA, up to the maximum permitted by law. Any amounts over the IRS annual limit will be paid out as taxable wages
For employees who have informed the City that they will be retiring at the end of the calendar year, they will have the option to allow the hours above 624 to be subject to section

19.4.2. FOR THE CITY OF CORONA
_________________________ __________________________
Jacob Ellis Date
City Manager
_________________________ __________________________

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Lori Sassoon Date
Chief Talent Officer
FOR THE CORONA POLICE OFFICERS’ ASSOCIATION
_________________________ __________________________
Darryl Sailer Date
President, CPOA

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SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF CORONA
AND

CORONA PUBLIC SERVICE EMPLOYEES ASSOCIATION
This Side Letter of Agreement (“Agreement”) between the City of Corona (“City”) and the Corona Public Service Employees Association (“CPSEA”) is entered into with respect to the following:

WHEREAS, the employees in CUEA are subject to the terms and conditions of employee set forth in the Memoranda of Understanding (MOU) between the City and the Corona Public Service Employees Association (“CPSEA”) with terms of November 16, 2021 to December 31, 2024, and January 1, 2025 to December 31, 2027; and
WHEREAS, the City has been advised by the California Public Employees’ Retirement System (CalPERS), that the rate at which it reports pensionable holiday pay to CalPERS (i.e.,

1.5 times the FLSA Regular Rate of Pay) is not sufficiently descriptive in the MOU; and WHEREAS, CalPERS has advised the City that to be able to report the holiday pay at

1.5 times the FLSA regular rate of pay, the MOU needs to be amended to more sufficiently describe the rate at which holiday pay will be reported to CalPERS; and WHEREAS, the Parties wish to make a change to the relevant language in the MOU (as it applies to the employees in the CUEA who are currently negotiating for their first MOU) to be able to report holiday pay to CalPERS at 1.5 times the FLSA Regular Rate of Pay; and WHEREAS, the Parties wish to update language regarding annual leave cash out to ensure compliance with regulations regarding Post Employee Health Plan administration, and update language regarding Meal Periods;
WHEREAS, the changes set forth in Part 1 below will go into effect retroactively to the beginning of the CPSEA MOU - November 16, 2021, and the changes to Part 2 and Part 3 below will go into effect on November 20, 2025;

WHEREAS, the following sets forth the Parties’ Agreement:

Part 1. The parties agree to the changes set forth below in track changes in Section 22.1 of the CPSEA MOU as it applies to the employees in CUEA:

Section 22.1 – How Holidays are Observed and Paid
Employees in the unit work either “with regard to holidays” or “without regard to holidays”.

Employees who work “with regard to holidays” have holidays off and employees who work “without regard to holidays” work in positions where the employee is required to work on a holiday.

Employees who work with regard to holidays: (Employees in all classifications, except those

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listed below)
All holidays in the above list will be observed on the actual day of the holiday except for holidays that occur on a Sunday. For holidays that occur on a Sunday the observed day shall be the following Monday.

If the observed holiday falls on an employee’s regular workday, and the employee does not work on that day, they shall be paid for their regularly scheduled hours, up to ten hours. For employees who work schedules in excess of ten (10) hours per day, they can use annual leave or accrued compensatory time to be paid for the hours above ten (10) hours on a holiday. Employees without such leave will only be paid for ten hours for the holiday.

If the employee is required to work on a holiday due to an emergency or other unintended event, theemployee shall be paid time and one-half at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 5 of this MOU to which the City is required to include in calculating the FLSA regular rate of pay) for all hours worked, plus accrue 10 hours of Annual Leave.

For holidays that fall on the employee’s regular day off, employees shall accrue Annual Leave hours equal to the number of hours of their regular shift, up to a maximum of ten (10) hours per day. These Annual Leave hours may be used by the employee (including employees on their initial probationary period) as Annual Leave.

Employees who work without regard to holidays: (Employees in the following classifications): Water Operators, Water Reclamation Operators, Lead Water Reclamation Operator, Lead Water Operator, Senior Reclamation Operator, Senior Utility Service Worker, Senior Water Operator, and Utility Service Worker.

For employees who work “without regard to holidays”, a holiday will be observed on the actual dates above. Since those employees typically work on a holiday, the employee shall be paid time and one-half at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 5 of the terms and conditions to which the City is required to include in calculating the FLSA regular rate of pay) for all hours worked on the holiday, plus receive pay for 10 hours in lieu of holiday leave. If the holiday falls on the employee’s regular day off, the employee shall accrue 10 hours of Annual Leave.

If the holiday falls on the employee’s regular work day but employee does not work on that day, then the employee will paid for their regular shift, up to 10 hours. If the employee’s regular shift is longer than 10 hours the employee may supplement Annual Leave or CTO to receive a full paycheck for that day.

Rules Applicable to All Employees Whether They Work With or Without Regard to Holidays
Employees that work on the day of an observed holiday shall be paid at time and onehalf at the FLSA regular rate of pay (which includes those forms of additional compensation included in Article 5 of the terms and conditions to which the City is required to include in calculating the FLSA regular rate of pay) for all time worked on the holiday, plus holiday pay equal to the number of hours of their regular shift on that day,

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with a maximum of ten (10) hours.

An employee is deemed to “work” on the day their shift starts. For example, if the holiday falls on Thursday, an employee working a shift that begins Wednesday night and ends on Thursday morning is not considered to work on the holiday; however, an employee whose shift begins Thursday night and ends Friday morning is considered to work on the holiday.

In compliance with the California Public Employees’ Retirement System regulations and definition of Special Compensation the additional compensation paid to employees who are normally required to work on holidays because they work positions that require scheduled staffing without regard to holidays shall be reported to CalPERS as compensation earnable or pensionable compensation per Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) as a “Holiday Pay”. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.

Part 2. The parties agree to the changes set forth below in track changes in Section 22.1 of the of the CPSEA MOU as it applies to the employees in CUEA:

Section 21.4 – Cash Out or Conversion of the Value of Annual Leave There are three situations described below when an employee may have their Annual Leave cashed
out or converted to deferred compensation or paid as taxable wages by the City. All Annual Leave cashed out or converted to deferred compensation in this section will be valued at employees’ base hourly rate of pay for employees in Tiers II and base hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

21.4.1 – Maximum Accrual of Annual Leave – Conversion above 584 Hours

At the end of the last day of the last pay period that ends in each calendar year, if an employee has accrued more than 584 hours of Annual Leave, the Annual Leave hours in excess of 584 hours will be converted to the monetary equivalent as described in Section 21.4 and the dollar value placed in the employee’s deferred compensation account (set up per IRS code section 457) or Roth IRA up to the maximum permitted by law. Any amounts over the IRS annual limit will be paid out as taxable wages.

For employees who have informed the City that they will be retiring at the end of the calendar year, they will have the option to allow the hours above 584 to be subject to section 21.4.2.

Part 3. The parties agree to the changes set forth below in track changes in Section 19.2 of the of the CPSEA MOU as it applies to the employees in CUEA:

Section 19.2 - Meal Periods
Employees are required to take a meal period of thirty (30) minutes or (60) minutes, each shift.

The determination of which classifications have (30) minutes, and which have (60) minutes shall be established through the meet and confer process.

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Those employees who were receiving a paid meal period at the time of the approval of this MOU (Water Operators (I/II/III Flex), Water Reclamation Operators (I/II/III Flex), Lead Water Operators, and Lead Water Reclamation Operators), will continue to do so. For all other employees, meal periods are unpaid. An employee with an unpaid meal period who is required by their supervisor to work through their meal period shall be paid for such work.

FOR THE CITY OF CORONA
_________________________ __________________________
Jacob Ellis Date
City Manager
_________________________ __________________________
Lori Sassoon Date
Chief Talent Officer

FOR THE CORONA UTILITIES EMPLOYEE ASSOCIATION
_________________________ __________________________
Rafael Vazquez Date
President, CUEA

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
1 RESOLUTION NO. 2025-108

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CORONA AMENDING RESOLUTION 2024-
116 GOVERNING COMPENSATION AND BENEFITS

OF NON-REPRESENTED CONFIDENTIAL GROUP

EMPLOYEES
WHEREAS, the Management/Confidential Group of employees was created by Resolution 2012-008 adopted by the City Council of the City of Corona (“City”) on February 15, 2012; and
WHEREAS, the City Council subsequently amended the compensation and benefits of the Confidential group through the ensuing years, and most recently with Resolution No. 2024-116 adopted by the City Council on December 18, 2024; and WHEREAS, the City has been advised by the California Public Employees’ Retirement System (CalPERS), that the rate at which it reports pensionable holiday pay to CalPERS (i.e., 1.5 times the FLSA Regular Rate of Pay) is not sufficiently descriptive in the Resolution; and
WHEREAS, CalPERS has advised the City that to be able to report the holiday pay at 1.5 times the FLSA regular rate of pay, the Resolution needs to be amended to more sufficiently describe the rate at which holiday pay will be reported to CalPERS; and WHEREAS, the Parties wish to make a change to the relevant language in the Resolution for the Confidential Group to be able to report holiday pay to CalPERS at 1.5 times the FLSA Regular Rate of Pay; and
WHEREAS, the City Council now desires to further amend the compensation and benefits of the Confidential Group employees as provided in this Resolution concerning the cash out or conversion of the value of annual leave in order to ensure compliance with Post Employment Health Plan administration; and
WHEREAS, the changes set forth below in Part 1 will go into effect retroactively to the beginning of the previous Resolution – January 1, 2022; the changes set forth in Part 2 and Part 3 below will go into effect on November 20, 2025;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA DOES HEREBY RESOLVE AS FOLLOWS:

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
2 Part 1. Section 3.2.2 of Resolution 2024-116 is hereby amended to read as set forth below in track changes:

Section 3.2.2 - Holidays - Additional Provisions
For Exempt Employees:

1. All holidays in the above list will be observed on the actual day of the holiday except for holidays that occur on a Sunday. For holidays that occur on a Sunday the observed day shall be the following Monday.

2. If the observed holiday falls on an employee’s regular workday, and the employee does not work on that day, they shall be paid for their regularly scheduled hours, up to ten (10) hours.

3. If the employee is required to work on a holiday, in addition to being paid for the day, the employee shall accrue ten (10) hours of Annual Leave.

4. For holidays that fall on the employee’s regular day off, they shall accrue ten (10) hours of Annual Leave.

For Non-Exempt Employees:

1. If these employees work on the holiday, they shall receive time and one-half at the FLSA regular rate of pay (which includes those forms of additional compensation included in this Resolution to which the City is required to include in calculating the FLSA regular rate of pay) for all time worked on the holiday. This is in addition to holiday pay for the number of hours of their regular shift on that day.

2. If these employees work on a holiday that is not a regularly scheduled workday (e.g., the Friday after Thanksgiving for employees not scheduled to work on Fridays) they shall receive time and one half (1.5) at the FLSA regular rate of pay (which includes those forms of additional compensation which the City is required to include in calculating the FLSA regular rate of pay) for the hours worked on the holiday as well as ten (10) hours of Annual Leave which shall accrue to their Annual Leave bank.

Part 2. Section 3.1.5 of Resolution 2024-116 is hereby amended to read as set forth below in track changes:

Section 3.1.5 – Cash Out or Conversion of the Value of Annual Leave There are three situations described below when an employee may have their Annual Leave cashed out or converted to deferred compensation or their Post Employment Health Plan (PEHP) by the City. All Annual Leave cashed out or converted to deferred compensation or Roth or PEHP plan in this section will be valued at employees’ base hourly rate of pay for employees in Tier II, and base

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
3 hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

Section 3.1.5.1 - Maximum Accrual of Annual Leave – Conversion above 584 hours:

At the end of the last day of the last pay period that ends in each calendar year, beginning with the last pay period in calendar year, if an employee has accrued more than 584 hours of Annual Leave, the Annual Leave hours in excess of 584 hours will be converted to the monetary equivalent as described in Section 3.1.5, and the employee shall have the dollar value placed in the Nationwide Post Employment Health Plan (PEHP) Account on the employee’s behalf.

Employees who have informed the City that they will be retiring or separating from the City will have the option to convert annual leave hours above 584 to be subject to section 3.1.5.2.

Section 3.1.5.2 - Separation from the City
Employees separating from the City have the following options regarding their accrued Annual Leave:

1. Paid in cash: Employees can be paid (as taxable wages) for their accrued Annual Leave as described in Section 3.1.5.

2. Deferred Compensation: Employees may make an election at least one pay period prior to separation to contribute the value of accrued Annual Leave to the employee’s deferred compensation account provided under the City’s 457(b) plan. Contributions of Annual Leave to the 457(b) plan may not cause the employee to exceed the maximum annual deferral limitation for the year in which the contribution is made. If an employee chooses this option, any accrued Annual Leave that exceeds the maximum annual deferral limitations will be paid to the employee as a taxable cash payment.

3. Split between Cash and Deferred Compensation: Employees may elect to receive any portion of the value of their accrued Annual Leave as taxable cash with the remainder going into their deferred compensation account, up to the maximum amount permitted under the IRS Code.

Section 3.1.5.3 Irrevocable Election to Cash Out Annual Leave On or before December 31 of each calendar year, an employee may make irrevocable elections to cash out up to 160 hours of Annual Leave that will be earned in the following calendar year. The employee must have a balance of at least 80 hours of annual leave remaining after each cash out. Annual leave cashed out can

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
4 be taken in the following ways or in a combination of these options, as determined by the employee when making the irrevocable election:

1. The dollar value can be paid to the employee in cash as taxable wages; or

2. The dollar value placed in the employee’s deferred compensation account up to the maximum permitted by law.

In addition to the above, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the City Manager or his/her designee for a payoff of accrued Annual Leave. The amount of Annual Leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out Annual Leave at any time in the year.

Part 3. - Certification; Effective Date.

The City Clerk shall certify as to the adoption of this Resolution, and it shall be effective as of November 20, 2025.

PASSED, APPROVED, AND ADOPTED 19th day of November, 2025.

Mayor of the City of Corona, California
ATTEST:

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
5 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution 2025-XXX was regularly introduced and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of November, 2025 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of November, 2025.

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Management Resolution No 2024-115
November 19, 2025
1 RESOLUTION NO. 2025-107

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CORONA AMENDING RESOLUTION 2024-
115 GOVERNING COMPENSATION AND BENEFITS

OF NON-REPRESENTED MANAGEMENT GROUP

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA DOES HEREBY RESOLVE AS FOLLOWS:

Part 1. Section 3.1.4 of Resolution 2024-115 is hereby amended to read as set forth below in track changes:

Section 3.1.4 – Cash Out or Conversion of the Value of Annual Leave There are three situations described below when an employee may have their Annual Leave cashed out or converted to deferred compensation, or deposited to their Post Employment Health Plan (PEHP) by the City. All Annual Leave cashed out or converted to deferred compensation or PEHP plan in this section will be valued at employees’ base hourly rate of pay for employees in Tier II, and base hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

Section 3.1.4.1 - Maximum Accrual of Annual Leave – Conversion above 800 hours:

At the end of the last day of the last pay period that ends in each calendar year, beginning with the last pay period in calendar year 2025, if an employee has accrued more than 800 hours of Annual Leave, the Annual Leave hours in excess

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Amendment to Management Resolution No 2024-115
November 19, 2025
2 of 800 hours will be converted to the monetary equivalent as described in Section

3.1.4, and have the dollar value placed in the City’s Post Employment Health Plan (PEHP) Account currently provided by Nationwide on the employee’s behalf.

Employees who have informed the City that they will be retiring or separating from the City will have the option to convert annual leave hours above 800 subject to the options outlined in section 3.1.4.1 or 3.1.4.2.

Section 3.1.4.2 - Separation from the City
Employees separating from the City have the following options regarding their accrued Annual Leave:

1. Paid in cash: Employees can be paid (as taxable wages) for their accrued Annual Leave as described in Section 3.1.4.

3. Split between Cash and/or Deferred Compensation: Employees may elect to receive any portion of the value of their accrued Annual Leave as taxable cash with the remainder going into their deferred compensation account, up to the maximum amount permitted under the IRS Code.

Section 3.1.4.3 Irrevocable Election to Cash Out Annual Leave On or before December 31 of each calendar year, the first year being 2024, an employee may make irrevocable elections to cash out Annual Leave that will be earned in the following calendar year. The employee must have a balance of at least 80 hours of annual leave remaining after each cash out. Annual leave cashed out can be taken in the following ways or in a combination of these options, as determined by the employee when making the irrevocable election:
1) The dollar value can be paid to the employee in cash as taxable wages; or 2) The dollar value placed in the employee’s deferred compensation account up to the maximum permitted baw.

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Amendment to Management Resolution No 2024-115
November 19, 2025
3 In addition to the above, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the City Manager or his/her designee for a payoff of accrued Annual Leave. The amount of Annual Leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out Annual Leave at any time in the year.

Part 2. Certification; Effective Date.

The City Clerk shall certify as to the adoption of this Resolution, and it shall be effective as of November 20, 2025.

PASSED, APPROVED, AND ADOPTED 19th day of November, 2025.

Mayor of the City of Corona, California
ATTEST:

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Management Resolution No 2024-115
November 19, 2025
4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution 2025-XXX was regularly introduced and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of November, 2025 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of November, 2025.

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Executive Resolution No 2024-118
November 19, 2025
1 RESOLUTION NO. 2025-109

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CORONA AMENDING RESOLUTION 2024-
118 GOVERNING COMPENSATION AND BENEFITS

OF NON-REPRESENTED EXECUTIVE GROUP

EMPLOYEES
WHEREAS, the Executive Group of employees was created by Resolution 2012-009 adopted by the City Council of the City of Corona (“City”) on February 15, 2012; and
WHEREAS, the City Council subsequently amended the compensation and benefits of the Executive Group employees over the years, and most recently with Resolution No. 2024-118 adopted by the City Council on December 18, 2024; and WHEREAS, the City Council now desires to further amend the compensation and benefits of the Executive Group employees as provided in this Resolution concerning the cash out or conversion of the value of annual leave in order to ensure compliance with Post Employment Health Plan administration;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA DOES HEREBY RESOLVE AS FOLLOWS:

Part 1. Section 3.1.4 of Resolution 2024-118 is hereby amended to read as follows:

Section 3.1.4 – Cash Out or Conversion of the Value of Annual Leave There are three situations described below when an employee may have their Annual Leave cashed out, converted to deferred compensation, or deposited to their Post Employment Health Plan (PEHP) by the City. All Annual Leave cashed out or converted to deferred compensation or PEHP plan in this section will be valued at employees’ base hourly rate of pay for employees in Tier II, and base hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

Section 3.1.4.1 - Maximum Accrual of Annual Leave – Conversion above 960 hours:

At the end of the last day of the last pay period that ends in each calendar year, beginning with the last pay period in calendar year 2025, if an employee has accrued more than 960 hours of Annual Leave, the Annual Leave hours in excess of 960 hours will be converted to the monetary equivalent as described in Section

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Amendment to Executive Resolution No 2024-118
November 19, 2025
2 3.1.4, and the employee shall have the dollar value placed in the City’s Post Employment Health Plan (PEHP) Account currently provided by Nationwide on the employee’s behalf.

Section 3.1.4.2 - Separation from the City
Employees separating from the City have the following options regarding their accrued Annual Leave:

1. Paid in cash: Employees can be paid (as taxable wages) for their accrued Annual Leave as described in Section 3.1.4.

1. The dollar value can be paid to the employee in cash as taxable wages; or

2. The dollar value placed in the employee’s deferred compensation account up to the maximum permitted by law.

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Amendment to Executive Resolution No 2024-118
November 19, 2025
3 Manager or his/her designee for a payoff of accrued Annual Leave. The amount of Annual Leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out Annual Leave at any time in the year.

Part 2. Certification; Effective Date.

The City Clerk shall certify as to the adoption of this Resolution, and it shall be effective as of November 20, 2025.

PASSED, APPROVED, AND ADOPTED 19th day of November, 2025.

Mayor of the City of Corona, California
ATTEST:

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Executive Resolution No 2024-118
November 19, 2025
4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution 2025-XXX was regularly introduced and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of November, 2025 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of November, 2025.

Sylvia Edwards, City Clerk
City of Corona

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
1 RESOLUTION NO. 2025-108

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CORONA AMENDING RESOLUTION 2024-
116 GOVERNING COMPENSATION AND BENEFITS

OF NON-REPRESENTED CONFIDENTIAL GROUP

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA DOES HEREBY RESOLVE AS FOLLOWS:

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
2 Part 1. Section 3.2.2 of Resolution 2024-115 is hereby amended to read as set forth below in track changes:

Section 3.2.2 - Holidays - Additional Provisions
For Exempt Employees:

2. If the observed holiday falls on an employee’s regular workday, and the employee does not work on that day, they shall be paid for their regularly scheduled hours, up to ten (10) hours.

3. If the employee is required to work on a holiday, in addition to being paid for the day, the employee shall accrue ten (10) hours of Annual Leave.

4. For holidays that fall on the employee’s regular day off, they shall accrue ten (10) hours of Annual Leave.

5. The floating holiday will be provided as a bank of 10 hours during the first full pay period of the calendar year. These hours cannot be carried over from year to year and cannot be cashed out.

For Non-Exempt Employees:

Part 2. Section 3.1.5 of Resolution 2024-116 is hereby amended to read as set forth below in track changes:

Section 3.1.5 – Cash Out or Conversion of the Value of Annual Leave There are three situations described below when an employee may have their

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
3 Annual Leave cashed out or converted to deferred compensation or their Post Employment Health Plan (PEHP) by the City. All Annual Leave cashed out or converted to deferred compensation or Roth or PEHP plan in this section will be valued at employees’ base hourly rate of pay for employees in Tier II, and base hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

Section 3.1.5.1 - Maximum Accrual of Annual Leave – Conversion above 584 hours:

Employees who have informed the City that they will be retiring or separating from the City will have the option to convert annual leave hours above 584 to be subject to section 3.1.5.2.

Section 3.1.5.2 - Separation from the City
Employees separating from the City have the following options regarding their accrued Annual Leave:

1. Paid in cash: Employees can be paid (as taxable wages) for their accrued Annual Leave as described in Section 3.1.5.

Section 3.1.5.3 Irrevocable Election to Cash Out Annual Leave

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Amendment to Confidential Resolution No 2024-116
November 19, 2025
4 On or before December 31 of each calendar year, an employee may make irrevocable elections to cash out up to 160 hours of Annual Leave that will be earned in the following calendar year. The employee must have a balance of at least 80 hours of annual leave remaining after each cash out. Annual leave cashed out can be taken in the following ways or in a combination of these options, as determined by the employee when making the irrevocable election:

1. The dollar value can be paid to the employee in cash as taxable wages; or

2. The dollar value placed in the employee’s deferred compensation account up to the maximum permitted by law.

Part 3. - Certification; Effective Date.

The City Clerk shall certify as to the adoption of this Resolution, and it shall be effective as of November 20, 2025.

PASSED, APPROVED, AND ADOPTED 19th day of November, 2025.

Mayor of the City of Corona, California
ATTEST:

Sylvia Edwards, City Clerk
City of Corona

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AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of November, 2025.

Sylvia Edwards, City Clerk
City of Corona

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-439

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH RAILPROS FIELD SERVICES, INC., FOR THE MCKINLEY STREET GRADE SEPARATION PROJECT
EXECUTIVE SUMMARY:

This staff report asks the City Council to consider the approval of a Second Amendment with Railpros Field Services Inc. (RailPros) to increase the contract by an additional $300,000 to provide necessary flagging services.

RECOMMENDED ACTION:

That the City Council:
a. Approve the Second Amendment to the Professional Services Agreement with Railpros Field Services Inc., to increase the total compensation by $300,000 to provide necessary flagging services.
b. Authorize the City Manager, or his designee, to execute the Second Amendment to the Professional Services Agreement with Railpros Field Services, Inc., including any non-substantive extensions, change orders, purchase orders and amendments up to the amount authorized by Corona Municipal Code Section

3.08.070 (G), which is the equivalent of $90,000, and issue a change order for $300,000 with Railpros Field Services, Inc.

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BACKGROUND & HISTORY:

On May 19, 2021, the City Council approved a Railroad Construction and Maintenance Agreement (“C&M Agreement”) between the City and Burlington Northern and Santa Fe Railway Company (“BNSF Railway Company”) for the McKinley Grade Separation Project (Project). The C&M Agreement was fully executed between both parties on June 24, 2021, in compliance with the City Council’s May 19, 2021, authorization for execution. In the C&M Agreement, the estimated cost for flagging was over $900,000.

On August 17, 2022, representatives from BNSF Railway Corporation notified the City that, due to a general shortage of personnel responsible for covering flagging throughout the entire Southwest United States, BNSF Railway Corporation would no longer provide staffing or coordination services for railroad flagging. This policy took effect on August 1, 2022, and only BNSF Railway Corporation-authorized consultants are permitted to provide flagging services on behalf of BNSF Railway Corporation. RailPros is the only authorized consultant to provide these services. Therefore, the City entered into a separate agreement with Railpros on September 7, 2022, for required flagging services.

Originally anticipating an accelerated schedule, the contract was only for $300,000. On November 20, 2024, the City Council approved a Second Amendment to increase the contract by an additional $300,000 for railroad flagging services.

ANALYSIS:

At the final stages of the project, the estimated amount of flagging services was more than anticipated due to the additional work required for the contractor to complete the project. Therefore, staff is requesting an additional $300,000 to the contract to cover the cost of services already provided and any unforeseen work required to complete the project, for a total contract amount of $900,000. This amount was included in the original estimate of the C&M Contract with BNSF, which was also part of the project budget. The McKinley Grade Separation Project is substantially complete and fully open to traffic, with minor punch list items still ongoing until the end of the year.

FINANCIAL IMPACT:

Funding for the recommended actions is available in the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01 within various funding sources.

ENVIRONMENTAL ANALYSIS:

Per Public Resources Code Section 21080.13, all railroad grade separation projects that eliminate an existing at grade crossing is exempt from the laws for the California Environmental Quality Act (CEQA). As a grade separation project, this Project is statutorily exempt under the California Environmental Quality Act. The recommended actions involve the approval of professional services agreements. Therefore, no environmental analysis is required at this time.

PREPARED BY: KEVIN HANNA, ASSOCIATE ENGINEER

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REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Second Amendment to the Professional Services Agreement

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CA\DD\02000.50105\10005846.1
27157.11000\2955190.2

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CORONA
AND
RAILPROS FIELD SERVICES, INC.
(RAILROAD FLAGGING SERVICES – CITY OF CORONA PROJECT NO. 2012-12)

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this _____ day of ____________, 2025 by and between the City of Corona (“City”) and RailPros Field Services, Inc. a Texas corporation (“Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated September 7, 2022 (“Agreement”), whereby Consultant agreed to provide railroad flagging services.

2.2 Prior Amendments. City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about November 20, 2024 (“First Amendment”).

2.3 Amendment. City and Consultant desire to amend the Agreement for the second time to (1) extend the Term of the Agreement through June 30, 2026 and (2) increase the Total Compensation by $300,000 to $900,000.

3. TERMS.

3.1 Term. Section 3.1.2 (Term)of the Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from
September 1, 2022 to June 30, 2026 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to section

3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
Docusign Envelope ID: 86B3C133-F88B-479D-9843-C5D521C39A77

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CA\DD\02000.50105\10005846.1
2 (BB&K: 9-10)
27157.11000\2955190.2

3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement, as amended by the First Amendment, are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Nine Hundred Thousand Dollars ($900,000) (“Total Compensation”) without written approval of the City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.3 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.

3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 86B3C133-F88B-479D-9843-C5D521C39A77

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CA\DD\02000.50105\10005846.1
3 (BB&K: 9-10)
27157.11000\2955190.2
CITY’S SIGNATURE PAGE
FOR

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CORONA
AND RAILPROS FIELD SERVICES, INC.
(RAILROAD FLAGGING SERVICES – CITY OF CORONA PROJECT NO. 2012-12) IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Javi Luna
CIP Manager/ Assistant City Engineer
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City of Corona, CA
City Clerk
Docusign Envelope ID: 86B3C133-F88B-479D-9843-C5D521C39A77

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CA\DD\02000.50105\10005846.1
4 (BB&K: 9-10)
27157.11000\2955190.2
CONSULTANT’S SIGNATURE PAGE
FOR

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

RAILPROS FIELD SERVICES, INC.
a Texas corporation
By: _________________________
Jeff Vines
Vice President/ Chief Financial Officer
Docusign Envelope ID: 86B3C133-F88B-479D-9843-C5D521C39A77

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Utilities Department
2025-440

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

AGREEMENT WITH CLP ENGINEERING, LLC FOR THE WHOLESALE

DISTRIBUTION ACCESS TARIFF RELAY REPLACEMENT PROJECT
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve a Professional Services Agreement with CLP Engineering, LLC to design, procure, and oversee installation of modern SEL-751 digital relays at five Wholesale Distribution Access Tariff interconnection points for the electric utility.

RECOMMENDED ACTION:

That the City Council:
a. Approve the Professional Services Agreement with CLP Engineering, LLC for the design, procurement, and oversight of SEL-751 relay installation at five Wholesale Distribution Access Tariff connection points.
b. Authorize the City Manager, or his designee, to execute the Professional Services Agreement with CLP Engineering, LLC in the amount of $207,507, including any non-substantive extensions, change order, purchase orders, and amendments up to the amount authorized by Corona Municipal Code Section 3.08.070(G), which is equivalent to 10% or $20,750.

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c. Make a determination under Corona Municipal Code Section 3.08.140(D) that competitive bidding has been satisfied for the reasons provided in the “Basis of Determination that Purpose of Bidding is Otherwise Accomplished” section of this report.
d. Create a new capital improvement project titled “Wholesale Distribution Access Tariff Relay Replacement” and authorize an appropriation in the amount of $315,000, from the Greenfield Electric Utility Fund 578 to this project.

BACKGROUND & HISTORY:

The Utilities Department (UD) receives power for the Greenfield electrical distribution system through five Wholesale Distribution Access Tariff (WDAT) interconnection points with Southern California Edison (SCE). These points are located throughout our service area and include:
 Clearwater (Water Reclamation Facility #1)
 Sunkist/Princeland (Water Reclamation Facility #2)
 Dos Lagos (Water Reclamation Facility #3)
 Corona Pointe
 The Crossings
Each site is equipped with 15-Kilovolt (kV) switchgear that includes a main breaker, metering cabinet, and feeder breakers. The Clearwater site utilizes fused load break switches for its four feeders, whereas the remaining locations are outfitted with circuit breakers integrated with protective relays and control systems to safeguard against overcurrent faults. The protective relays currently in service are outdated legacy models that require replacement to ensure continued system reliability.

Digital meters are installed at each WDAT interconnection to monitor switchgear performance, issue outage alerts, and collect load data. These meters are also obsolete, with three units having failed and no longer transmitting data or alerts.

To enhance operational efficiency, reduce costs, and minimize the need for preventative maintenance, UD is evaluating the replacement of both the protective relays and meters with advanced digital protective relays. These modern devices offer integrated protection, metering, and monitoring functionalities, effectively consolidating the roles of the existing equipment into a single, more capable solution.

ANALYSIS:

CLP Engineering, LLC (CLPE) provides utility services, including engineering, operations, maintenance, upgrade, and construction of electrical substations and distribution systems. City Light and Power, Inc., CLPE’s sister company under the same ownership, owns and operates ten military electrical distribution systems, which are comparable in size and complexity to UD’s distribution system. CLPE acts as the engineering

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department for CLP’s operations. Their experience with smaller-scale electric distribution systems and modern technology makes them uniquely qualified for this project.

CLPE recently created a load flow model for UD, giving them in-depth knowledge of UD’s electrical infrastructure. They also have extensive experience with the design and installation of SEL-751 relays, having successfully installed them in more than 50 of their own substations. Feedback from both CLPE and other utilities regarding the performance and reliability of SEL-751 relays has been overwhelmingly positive. UD’s Supervisory Control and Data Acquisition (SCADA) contractor, South Coast Automation Systems, has reviewed the proposed relays and confirmed compatibility with the City’s existing SCADA system.

Proposed Scope of Work
CLPE will oversee the replacement of relays and meters for 15 breakers and 4 load-break switches across 5 WDAT connection points with SEL-751 protective relays. These relays will provide protection, metering, and monitoring capabilities.

Preliminary Design
 Conduct site assessments/data gathering and establish project objectives, requirements, responsibilities, and a conceptual plan for relay replacement.  Create preliminary site plans, one lines, and communications diagrams based on site assessments and existing as-built drawings.
 Review and refine preliminary design and plans with the technical team Detailed Design
 Develop schematics for field construction.
 Develop existing breaker front panel modification details for removing existing relays and installing new relay and adapter panels.
 Compile bill of materials and procure materials.
 Develop field work, testing, and commissioning plans.  Develop protective relay settings, including protective settings, control logics, metering and monitoring, communications, and SCADA Modbus point lists.

Field Installation, Testing, and Commissioning
 Mobilize the field engineering team to support field installation work.  Test the control functions of the relays.
 Commission and test metering, monitoring, and controls for each relay.

Closeout
 Compile and submit as-built drawings, final relay setting, and commissioning/test reports.

Additional Support Services

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 Western Construction Specialists, Inc., UD’s on-call electrical contractor, will perform installation of the relays, field switching, operations, de-energization, and reenergization of circuits.
 South Coast Automation Systems, UD’s SCADA contractor, will perform SCADA system programming, design, testing, and onsite installation.

Basis for Determination of Competitive Bidding
UD evaluated and determined that the proposal from CLPE is in line with UD’s desired scope of work. UD believes that the purpose of bidding is otherwise accomplished for this service pursuant to CMC Section 3.08.140(E), which states as follows:
“Purpose of bidding is otherwise accomplished. When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determine that it is in the best interest of the city and its administrative operations to dispense with public bidding for non-public projects under this chapter.”
Staff assessed CLPE’s proposal and determined that the contractor is able to successfully deliver the level of services required by UD and that the price for the proposed services is fair and reasonable. During the prior engagement with the City to conduct a capacity study and load flow model, staff was very satisfied with the work conducted by CLPE.

CLPE is familiar with UD’s system and the installation, integration, and operation of SEL751 relays. CLPE has a wealth of experience evaluating and upgrading similar small electrical distribution systems. UD received positive feedback from CLPE and other agencies regarding the function and reliability of the SEL-751 relays.

UD’s estimated cost to replace the existing meters at all locations is $60,000. By installing SEL-751 relays, UD eliminates the need for separate meter replacements and reduces the number of devices requiring ongoing maintenance, resulting in long-term cost savings and operational efficiencies. Additionally, the proposed relays will provide better protection, monitoring, and control of the WDAT switchgears and distribution system as compared to the existing protective relays. UD believes it is in the best interest of the City to proceed with the recommended actions based on the efficiencies created, overall cost savings, and qualifications that CLPE possesses.

Staff requests City Council consideration to create a new capital improvement project titled “Wholesale Distribution Access Tariff (WDAT) Relay Replacement,” authorize an appropriation in the amount of $315,000, from the Greenfield Electric Utility Fund 578 to this project, and approve the Professional Services agreement with CLPE to provide design, procurement, and installation of SEL-751 relays at five WDAT connection points.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation in the amount of $315,000 from the Greenfield Electric Utility Fund 578 to a new capital improvement

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project titled “Wholesale Distribution Access Tariff (WDAT) Relay Replacement.” There is sufficient working capital for the recommended actions.

ENVIRONMENTAL ANALYSIS:

State CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve the Professional Services Agreement for design, procurement, and installation of replacement relays at five electric WDAT locations, and there is no possibility that approving these changes will have a significant effect on the environment.

Therefore, no environmental analysis is required.

PREPARED BY: ERIN KUNKLE, MAINTENANCE MANAGER
REVIEWED BY: TOM MOODY, UTILITIES DIRECTOR
ATTACHMENT:

1. Exhibit 1 – PSA with CLP Engineering, LLC

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CA\DD\02000.50101\1401461.15
PTEAM 12.29.2023 (CITY ATTY: 05-19)

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH CLP ENGINEERING, LLC
(ENGINEERING AND DESIGN SERVICES – WDAT RELAY REPLACEMENT

PROJECT)

1. PARTIES AND DATE.

This Agreement is made and entered into this 19th day of November, 2025 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and CLP Engineering, LLC. a Delaware LLC a limited liability company with its principal place of business at 4582 S Ulster St., Suite 800, Denver, Colorado 80237 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing engineering and design services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the WDAT Replay Replacement project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and design consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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PTEAM 12.29.2023 2 (CITY ATTY: 05-19)

3.1.2 Term. The term of this Agreement shall be from November 19, 2025 to December 31, 2026 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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PTEAM 12.29.2023 3 (CITY ATTY: 05-19)
The key personnel for performance of this Agreement are as follows: Ajay Sitaula, PE, Dalton Shaffer, PE, Eric Ruffel, PE, Erik Parsons, PE, Alex Dresser and Andy Wallace.

3.2.5 City’s Representative. The City hereby designates Tom Moody, Utilities Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Ajay Sitaula, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.9.1. 3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

To the extent applicable, Consultant shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Consultant shall make available for inspection and copying any and all documents or information associated with Consultant’s and its subconsultants’ and subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Consultant is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Consultant shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

3.2.10 Insurance.

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3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence, $2,000,000 aggregate per claim.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

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3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the project provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the project pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred and Seven Thousand Five Hundred and Seven Dollars and No Cents ($207,507.00) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the project is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project Docusign Envelope ID: AEAE953B-D873-420B-8C5E-5F0153241E28 Docusign Envelope ID: 7910E02D-8D10-49B8-97EF-CA2F9DDD4E0C

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other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Consultant:

CLP Engineering, LLC
4582 S Ulster St., Suite 800
Denver, CO 80237
Attn: Ajay Sitaula, VP and Chief Engineer
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH CLP ENGINEERING, LLC
(ENGINEERING AND DESIGN SERVICES – WDAT RELAY REPLACEMENT

PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Tom Moody
Utilities Director
Reviewed By: _________________________
Katie Hockett
Assistant Utilities Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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PTEAM 12.29.2023 17 (CITY ATTY: 05-19)
CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH CLP ENGINEERING, LLC
(ENGINEERING AND DESIGN SERVICES – WDAT RELAY REPLACEMENT

PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CLP ENGINEERING, LLC
a Delaware limited liability company
By: _________________________
Ajay Sitaula
Vice President/Chief Engineer
By: _________________________
Marty Maxfield
CFO
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant (CLPE) promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and design services for the WDAT Relay Replacement Project. The Services are more particularly described herein.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

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EXHIBIT “C”

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Fire Department
2025-448

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

CAL FIRE WILDLAND PROTECTION AGREEMENT RESOLUTION
EXECUTIVE SUMMARY:

This staff report asks Council to adopt a resolution authorizing payment of $186,485.62 to CAL FIRE for the previously approved amended Wildland Protection Agreement. This resolution is requested by CAL FIRE and the State Department of General Services and will be required by the agreement annually hereafter.

RECOMMENDED ACTION:

That the City Council approve and adopt the Resolution approving the amended Wildland Protection Agreement for Fiscal Year 25/26, in the amount of $186,485.62 in its entirety.

BACKGROUND & HISTORY:

Several key terms define responsibility for wildland fire protection in Corona:
 Direct Protection Area (DPA): The geographic area where a specific fire protection agency, such as the City of Corona Fire Department, is primarily responsible for fire response and suppression.
 Federal Responsibility Area (FRA): Lands where federal agencies old legal responsibility for wildland fire protection.
 State Responsibility Area (SRA): Lands where the State of California, through CAL FIRE, assumes financial and operational responsibility for wildland fire protection.

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 Local Responsibility Area (LRA): Lands not designated as state or federal responsibility, where the local jurisdiction, in this case the City of Corona, provides fire protection services.

On October 20, 2021, the City Council approved the City of Corona’s first Wildland Protection Agreement (WPA) with CAL FIRE. The agreement covered 721 acres within the Prado Basin LRA and was established in response to the significant wildfire risk demonstrated by the 2020 Airport Fire. That fire began in the Prado Basin, with part of the affected area within the City’s LRA. Although the fire extended into the SRA, resulting in CAL FIRE absorbing a significant portion of the cost, the incident cost nearly $4 million and required fourteen days to reach full containment, while Airport operations were disrupted for several days. The WPA was developed to eliminate delays in ordering specialty resources (e.g. aircraft, dozers, and hand crews) and to significantly reduce potential costs to the City during major wildland fire incidents.

In November 2022, the WPA was amended to add a second geographic area, Eagle Valley, thereby increasing the total protected LRA acreage to 1,879 acres. Since 2019, the City has responded to 54 fires in Eagle Valley. The expanded coverage ensured that specialized resources could be requested at a predetermined cost, protecting the City from unexpected or exorbitant expenses during major incidents.

The most recent addition to the WPA is the Sierra Del Oro area, located in the southwestern city limits. This 1,476.01-acre area is within both Corona’s DPA and LRA, bringing the total WPA-covered LRA acreage to 3,335 acres. While the City remains responsible for the cost of additional firefighting resources used in this area, the expanded agreement continues to allow for the request of specialized resources without incurring costs beyond those outlined in the WPA.

ANALYSIS:

The Wildland Protection Agreement (WPA) provides a coordinated framework for wildland fire response plan between the City and CAL FIRE. Due to Corona’s wind-prone typography, wildland fires can quickly exceed local capabilities. When this occurs, CAL FIRE provides additional resources, which, without the WPA, would be billed at an hourly rate of approximately $50,000 for the first hour of a high-threat dispatch. The agreement is structured to enhance interagency coordination and reduce the City’s firefighting expenses, ensuring rapid and cost-effective access to critical resources during emergencies.

Since its adoption in 2021, the WPA has evolved to address increasing wildland fire risk by expanding its coverage from the original Prado Basin area to Eagle Valley in 2022 and, most recently, to Sierra Del Oro. Each expansion was prompted by recent fire history and the need for efficient, cost-controlled access to CAL FIRE’s specialized resources.

With these additions, the WPA now covers 3,355 acres of LRA within the City. The agreement remains a vital tool for protecting the community and mitigating the financial impact of wildfires.

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FINANCIAL IMPACT:

Funding for the recommended action of $186,486 is included in the Fire Department’s Fiscal Year 2026 Operating Budget as a recurring annual cost. The Wildland Protection Agreement, prepared on a fiscal year basis from July 1 through June 30, is subject to annual adjustments based on protected acreage and CAL FIRE’s cost-per-acre rates.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. There is no possibility that adopting this resolution will have a significant effect on the environment.

Therefore, no environmental analysis is required.

PREPARED BY: JUSTIN MCGOUGH, DEPUTY FIRE CHIEF
REVIEWED BY: BRIAN YOUNG, FIRE CHIEF
ATTACHMENTS:

1. Exhibit 1 – WPA Amended Staff Report

2. Exhibit 2 – Signed WPA Agreement for 25/26

3. Exhibit 3 – Resolution

4. Exhibit 4 – Item 6.10 CC Approval

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DATE: 08/06/2025
TO: Honorable Mayor and City Council Members
FROM: Fire Department
[Report Number]

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

An amendment to the Wildland Protection Agreement between the City of Corona and CAL FIRE to include an additional 1476.01 acres. [Title]
EXECUTIVE SUMMARY:

The City of Corona is expanding its Wildland Protection Agreement (WPA) with the California Department of Forestry and Fire Protection (CAL FIRE) by adding a third geographic area to the two previously identified areas covered under agreements adopted in 2021 and 2022.

This expansion continues the City’s commitment to providing coordinated and costeffective wildland fire protection for areas under local jurisdiction responsibility, ensuring that specialized resources and mutual aid are available during wildland fire emergencies.

RECOMMENDED ACTION:

That the City Council:
a. Approve the amended Wildland Protection Agreement for Automatic and Mutual Aid in Fire Emergency Services between the City of Corona and

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California Department of Forestry and Fire Protection (CAL FIRE). b. Authorize the City Manager, or the Fire Chief, to execute the amended Wildland Protection Agreement for Automatic and Mutual Aid in Fire Emergency Services between the City of Corona and California Department of Forestry and Fire Protection (CAL FIRE).

BACKGROUND & HISTORY:

For context, several key terms define responsibility for wildland fire protection in Corona.

The Direct Protection Area (DPA) is where a specific fire protection agency, such as the City of Corona Fire Department, is primarily responsible for responding to and managing fire suppression. The Federal Responsibility Area (FRA) covers land where federal agencies are accountable for wildland fire protection under federal law. The State Responsibility Area (SRA) is where the State of California, through CAL FIRE, holds financial responsibility for wildland fire protection. The Local Responsibility Area (LRA) includes lands where neither the state nor federal government has legal responsibility, leaving the local agency, such as the City of Corona, to provide fire protection services.

The City of Corona’s Wildland Protection Agreement (WPA) with CAL FIRE was first approved by the City Council on October 20, 2021, covering 721 acres in the Prado Basin LRA. This agreement was established in response to the significant risk of wildland fires in the area, as highlighted by the 2020 Airport Fire. That fire began in the Prado Basin, with part of the affected area within the City’s LRA. Although the fire extended into the SRA, resulting in CAL FIRE absorbing much of the cost. The total incident expenses reached nearly $4 million, and full containment took fourteen days, disrupting airport operations for several days. The WPA was designed to eliminate delays in ordering specialty resources (such as aircraft, dozers, and hand crews) and to significantly reduce potential costs to the City of Corona during such incidents.

In November 2022, the WPA was amended to add a second geographic area, Eagle Valley, thereby increasing the total protected LRA acreage to 1,879 acres. The City had responded to 54 fires in Eagle Valley since July 2019, and the expansion ensured that specialized resources could be requested at a predetermined cost, protecting the City from unexpected or exorbitant expenses during major incidents.

The most recent addition to the WPA is the Sierra Del Oro area, located in the southwestern city limits. This 1,476.01-acre area is within both Corona’s DPA and LRA, bringing the total WPA LRA coverage to 3,355 acres. The City of Corona remains responsible for the costs of additional firefighting resources in this area, but the amended agreement continues to provide for specialized resource requests at no extra cost beyond the terms of the agreement.

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ANALYSIS:

The WPA establishes a coordinated wildland fire response plan between the City and CAL FIRE. Due to Corona’s wind-prone geography, wildland fires can quickly exceed local capabilities. When this occurs, CAL FIRE provides additional resources, which, without the WPA, would be billed at an hourly rate of approximately $50,000 for the first hour of a highthreat dispatch. The agreement is structured to enhance interagency coordination and reduce the City’s firefighting expenses, ensuring rapid and cost-effective access to critical resources during emergencies.

The City of Corona’s Wildland Protection Agreement has evolved since 2021 to address the growing risk of wildland fires by expanding coverage from the Prado Basin to Eagle Valley and now Sierra Del Oro. Each expansion has been driven by recent fire history and the need for efficient, cost-controlled access to CAL FIRE’s specialized resources, with the total WPA LRA area now at 3,355 acres. The agreement remains a vital tool for protecting the community and mitigating the financial impact of wildfires.

COMMITTEE:

None
FINANCIAL IMPACT:

Funding for the recommended action of $186,486 is included in the Fire Department’s Fiscal Year 2025/2026 Operating Budget as a recurring annual cost. The Wildland Protection Agreement, prepared on a fiscal year basis from July 1 through June 30, is subject to annual adjustments based on protected acreage and CAL FIRE’s cost-per-acre rates.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely approves an agreement, and there is no possibility that approving the recommended action will have a significant effect on the environment.

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PREPARED BY: JUSTIN McGOUGH, DEPUTY CHIEF
REVIEWED BY: BRIAN YOUNG, FIRE CHIEF
ATTACHMENTS:

Exhibit 1 – Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement
Exhibit 2 - Wildland Protection Agreement Map
Exhibit 3 - Wildland Operating Plan

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STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 8/2024
AGREEMENT NUMBER 3CA07268
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Corona

2. The term of this Agreement is: July 1, 2025 through June 30, 2026

3. The maximum amount of this Agreement is: $ 186,485.62 One hundred eighty six thousand, four hundred eighty five dollars and sixty two cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Corona
BY (Authorized Signature) DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING
Jacob Ellis, City Manager

ADDRESS
400 S. Vicentia St. Ste. 315, Corona, CA 92882

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460

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Contractor Name: City of Corona
Contract No: 3CA07268
- 2 -

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Local Agency: City of Corona
Name: Bill Weiser Name: Jacob Ellis
Phone: 951-940-6900 Phone: 951-736-2371
Fax: 951-940-6910 Fax: NA
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Bill Wesier Local Agency: City of Corona Section/Unit: Riverside unit Section/Unit: City Manager Attention: Scott Lane Attention: Jacob Ellis
Address: 210 W. San Jacinto Av Address: 400 S. Vicentia Av. #315 Phone: 951-940-6900 Phone: 951-736-2371
Fax: 951-940-6910 Fax: NA
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1 day of July, 2025, by and between the State of California, hereinafter called STATE and City of Corona, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 3355 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.

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Contractor Name: City of Corona
Contract No: 3CA07268
- 3 -

4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.

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Contractor Name: City of Corona
Contract No: 3CA07268
- 4 -

EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 50.18 per acre, plus an 10.77% administrative charge for a total of $186,485.62 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

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Contractor Name: City of Corona
Contract No: 3CA07268
- 5 -
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

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Contractor Name: City of Corona
Contract No: 3CA07268
- 6 -

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including nonpayment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party.

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Contractor Name: City of Corona
Contract No: 3CA07268
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report

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City of Corona
3CA07268
Page #: 8
39020

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 3355
General Fund Reimbursement 19.69 $ 66,059.95 $
Unit Budget 30.49 $ 102,293.95 $
Sub-Total 168,353.90 $
Admin Rate 10.77% 18,131.72 $
Total Protection Cost 186,485.62 $
FOR THE 2025/2026 FISCAL YEAR

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Corona

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RESOLUTION NO. 2025-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA, TO APPROVE AND ADOPT
THE PAYMENT OF $186,485.62 TO CAL FIRE FOR THE

WILDLAND PROTECTION AGREEMENT FOR FISCAL
YEAR 25/26
WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE) Director, by Section 4142 of the Public Resources Code, provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection; and
WHEREAS, the City of Corona, by and through its Fire Department, has entered into an agreement with CAL FIRE for wildland fire protection beginning in 2021; and WHEREAS, said procedures established by CAL FIRE and the Department of General Services require the City to certify by resolution the approval of the expenditure of $186,485.62 for Fiscal Year 25/26 on the Wildland Protection Agreement; and WHEREAS, annually thereafter, the City Council shall certify by resolution the expenditure of funds on the Wildland Protection Agreement when entering into an agreement with CAL FIRE for providing wildland fire protection.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. The City Council of the City of Corona (“City Council”) approves the expenditure of $186,485.62 to CAL FIRE for wildland fire protection for Fiscal Year 25/26.

SECTION 2. The City Council certifies that the Fire Department has budgeted $186,486.00 for the Wildland Protection Agreement for Fiscal Year 25/26.

SECTION 3. The City Council certifies that the Fire Department has reviewed, understands, and agrees to the General Provisions contained within the Wildland Protection Agreement.

SECTION 4. The City Council delegates the authority to its City Manager or their designee to conduct all negotiations, sign, and submit all documents, including but not limited to applications, amendments, and payment requests, that may be necessary for the annual completion of the Wildland Protection Agreement.

SECTION 5. The City agrees to comply with all applicable federal, state, and local

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2 laws, ordinances, rules, regulations, and guidelines.

SECTION 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 19th day of November, 2025.

Mayor of the City of Corona, California
ATTEST:

City Clerk of the City of Corona, California

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3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of November, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of November, 2025.

City Clerk of the City of Corona, California
[SEAL]

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4 EXHIBIT “A”

CITY SIGNED AND EXECUTED LOCAL RESPONSIBILITY WILDLAND

PROTECTION REIMBURSEMENT AGREEMENT
[SEE ATTACHED EIGHT (8) PAGES]

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a.
b.
a.
b.
c.

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2025-443

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

AGREEMENT WITH GA TECHNICAL SERVICES, INC. FOR AS-NEEDED CITYWIDE

HIGH VOLTAGE MAINTENANCE ELECTRICAL SERVICES
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve Maintenance/General Services Agreements with GA Technical Services, Inc. for as-needed citywide high-voltage maintenance electrical services for an initial term through June 30, 2027, with two optional two-year extensions in the amount not to exceed $250,000 per fiscal year.

RECOMMENDED ACTION:

That the City Council:
a. Award Notice Inviting Bids 26-003MB to GA Technical Services, Inc. for AsNeeded Citywide High Voltage Maintenance Electrical Services in the amount not to exceed $250,000 per fiscal year and waive all minor irregularities in the proposal.
b. Authorize the City Manager, or his designees, to execute the Maintenance and General Services Agreement with GA Technical Services, Inc. for a term through June 30, 2027 with two optional two-year extensions in the amount not to exceed $250,000 per fiscal year, including any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized

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in Corona Municipal Code Section 3.08.060(J), which is equivalent to 10% or $25,000.

BACKGROUND & HISTORY:

The Community Services Department manages and maintains the infrastructure at citywide facilities and parks. On-call contractual services have traditionally been utilized for specialized maintenance and emergency repairs that staff cannot manage in-house, allowing staff to address these issues in a timely manner and ensure that facilities and parks remain open and operational for the community.

As the City’s needs have grown and the technical requirements of electrical systems have become more sophisticated, the need for responsive and qualified contractors has become increasingly apparent. On-call electrical services are frequently used by various City departments to handle electrical needs that fall outside the capabilities or scope of work of in-house staff during regular operations and after-hours. Departments such as Community Services and Public Works rely on these services to maintain essential infrastructure, ensure public safety, and respond promptly to service disruptions. The purchase orders (POs) for on-call electrical services will be shared between these departments and made available for citywide use. This collaborative approach ensures that all departments have timely access to qualified electrical contractors, reducing delays and promoting consistent service delivery across the city.

The scope of work for on-call electrical contractors is comprehensive, covering highvoltage systems. Services include, but are not limited to, electrical pedestal repair and replacement, switchgear installation and maintenance, and transformer and circuit breaker servicing. Their work also includes electrical panel upgrades, streetlight and parking lot lighting repairs, conduit and wiring maintenance, and preventive system testing. In addition to scheduled maintenance, these vendors provide on-call and afterhours emergency response, particularly for incidents such as traffic accidents involving damaged electrical pedestals or other critical electrical components.

ANALYSIS:

Notice Inviting Bids (NIB) 26-003MB for As-Needed Citywide High Voltage Maintenance - Electrical Services was posted on Planet Bids on August 4, 2025, and advertised in the Sentinel Weekly on August 15, 2025. The Purchasing Division solicited 482 electrical contractors with a copy of the bid. Twenty-six (26) vendors downloaded the bid, and the City received seven (7) bids on the bid due date of September 11, 2025. The following is a summary of the bid results:

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Staff reviewed the bids submitted by all vendors and recommends awarding a Maintenance and General Services Agreement to GA Technical Services, Inc., as the lowest responsive, responsible bidder. All licenses and references for GA Technical Services, Inc. have been reviewed and verified by City staff, and all other documentation is in order.

FINANCIAL IMPACT:

Funding for the recommended actions is available in the Community Services and Public Works FY 2026 operating budgets within multiple funds. Future funding will be recommended through the annual budget process.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve Maintenance/General Services Agreements for electrical maintenance services, and there is no possibility that approving this agreement will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: MIRNA ROMERO, MANAGEMENT ANALYST II

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REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:

1. Exhibit 1 – Maintenance/General Services Agreement with GA Technical Services, Inc.

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CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GA TECHNICAL SERVICES, INC.
(AS-NEEDED HIGH VOLTAGE MAINTENANCE ELECTRICAL SERVICES – NIB 26- 003MB)

1. PARTIES AND DATE.

This Agreement is made and entered into this _____________day of _________________, 2025 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and GA Technical Services, Inc., a California corporation with its principal place of business at 1157 E.

Arrow Hwy, Ste 2, Glendora, CA 91740 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing as-needed high voltage electrical services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the As-Needed High Voltage Maintenance Electrical Services - NIB 26-003MB project (“Project”) as set forth in this Agreement.

2.4 As-Needed Services
This Agreement is for as-needed or on-call services. This means that each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550, which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.

Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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3. TERMS.

3.1 Scope of Services and Term.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from
_____________________________ to June 30, 2027 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Donna Finch, Community Services Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Frank Cervantes, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or

3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).

Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.

Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $3,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.

Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.

3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City, when the City approves an individual call-out and issues a project work order for that project, a Performance Bond in the amount of the project work order and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City, when the City approves an individual call-out and issues a project work order for that project, a Payment Bond in the amount of the project work order and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation or compensation for a project work order is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation or compensation for a project work order, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

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3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.

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3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Contractor:

GA Technical Services, Inc.
1157 E. Arrow Hwy, Ste 2
Glendora, CA 91740
Attn: Frank Cervantes
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Donna Finch, Community Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or Docusign Envelope ID: 7CDC7AEB-B580-475E-AB00-EE3007ECCE1F Docusign Envelope ID: 893199CE-788D-4F15-9182-BBD0B4631F82

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take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GA TECHNICAL SERVICES, INC.
(AS-NEEDED HIGH VOLTAGE MAINTENANCE ELECTRICAL SERVICES – NIB 26- 003MB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
Approved By: _________________________
Donna Finch
Community Services Department Director
Reviewed By: __________________________
Moses Cortez
Facilities, Parks & Trails Manager
Reviewed By: __________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City of Corona, CA
City Clerk
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CONTRACTOR’S SIGNATURE PAGE FOR

CITY OF CORONA

GA TECHNICAL SERVICES, INC.
a California corporation
By: _________________________
Frank Cervantes
CEO
By: _________________________
Adriana Cervantes
Assistant CFO
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EXHIBIT “A”

SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional as-needed high voltage electrical maintenance and repair services are more particularly described herein.

Electrical – Med/High Voltage (600+ Volts) / Line Work Contract Specifications General
Contractor shall perform Electrical – General (More than 600 Volts) troubleshoot, repairs, maintenance, installation and removal of electric meters, and replacement as directed by the City, including but not limited to the following:

Electrical Service calls, both emergency and non-emergency. • Equipment and component installation, repair and maintenance (common but not limited to); transformers, current transformers (CTs), fuse blocks, risers, control cabinets, switching gears, and meters
• Perform above and below ground electrical distribution • Install, Remove and/or replace both overhead wire and underground cable • Install medium voltage splices and terminations per IEEE standards • Install repair and replace equipment pads
• PME Installation, inspections and services
• Design and install temporary construction power facilities • Calibrations
• Confined space work
• Install or repair in-ground conduit
• Install or repair electric vehicle charging equipment • Vault construction, repair and pumping
• Backup power
• Engineering and design services
• Preventive maintenance and inspection reports
Note – Contractors may be required to furnish parts and equipment supplies Mandatory Requirements
• All contractors and their sub-contractors shall wear Hard Hats, Safety Vests and Goggles at all work sites.

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• Contractors shall require each of their employees to wear basic public works working attire. Contractors’ Employees shall wear uniforms at all times when working on City property which clearly identifies to the public the name of the Contractor responsible for the maintenance services and the employee’s name.
• Contractors shall park their vehicles and equipment to comply with all safety standards of OSHA or CAL-OSHA.
• The Contractor shall abide by the provisions of the latest edition of the Work Area Traffic Control Handbook.
• The Contractor shall promptly clean all job sites when work is completed, generated from their operations and follow all City of Corona Best Management Practices for National Pollutant Discharge Elimination System (NPDES) regulations. The City of Corona NPDES regulations may be accessed at this link:
https://www.coronaca.gov/government/departments-divisions/department-of-water-andpower/about-dwp/water-quality/water-quality-stormwater • The Department of Water and Power and Maintenance Services Department of the City of Corona is responsible for providing emergency building, building infrastructure and equipment repair during emergency evacuation situations and requests cooperation from all contractors providing on-call services to the City of Corona. During a wide-scale emergency, firms may be contacted to provide services and/or equipment. Firms must agree that the City’s request for services will be a top priority. (Pursuant to SB 854 Requirements and Form of Agreement, Section 3.3.5 “Prevailing Wages”)
NOTE – NOT PUBLIC PROJECT WORK
This Agreement generally governs only work which is considered to be “maintenance work” under CMC Section 3.08.010(k) and Public Contract Code Section 22002(d), and does not include “public project” work under CMC Section 3.08.010(m) and Public Contract Code Section 22002(c). The only time that an individual call-out, as described in Exhibits “B” and “C” attached hereto, might include “public project” work is when an individual call-out is strictly limited to an amount that is not required to be informally or formally bid under the CMC or state law (e.g. less than $60,000), and individual projects shall not be split to fall below that amount.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in this Exhibit.

The initial contract term will be for the period November 19, 2025 through June 30, 2027 • Option 1, if exercised, shall be effective July 1, 2027 through June 30, 2029 • Option 2, if exercised, shall be effective July 1, 2029 through June 30, 2031 No price increases will be permitted during the initial contract term. Option year pricing shall be negotiated by the Parties prior to commencement of each additional two-year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. Contractors must request price adjustments ninety (90) days prior to the term end date. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

Work Hours / Response Time
Work shall typically be performed between the hours of 7:00am and 5:00pm – Monday through Friday. Some public facilities may require work to be performed after normal business hours.

Contractors providing services (as contrasted with those providing materials only) shall be available to respond to City requests for service 24 hours per day, seven days per week, with the following response times:
• Response to emergency work requests. Contractors are to provide a verbal response to the City with an estimated time of arrival within (15) fifteen minutes of the City’s initial phone call. Contractor may leave a voice message on Corona Employee’s return phone number. On-site arrival is to be within 2 hours.
• Response to non-emergency work requests shall be within (2) two business days.

AS-NEEDED SERVICES
Each individual call-out under this Agreement is a separate project for purposes the City’s bidding and purchasing requirements.

Contractor shall provide the Services on an as-needed basis, and as scheduled and directed by the City’s Representative.

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For each individual call-out, Contractor shall respond, mobilize and be on-site ready to start work no later than 24 hours after notification for routine work, repairs and installations.

Contractor must be able to respond by telephone to emergency call-out notifications from City within 2 Hours of being notified by City that there is an emergency, and to be mobilized and onsite within one 1 hour of such emergency notification by City.

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EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit.

BONDS
Each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550, which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.

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Payment Bonds: Contractor shall provide a 100% payment bond for all individual call-out projects for which a project work order has been issued by the City in excess of $25,000.

Performance Bonds: Contractor shall be required to provide a 100% performance bond whenever the City indicates that one is required in the project work order issued for an individual call-out project.

Cost of Bonds: Whenever a bond is required by the City for an individual call-out project, Contractor will be able to include the costs of the bonds for that individual call-out.

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2025-444

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC. FOR AS-NEEDED

GRAFFITI REMOVAL SERVICES
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve a Maintenance/General Services Agreement with Graffiti Protective Coatings, Inc. for as-needed graffiti removal services for an initial term through June 30, 2027, with two optional two-year extensions in the amount not to exceed $400,000 per fiscal year. The Community Services Department solicited bids for these services via Notice Inviting Bids 26-002MB, and Graffiti Protective Coatings, Inc. was identified as the lowest responsive, responsible bidder.

RECOMMENDED ACTION:

That the City Council:
a. Award Notice Inviting Bids 26-002MB to Graffiti Protective Coatings, Inc. for asneeded graffiti removal services in the amount not to exceed $400,000 per fiscal year, and waive all minor irregularities in the proposal. b. Authorize the City Manager, or his designee, to execute the Maintenance and General Services Agreement with Graffiti Protective Coatings, Inc. for a term through June 30, 2027, with two optional two-year extensions in the amount not to exceed $400,000 per fiscal year, including any non-substantive extensions, change orders, purchase orders, and amendments up to the

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amount authorized in Corona Municipal Code Section 3.08.060(J), which is equivalent to 10% or $40,000
BACKGROUND & HISTORY:

The City of Corona has long recognized the importance of maintaining clean and safe public spaces to enhance community well-being and deter criminal activity. Graffiti abatement has been a central component of the City’s broader strategy to reduce blight, improve quality of life, and support economic development by presenting a welcoming environment for residents, businesses, and visitors. The presence of graffiti, if left unaddressed, can contribute to perceptions of neglect and may encourage further vandalism or criminal behavior. As such, the City has prioritized the rapid and consistent removal of graffiti to reinforce community standards and discourage recurrence.

In response to increasing demands for timely graffiti removal and to improve operational efficiency, the City transitioned from relying solely on in-house staff to a contractual service model in 2021. This shift was initiated following a comprehensive review of service needs and community expectations, which identified the need for faster response times and greater capacity to address fluctuating volumes of graffiti incidents.

The City’s approach to graffiti abatement is multifaceted, combining contractual removal services with community engagement and prevention initiatives. Programs such as the Park Ambassador Program, community clean-up events, See-Click-Fix, and partnerships with local Homeowner’s Associations are designed to foster public participation and shared responsibility for maintaining clean neighborhoods.

Community considerations remain at the forefront of the City’s graffiti abatement strategy.

The program is designed to be responsive to resident concerns, with multiple channels available for reporting graffiti and requesting service. The City’s commitment to transparency, accountability, and continuous improvement is reflected in its ongoing evaluation of service performance and its willingness to adapt contractual arrangements to evolving community needs.

ANALYSIS:

Notice Inviting Bids (NIB) 26-002MB for as-needed graffiti removal services was posted on Planet Bids on August 4, 2025, and advertised in the Sentinel Weekly on August 15, 2025. The Purchasing Division solicited 17 graffiti contractors with a copy of the bid.

Sixteen (16) vendors downloaded the bid, and the City received two (2) bids on the bid due date of September 8, 2025. The following is a summary of the bid results:

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Staff reviewed the bids submitted by all vendors and recommends awarding a Maintenance and General Services Agreement to Graffiti Protective Coatings, Inc., as the lowest responsive, responsible bidder. All licenses and references for Graffiti Protective Coatings, Inc. have been reviewed and verified by City staff, and all other documentation is in order.

FINANCIAL IMPACT:

Funding for the recommended actions is available in the Community Services’ FY 2026 General Fund 110 and Measure X Fund 120 operating budgets. Future funding will be recommended through the annual budget process.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve Maintenance/General Services Agreements for graffiti removal services, and there is no possibility that approving this agreement will have a significant effect on the environment. Therefore, no environmental analysis is required.

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PREPARED BY: MIRNA ROMERO, MANAGEMENT ANALYST II
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:

1. Exhibit 1 – Maintenance/General Services Agreement with Graffiti Protective Coatings, Inc.

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CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
(GRAFFITI REMOVAL SERVICES - AS-NEEDED CITYWIDE GRAFFITI REMOVAL SERVICES NIB 26-003MB)

1. PARTIES AND DATE.

This Agreement is made and entered into this _________ day of ________________, 2025 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Graffiti Protective Coatings, Inc. a California corporation with its principal place of business at 4624 E. Florence Ave. Bell, CA. 90201 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing graffiti removal services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the As-Needed Citywide Graffiti Removal Services NIB 26-003MB project (“Project”) as set forth in this Agreement.

Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional graffiti removal services maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from November 19, 2025 to June 30, 2027 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Contractor.

3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.

3.2.5 Contractor’s Representative. Contractor hereby designates, Carla Lenhoff, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

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3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

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Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Contractor shall comply, and shall ensure all subcontractors comply, with Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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all applicable requirements of the most current version of the regulations imposed by CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

3.2.10 Insurance.

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.

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Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

Best’s rating no less than A-:X and authorized to issue the required policies in California.

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3.2.12 Bonds.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City, when the City approves an individual call-out and issues a project work order for that project, a Payment Bond in the amount of the project work order and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation or compensation for a project work order is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation or compensation for a project work order, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Four Hundred Thousand Dollars ($400,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

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Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5 General Provisions.

Contractor:

Graffiti Protective Coatings Inc,
4624 E. Florence Ave.

Bell, CA. 90201
Attn: Carla Lenhoff
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Donna Finch, Community Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or Docusign Envelope ID: 5F9185DE-E8BC-4300-B4BF-C59E1CFD9990 Docusign Envelope ID: 139261ED-5C8F-479C-B01E-98DBCF781ABF

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incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

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3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH GRAFFITI PROTECTIVE COATINGS, INC.
(GRAFFITI REMOVAL SERVICES - AS-NEEDED CITYWIDE GRAFFITI REMOVAL SERVICES NIB 26-003MB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Donna Finch
Community Services Director
Reviewed By: _________________________
Moses Cortez
Parks & Trail Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONTRACTOR’S SIGNATURE PAGE FOR

CITY OF CORONA

GRAFFITI PROTECTIVE COATINGS, INC.
a California corporation
By: _________________________
Carla Lenhoff
President
By: _________________________
Neil Lenhoff
Regional Director
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EXHIBIT “A”

SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional As-Needed Graffiti Removal Services are more particularly described herein.

A. Licensing Requirements and Execution of Work:

1. Contractor must possess a valid State of California C-33 License (Painting and Decorating Contractor).

2. Contractor must possess a valid State of California C-61 D38 License (Water and Sand Blasting).

3. Work shall be performed in accordance with accepted and established industry guidelines, Painting Contractor Association (PCA) standards, and as directed by the Community Services Department staff.

4. Contractor employees must be familiar with and utilize the Manual on Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook (WATCH) for any required traffic control.

B. Minimum Experience:

1. Contractor must have a minimum of Four (4) years of experience in the provision of graffiti abatement services for a municipal client.

C. Protection and Restoration of Existing Improvements:

1. Contractor is responsible to protect in place all existing improvements while performing work, including but not limited to landscaping, sprinkler systems, drains and drainpipes, brick work, fences, etc., whether on public or private property.

2. In the event that any existing improvements are damaged as a result of the work performed to abate graffiti, the contractor shall be responsible for replacing all items as contractor’s expense.

3. In the event that the contractor does not, in their professional opinion, believe that they can remove graffiti without causing such damage, they are to notify the City’s representative immediately and prior to taking any abatement action.

D. Environmental Compliance:

1. The contractor is responsible for performing all work, including any equipment cleaning, in an environmentally responsible manner and in accordance with National Pollutant Discharge Elimination System (NPDES) standards.

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2. Contractor must implement all Best Management Practices (BMPs), clean up all paint spills, and keep all water used in water-blasting out of the storm drain system.

3. All paint, chemicals and containers must be stored and disposed of properly.

4. Contractor to complete a web-based Annual Storm Water Pollution Prevention Training course.

E. Private Property:

1. Authorization to remove graffiti on private property shall require obtaining a signed release from the property owner or verifying an existing release is on file prior to abating any graffiti.

2. Contractor must obtain a release from each property owner, tenant or authorized agent.

3. After obtaining consent and signed release form not previously on file, contractor shall scan, take a picture or otherwise retain a copy of the release to be kept on file with the customer records in Nexgen.

4. City will specify colors for private utility boxes.

5. The City will offer a set of standard colors for private property owners to choose from for graffiti abatement that requires paint.

6. If the property owner does not want one of the predetermined colors or is unwilling to sign the release, contractor will provide the property owner with a City provided notice on their further options and requirements for graffiti removal. The notice will contain City contact information for City Code Enforcement.

F. Approved Methods of Removal:

1. Approved methods of approval include covering by paint, utilizing a chemical remover or solvent, and power washing- and sand-blasting. Contractor shall be responsible for choosing the most appropriate and effective method of graffiti removal for each location.

2. Removal by Paint:
a. Graffiti shall be painted over and extended one-foot beyond the graffiti in both directions and shall be squared with clean edges.
b. If the wall or area has been recently painted as part of the graffiti abatement process, the contractor can paint just the area of the graffiti.

G. Color Standards for City Buildings and Parks:

1. The contractor shall make every attempt to appropriately match existing paint colors when paint is the most appropriate method of removal.

2. The City will provide paint names for all City owned buildings and park facilities.

J. Reporting Procedures and Documentation Requirements:

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1. The contractor shall verify the location / address information supplied in the work order and update any incorrect information.

2. Obtain any necessary releases for private property work as described in Section G.

3. The contractor shall take at least two pictures of the graffiti. The pictures must have a digital date displayed in the picture:

The first picture is to be taken prior to removal. This picture must be clear for subsequent analysis by the City of Corona Police Department. If needed, a. additional pictures or close-up pictures are required in order to allow for appropriate analysis.
b. The second picture shall be taken after the graffiti has been abated and will serve as verification of work performed.

4. Enter the total square footage abated at each site in the electronic work order system.

5. Enter the name(s) of the employee(s) that performed the work.

6. The method of removal shall be noted in the electronic work order system.

7. Add any relevant notes or comments to the work order.

8. Change the status to ‘Complete’ upon completion of work as specified.

K. Inability to Locate Graffiti:

1. If the graffiti cannot be located in 15 minutes, contractor shall take pictures of the area reported to document and close the work order.

2. Contractor will be paid a lump sum per occurrence per the bid schedule.

L. Customer Service Expectations:

1. Residents may approach contractor during graffiti remediation. Each employee of the contractor is expected to be polite and courteous to citizens.

2. Employees must be able to speak in English in a clear manner; Spanish is desired but not required.

3. Contractor will be provided with a script of appropriate information to provide to the public to answer questions, as well as business cards to provide to residents for information beyond what has been provided.

M. Professional Appearance:

1. All equipment and vehicles must be maintained in a clean, safe and mechanically sound condition, should have all proper equipment and safety lights to perform work in traffic conditions.

2. All contactor personnel must wear a uniform that clearly identifies the company and employee name.

3. Uniforms are to be neat, without tears, shall fit appropriately and shirts shall be tucked in at all times.

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4. Vehicles will display magnets at all times that identify the contractor as a “City of Corona Contractor,” including a phone number for questions.

N. Required Training:

1. The selected contractor and any staff that will work with the City of Corona’s will be required to attend training conducted by the City of Corona on the use of the City’s Nexgen program, which is used for work orders.

2. Training will consist of 2 hours and can be conducted remotely or in the field.

O. Items to Be Supplied by the City:

1. Training on software and customer service expectations.

2. Licensed user access to the Nexgen work order application and Contractor portal.

3. Vehicle magnet(s) to be displayed on contractor’s work vehicle.

4. Approved script, electronic forms, waivers and business cards as needed for public interactions.

P. To Be Provided by the Contractor:

1. All vehicles and personnel necessary to perform the work as described, both in the field and any office staff as needed.

2. A single point of contact for the City.

3. Materials and tools to perform graffiti abatement, including paint, water, sand blasting materials, and chemicals for paint and adhesive removal, paint brushes, tools, ladders, etc.

4. Contractor is responsible for ensuring their vehicles and personnel have all appropriate equipment to remove graffiti, without coordination with the City.

5. A tablet, camera, iPad, phone or other appropriate device(s), including cellular communication services, to perform the work as specified and complete electronic work orders in the field.

6. All uniforms, safety personal protection equipment (PPE), and any required breathing apparatus.

7. All traffic control devices, cones, etc. to perform work safely within proximity to vehicular traffic and rights-of-way.

Q. Miscellaneous:

1. Billing to be submitted on a weekly/monthly basis and shall include these items at a minimum:
a. Work order number
b. Date of completion
c. Location of work
d. Square footage removed
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e. Name of employee(s) that performed the work
f. Work type – regular hours, holiday, after hours, or graffiti not found R. Non-Compliance / Non-Conformance of Contract:

1. In the event that the contractor fails to correct graffiti in the contractual time frame, or to the satisfaction of the City, it shall be removed by the City.

2. The Contractor shall be charged back for all costs for removal by the City, including time, materials and administrative costs.

NOTE – NOT PUBLIC PROJECT WORK
This Agreement generally governs only work which is considered to be “maintenance work” under CMC Section 3.08.010(k) and Public Contract Code Section 22002(d), and does not include “public project” work under CMC Section 3.08.010(m) and Public Contract Code Section 22002(c). The only time that an individual call-out, as described in Exhibit “B” and Exhibit “C” attached hereto, might include “public project” work is when an individual call-out is strictly limited to an amount that is not required to be informally or formally bid under the CMC or state law (e.g. less than $60,000), and individual projects shall not be split to fall below that amount.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in this Exhibit.

Response Times and Working Hours:

1. Graffiti removal must occur within forty-eight (48) to seventy-two (72) hours, including weekends, unless it is designated as an emergency removal due to the location, profanity, or gang-related nature. These will be designated by the priority level of “Emergency” in the Nexgen system and will be accompanied by a phone call to agree upon contact at the Contractor.

2. Contractor is expected to adjust staff levels based upon volume to meet these requirements.

3. After-hours/Emergency/Profanity, hate crime, inflammatory, gang-related contact number on an as-needed. Two-hour response time required.

4. Normal Working Hours: Monday to Friday, from 7:00 a.m. to 4:00 p.m. and Saturday and Sunday if workloads require additional workdays or an emergency is called in.

5. If there is additional graffiti found while performing these duties, it should be reported to the City to go through the Nexgen system and subsequently be assigned to the Contractor.

AS-NEEDED SERVICES
Each individual call-out under this Agreement is a separate project for purposes the City’s bidding and purchasing requirements.

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Contractor shall provide the Services on an as-needed basis, and as scheduled and directed by the City’s Representative.

For each individual call-out, Contractor shall respond, mobilize and be on-site ready to start work no later than (24) Twenty-Four to (48) Forty-Eight hours after notification for routine work, repairs and installations. Contractor must be able to respond by telephone to emergency call-out notifications from City within (2) Two hours of being notified by City that there is an emergency, and to be mobilized and on-site within one (2) Two hour of such emergency notification by City.

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EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein. • Item 1 may or may not be utilized by the City, and is listed as an alternative service level to Item No. 1 in the Bid Schedule.
• Items 2 through 7 below may or may not be utilized by the City on an as-needed basis. • All charges below listed with a Unit of Measure as Each are charged in addition to the square footage charge for abatement.
• **Square foot pricing has a 50 square foot minimum per site. ** RATES
Description
Unit of
Measure Quantity
Per Unit
Measure
Graffiti Abatement within 48-72 hours
of report Sq. Ft. 1 $0.54
50 square foot minimum
charge per location
Unable to Locate Graffiti Each 1 $0.00 no charge
Graffiti Abatement within 24-48 hours
of report Sq. Ft. 1 $0.54
50 square foot minimum
charge per location
After-hour graffiti abatement Each 1 $150.00
Emergency, same-day response for
profanity or other prominent graffiti Each 1 $150.00
Holiday and weekend response Each 1 $150.00
Fee waived if 25 or more
locations are cleaned
Patrolling and hot-spot monitoring
(with proactive removals) Hour 1 $0.00
Weekday proactive patrol at
no additional cost
Power-Washing/General Cleaning Hour 1 $88.00
Anti-graffiti coating application Sq. Ft. 1 $2.00
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These services may be utilized on an as-needed basis:

1. Same-day response for profanity or other prominent graffiti.

2. After-hour graffiti abatement

3. 24-48 hour regular response time (in-lieu of 48-72 hour regular response time)

4. Holiday and weekend abatement

5. Patrolling and hot-spot monitoring

6. Power-Washing/General cleaning

7. Anti-graffiti coating application
BONDS
Each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550, which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.

Payment Bonds: Contractor shall provide a 100% payment bond for all individual call-out projects for which a project work order has been issued by the City in excess of $25,000.

Cost of Bonds: Whenever a bond is required by the City for an individual call-out project, Contractor will be able to include the costs of the bonds for that individual call-out.

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DATE: 11/19/2025
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2025-445

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

APPROVE REVISIONS TO THE ATHLETIC FACILITY ALLOCATION POLICY EXECUTIVE SUMMARY:

This staff report requests that the City Council approve and authorize the execution of revisions to the Athletic Facility Allocation Policy, which will provide a streamlined, transparent, and equitable process for allocating City-owned athletic facilities. The revisions clarify group classifications, application requirements, and documentation standards to ensure compliance with residency and non-profit criteria, while aligning with municipal code provisions.

RECOMMENDED ACTION:

That the City Council approve the revised Athletic Facility Allocation Policy as presented.

BACKGROUND & HISTORY:

The Athletic Facility Allocation Policy was established to address increasing demand for public athletic fields and to ensure a fair, transparent, and consistent process for field use by community-based youth sports organizations. Rooted in the authority granted by the Corona Municipal Code, the policy supports responsible stewardship of public resources while promoting youth development and community benefit.

Over time, the City has refined the policy to reflect changing demographics, growing participation in youth sports, and evolving community needs. Revisions have addressed

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challenges such as limited field availability, maintenance demands, and the need to balance recreational and competitive use.

ANALYSIS:

Over the past year, staff have administered the Athletic Field Allocation Policy and identified several areas where minor procedural improvements could enhance clarity, simplify internal procedures, and streamline operations. These proposed revisions are not substantive policy changes, but rather targeted “cleanup” adjustments based on practical experience and user-identified difficulties.

The current updates streamline procedures, clarify requirements, improve efficiency, compliance, and equitable access, support responsible use of public resources, and establish a framework for ongoing evaluation and policy refinement. Key updates include clarifying application procedures, documentation requirements, and group classifications to minimize confusion and ensure consistent application of policy. For example, revised instructions and deadlines aim to reduce delays caused by unclear form sequencing and timing of roster submissions. Additionally, the policy now provides more explicit guidance on verifying non-profit status and residency, helping to prevent disputes and improve compliance.

Staff have identified the need to clarify and refine the definitions of user group classifications within the Athletic Facility Allocation Policy. Questions have arisen regarding how groups are categorized, non-profit status, and organizational structure. To address this, the revised policy includes updated definitions and more explicit criteria for each user group category, along with clearer documentation requirements. These changes are intended to ensure consistent application of the policy, improve transparency, and reduce the potential for disputes during the allocation process.

FINANCIAL IMPACT:

There are no additional financial costs to the City associated with the proposed policy revisions. User fees associated with athletic facility use are reviewed biannually as part of the City’s broader Master Fee schedule evaluation process.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action seeks approval of a revised Athletic Facility Allocation Policy. Therefore, no environmental analysis is required.

PREPARED BY: KAREN LEE, RECREATION SUPERVISOR & MONIQUE LEON,

RECREATION MANAGER

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REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Exhibit 1- Athletic Facility Allocation Policy (Redline)

2. Exhibit 2 – Exhibit 1- Athletic Facility Allocation Policy (Clean)

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Administrative Policy

ARTICLE I - PURPOSE
Section 1.1 General Purpose
The purpose of this policy is to:
 Ensure that athletic facilities are prioritized for recreational functions that meet the needs of the community.
 Establish a fair and consistent process for allocating sports fields, sports courts, and other athletic facilities owned and operated by the City of Corona to community-based youth sports organizations.
 Set clear policies, rules, and regulations for field use by community-based youth sports organizations.

Due to the limited number of available athletic facilities, the Community Services Department has established criteria for field and sports court usage and will monitor proper use of facilities. The City may charge fees in accordance with the Master Fee Recovery Schedule to recover public costs to operate, maintain, repair, improve, supervise, and administer the use of athletic facilities.

ARTICLE II – DEFINITIONS
Section 2.1 Definitions
Title: Athletic Facility Allocation Policy
Administered By: Community Services Department
Policy No. Issue
Date
Revision
Date
Department Head
Approved
City Manager
Approved
06400.004 03/11/2011 10/16/2024
11/19/2025

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Corona City CouncilNovember 19, 2025

Corona City Council
November 19, 2025