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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 services provided by the Consultant under this Agreement.
If the City determines that a payment bond is required for the services 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 Five Hundred Thousand Dollars ($500,000) 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. 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.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
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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 services are 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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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 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 reDocusign Envelope ID: 34C9FBBE-4E60-4B14-92C8-CFEA537BF6C9 Docusign Envelope ID: DA48C833-68F5-4DCB-8C2D-81C7052FCF75
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use 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:
AppleOne, Inc.
16371 Beach Blvd., Suite 240
Huntington Beach, CA 92647
Attn: Rick H. Hagmann, Vice President,
Operations & Client Services
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Utilities 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 Docusign Envelope ID: 34C9FBBE-4E60-4B14-92C8-CFEA537BF6C9 Docusign Envelope ID: DA48C833-68F5-4DCB-8C2D-81C7052FCF75
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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.
3.6.6.1 Subconsultants; Assignment or Transfer. Consultant 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. 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 Docusign Envelope ID: 34C9FBBE-4E60-4B14-92C8-CFEA537BF6C9 Docusign Envelope ID: DA48C833-68F5-4DCB-8C2D-81C7052FCF75
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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.
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.
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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 APPLEONE, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
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_________________________
Aftab Hussain
Assistant Utilities Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk,
City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH APPLEONE, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
APPLEONE, INC.
a California corporation
By: _________________________
Brett W. Howroyd
President
By: _________________________
Vince Alfi
Chief Financial Officer
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EXHIBIT “A”
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 as-needed temporary staffing services necessary for the Project. The Services are more particularly described herein.
An Agreement or contract with the City does not guarantee Consultant will be selected to provide staffing services. There is no guaranteed volume of staff hours for the Agreement. The City's Human Resources Department will coordinate all temporary staffing services for all City Departments. Following the selection of a temporary employee, the requesting department will work directly with Consultant for the duration of the individual' s assignment. Following placement, any modifications to an individual’s assignment, including replacements for terminated assignments, must be authorized by the Human Resources Department.
The City has an established merit-based recruitment system that provides every individual with fair consideration for any job for which they are skilled and qualified, regardless of their referral source. Eligible candidates will be placed on a valid " eligibility list" following recruitment open to the public. This is not a request for temp-to-hire or paid placement services. As such, the City reserves the right to hire any individual currently or previously placed with the City in a temporary employee capacity without an additional fee and/ or a requirement for the individual to work a minimum number of hours prior to being hired by the City. The City also reserves the right to reject any proposed assignment of any individual who is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
The City is committed to complying with all Department of Labor (and all other applicable) laws and regulations.
Skill Categories
The City requirements for temporary staffing services may include but are not limited to the skill categories listed below. In addition, the titles of equivalent City of Corona’s positions are listed for each subcategory for reference of the required skills only. Please refer to the City of Corona’s webpage (www.coronaca.gov) to review the position' s job description. Any temporary staff selected by the City will not be assigned to any of the City's regular positions. Rather, temporary staff will be assigned to temporary positions and will be ineligible for membership in CaIPERS.
Clerical / Administrative / Office Staff
• Accounting Technical (Accounting Technician, Accounts Payable Technician, Payroll Technician, Purchasing Assistant)
• General Clerical (Office Assistant, Office Specialist) • Skilled Clerical / Administrative (Administrative Assistant, Senior Administrative Assistant)
• Customer Service Technical (Customer Services Representative, Library Page, Museum Assistant)
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• Library Professional (Librarian, Senior Librarian)
Information Technology
• Information Technology Professional (Database Analyst, Systems Analyst, Programmer) • Information Technology Support (IT Specialist, IT Technician) The City will specify the required qualifications for each requested assignment when contacting Consultant. Consultant shall only forward applications from applicants who meet the minimum qualifications of the assignment.
Hourly Rates
A. The hourly rate will be provided by the City based on the current Salary Grade Table for the assigned job classification (posted on the City's website at www.coronaca.gov). The hourly rate for temporary personnel is generally Step 1 of the current Salary Grade Table for the assigned job classification and will remain fixed at that rate for the duration of the assignment.
B. Consultant shall provide the bill rate (mark-up rate) for each specific skill category.
Duration of Assignments
A. Assignments are temporary. Consultant will track hours worked and provide biweekly reports of hours worked to the City by temporary employee. This will include cumulative hours worked within the fiscal year regardless of if the individual has held multiple assignments at the City. Consultant is responsible to ensure:
(1) the City receives notification upon reaching 900 hours, and (2) all temporary assignments do not exceed the 999 hours limit within a fiscal year unless written exception is provided by the City. The Consultant may be held responsible for any financial consequences experienced by the City that result from a violation of this provision.
B. Temporary employees assigned to job classifications represented by the Corona Public Service Employees Association (CPSEA) labor relations will be limited to a 6 - month assignment, not to exceed 999 hours in the fiscal year (July 1 — June 30) unless written exception is provided by the City.
C. Consultant shall communicate the anticipated duration of the assignment with the temporary employee prior to placement.
Requests for Temporary Employees
A. As the need for temporary staffing arises, the City's Human Resources Department will contact Consultant. The Human Resources Department will coordinate the selection of the temporary employee and provide Consultant with the name and contact information of the department representative. The City requests that the Consultant submit an Docusign Envelope ID: 34C9FBBE-4E60-4B14-92C8-CFEA537BF6C9 Docusign Envelope ID: DA48C833-68F5-4DCB-8C2D-81C7052FCF75
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assignment agreement that will abide by the percentage markup submitted by the Consultant in its cost proposal. Consultant may not contact or interact with a City Department directly without the prior approval of an authorized representative from the Human Resources Department.
Selection of Temporary Employees
A. Consultant shall provide placement and payroll services for temporary employees for City departments in a timely manner.
B. Consultant shall be responsible for the recruitment, screening, testing, interviewing, selection, reference checks, criminal background checks, and drug screening (if requested) for temporary employees.
C. Consultant shall assist the City in determining the CaIPERS status of a candidate for assignment to the City. Prior to making the recommendation for placement with the City, Consultant shall require all candidates interested in placement with the City to complete the form titled " CaIPERS Status Verification Form." The completed form must be provided to an authorized representative from the Human Resources Department for verification of CaIPERS membership. The City reserves the right to reject any proposed assignment of any individual that is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
D. The City reserves the right to interview recommended candidates by telephone or in person in order to select an individual candidate best suited for the assignment.
Consultant shall be required to coordinate candidate interviews at times and locations that are convenient to the City.
Testing
A. Consultant shall ensure that each temporary employee assigned to the City meets the requirements for each position as requested.
B. If necessary, Consultant shall test applicable temporary employees on their proficiency with applicable software programs based on assignment requirements.
C. Consultant shall test for other applicable skills such as data entry and typing speed, filing, grammar, phone etiquette and customer service skills as appropriate.
Criminal Background Check
A. Consultant shall run a criminal background check for each temporary employee assigned to the City. The criminal background check may be administered through fingerprinting or records check at the Consultant' s discretion. Consultant shall confirm, in writing, once the criminal background check has been completed on the employee.
B. Consultant shall be responsible for screening temporary employees in accordance with City' s policies and shall not assign any temporary employee who is ineligible under such policies. Consultant shall provide an Attestation certifying as to a temporary employee' s Docusign Envelope ID: 34C9FBBE-4E60-4B14-92C8-CFEA537BF6C9 Docusign Envelope ID: DA48C833-68F5-4DCB-8C2D-81C7052FCF75
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eligibility, but in no event shall Consultant be required to provide City with the results of any background checks conducted pursuant to applicable legal requirements set forth in the Fair Credit and Reporting Act.
Drug Screening
A. Consultant shall require a pre- placement drug screen for all temporary employees who will be in safety sensitive positions, such as operating heavy equipment. The City shall inform the Consultant if the temporary position is safety sensitive.
Timecards, Billing, and Invoicing
A. Each temporary employee is required to maintain a daily record of hours worked on their timecard. These timecards are to be approved by a City department designee and become the source of the invoicing.
B. Consultant shall submit invoices on at least a monthly basis. Separate invoices are to be prepared for each City department utilizing temporary personnel services. All invoices shall be addressed to the City department requesting services.
C. Invoices shall indicate the full name of the temporary personnel, the title of the assigned classification, the hourly rate of pay for each assignment (as indicated in the assignment agreement), and the total billed amount for each assignment, which includes markup times the hours worked. Consultant shall be responsible for all payroll withholding requirements and shall provide any and all benefits required by law to each temporary personnel. Temporary personnel shall remain the employee of the Consultant and shall not receive City benefits.
D. Invoicing payments shall be made within 30 days of receipt.
Temporary Employee Expectations
A. Each temporary employee will be expected to report to their City contact overseeing their assignment at the requested date and time. Temporary employees must notify the Consultant representative and City contact if they will be late or absent from work due to illness or for any other reason. Such notifications should be made as soon as practicable, preferably 30 minutes before the agreed-upon daily starting time. Excessive tardiness or absence will cause the termination of the temporary assignment. All work must be performed to the City' s satisfaction.
B. Questions regarding appropriate dress attire should be directed to the Consultant representative. Consultant may consult with the City department and/ or the Human Resources Department as needed.
C. Temporary employees are expected to follow the City of Corona’s employment policies, procedures, and rules of conduct.
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Consultant Reporting
A. Consultant shall provide an assignment agreement prior to placement that confirms the name of the applicant, position, pay rate, markup rate and start date.
B. Consultant shall provide monthly expenditure reports showing monthly and cumulative totals for the current fiscal year (July 1 to June 30) for all temporary staff assigned to the City-by-City department.
C. Consultant shall provide monthly personnel count reports listing total assigned temporary employees with their start dates, City department, current assignment title, pay rate, and bill rate.
D. Consultant shall provide bi-weekly reports of cumulative hours worked by employee within the fiscal year (July 1- June 30).
E. Consultant shall be responsible for providing online processes, procedures, and tools for temporary employees to submit hours worked and for the City to verify attendance and approve time sheets.
F. Consultant shall administer and maintain all employment and payroll records for temporary personnel, process payroll, and distribute wages to employees on a regular basis.
G. For temporary personnel assigned to a CPSEA labor relation position, the City is required to submit all invoices to the labor relation union for review.
H. Consultant shall provide copies of the invoices to the Human Resources/ Risk Management Agency to confirm hours correspond with hours work and that the 999- hour limit is not exceeded.
Removal from Approved List
A. Repeated failure to provide qualified temporary employees, in a timely manner, or other unsatisfactory performance will cause Consultant to be removed from the list of approved temporary staffing agencies.
B. Failure to provide requested reports, bill in compliance with contract terms, comply with hourly restrictions and assigned agreement will cause Consultant to be removed from the list of approved temporary staffing agencies.
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PTEAM 12.29.2023 23 (CITY ATTY: 05-19)
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.
Hours of Work
• Standard hours of operation at the City of Corona City Hall are:
Monday-Thursday: 7:00 a.m. - 6:00 p.m.
• Hours may vary according to need and assignment.
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PTEAM 12.29.2023 24 (CITY ATTY: 05-19)
EXHIBIT “C”
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
The table below displays the mark- up rates charged by temporary staffing agencies for different skill categories. These rates will remain fixed for the duration of the Agreements.
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PTEAM 12.29.2023 (CITY ATTY: 05-19)
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH RESOURCE LOGISTICS, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
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 Resource Logistics, Inc., a New Jersey corporation with its principal place of business at 39 Milltown Road, East Brunswick, NJ 08816 (“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 as-needed temporary staffing 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 Citywide As-Needed Temporary Staffing Services 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 as-needed temporary staffing services 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.
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3.1.2 Term. The term of this Agreement shall be from
____________________________to June 30, 2027 (“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.
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The key personnel for performance of this Agreement are as follows Deepak Arora, COO/Director.
.
3.2.5 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 (“ Representative”). 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 Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Deepak Arora, COO/Director, 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 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: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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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: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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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 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 asfor 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.
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3.2.10 Insurance.
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 or claim, $2,000,000 aggregate.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
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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 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: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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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 services provided by the Consultant under this Agreement.
If the City determines that a payment bond is required for the services 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 Seven Hundred Fifty Thousand Dollars ($750,000) per fiscal year (“Total Compensation”), without written approval of 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 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 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 services are 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 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: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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other than this Project without employing the services of Consultant shall be at 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 re-use 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 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:
Resources Logistics, Inc.
39 Milltown Road
East Brunswick, NJ 08816
Attn: Deepak Arora, COO/Director
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
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Attn: Tom Moody, Utilities 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.
3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of 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 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.
3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly Docusign Envelope ID: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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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 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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SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH RESOURCE LOGISTICS, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
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: _________________________
Aftab Hussain
Assistant Utilities Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH RESOURCE LOGISTICS, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
RESOURCE LOGISTICS, INC.
a New Jersey corporation
By: _________________________
Deepak Arora
COO/Director
By: _________________________
Priya Iyer
Chief Financial Officer
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EXHIBIT “A”
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 as-needed temporary staffing services necessary for the Project. The Services are more particularly described herein.
An Agreement or contract with the City does not guarantee Consultant will be selected to provide staffing services. There is no guaranteed volume of staff hours for the Agreement. The City' s Human Resources Department will coordinate all temporary staffing services for all City Departments. Following the selection of a temporary employee, the requesting department will work directly with Consultant for the duration of the individual' s assignment. Following placement, any modifications to an individual’s assignment, including replacements for terminated assignments, must be authorized by the Human Resources Department.
The City has an established merit-based recruitment system that provides every individual with fair consideration for any job for which they are skilled and qualified, regardless of their referral source. Eligible candidates will be placed on a valid " eligibility list" following recruitment open to the public. This is not a request for temp-to-hire or paid placement services. As such, the City reserves the right to hire any individual currently or previously placed with the City in a temporary employee capacity without an additional fee and/ or a requirement for the individual to work a minimum number of hours prior to being hired by the City. The City also reserves the right to reject any proposed assignment of any individual who is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
The City is committed to complying with all Department of Labor (and all other applicable) laws and regulations.
Skill Categories
The City requirements for temporary staffing services may include but are not limited to the skill categories listed below. In addition, the titles of equivalent City of Corona’s positions are listed for each subcategory for reference of the required skills only. Please refer to the City of Corona’s webpage (www.coronaca.gov) to review the position' s job description. Any temporary staff selected by the City will not be assigned to any of the City' s regular positions. Rather, temporary staff will be assigned to temporary positions and will be ineligible for membership in CaIPERS.
Clerical / Administrative / Office Staff
• Accounting Technical (Accounting Technician, Accounts Payable Technician, Payroll Technician, Purchasing Assistant)
• General Clerical (Office Assistant, Office Specialist) • Skilled Clerical / Administrative (Administrative Assistant, Senior Administrative Assistant)
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Assistant)
• Library Professional (Librarian, Senior Librarian)
Information Technology
• Information Technology Professional (Database Analyst, Systems Analyst, Programmer) • Information Technology Support (IT Specialist, IT Technician) The City will specify the required qualifications for each requested assignment when contacting Consultant. Consultant shall only forward applications from applicants who meet the minimum qualifications of the assignment.
Hourly Rates
A. The hourly rate will be provided by the City based on the current Salary Grade Table for the assigned job classification (posted on the City's website at www.coronaca.gov). The hourly rate for temporary personnel is generally Step 1 of the current Salary Grade Table for the assigned job classification and will remain fixed at that rate for the duration of the assignment.
B. Consultant shall provide the bill rate (mark-up rate) for each specific skill category.
Duration of Assignments
A. Assignments are temporary. Consultant will track hours worked and provide biweekly reports of hours worked to the City by temporary employee. This will include cumulative hours worked within the fiscal year regardless of if the individual has held multiple assignments at the City. Consultant is responsible to ensure:
(1) the City receives notification upon reaching 900 hours, and (2) all temporary assignments do not exceed the 999 hours limit within a fiscal year unless written exception is provided by the City. The Consultant may be held responsible for any financial consequences experienced by the City that result from a violation of this provision.
B. Temporary employees assigned to job classifications represented by the Corona Public Service Employees Association (CPSEA) labor relations will be limited to a 6 - month assignment, not to exceed 999 hours in the fiscal year (July 1 — June 30) unless written exception is provided by the City.
C. Consultant shall communicate the anticipated duration of the assignment with the temporary employee prior to placement.
Requests for Temporary Employees
A. As the need for temporary staffing arises, the City' s Human Resources Department will contact Consultant. The Human Resources Department will coordinate the selection of Docusign Envelope ID: E3F07694-6F6A-49E4-893E-32ABD8E107F4 Docusign Envelope ID: 40112F2D-67D0-4058-AC6B-8784B4A30B25
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the temporary employee and provide Consultant with the name and contact information of the department representative. The City requests that the Consultant submit an assignment agreement that will abide by the percentage markup submitted by the Consultant in its cost proposal. Consultant may not contact or interact with a City Department directly without the prior approval of an authorized representative from the Human Resources Department.
Selection of Temporary Employees
A. Consultant shall provide placement and payroll services for temporary employees for City departments in a timely manner.
B. Consultant shall be responsible for the recruitment, screening, testing, interviewing, selection, reference checks, criminal background checks, and drug screening (if requested) for temporary employees.
C. Consultant shall assist the City in determining the CaIPERS status of a candidate for assignment to the City. Prior to making the recommendation for placement with the City, Consultant shall require all candidates interested in placement with the City to complete the form titled " CaIPERS Status Verification Form." The completed form must be provided to an authorized representative from the Human Resources Department for verification of CaIPERS membership. The City reserves the right to reject any proposed assignment of any individual that is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
D. The City reserves the right to interview recommended candidates by telephone or in person in order to select an individual candidate best suited for the assignment.
Consultant shall be required to coordinate candidate interviews at times and locations that are convenient to the City.
Testing
A. Consultant shall ensure that each temporary employee assigned to the City meets the requirements for each position as requested.
B. If necessary, Consultant shall test applicable temporary employees on their proficiency with applicable software programs based on assignment requirements.
C. Consultant shall test for other applicable skills such as data entry and typing speed, filing, grammar, phone etiquette and customer service skills as appropriate.
Criminal Background Check
A. Consultant shall run a criminal background check for each temporary employee assigned to the City. The criminal background check may be administered through fingerprinting or records check at the Consultant' s discretion. Consultant shall confirm, in writing, once the criminal background check has been completed on the employee.
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City' s policies and shall not assign any temporary employee who is ineligible under such policies. Consultant shall provide an Attestation certifying as to a temporary employee' s eligibility, but in no event shall Consultant be required to provide City with the results of any background checks conducted pursuant to applicable legal requirements set forth in the Fair Credit and Reporting Act.
Drug Screening
A. Consultant shall require a pre-placement drug screen for all temporary employees who will be in safety sensitive positions, such as operating heavy equipment. The City shall inform the Consultant if the temporary position is safety sensitive.
Timecards, Billing, and Invoicing
A. Each temporary employee is required to maintain a daily record of hours worked on their timecard. These timecards are to be approved by a City department designee and become the source of the invoicing.
B. Consultant shall submit invoices on at least a monthly basis. Separate invoices are to be prepared for each City department utilizing temporary personnel services. All invoices shall be addressed to the City department requesting services.
C. Invoices shall indicate the full name of the temporary personnel, the title of the assigned classification, the hourly rate of pay for each assignment (as indicated in the assignment agreement), and the total billed amount for each assignment, which includes markup times the hours worked. Consultant shall be responsible for all payroll withholding requirements and shall provide any and all benefits required by law to each temporary personnel. Temporary personnel shall remain the employee of the Consultant and shall not receive City benefits.
D. Invoicing payments shall be made within 30 days of receipt.
Temporary Employee Expectations
A. Each temporary employee will be expected to report to their City contact overseeing their assignment at the requested date and time. Temporary employees must notify the Consultant representative and City contact if they will be late or absent from work due to illness or for any other reason. Such notifications should be made as soon as practicable, preferably 30 minutes before the agreed-upon daily starting time. Excessive tardiness or absence will cause the termination of the temporary assignment. All work must be performed to the City' s satisfaction.
B. Questions regarding appropriate dress attire should be directed to the Consultant representative. Consultant may consult with the City department and/ or the Human Resources Department as needed.
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C. Temporary employees are expected to follow the City of Corona’s employment policies, procedures, and rules of conduct.
Consultant Reporting
A. Consultant shall provide an assignment agreement prior to placement that confirms the name of the applicant, position, pay rate, markup rate and start date.
B. Consultant shall provide monthly expenditure reports showing monthly and cumulative totals for the current fiscal year (July 1 to June 30) for all temporary staff assigned to the City-by-City department.
C. Consultant shall provide monthly personnel count reports listing total assigned temporary employees with their start dates, City department, current assignment title, pay rate, and bill rate.
D. Consultant shall provide bi-weekly reports of cumulative hours worked by employee within the fiscal year (July 1- June 30).
E. Consultant shall be responsible for providing online processes, procedures, and tools for temporary employees to submit hours worked and for the City to verify attendance and approve time sheets.
F. Consultant shall administer and maintain all employment and payroll records for temporary personnel, process payroll, and distribute wages to employees on a regular basis.
G. For temporary personnel assigned to a CPSEA labor relation position, the City is required to submit all invoices to the labor relation union for review.
H. Consultant shall provide copies of the invoices to the Human Resources/ Risk Management Agency to confirm hours correspond with hours work and that the 999- hour limit is not exceeded.
Removal from Approved List
A. Repeated failure to provide qualified temporary employees, in a timely manner, or other unsatisfactory performance will cause Consultant to be removed from the list of approved temporary staffing agencies.
B. Failure to provide requested reports, bill in compliance with contract terms, comply with hourly restrictions and assigned agreement will cause Consultant to be removed from the list of approved temporary staffing agencies.
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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 Representative.
Hours of Work
• Standard hours of operation at the City of Corona City Hall are:
Monday-Thursday: 7:00 a.m. - 6:00 p.m.
• Hours may vary according to need and assignment.
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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.
The table below displays the mark- up rates charged by temporary staffing agencies for different skill categories. These rates will remain fixed for the duration of the Agreements.
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CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH SOFTHQ, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
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 SoftHQ Inc., a California corporation with its principal place of business at 11696 Sorrento Valley Rd, Suite 203, San Diego, CA 92121 (“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 as-needed temporary staffing 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 Citywide As-Needed Temporary Staffing Services 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 as-needed temporary staffing services 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.
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3.1.2 Term. The term of this Agreement shall be from
____________________________to June 30, 2027 (“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.
The key personnel for performance of this Agreement are as follows: Kranti Ponnam, President.
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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 Kranti Ponnam, President., 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 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, Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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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 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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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 asfor 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.
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3.2.10 Insurance.
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 or claim, $2,000,000 aggregate.
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 Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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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 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 Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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certain services provided in connection with a public works project. Since such a requirement is 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 services provided by the Consultant under this Agreement.
If the City determines that a payment bond is required for the services 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 Five Hundred Thousand Dollars ($500,000) 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. 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 Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
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 services are 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: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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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:
SoftHQ Inc.,
11696 Sorrento Valley Rd,
Suite 203
San Diego, CA 92121
Attn: Kranti Ponnam, President
City:
City of Corona
400 South Vicentia Avenue
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Corona, CA 92882
Attn: Tom Moody, Utilities 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.
3.6.2 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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3.6.6.1 Subconsultants; Assignment or Transfer. Consultant 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. 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 Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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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.
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 SOFTHQ, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
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: _________________________
Aftab Hussain
Assistant Utilities Director
Reviewed By: _________________________
Nicole McDaniel
Assistant to the City Manager/
Acting Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH SOFTHQ, INC.
(TEMPORARY STAFFING SERVICES – CITYWIDE AS-NEEDED TEMPORARY
STAFFING SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
SOFTHQ, INC.
a California corporation
By: _________________________
Kranti Ponnam
President/CFO
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EXHIBIT “A”
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 as-needed temporary staffing services necessary for the Project. The Services are more particularly described herein.
An Agreement or contract with the City does not guarantee Consultant will be selected to provide staffing services. There is no guaranteed volume of staff hours for the Agreement. The City' s Human Resources Department will coordinate all temporary staffing services for all City Departments. Following the selection of a temporary employee, the requesting department will work directly with Consultant for the duration of the individual' s assignment. Following placement, any modifications to an individual’s assignment, including replacements for terminated assignments, must be authorized by the Human Resources Department.
The City has an established merit-based recruitment system that provides every individual with fair consideration for any job for which they are skilled and qualified, regardless of their referral source. Eligible candidates will be placed on a valid "eligibility list" following recruitment open to the public. This is not a request for temp-to-hire or paid placement services. As such, the City reserves the right to hire any individual currently or previously placed with the City in a temporary employee capacity without an additional fee and/or a requirement for the individual to work a minimum number of hours prior to being hired by the City. The City also reserves the right to reject any proposed assignment of any individual who is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
The City is committed to complying with all Department of Labor (and all other applicable) laws and regulations.
Skill Categories
The City requirements for temporary staffing services may include but are not limited to the skill categories listed below. In addition, the titles of equivalent City of Corona’s positions are listed for each subcategory for reference of the required skills only. Please refer to the City of Corona’s webpage (www.coronaca.gov) to review the position' s job description. Any temporary staff selected by the City will not be assigned to any of the City's regular positions. Rather, temporary staff will be assigned to temporary positions and will be ineligible for membership in CaIPERS.
Clerical / Administrative / Office Staff
• Accounting Technical (Accounting Technician, Accounts Payable Technician, Payroll Technician, Purchasing Assistant)
• General Clerical (Office Assistant, Office Specialist) • Skilled Clerical / Administrative (Administrative Assistant, Senior Administrative Assistant)
• Customer Service Technical (Customer Services Representative, Library Page, Museum Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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Assistant)
• Library Professional (Librarian, Senior Librarian)
Information Technology
• Information Technology Professional (Database Analyst, Systems Analyst, Programmer) • Information Technology Support (IT Specialist, IT Technician) The City will specify the required qualifications for each requested assignment when contacting Consultant. Consultant shall only forward applications from applicants who meet the minimum qualifications of the assignment.
Hourly Rates
A. The hourly rate will be provided by the City based on the current Salary Grade Table for the assigned job classification (posted on the City' s website at www.coronaca.gov). The hourly rate for temporary personnel is generally Step 1 of the current Salary Grade Table for the assigned job classification and will remain fixed at that rate for the duration of the assignment.
B. Consultant shall provide the bill rate (mark-up rate) for each specific skill category.
Duration of Assignments
A. Assignments are temporary. Consultant will track hours worked and provide biweekly reports of hours worked to the City by temporary employee. This will include cumulative hours worked within the fiscal year regardless of if the individual has held multiple assignments at the City. Consultant is responsible to ensure:
(1) the City receives notification upon reaching 900 hours, and (2) all temporary assignments do not exceed the 999 hours limit within a fiscal year unless written exception is provided by the City. The Consultant may be held responsible for any financial consequences experienced by the City that result from a violation of this provision.
B. Temporary employees assigned to job classifications represented by the Corona Public Service Employees Association (CPSEA) labor relations will be limited to a 6 - month assignment, not to exceed 999 hours in the fiscal year (July 1 — June 30) unless written exception is provided by the City.
C. Consultant shall communicate the anticipated duration of the assignment with the temporary employee prior to placement.
Requests for Temporary Employees
A. As the need for temporary staffing arises, the City's Human Resources Department will contact Consultant. The Human Resources Department will coordinate the selection of Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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the temporary employee and provide Consultant with the name and contact information of the department representative. The City requests that the Consultant submit an assignment agreement that will abide by the percentage markup submitted by the Consultant in its cost proposal. Consultant may not contact or interact with a City Department directly without the prior approval of an authorized representative from the Human Resources Department.
Selection of Temporary Employees
A. Consultant shall provide placement and payroll services for temporary employees for City departments in a timely manner.
B. Consultant shall be responsible for the recruitment, screening, testing, interviewing, selection, reference checks, criminal background checks, and drug screening (if requested) for temporary employees.
C. Consultant shall assist the City in determining the CaIPERS status of a candidate for assignment to the City. Prior to making the recommendation for placement with the City, Consultant shall require all candidates interested in placement with the City to complete the form titled " CaIPERS Status Verification Form." The completed form must be provided to an authorized representative from the Human Resources Department for verification of CaIPERS membership. The City reserves the right to reject any proposed assignment of any individual that is a current or inactive member of the California Public Employees Retirement System (CaIPERS) or is a CaIPERS Retired Annuitant.
D. The City reserves the right to interview recommended candidates by telephone or in person in order to select an individual candidate best suited for the assignment.
Consultant shall be required to coordinate candidate interviews at times and locations that are convenient to the City.
Testing
A. Consultant shall ensure that each temporary employee assigned to the City meets the requirements for each position as requested.
B. If necessary, Consultant shall test applicable temporary employees on their proficiency with applicable software programs based on assignment requirements.
C. Consultant shall test for other applicable skills such as data entry and typing speed, filing, grammar, phone etiquette and customer service skills as appropriate.
Criminal Background Check
A. Consultant shall run a criminal background check for each temporary employee assigned to the City. The criminal background check may be administered through fingerprinting or records check at the Consultant's discretion. Consultant shall confirm, in writing, once the criminal background check has been completed on the employee.
B. Consultant shall be responsible for screening temporary employees in accordance with Docusign Envelope ID: 2673D802-3FFB-4B09-A58A-F8C9B7B0C9B2 Docusign Envelope ID: 15572B92-69CE-4DF0-AF51-1382117EC3F1
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City's policies and shall not assign any temporary employee who is ineligible under such policies. Consultant shall provide an Attestation certifying as to a temporary employee's eligibility, but in no event shall Consultant be required to provide City with the results of any background checks conducted pursuant to applicable legal requirements set forth in the Fair Credit and Reporting Act.
Drug Screening
A. Consultant shall require a pre-placement drug screen for all temporary employees who will be in safety sensitive positions, such as operating heavy equipment. The City shall inform the Consultant if the temporary position is safety sensitive.
Timecards, Billing, and Invoicing
A. Each temporary employee is required to maintain a daily record of hours worked on their timecard. These timecards are to be approved by a City department designee and become the source of the invoicing.
B. Consultant shall submit invoices on at least a monthly basis. Separate invoices are to be prepared for each City department utilizing temporary personnel services. All invoices shall be addressed to the City department requesting services.
C. Invoices shall indicate the full name of the temporary personnel, the title of the assigned classification, the hourly rate of pay for each assignment (as indicated in the assignment agreement), and the total billed amount for each assignment, which includes markup times the hours worked. Consultant shall be responsible for all payroll withholding requirements and shall provide any and all benefits required by law to each temporary personnel. Temporary personnel shall remain the employee of the Consultant and shall not receive City benefits.
D. Invoicing payments shall be made within 30 days of receipt.
Temporary Employee Expectations
A. Each temporary employee will be expected to report to their City contact overseeing their assignment at the requested date and time. Temporary employees must notify the Consultant representative and City contact if they will be late or absent from work due to illness or for any other reason. Such notifications should be made as soon as practicable, preferably 30 minutes before the agreed-upon daily starting time. Excessive tardiness or absence will cause the termination of the temporary assignment. All work must be performed to the City's satisfaction.
B. Questions regarding appropriate dress attire should be directed to the Consultant representative. Consultant may consult with the City department and/ or the Human Resources Department as needed.
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C. Temporary employees are expected to follow the City of Corona’s employment policies, procedures, and rules of conduct.
Consultant Reporting
A. Consultant shall provide an assignment agreement prior to placement that confirms the name of the applicant, position, pay rate, markup rate and start date.
B. Consultant shall provide monthly expenditure reports showing monthly and cumulative totals for the current fiscal year (July 1 to June 30) for all temporary staff assigned to the City-by-City department.
C. Consultant shall provide monthly personnel count reports listing total assigned temporary employees with their start dates, City department, current assignment title, pay rate, and bill rate.
D. Consultant shall provide bi-weekly reports of cumulative hours worked by employee within the fiscal year (July 1- June 30).
E. Consultant shall be responsible for providing online processes, procedures, and tools for temporary employees to submit hours worked and for the City to verify attendance and approve time sheets.
F. Consultant shall administer and maintain all employment and payroll records for temporary personnel, process payroll, and distribute wages to employees on a regular basis.
G. For temporary personnel assigned to a CPSEA labor relation position, the City is required to submit all invoices to the labor relation union for review.
H. Consultant shall provide copies of the invoices to the Human Resources/ Risk Management Agency to confirm hours correspond with hours work and that the 999- hour limit is not exceeded.
Removal from Approved List
A. Repeated failure to provide qualified temporary employees, in a timely manner, or other unsatisfactory performance will cause Consultant to be removed from the list of approved temporary staffing agencies.
B. Failure to provide requested reports, bill in compliance with contract terms, comply with hourly restrictions and assigned agreement will cause Consultant to be removed from the list of approved temporary staffing agencies.
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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.
Hours of Work
• Standard hours of operation at the City of Corona City Hall are:
Monday-Thursday: 7:00 a.m. - 6:00 p.m.
• Hours may vary according to need and assignment.
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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.
The table below displays the mark- up rates charged by temporary staffing agencies for different skill categories. These rates will remain fixed for the duration of the Agreements.
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DATE: 12/03/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-456
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
CONSTRUCTION CONTRACT WITH KALBAN, INC. FOR THE CITYWIDE
AMERICANS WITH DISABILITIES ACT AND SIDEWALK IMPROVEMENTS PROGRAM EXECUTIVE SUMMARY:
This staff report asks City Council to approve the construction contract with Kalban, Inc. for the Citywide Americans with Disabilities Act (ADA) and Sidewalk Improvements Program, Capital Improvement Project No. ST-2025-05, in the amount of $416,000. The proposed action will enable the City to address critical accessibility and pedestrian infrastructure needs by implementing targeted improvements to curb ramps and related facilities at various locations in residential neighborhoods. Approval of this contract will support the City’s ongoing efforts to enhance mobility, safety, and ADA compliance for all residents and visitors.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Plans and Specifications for the Citywide Americans with Disabilities Act and Sidewalk Improvements Program, Capital Improvement Project No. ST-2025- 05, Notice Inviting Bids 26-011AS.
b. Award Notice Inviting Bids 26-011AS to Kalban, Inc., the lowest responsive, responsible bidder, for the total bid amount of $416,000, and waive all minor irregularities in the bidding document as submitted by the said bidder. c. Approve the Construction Contract with Kalban, Inc., for the Citywide Americans with Disabilities Act and Sidewalk Improvements Program, Capital Improvement Project No. ST-2025-05 in the amount of $416,000.
d. Authorize the City Manager, or his designee, to execute the Construction Contract with Kalban, Inc., in the amount of $416,000, including any non-substantive extensions, change orders, purchase orders, and amendments up to 10%, which is equivalent to $41,600 as authorized by Corona Municipal Code 3.08.050 (H). e. Authorize the City Manager or his designee, to issue a purchase order to Kalban, Inc., in the amount of $416,000.
BACKGROUND & HISTORY:
The Citywide ADA and Sidewalk Improvements Program, Capital Improvement Project No. ST-2025-05 reflects the City of Corona’s ongoing commitment to providing accessible public infrastructure in compliance with federal and state accessibility mandates. The City is primarily responsible for compliance with Title II of the Americans with Disabilities Act (ADA) of 1990, which governs public services and facilities, and is further guided by evolving federal and state standards that specify technical requirements for accessible routes, curb ramps, sidewalks, and related features.
A key component of the City’s strategy has been the systematic assessment and inventory of existing sidewalks, curb ramps, and related facilities. In 2023, the City engaged Infrastructure Management Services to conduct a comprehensive citywide assessment, resulting in a detailed program for maintenance, repair, and compliance with ADA standards. This assessment has provided the foundation for prioritizing repairs and allocating resources to locations with the greatest need or highest public impact.
The Citywide ADA and Sidewalk Improvements Program is closely coordinated with other major infrastructure initiatives, such as the annual street pavement rehabilitation program and the citywide concrete repair program. This integrated approach ensures that accessibility upgrades are implemented efficiently and in conjunction with broader efforts to maintain and enhance the City’s transportation network.
In summary, the Citywide ADA and Sidewalk Improvements Program represents a sustained, multi-year effort to address both longstanding and emerging accessibility needs throughout Corona. The program’s evolution reflects a combination of legal mandates, strategic planning, community input, and a commitment to delivering ethical and equitable services. The current phase, as advanced through Project No. ST-2025-05 builds upon this foundation, leveraging updated assessments, best practices, and regulatory guidance to further the City’s accessibility and mobility goals.
ANALYSIS:
The Plans and Specifications for the project have been completed and reviewed by City staff and are now ready for adoption and award. As specified in the bid package, the City shall award the contract for the project to the lowest responsive, responsible bidder as determined from the lowest total for the Bid Schedule.
The project was advertised on September 25, 2025, soliciting bids, pursuant to Corona Municipal Code section 3.08.090, Public projects - formal bidding procedure, and purchasing policy through the City’s PlanetBids bidding portal. Three hundred forty-seven (347) prospective bidders were notified of the project through the PlanetBids bidding portal, and fifty (50) prospective bidders downloaded the bid document files. Ninety-two (92) contractors from five (5) surrounding counties were notified via email of the bidding opportunity using the U.S. Small Business Administration (SBA) search portal. Eleven (11) bids were received through the PlanetBids bidding service.
No. Contractor Location Bid Total
1 Kalban Santa Clarita $416,000.00
2 Siterep Construction Services
Inc.
San Dimas $429,381.00
3 SAVI Construction Inc. Chino $433,298.00
4 Pavement Rehab Company Yorba Linda $442,000.00
5 FS Contractors, Inc. Sylmar $517,000.00
6 Calmex Engineering, Inc. Bloomington $532,777.00
7 CJ Concrete Construction, Inc. Santa Fe Springs $538,500.00 8 CT&T Concrete Paving Inc. Diamond Bar $593,816.22
9 Hardy & Harper, Inc Lake Forest $595,000.00
10 Van Engineering Wildomar $823,200.00
11 Garcon Construction, Inc. Ontario $996,940.00
Staff have reviewed all bids and recommends awarding the contract to Kalban, Inc., as the lowest responsive, responsible bidder based on the bid schedule for a total contract amount of $416,000. All licenses and references for Kalban, Inc. have been reviewed and verified by City staff, and all other documentation is in order.
City staff will perform construction management and inspection, while a contract consultant will provide labor compliance services. Construction is tentatively scheduled to start in February 2026, with completion anticipated in April 2026.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Citywide ADA and Sidewalk Improvements, Capital Improvement Project No. ST-2025-05, within the Community Development Block Grant (CDBG) Fund 431.
The estimated project costs are outlined as follows:
Construction...…………………………………………………………………………………..
……...$416,000 Construction Contingency
(10%)…………………………………………………………………...$41,600 Construction
Support (Inspection, labor compliance, staff time) (15%)………………..$62,400 Total Project Cost
………………….………..…………………………………..………………..$520,000
ENVIRONMENTAL ANALYSIS:
These actions are categorically exempt pursuant to Section 15301(c) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project, which consists of minor repairs and maintenance to existing facilities, does not have a significant impact on the environment and is therefore exempt from CEQA. This action involves minor repairs, maintenance, and alteration of existing highways, streets, sidewalks, or similar features involving negligible or no expansion of use beyond that currently existing from the requirements of CEQA. A Notice of Exemption will be filed prior to the start of construction.
PREPARED BY: FREDY CASTILLO, SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Location Map
2. Exhibit 2 – Construction Contract
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Mangular Ave
Centennial Way
Patriot Way
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Newton Dr
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Wigeon Dr
Teal Dr
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Mangular Ave
Deer Hollow Dr
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Buena Vista Ave
Via Pacifica
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Vicentia Ave
Alsace Dr
Heritage Dr
Othello Ln
Montoya Dr
Oak
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Conejo
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Hibiscus St
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Newton Dr
Millbrook Rd
Waterfall Ln
Macbeth Ave
Horatio Ave
Bridgeport Rd
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alisteo St
Old Hickory Rd
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Lincoln Ave
Dakin Dr
W Ontario Ave
Buena Vista
Park
Benjamin
Franklin
Elementary
School
Vicentia
Elementary
School
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Buena Vista Ave
S Lincoln
Ave
Highgrove St
Taylor Ave
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ouglas Way
Silvercreek Rd
Via Mazatlan
Citrus Way
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oral St
Oak
Ave
Miraflores Dr
Gro
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witchback Ln
Vera Cruz
Shady Mill Rd
Amethyst St
Stillwater Rd
Foothill
Elementary
School
Corona
Heritage Park
and Museum
Taylor Ave
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Belle Ave
Magnolia Ave
E Old Mill Rd
Pueblo Rd
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E Montere
E Hac
E Mission Rd
Dana St
Greengate St
Montoya Dr
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Town & Country
Shopping
Center
Lee Pollard
High School
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Calvary Chapel
Christian
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City of Corona
Geographic Information Services
Created on: November 2025
ST-2025-05 Citywide ADA and Sidewalk
Improvements Program
Remove and Replace or Install New Curb Ramp
per City Standard 146 Case "B" & 147 (65)
0 0.1 0.2 0.4
Miles
Exhibit 1 - Location Map Page 489 of 1013
CONTRACT
THIS CONTRACT is made this _____ day of ________________, 2025, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and Kalban, Inc. hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
CITYWIDE ADA AND SIDEWALK IMPROVEMENTS PROGRAM, PROJECT NO. ST-2025-05, NIB NO. 26-011AS
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. A Move-in period of 7 calendar days shall start on the date of issuance of the Notice to Proceed. This period shall be used by the Contractor to confirm utility locations, turn in project submittals or other supporting documentation for approval and procure the necessary material and equipment to complete the Work. The Work shall commence on the last day of the Move-in period or the first Working Day the Contractor actually starts the Work, whichever occurs first. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Sixteen Thousand Dollars and Zero Cents ($416,000.00) Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $3,600.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Docusign Envelope ID: AB631105-8893-49AF-B022-283F7B1345D2 Docusign Envelope ID: 2CAE5230-E11F-420D-B476-0352AEB4715D
Non-Collusion Declaration form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor is aware of the prevailing wage 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. 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 Contract is subject to compliance monitoring and enforcement by the DIR. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The City will report all necessary contracts 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 Work 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 Contract from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may obtain a copy of the prevailing wages from the City. 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. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
Docusign Envelope ID: AB631105-8893-49AF-B022-283F7B1345D2 Docusign Envelope ID: 2CAE5230-E11F-420D-B476-0352AEB4715D
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF CORONA
By:
______________________________
Savat Khamphou, PE
Public Works Director
Reviewed By:
______________________________
Javier Luna, PE
CIP Manager/ Assistant City Engineer
Reviewed By:
_____________________________
Keegan Olds
CIP Supervisor
Reviewed By:
______________________________
Nicole McDaniel
Assistant to the City Manager/
Acting Purchasing Manager
Attest:
______________________________
Sylvia Edwards, City Clerk
City of Corona, California
KALBAN, INC.
By:
______________________________
Matthew Lawrence
Vice President
______________________________
License Number
By:
______________________________
Kirit Sorathia
CFO
Docusign Envelope ID: AB631105-8893-49AF-B022-283F7B1345D2 507550
Docusign Envelope ID: 2CAE5230-E11F-420D-B476-0352AEB4715D
DATE: 12/03/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-459
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
APPROVE THE FUNDING AGREEMENT WITH THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT TO FUND THE DESIGN AND
CONSTRUCTION OF THE CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS
PHASE II PROJECT
EXECUTIVE SUMMARY:
This staff report asks City Council to approve the Funding Agreement with the Riverside County Flood Control and Water Conservation District (District) to support the design and construction of the Corona Downtown Storm Drain Improvements. Approval of this agreement will allow the District to fund the project and enable the City to proceed with project delivery. The agreement will formalize the mutual responsibilities of both agencies regarding project implementation, compliance, and funding.
RECOMMENDED ACTION:
That the City Council:
a. Approve the Funding Agreement with the Riverside County Flood Control and Water Conservation District for the design and construction of the Corona Downtown Storm Drain Improvements Phase II Project.
b. Authorize the City Manager, or his designee, to execute the Funding Agreement with the Riverside County Flood Control and Water Conservation District to memorialize the mutual understandings by and between the District and City of Corona with respect to funding, design, construction, inspection, ownership, operation, and maintenance of the Corona Downtown Storm Drain Improvements Phase II Project.
c. Authorize the creation of a new capital improvement project titled Corona Downtown Storm Drain Improvements Phase II.
d. Authorize an appropriation and an offsetting revenue increase in the amount of $10,328,000 from the Public Works Grants/Agreement Fund (243) to the newly created project titled Corona Downtown Storm Drain Improvements Phase II.
BACKGROUND & HISTORY:
The City of Corona and the Riverside County Flood Control and Water Conservation District have a strong partnership focused on flood control and stormwater management.
Their collaboration aims to protect public safety, property, and infrastructure from flooding and drainage issues. The agreement establishes the terms under which the District will provide financial contributions to the City for the project, which is intended to address flooding and drainage deficiencies in the downtown area by upgrading and expanding storm drain infrastructure along key corridors.
ANALYSIS:
Through technical studies and planning efforts, these upgrades integrate local improvements with the regional flood control network. The project scope was refined through detailed assessments to meet both immediate and long-term needs, in alignment with the future Sixth Street Beautification and other Downtown Revitalization projects.
Approving the agreement will allow City staff to advance these improvements, which support the City’s goals of reducing flooding and replacing aging infrastructure. The project aligns with broader goals related to public safety, and community sustainability, as outlined in the City’s General Plan and capital improvement programming.
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation, and an offsetting estimated revenue increase in the amount $10,328,000 from the Public Works Grants/Agreement Fund (243) to the newly created Capital Improvement Project titled Corona Downtown Storm Drain Improvements Phase II Project. Riverside County Flood Control and Water Conservation District is reimbursing the City effectively for all costs, including the City’s administrative expenses.
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. The requested actions are to approve a funding agreement and appropriate those funds for the Project, and there is no possibility that these actions will have a significant effect on the environment. During the design phase and prior to construction, the appropriate CEQA exception will be documented. Since the project involves only minor street improvements, a “Notice of Exemption” from the requirements of the California Environmental Quality Act (CEQA) will be filed with the County of Riverside.
PREPARED BY: FREDY CASTILLO, SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Location Map
2. Exhibit 2 – Funding Agreement
.
City of Corona
Downtown Drainage Improvements - Phase II
DOWNTOWN DRAINAGE
IMPROVEMENTS PH. II
DOWNTOWN DRAINAGE
IMPROVEMENTS PH. I
EXISTING ABOVE GROUND DISTRICT
FACILITIES
EXISTING BELOW GROUND DISTRICT
FACILITIES
CITY FACILITIES
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FUNDING AGREEMENT
Corona Downtown Storm Drain Improvements
Project No. 2-0-10057
This Funding Agreement ("Agreement"), dated as of __________________, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, ("DISTRICT") and the CITY OF CORONA, a California municipal corporation, ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Corona Downtown Storm Drain Improvements ("CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS"). Upon construction completion, CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS will (i) collect run off along the major corridors and convey it to existing, upgraded and planned systems in and around the downtown area and (ii) alleviate flooding experienced along the 6th Street corridor within CITY's downtown area; and B. These IMPROVEMENT PLANS generally consist of the following:
1. CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS: (i)
the removal and upsizing of approximately 3,500 lineal feet of a deficient underground storm drain system along Merrill Street, (ii) the construction of approximately 7,000 lineal feet of new storm drain systems along 6th Street between Buena Vista Avenue and Temescal Wash and (iii) extending the existing storm drain systems by approximately 760 lineal feet on Sheridan Street and 780 lineal feet on Belle Avenue as shown in blue on Exhibit "A", attached hereto and made a part hereof; and
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2. Certain inlets, catch basins, connector pipes and storm drain facilities that are 36 inches or less in diameter associated with CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS within CITYheld easements or rights of way ("APPURTENANCES"); and C. Together, CORONA DOWNTOWN STORM DRAIN IMPROVEMENTS
and APPURTENANCES are hereinafter called "PROJECT"; and D. PROJECT is part of the CITY-wide stormwater master plan update to address several drainage issues and enhance flood protection. This will enable the CITY to provide improvements to existing drainage facilities, as well as new facilities, to meet long-term storm flow projections within its jurisdiction; and
E. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2025/2026; and
F. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT and (b) cannot be relocated by others under CITY's franchise authority; and
G. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
H. CITY desires that DISTRICT contribute funding toward the designing and construction of PROJECT; and
I. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITAL L; and J. DISTRICT's financial contributions shall be as follows:
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1. One hundred percent (100%) of the design proposal cost to offset CITY's costs associated with the engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT and other typical ancillary costs related to the preparation of IMPROVEMENT PLANS ("DESIGN
CONTRIBUTION"). However, DESIGN CONTRIBUTION shall not
include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") or California Environmental Quality Act ("CEQA"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal costs to offset CITY's administrative costs associated with the design contract administration ("DESIGN ADMIN"); and
3. One hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional ten percent (10%) of BID PRICE to offset CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
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K. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
L. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000); and M. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
N. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the design, construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000) for PROJECT.
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3. Prepare or cause to be prepared IMPROVEMENT PLANS in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS by CITY, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000) for PROJECT.
5. Secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but not be limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification issued by the California Regional Conservation Authority ("REGULATORY PERMITS").
6. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.
7. Be responsible for any and all additional regulatory, mitigation and/or litigation costs, and/or mitigation measures to PROJECT resulting from this Agreement and/or REGULATORY PERMITS.
8. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
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9. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.
10. Prior to award of public works construction contract(s) for PROJECT provide DISTRICT with the opportunity to review all construction bids for PROJECT.
11. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
12. Order the relocation of all utilities within CITY rights of way which may conflict with the construction of PROJECT.
13. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000) for PROJECT.
BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
14. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its agencies, districts, special districts and
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departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
15. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
16. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
17. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations, including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
18. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.
19. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
20. Keep an accurate accounting of all PROJECT costs along with CITY's CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS and will be included when invoicing DISTRICT.
21. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CONTRACT ADMINISTRATION CONTRIBUTION and, if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and
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provided TOTAL DISTRICT CONTRIBUTION shall not exceed Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000), for DISTRICT review.
22. Be responsible to pay amounts in excess of TOTAL DISTRICT CONTRIBUTION.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein of this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Authority the mitigation fee for PROJECT per the 2004 Implementing Agreement for MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable PROJECT specific mitigation.
3. Not be responsible to pay any amounts that exceed TOTAL DISTRICT CONTRIBUTION for PROJECT to CITY.
SECTION III
It is further mutually agreed:
1. All Recitals set forth above are hereby incorporated herein by reference as if set forth fully in the body of this Agreement.
2. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Ten Million Three Hundred Twenty-Eight Thousand Dollars ($10,328,000) and shall be used by CITY solely for the purpose
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of designing and constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
3. In the event the actual construction cost for PROJECT is less than BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
4. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
5. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees or (d) any other element of any kind or nature whatsoever. This Section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
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7. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
8. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
9. Any and all notices sent or required to be sent to Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF CORONA
AND WATER CONSERVATION DISTRICT Attn: Director of Public Works Attn: Planning Division 400 S. Vicentia Avenue
1995 Market Street Corona, CA. 92882
Riverside, CA 92501
10. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
11. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of
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this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
12. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forthcoming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY. If CITY has executed any third-party contracts for PROJECT prior to DISTRICT terminating this Agreement pursuant to this provision, DISTRICT shall compensate CITY for any work performed prior to DISTRICT terminating this Agreement.
13. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
14. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
15. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.
16. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The
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Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
RYAN YABKO
Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Corona
Corona Downtown Storm Drain Improvements
Project No. 2-0-10057
11/19/25
AMR/MER:rlp
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RECOMMENDED FOR APPROVAL: CITY OF CORONA
By _________________________________
SAVAT KHAMPHOU
Public Works Director
By
JACOB ELLIS
City Manager
APPROVED AS TO FORM: ATTEST:
By
DEAN DERLETH
City Attorney
By
SYLVIA EDWARDS
City Clerk
(SEAL)
Funding Agreement with City of Corona
Corona Downtown Storm Drain Improvements
Project No. 2-0-10057
11/19/25
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RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Corona Downtown Storm Drain Improvements .
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Other Budgeted CIP Facilities
Existing Above Ground District Facilities
Existing Below Ground District Facilities
City Facilities
Natural Flowlines
FEMA Floodplain
Supervisorial District
2 Corona Downtown Storm Drain
SHERIDAN ST
Exhibit "A" Page 511 of 1013
DATE: 12/03/2025
TO: Honorable Mayor and City Council Members
FROM: Fire Department
2025-470
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
FIRE DEPARTMENT MUTUAL AID AGREEMENT WITH THE CITY OF ANAHEIM EXECUTIVE SUMMARY:
Both the Corona and Anaheim Fire Departments recognize that a mutual aid agreement for fire protection and emergency services provides significant benefit to each agency. In certain situations, resources must respond beyond their own jurisdictional boundaries and into the neighboring agency’s service area. Establishing this agreement will strengthen and clarify the terms and conditions for providing such support, ultimately enhancing service levels and operational effectiveness in both jurisdictions.
RECOMMENDED ACTION:
That the City Council:
a. Approve the Mutual Aid Agreement (Agreement) between the City of Corona and the City of Anaheim.
b. Authorize the City Manager, or his designee, to execute the Mutual Aid Agreement between City of Corona and the City of Anaheim.
BACKGROUND & HISTORY:
The Corona Anaheim Fire Departments have responded to emergency calls along the eastbound State Route 91 for decades under the State of California's Master Mutual Aid Agreement, which allows them to cross into each other's jurisdictions. This Agreement
will enable a more timely response from mutual aid resources between the two cities during emergencies by predefining the use of similar resources to expedite mutual aid approvals.
ANALYSIS:
This Agreement clearly defines the benefits of mutual aid responses between jurisdictions, outlines communication plans, establishes jurisdictional authority, enhances interagency coordination, and reduces expenses by eliminating duplicate responses to the same emergency incidents. It provides rapid and cost-effective access to each jurisdiction's resources during emergencies. The Agreement also specifies financial and administrative provisions, including cost recovery for incidents, dispatch services, insurance and indemnification requirements. By formalizing these collaborative procedures, the Agreement strengthens interagency coordination, eliminates duplicative responses, and ensures rapid, cost-effective access to fire and emergency resources across both jurisdictions.
FINANCIAL IMPACT:
There is no financial impact associated with the approval of the recommended actions as this is a no cost agreement.
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.
PREPARED BY: JUSTIN MCGOUGH, DEPUTY FIRE CHIEF
REVIEWED BY: BRIAN YOUNG, FIRE CHIEF
ATTACHMENTS:
1. Exhibit 1 – Mutual Aid Agreement between the City of Corona and the City of Anaheim
DEAND\08000.10304\10194280.10
COOPERATIVE AGREEMENT
BETWEEN THE CITIES OF ANAHEIM AND CORONA
(MUTUAL AID)
1. PARTIES AND DATE
This Agreement is made and entered into this 1st day of December, 2025 (“Effective Date”) by and between the City of Anaheim (hereinafter called "Anaheim"), and the City of Corona (hereinafter called "Corona"). Anaheim and Corona may hereinafter be referred to individually as "Party" or collectively as the "Parties."
2. RECITALS
2.1 Both Anaheim and Corona maintain as part of their public and municipal service, organized and equipped Fire Departments charged with the duty of fire protection, rescue, emergency medical care and other emergency services within their respective jurisdictions.
2.2 The Parties believe that entering into this Agreement will enhance the level of service provided to the area covered by this Agreement and the business conducted thereon by further defining the terms and conditions for the effective provision of such services.
2.3 The Parties believe it is to the mutual benefit of each Party that the services of Corona be, in some circumstances, extended into territory of Anaheim, covered by this Agreement, and that the services of Anaheim be, in some circumstances, extended into territory of Corona, covered by this Agreement. Corona shall therefore provide "first alarm" services to the area covered by this Agreement until Anaheim is able to arrive on scene and assume its normal jurisdictional authority and responsibility. Anaheim shall likewise provide "first alarm" services to the area covered by this Agreement until Corona is able to arrive on scene and assume its normal jurisdictional authority and responsibility.
2.4 The Parties have found that having an agreement in place for the provision of mutual aid, fire protection, and emergency services to be a mutual benefit when the services of each Fire Department are, in some circumstances, extended outside of the jurisdictional limits of one Party and into the jurisdictional limits of the Party. The Parties also believe that entering into this Agreement will enhance the level of service provided in each jurisdictional service areas by further defining the terms and conditions for the effective provision of such services.
2.5 The Parties acknowledge and agree that Corona's and Anaheim’s response to a request for assistance may be delayed or denied pending an existing emergency or other demand on its equipment or manpower within its jurisdiction.
2.6 Corona and Anaheim are authorized to enter into mutual aid Agreements pursuant to California Government Code Section 55632.
DEAND\08000.10304\10194280.10 2
3. TERMS
3.1 Mutual Aid. When requested by the other Party, Corona and Anaheim shall respond with appropriate staffing and equipment to provide assistance with fires and other emergencies of all types within the jurisdictional area of the requesting Party.
3.2 Communications. Both Parties agree to utilize the assigned frequency when responding to reported incidents pursuant to this Agreement.
3.3 Limitations on Response. When a request is made pursuant to Section 3.1, each Party's obligation hereunder shall be expressly contingent upon its staffing and equipment availability, as well as existing fire conditions in the jurisdictional areas of Corona and Anaheim, as determined by the responding Party in its sole and absolute discretion. Each Party's response within the jurisdictional limits of the other Party may not interfere with the responding Party's responsibility or ability to respond to emergencies or other calls within its own jurisdictional area. Each Party shall endeavor to notify the other Party in advance when it knows that its equipment or staffing will not be available to respond within the jurisdictional limits of the other Party.
3.4 911 Calls. When Corona is requested to provide aid within the jurisdictional area of Anaheim, Corona units shall respond on Anaheim’s designated radio frequency and the incident shall remain under the control of Metro Net, the emergency communications center with jurisdictional authority in Anaheim. Conversely, when the Anaheim is requested to provide aid within the jurisdictional area of Corona, Anaheim units shall respond on Corona’s designated radio frequency and the incident shall remain under the control of Corona’s emergency communications center.
3.5 Dispatch Services. Each Party will be responsible for providing, or contracting for the provision of, dispatch services for its own equipment and staffing for all incidents for which it is responsible under this Agreement.
3.6 Policies and Procedures. The specific details of the services to be provided by Corona and Anaheim and the general operational policies and procedures which may be necessary to effectuate this Agreement shall be as determined by the Corona and Anaheim Fire Chiefs, or their designees.
The Fire Chiefs or their designees shall meet at least annually for the purpose of considering revisions to these policies and procedures. Each Party agrees to work with each other in the performance of this Agreement, to be available to each other at all reasonable times, and to take all further actions necessary and reasonable to implement the full intent of this Agreement.
3.7 Insurance. Corona and Anaheim shall maintain Worker's Compensation Insurance or self-insurance for their own employees without cost to the other Party. In addition, each Party shall provide its own insurance or self-insurance for its own apparatus, equipment and employees, including general liability insurance and automobile insurance.
3.8 Independent Contractor Status. Corona and Anaheim shall pay all wages, salaries, and other amounts due to their personnel in connection with any and all services under this Agreement and as required by law. Each Party shall be responsible for all reports and obligations respecting their own personnel, including, but not limited to, social security taxes, income tax withholding, unemployment
DEAND\08000.10304\10194280.10 3
insurance, and workers' compensation insurance. Employees or agents of one Party shall not be deemed employees of the other for any purpose.
3.9 Compensation. Except as provided herein, no payment shall be made between the Parties as compensation for any services performed pursuant to this Agreement.
3.9.1 Over 12 Hours - ABH. If either Party has committed over twelve (12) hours on an incident in the other Party’s jurisdiction, then the request shall revert to assistance-by-hire (ABH) from the time of initial dispatch.
3.9.2 Cost Recovery. Should either Party pursue cost recovery, as allowed by Health and Safety Code Section 13009 or other applicable law as amended from time to time, then that Party shall bill on behalf of the responding Party for all of its reimbursable costs and expenses incurred in responding to the incident. Upon receipt of funds due to the responding Party, the billing Party shall then pay any such funds directly to the responding Party. All fees, expenses, and other costs related to such reimbursement collection and enforcement shall be borne solely by the billing Party. Each Party shall also be reimbursed pursuant to any false alarm ordinance the other Party may have in place now or in the future.
3.10 Fire Investigations. Anaheim shall be responsible for all fire investigations, including but not limited to, primary cause and origin, within Anaheim's jurisdiction. Corona will be responsible for all fire investigations, including, but not limited to, primary cause and origin, within Corona's jurisdiction.
3.11 Indemnification. Pursuant to California Government Code Section 895 et seq., each Party agrees to defend, indemnify, and hold each other, their elected officials, officers, employees, contractors, volunteers, and agencies mutually free and harmless from any and all claims, demands, causes of action, costs, expenses, losses, damages, injuries or liabilities, including attorney's fees, arising from their own performance of this Agreement, except to the extent that such liability is caused by the negligence of the other Party.
3.12 Representatives. Corona and Anaheim hereby designate their respective Fire Chiefs, or their designees, to act as their representatives for the performance of this Agreement. Each representative shall have the power to act on behalf of their respective Party for all purposes under this Agreement.
3.13 Term. This Agreement shall be effective as of the Effective Date noted above and shall be in effect for five (5) years, unless earlier terminated by either Party by giving thirty (30) days' notice, in writing, to the other Party.
3.14 Notices. Any notices required to be given under this Agreement shall be deemed to have been properly delivered, served, or given for all purposes when personally delivered to the Party to whom it is directed to, or in lieu of such personal service, when mailed, postage prepaid to the following addresses:
DEAND\08000.10304\10194280.10 4
CORONA:
Fire Chief
Corona Fire Department
400 S. Vicentia Ave.
Corona, CA 92882
ANAHEIM:
Fire Chief
Anaheim Fire Department
201 S Anaheim Blvd., Suite 300
Anaheim, CA 92805
Any Party may change its address for the purpose of this paragraph by giving written notice of such change in the manner prescribed by this paragraph.
3.15 Third Party Rights. Corona and Anaheim agree that the provisions of this Agreement are not intended to create or clarify any rights in third parties not a Party to this Agreement. In addition, no third party shall have any right of action hereunder. This Agreement shall not be enforceable by any parties other than Corona and Anaheim.
3.16 Privileges and Immunities. All privileges and immunities of Corona and Anaheim provided by state or federal law shall remain in full force and effect.
3.17 Entire Agreement. This Agreement contains the entire agreement of the Parties with the respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a written agreement signed by both Parties.
3.18 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in the County of the Party who initiates litigation.
3.19 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by either Party without the prior written consent of the other.
3.20 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original.
3.21 Severability. In the event that any provision or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision or portion shall be severable from this Agreement. Such invalidity, illegality or unenforceability shall not be construed to have any effect on the validity, legality or enforceability of the remaining provisions or portions of this Agreement. [SIGNATURES ON NEXT PAGE]
DEAND\08000.10304\10194280.10 5
SIGNATURE PAGE FOR
COOPERATIVE AGREEMENT
BETWEEN THE CITIES OF ANAHEIM AND CORONA
(MUTUAL AID)
CITY OF CORONA
BY: _____________________________
Fire Chief
Attest:
BY: _____________________________
City Clerk
Approved as to Form:
BY: _____________________________
City Attorney
CITY OF ANAHEIM
BY: _____________________________
Fire Chief
Attest:
BY: _____________________________
City Clerk
Approved as to Form:
BY: _____________________________
City Attorney
DATE: 12/03/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-333
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
THIRD AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH STUDIO ONE ELEVEN FOR THE 6TH STREET BEAUTIFICATION AND
REVITALIZATION
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve the Third Amendment to the Professional Service Agreement with Studio One Eleven for the 6th Street Beautification and Revitalization, Project No. 2022-02 to continue to provide engineering design services for additional work requested by the City and to increase the total contractual fee by $184,191.
RECOMMENDED ACTION:
That the City Council:
a. Approve the Third Amendment to the Professional Service Agreement with Studio One Eleven, in the amount of $184,191, along with a 10% contingency of $100,000 and a term extension through September 30, 2027, to continue to provide engineering design services for additional work for the 6th Street Beautification and Revitalization, Project No. ST-2022-02.
b. Authorize the City Manager, or his designee, to execute the Third Amendment to the Professional Services Agreement with Studio One Eleven to increase the total
contractual fee by $184,191 for a total compensation amount of $1,033,531, and include any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code 3.08.070(G). c. Authorize an appropriation in the amount of $51,434 from the Corona Mall Business Improvement District Fund 218 to the 6th Street Beautification and Revitalization, Project No. ST-2022-02.
BACKGROUND & HISTORY:
As part of the Downtown Revitalization Plan and City of Corona Capital Improvement Program (CIP), the City is developing an Iconic Downtown Sign (Sign) along the 6th Street corridor. This landmark feature is envisioned to serve as a welcoming and visually striking entryway that announces arrival into the heart of Corona’s historic downtown. The proposed location is at the mid-block crossing between North Mall and South Mall on 6th Street, midway between Main Street and Ramona Avenue. An original concept for the Sign was introduced in March 2025. Following refinement, feedback, and a request for a presentation to Council held on October 15, 2025, the concept was further refined and scope finalized. Engineering, design, and future construction support are now pending completion based on the direction given by the Council.
In addition, another scope item is included in the Third Amendment to the project agreement. Staff has requested additional design work to replace the existing storm drain within the project limits along 6th Street. The change is based on analysis from the ongoing Citywide Drainage Master Plan, which identified the need to modernize the storm drain infrastructure to improve capacity, reliability and long-term performance. The proposed design revisions will remove the existing storm drain that currently runs beneath the North Mall footprint.
ANALYSIS:
Since the Sign falls within the limits of the 6th Street Beautification Project (Main Street to Ramona Avenue), staff requested a proposal for its design from the project's design consultant, Studio One Eleven. For parity, and to ensure a comprehensive evaluation of design concepts, on June 11, 2025, staff requested additional proposals for the Sign’s design through the City’s on-call consultants list. On June 24, 2025, three (3) additional proposals were received. Proposals were evaluated by a team of three City staff members from the Public Works Department. The proposals were evaluated based on the completeness of the response, the qualifications of the firm, the qualifications of the personnel, their experience with similar work, the proposed work plan, project understanding and approach, the ability to meet the project timeline, and value.
The results of the proposal evaluation are shown below.
Firm Location Ranking
Studio One Eleven Long Beach, CA 1
Firm Location Ranking
David Evans and Associates, Inc. Ontario, CA 2
IDS Group Irvine, CA 3
Rios, Inc. Los Angeles, CA Non-Responsive
Based on the proposal evaluation, Studio One Eleven’s team possesses the skills, experience, and staffing necessary to successfully execute the scope of work for this project. Additionally, Studio One Eleven is the design consultant for the 6th Street Beautification and Revitalization, Project No. 2022-02. This ultimately allowed City staff to unanimously agree that the Studio One Eleven team demonstrated a high level of enthusiasm and a pragmatic, yet creative project approach that will ensure the Sign is brought to life in a thoughtful and well-planned design.
On September 9th, 2025, Staff directed Studio One Eleven to further refine four (4) Sign concepts, prepare a presentation for direction from City Council (held on October 15th, 2025), and then prepare a final concept. Council direction indicated an overall preference for “Option 2 – Mid-Block Crosswalk”, which has two structures to cover each direction on 6th Street. Following feedback provided by the City Council, the project scope has been finalized for incorporation into the project, and now final design, engineering, documentation, bidding, and construction support tasks can proceed with approval of the Third Amendment.
Staff is currently working on an update to the City’s Drainage Master Plan (DMP) to modernize the City’s storm drain system and plan for future growth. Simultaneously, future redevelopment of the North Mall properties is planned. A portion of the storm drain system runs from 6th Street northwards to under the North Mall properties, and the system on 6th Street itself is under capacity and outdated. The original scope of the 6th Street Beautification and Revitalization project proposed tying into the existing system; however, following feedback from the DMP Update team, Staff requested a change order proposal from Studio One Eleven to redesign and modernize the 6th Street storm drain system and eliminate flows underneath the North Mall properties. Staff have reviewed Studio One Eleven’s Change in Service request dated November 11, 2025, and recommends moving forward to incorporate this work into the Third Amendment.
Staff recommend that Studio One Eleven’s contract be amended to include the work as specified in the attached Change In Service Agreement.
FINANCIAL IMPACT:
Partial funding for the recommended actions is available in the 6th Street Beautification and Revitalization Capital Improvement Project No. ST-2022-02 within the Corona Mall Business Improvement District Fund 218, Measure A Fund 227, and the General Fund 110. Approval of the recommended actions will result in an appropriation in the amount of $51,434 from the Corona Mall Business Improvement District Fund 218 to the 6th Street Beautification and Revitalization, Project No. ST-2022-02 These funds will cover the design cost in the amount of $184,191, plus $100,000% contingency, for a total of $284,191.
Studio One Eleven’s original design contract for the 6th Street Beautification and Revitalization project is $798,160. A First Amendment to the Professional Service Agreement for $16,550 was executed on July 16, 2025, taking the total compensation to $814,710. A Second Amendment to the Professional Service Agreement for $34,630 was executed on September 24, 2025, further increasing total compensation to $849,340.
Adding the additional cost for design services requested of $184,191, will bring the total design cost for the project to $1,033,531.
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. The recommended actions are accepting new funding sources and appropriating the funding to project number 72100, and there is no possibility that accepting the funding will have a significant impact on the environment. Therefore, no environmental analysis is required.
PREPARED BY: KEEGAN OLDS, CIP SUPERVISOR
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Third Amendment to the Professional Services Agreement
CA\DD\02000.50105\10005846.1 (CITY ATTY: 01-14)
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RDC-111, INC. DBA STUDIO 111
(ENVIRONMENTAL AND DESIGN ENGINEERING SERVICES FOR 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT NO. ST-2022-02 – 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT, RFP 24-024AT)
1. PARTIES AND DATE.
This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into this this day of , 20 by and between the City of Corona (“City”) and RDC-111, Inc., DBA Studio 111, a California corporation (“Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated on or about February 21, 2024 (“Agreement”), whereby Consultant agreed to provide Environmental and Design Engineering Services for the 6th Street Beautification and Revitalization Project.
2.2 Prior Amendments. City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about July 16, 2025 (“First Amendment”). City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about September 24, 2025 (“Second Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the third time to (1) extend the Term of the Agreement to September 30, 2027; (2) increase the Compensation by $184,191.00 for a Total Compensation of $1,033,531.00 to include Add Services for the Storm Drain Extension and the Gateway Sign and Wayfinding Signs; and (3) replace Exhibit “C-2” (Compensation) with Exhibit “C-3” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.2 Term. The term of this Agreement shall be from
February 21, 2024 to September 30, 2027 (“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 Docusign Envelope ID: 5F05BE36-2507-48E2-A9B9-1EA0E5B48FDF Docusign Envelope ID: 83F50388-07DD-49C0-B453-0FE6BC0B1595
CA\DD\02000.50105\10005846.1 2 (CITY ATTY: 01-14)
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 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C-2” (Compensation), as amended by the Second Amendment of the Agreement, are hereby deleted in their entirety and replaced with the following:
“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-3” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Million Thirty-Three Thousand Five Hundred Thirty-One Dollars ($1,033,531.00) (“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 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third 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 Third Amendment.
3.5 Counterparts. This Third 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: 5F05BE36-2507-48E2-A9B9-1EA0E5B48FDF Docusign Envelope ID: 83F50388-07DD-49C0-B453-0FE6BC0B1595
CA\DD\02000.50105\10005846.1 3 (CITY ATTY: 01-14)
CITY’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RDC-111, INC. DBA STUDIO 111
(ENVIRONMENTAL AND DESIGN ENGINEERING SERVICES FOR 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT NO. ST-2022-02 – 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT, RFP 24-024AT) IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou, P.E.
Public Works Director
Reviewed By: _________________________
Javier Luna, P.E.
CIP Manager/Assistant City Engineer
Reviewed By: _________________________
Keegan Olds
CIP Supervisor
Reviewed By: _________________________
Nicole McDaniel
Assistant to the City Manager/
Acting Purchasing Manager
Attest:_________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONSULTANT’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RDC-111, INC. DBA STUDIO 111
(ENVIRONMENTAL AND DESIGN ENGINEERING SERVICES FOR 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT NO. ST-2022-02 – 6TH STREET BEAUTIFICATION AND REVITALIZATION PROJECT, RFP 24-024AT) IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
RDC-111, INC. DBA STUDIO 111
a California corporation
By: _________________________
Brad Williams
CEO
By: _______________________________
Ian Denny
CFO
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EXHIBIT "C-3"
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
ORIGINAL CONSULTANT RATES/FEES:
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The Consultant shall only increase the billing rates to the 2025 rates if the City add service or change in scope for the project in 2025.
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ADD SERVICES:
ADD SERVICE 1
(Consultant’s Change in Service, dated 09/03/2024) - City Council Presentation
DESCRIPTION SUMMARY TOTAL
• Revisions to presentation package as outlined in email sent August 12, 2024.
• Coordination and research of precedent project contacts. • Internal coordination on Conceptual Design option preference. • S111 presence at in-person City Council Meeting on September 18, 2024.
$2,600.00
TOTAL (ADD SERVICE 1): $2,600.00
ADD SERVICE 2
(Consultant’s Change in Service, dated 07/23/2024) – TIS Revisions
DESCRIPTION SUMMARY TOTAL
TASK "A” Traffic Impact Study (TIS) Review and Support for compliance with CEQA Transportation Checklist
$6,200.00
TASK "B" Memorandum Summarizing TIS and Traffic Review Memorandum $4,300.00 TASK "C" Public Hearings (Optional Task, Corona will determine if needed) $3,450.00 TOTAL (ADD SERVICE 2): $13,950.00
ADD SERVICE 3
(Consultant’s Revised Change in Service, dated 04/24/2025) – Project Management and Additional Coordination
DESCRIPTION SUMMARY TOTAL
Additional management time and coordination due to Schedule Extension. $15,385.00 Development and coordination regarding requested Changes in Services Agreement (CSA) with project team, that were a result of City of Corona direction:
a. Extended survey
b. Cost Estimate for conceptual design options
$3,000.00
Additional work associated with re-stripping occurred after survey was received. Additional work by design team was needed to work with this new condition and to extend design beyond the limit of work to create an “interim condition” before Phase 2 of work starts.
$4,000.00
TOTAL (ADD SERVICE 3): $22,385.00
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ADD SERVICE 4
(Consultant’s Change in Service, dated 09/09/2025) – Center of Circle Monument Concept Options
DESCRIPTION SUMMARY TOTAL
TASK 1: Development of Four (4) Concept Design Options for the iconic sign gateway
TASK 2: Client Presentation
TASK 3: Design Revisions – Final Concept
$12,245.00
TOTAL (ADD SERVICE 4): $12,245.00
ADD SERVICE 5
(Consultant’s Change in Service, dated 11/11/2025) – Storm Drain Extension
DESCRIPTION SUMMARY TOTAL
TASK 1: Storm Drain Extension $10,165.00
TASK 2: Construction Support $1,005.00
TOTAL (ADD SERVICE 5): $11,170.00
ADD SERVICE 6
(Consultant’s Change in Service, dated 11/13/2025) - Iconic Gateway and Wayfinding
DESCRIPTION SUMMARY TOTAL
TASK 1: Design Refinement $38,400.00
TASK 2: Geotechnical Investigation $42,320.00
TASK 3: Environmental Services $10,000.00
TASK 4: Documentation Development $52,345.00
TASK 5: Integration of Wayfinding Signs $5,205.00
TASK 6: Permitting + Bidding Support $10,805.00
TASK 7: Construction Support $13,946.00
TOTAL (ADD SERVICE 6): $173,021.00
[TOTAL COMPENSATION ON FOLLOWING PAGE]
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ORIGINAL TOTAL COMPENSATION: $798,160.00
TOTAL ADD SERVICES (ITEMS 1-6): $235,371.00
REVISED TOTAL COMPENSATION: $1,033,531.00
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DATE: 12/03/2025
TO: Honorable Mayor and City Council Members
FROM: City Manager’s Office
2025-455
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
OVERVIEW OF THE 2026 LEGISLATIVE PLATFORM AND FINANCIAL PRIORITIES EXECUTIVE SUMMARY:
This staff report requests that the City Council review and provide feedback on the 2026 Legislative Platform and Financial Priorities prior to final adoption at a future Council meeting scheduled for January 2026.
RECOMMENDED ACTION:
That the City Council review and provide feedback on the 2026 Legislative Platform and Financial Priorities prior to final adoption at a future Council meeting scheduled for January 2026.
BACKGROUND & HISTORY:
The Legislative Platform (Platform) has long served as a guiding document for responding to urgent requests to support, oppose, or take a neutral position on various legislative proposals throughout the year. Resolutions, major or unique issues, and significant items not directly addressed in the Platform will continue to be brought before the City Council for formal review and approval.
At the end of each year, the City of Corona identifies key policy priorities and legislative initiatives it seeks to advance with both the State and Federal Legislatures. Staff and Councilmember advocacy efforts are expected to be consistent with the adopted Legislative Platform. However, individual Councilmembers may express their personal
views on local, State, or Federal measures, provided they clearly state that they are speaking solely on their own behalf and not on behalf of the City or the City Council.
Staff may prepare letters of support or opposition consistent with the adopted Legislative Platform for the Mayor’s signature on behalf of the City. If the Mayor declines to sign, the Vice Mayor may sign in their place. If both decline, the matter will be brought before the full City Council. Legislative proposals not addressed within the Platform will likewise be presented to the Council for review and direction.
ANALYSIS:
The attached documents include the 2026 Legislative Platform and Financial Priorities, which outline the legislative priorities that guide staff and consultants as they actively support or oppose various legislative proposals throughout the year. These priorities inform efforts such as providing testimony, engaging in advocacy, or pursuing legislative action on key issues, including transportation, municipal finance, unfunded mandates, home rule, public safety, housing reform, homelessness, tort reform, public utilities, community services, and economic development.
The Legislative Platform is intended to be strategic in nature and reflects the standing policy position of the City Council until a future update is adopted. The priorities are intentionally broad to provide flexibility when responding to diverse legislative proposals.
The Legislative Platform is organized into the following 13 sections:
1. Community Services
2. Economic Development
3. Home Rule
4. Housing Reform
5. Homelessness
6. Municipal Finance
7. Public Safety
8. Public Utilities
9. Tort Reform
10.Transportation
11.Unfunded Mandates
12.Human Resources and Risk Management
13.Municipal Communications
EDITS TO THE 2026 PLATFORM AND FINANCIAL PRIORITIES:
The following edits to the Legislative Platform and Financial Priorities incorporate City Council feedback and staff recommendations.
Platform Edits:
Add to Section 4. Housing Reform - Oppose legislation that adds new procedural requirements to the CEQA process that impose additional burdens and risks to public agencies.
Add to Section 6. Municipal Finance - Oppose legislation that promotes divestment and violates a fiduciary duty to manage risk effectively. Document formatting
Edits to the 2026 Financial Priorities:
The financial priorities’ focus areas for 2026 remain the same as 2025: community services, public safety, and public utilities. The changes made are reflected in the amounts listed below for each priority project.
COMMUNITY SERVICES PROJECTS
City Park Revitalization Project $19m
Park Improvements $5.75m
Historic Civic Center Renovation $3.0m
Trails Construction $5.5m
PUBLIC SAFETY
Corona Wildfire Resilience Initiative $1.5m
PUBLIC UTILITIES
PFAS Treatment Facilities (3 Sites) $14m
Water Reclamation Facility #1, Improvements and Expansion $35m Sewer Main Replacement $4m
TRANSPORTATION
Magnolia Avenue Widening at Temescal Wash $15m
Conclusively, final adoption of the platform and financial priorities is scheduled for January 2026.
FINANCIAL IMPACT:
There is no financial impact associated with the approval of the recommended action.
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. This report asks Council to review and provide feedback on the 2026 Legislative Platform and Financial Properties for adoption at a future Council meeting in 2026. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant and requires no further environmental analysis.
PREPARED BY: AMINAH MEARS, ASSISTANT TO THE CITY MANAGER REVIEWED BY: BRETT CHANNING, ASSISTANT CITY MANAGER
ATTACHMENTS:
1. Exhibit 1 – 2026 Legislative Platform Redlines
2. Exhibit 2 – 2026 Financial Priorities Redlines
3. Exhibit 3 – 2026 Legislative Platform Clean
4. Exhibit 4 – 2026 Financial Priorities Clean
1 20262025
Legislative
Advocacy Platform
2 Purpose
The City of Corona Legislative Platform (“the Legislative Platform”) aims to establish and adopt City Council policy positions on various State and Federal legislation.
Adoption of the Legislative Platform guides City officials in advocating City interests to Federal, State, and County governments, thereby precluding the need for the Council to take individual positions reactively on legislative issues that arise during the year.
Objective
The Legislative Platform aims to promote proactive, timely representation of Corona’s interests through education, effective advocacy, and legislation.
Implementation
The Legislative Platform will be implemented as follows:
1. The City Manager shall direct the scope and activities of any State and Federal lobbyist hired on behalf of the City, consistent with the Legislative Platform and other directions provided by the City Council.
2. On an annual basis, the City Manager will present a Legislative Platform outlining the City’s position on various legislative issues for the City Council's consideration and adoption.
3. The Mayor and City Council will be informed of any legislative activities, proposed State or Federal legislation, and other policy-related matters that may have a direct and significant impact on the City’s fiscal, operational, and environmental health and the overall quality of life enjoyed by residents and other stakeholders.
4. The Mayor and City Council may establish joint advocacy efforts with other entities, including the Chamber of Commerce, the Corona-Norco Unified School District, the County of Riverside, and other cities.
5. The Mayor and Council, through their involvement with the League of California Cities, Riverside County Transportation Commission, the Western Riverside Council of Governments, and Southern California Association of Governments, may communicate with lawmakers at the County, State, and Federal levels through correspondence, personal contact, or testimony.
6. Letters of Support
a. Staff may prepare letters of support or opposition consistent with the adopted position in the Legislative Platform for signature by the Mayor on behalf of the City without taking the letter to the full Council, so long as the position letter represents the City Council’s adopted position as stated in the legislative platform.
3 b.a. Should the Mayor choose not to authorize their signature on a position letter, the Vice Mayor may sign in their stead. Where neither the Mayor nor Vice Mayor chooses to sign a position letter, the item will be placed on a meeting agenda for review and consideration by the full Council.
c.b. A summary of all position letters issued will be included in a regular Legislative update and distributed to the Council, outlining the need for them and citing the specific approved legislative policy used to expedite the city’s position.
d.c. In cases where a pending legislative proposal falls outside of the scope of the approved legislative platform, that item will be placed on a future council agenda for review and consideration by the full Council.
7. The Council has the option of adopting any one of 6 positions on proposed legislation:
a. Support - A support position indicates to the legislature, regulatory agencies, and other stakeholders that the City supports the legislation. b. Support if Amended - A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City supports the legislation if the requested changes are adopted.
c. Oppose—An opposed position indicates to the legislature, regulatory agency, and other stakeholders that the City opposes the legislation. d. Oppose Unless Amended—An oppose unless amended position indicates to the legislature, regulatory agencies, and other stakeholders that the City opposes the legislation in question unless the requested changes are adopted.
e. Neutral – A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City is impartial on the legislation in question and does not wish to take a position or has formally removed their prior adopted position due to changes being made to the legislation or proposal (e.g., a bill that the City had an “oppose unless amended” position on was amended to address concerns, therefore the City is formally withdrawing its opposition and moving to a “Neutral” position).
f. Watch – A watch is traditionally an internal position that indicates the City is monitoring the legislation. Should the bill be amended, the City reserves the right to adopt a position as indicated above.
8. The Legislative Platform is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the Councilmember should clearly state that they are speaking for themselves, not on behalf of the Council or the City.
4 Standing Legislative Platform
The Legislative Platform reflects the adopted, standing position of the City Council until superseded. The priorities are generally stated so they can be applied broadly to various legislative proposals. Advocacy efforts on behalf of the City by staff or Councilmembers are expected to reflect the adopted position of the Legislative Platform. However, this is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the members should clearly state that they are speaking for themselves, not on behalf of the Council or the City.
The Legislative Platform is divided into 12 sections dealing with the following topics:
1. Community Services
2. Economic Development
3. Home Rule
4. Housing Reform
5. Homelessness
6. Municipal Finance
7. Public Safety
8. Public Utilities
9. Tort Reform
10. Transportation
11. Unfunded Mandates
12. Human Resources and Risk Management
13. Municipal Communications
Section 1. Community Services: Support activities that enhance the quality of life for Corona residents through effective education programs, safeguarding community services and facilities, and promoting arts and culture.
1.1. Library
a) Support efforts that provide funding for additional library services, including staff costs.
b) Support efforts that provide funding for library print and electronic materials. c) Support efforts to enhance understanding of how libraries are integral to building and sustaining our communities.
d) Support efforts that fund library and Heritage Room services, including additional archival and digitization services and staff and equipment costs. a)e) Support efforts Support efforts that provide funding for library branch extension.
b) Support efforts to enhance understanding of how libraries are integral to building and sustaining our communities.
c) Support efforts that provide funding for library print and electronic materials. d) Support efforts that provide funding for additional library services, including staff costs.
a) Support efforts that fund library and Heritage Room services, including additional archival and digitization services and staff and equipment costs.
5 1.2. Parks & Recreation
a) Support recreation programs and events efforts, especially for youth and seniors.
b) Support efforts that provide funding for adaptive/special needs programming. c) Support efforts that provide funding for purchasing open space recreation land and constructing improving recreational facilities.
d) Support efforts that fund renovating and maintaining existing parks and recreation facilities to provide more sustainable facilities and trails. e) Support legislation that would expand the regional trail system and increase active transportation options within the City.
f)e) Support funding for trail projects that improve city connectivity and facilitate Cleveland National Forest access.
g)f) Support efforts that provide funding or reimbursement for volunteers and volunteerism.
Section 2. Economic Development: Support job creation, business attraction, and expansion to prosper Corona businesses and residents. Oppose legislative proposals or executive actions that hinder our community’s economic growth. a) Support efforts to grow the manufacturing industry.
b) Support efforts to retrain displaced/low-income workers. c) Support efforts to embrace living and working locally, particularly legislation that impacts housing costs and reduces greenhouse gas emissions. d) Support efforts to embrace innovation by seeding new businesses and linking new workers with new jobs and career pathways created by the pandemic. e) Support the creation of business incubators, such as the Corona Innovation Center, in partnership with local and regional partners that can lend expertise, resources, education, and access to capital.
f) Support efforts to embrace entrepreneurship by growing existing entrepreneurship tracks in Corona.
g) Support local Business Grants and California Dream Fund for those underrepresented and/or impacted by the pandemic, creating accessibility to capital and improving opportunities for innovation and entrepreneurship. h) Support legislation that promotes greater local jurisdiction flexibility with Surplus Land Act requirements relating to redevelopment, acquisition, or disposition of blighted commercial areas such as downtowns and older shopping centers.
i) Support initiatives that offer Vehicle Miles Exchange Travel Credit banking to residents and businesses to reduce driving and other vehicle miles traveled (VMT) reduction policies and programs.
Section 3. Home Rule: Preserve local governance and protect government revenue. a) Support efforts that allow local jurisdictions to operate under their police powers to reasonably control the use of property in the interest of the health,
6 safety, and welfare of the community health, safety, and welfare. b) Oppose legislation that removes or limits local governments’ land use and development decisions.
Section 4. Housing Reform: Create a diverse, affordable, and sustainable housing environment that meets the needs of all residents while promoting responsible development and community well-being.
a) Support efforts that make affordable housing more attainable for local jurisdictions by providing financial resources or subsidies that are less competitive and do not require affordable housing developments to compete with one another.
b) Oppose expanding State and Federal authority over local jurisdictions' housing and land use decisions.
c) Oppose penalties on a jurisdiction’s Housing Element, such as monetary fines issued by the state and withholding state public transportation (“gas tax”) monies to local jurisdictions that are not capable of meetingcannot meet their Regional Housing Needs Allocation (RHNA).
d) Oppose housing legislation that restricts a jurisdiction’s local discretion or eliminates the public engagement process for evaluating the impacts of housing developments.
e) Oppose housing legislation that does not consider the differences of local jurisdictions and imposes a “one size fits all” requirement. f) Support legislation that reconsiders the methodology used in allocating the Regional.
g) Housing Needs Assessment (RHNA), considering the extensive growth in California cities since the inception of this law.
h) Support legislation providing RHNA credit for preserving affordable housing units.
i) Support tax increment financing tools, including re-establishment redevelopment agencies or other permanent ongoing state funding sources to subsidize low and very low-income housing.
j) Oppose legislation that mandates the elimination of impact fees for affordable housing, thus removing a jurisdiction’s ability to negotiate with developers on pending projects.
k) Support legislation that includes manufactured homes as an affordable option for residents and provides protection from predatory landlords. l) Support State-mandated rent stabilization (like AB1035-Muratshuchi, 2023) for mobile home parks.
m) Support anti-displacement legislation that promotes and protects the ability of our City’s most vulnerable residents, seniors who are physically and/or developmentally disabled, to remain in the community, including tenant protection and anti-price gouging policies.
n) Oppose legislation that adds new procedural requirements to the CEQA process that imposes additional burdens and risks to public agencies.
7 Section 5. Homelessness: Support State legislation to strengthen local government’s ability to set local policies relating to homelessness. a) Support legislation to incentivize and maintain city investments in homeless programs.
b) Support legislation to permanently include the Homeless Housing, Assistance, and Prevention Program (HHAP) in the State Budget at a recommended $3 billion statewide level.
c) Support legislation and funding opportunities for the development of permanent supportive housing, including resources to finance the development of new units and resources to provide long-term sustainability c) for supportive services.
d) Support legislation and funding opportunities to increase Federal and State funding to prevent and reduce homelessness in Riverside County. e) Support legislation and funding opportunities for mental health and drug abuse treatment to address chronic homelessness in Riverside County. f) Support legislation and funding opportunities to improve discharge planning from jails and prisons and to expand re-entry housing programs to prevent and address homelessness among inmates, parolees, and probationers in Riverside County.
Section 6. Municipal Finance: Maintain a balanced budget and ensure that assets and resources are properly safeguarded and appropriated practically and efficiently. a) Support efforts that will protect the revenue base of local governments. b) Support efforts to redirect State and Federal tax dollars to the City of Corona. c) Support efforts that protect the ability of local governments to raise revenue responsibly.
d) Support efforts that allow the City to control operating costs tofor the City and its residents.
e) Oppose actions that will reduce the City of Corona revenues or limit the ability to raise revenue.
f) Support and monitor the lawful implementation of Proposition 1A, which was passed to protect local government finance.
g) Support state legislation and ballot measures that would authorize the City to lower the voter threshold to 55 percent for certain municipal bonds to fund the construction or rehabilitation of public infrastructure, including affordable housing.
h) Oppose legislation eliminating or redefining any development tax, fee, condition, or other monetary change.
i) Oppose legislation that promotes divestment and violates a fiduciary duty to manage risk effectively.
Section 7. Public Safety: Promote the general safety of all City residents.
8 a) Support efforts that increase public safety within the City. b) Support efforts that fund or reimburse municipal public safety services. c) Support efforts to protect the health and safety of law enforcement officers and firefighters.
d) Oppose efforts that reduce funding dedicated to municipal public safety services.
e) Support legislation allowing cities to determine public safety service levels and services offered, from suppression staffing to Emergency Medical Services. f) Support emergency response funding initiatives that would support adequate local fire services and enhance the State’s ability to respond to major emergencies, including large-scale fires, rescues, and medical and hazardous materials incidents.
g) SSupport legislation that enhances Emergency Management Program Capabilities to include core functions performed during emergencies and daily program functions.
h) Support efforts that provide State and Federal funding to augment our capabilities in the four phases of Emergency Management:
Preparedness, Response, Recovery, and Mitigation.
i) Support legislation that would allow for effective law enforcement and oppose legislation that hampers that process.
j) Support wildland fire initiatives, such as fire prevention, mitigation, and suppression.
k) Support efforts to lengthen felony sentences for repeat offenders of retail theft.
l) Support legislation that recognizes serious crimes as felonies, not misdemeanors.
m) Support legislation to charge those who possess illegal drugs with a felony. n) Support efforts to improve coordination between customers, regulators, government officials, and public safety partners during public safety shut-off (PSPS) events.
o) Support efforts to address the cancellation of fire or home insurance and rate increases for Corona residents by the State Insurance Commissioner due to natural disasters.
p) Support efforts to ensure a fairfair market cost for fire insurance for the city’s residents.
Section 8. Public Utilities: Preserve the local rate-making authority of municipally owned utilities and promote voluntary compliance with CEC reporting.
8.1 General
a) Oppose regulations that affect publicly owned utilities that do not consider the cost of implementation.
b) Support efforts to provide penalties for theft of metal and other crimes that can
9 harm or jeopardize the delivery and safety of the City’s water, sewer, and electric systems.
c) Support efforts to provide funding for potable reuse, drought relief, disadvantaged communities, Delta management and sustainability, water supply reliability, statewide water system improvements, groundwater protection, water quality improvements, water reclamation, water conservation, watershed protection, and water bond issues. d) Support Federal efforts to address long-term drought through newly established water supply or water capture programs that will benefit the City of Corona.
e) Support Federal and State funding for long-term low and no-interest loan programs that will enable utilities to replace aging infrastructure. f) Oppose legislation that would reduce the inverse condemnation standard for incidents caused by a utility, whether retroactive or otherwise, and support the City’s ability to recover applicable damages.
8.2 Oppose legislation that imposes legal responsibility for PFAS on passive receivers such as water and wastewater utilities.
Water Supply
a) Support policies and principles that recognize and maintain the “co-equal” goals of water supply reliability and ecosystem enhancement for the California Delta.
b) Support the financing and construction of an alternative conveyance facility for the Delta to improve water supply reliability for the region and state. c) Support efforts to control and reduce imported water costs. d) Support the development of alternative water sources, such as desalinization plants and potable reuse, by streamlining the regulatory approval or permitting processes and providing funding for such projects. e) Support funding for planning and construction projects that provide for the sustainability of existing and future developments.
f) Support legislation and funding for projects that promote long-term regional water reliability.
g) Support funding for and create construction projects associated with reservoirs and dam-related projects that increase the storage volume to equal the required volume needed to meet the water supply volume needed for housing requirements mandated by the state.
8.3 Water Quality, Reclaimed Water and Greywater
a) Support water softener discharge and salinity management requirements to help maintain groundwater quality and reduce wastewater treatment costs. b) Support direct potable reuse of reclaimed water to help offset potable water
10 use.
c) Support changes to the CEQA permitting process to help streamline the installation of reclaimed water lines within existing rights-of-way. d) Support the implementation of reasonable emergency requirements for water quality notifications to the public.
e) Support funding for water reclamation and advanced reclamation treatment technology projects.
f) Support policies that encourage science-based results for setting water quality standards.
8.4 Groundwater Management
a) Support voluntary groundwater monitoring regulations that maintain local control of groundwater supplies and management.
b) Support the increased use of stormwater and reclaimed water for groundwater recharge and storage funding for groundwater recharge basins.
8.5 Water Conservation
a) Support efforts to maintain reasonable and area-specific conservation targets.
b) Oppose statewide water conservation targets that are a targeted one-sizefits-all effort. c) Support funding for stormwater recharge planning and projects. d) Support legislation that seeks to solve the water crisis through supply enhancement and diversification, such as local stormwater capture and stormwater capture, increased storage in existing and new reservoirs.
Simplify regulations to promote such actions and projects. e) Support funding for turf removal projects on sports fields and eliminate the watering of fields.
8.6 Electricity
a) Support efforts to stabilize electricity rates.
b) Support the expansion of direct access programs that give electric customers a choice and encourage competitive pricing.
c) Support efforts to consolidate electrical reporting requirements for the California Energy Commission, the California Public Utilities Commission, and the Department of Energy.
d) Support funding for solar power projects and other alternative energy sources. e) Oppose expanding State and Federal authority and controls on municipal
11 facilities or operations.
f) Support legislation and rule-making that would allow small Publicly Owned Utilities (POU), supplying less than 200,000 MWh of energy per year, to meet Renewable Portfolio Standards (RPS) and other obligations through flexible options that consider small POU constraints.
g) Support standardizing open-source protocol for electric vehicle charging station networks.
h) Support monitoring mandatory Electric Utility grid reliability and resiliency requirements mandates.
i) Oppose mandatory electrification of vehicle fleets for utility companies within the water, sewer, and electric sectors.
j) Oppose legislation that promotes 100% electrification and seeks to find a balanced energy platform.
8.7 Biosolids
a) Support efforts that recognize the science-based benefits of recycling and using biosolids and promote the use of biosolids in industries such as agriculture and fuel production.
Section 9. Tort Reform: Encourage efficient dispute resolution, limit excessive litigation costs, and protect public resources.
a) Support efforts to reform liability statutes to reduce City exposure to "deep pocket" claims.
b) Oppose expansion of liability for municipalities. Protect from erosion of the defenses.
Section 10. Unfunded Mandates: Support the empowerment of local control and flexibility; ensure accountability and fairness; support legislative and policy reform. a) Support efforts to increase cities' service delivery and funding flexibility. b) Oppose legislative actions that impose Federal or State mandates on cities without sufficient funding for implementation or reimbursement.
Section 11. Transportation: Cultivate a city with safe, appealing, and efficient motor and non-motor transportation infrastructure to attract and retain small and large businesses, new entertainment and recreation, and residents and support growth in the goods movement industry.
11.1 Regulation
a) Oppose legislation that would make the Endangered Species Act and Clean Water Act more restrictive on public projects.
12 11.2 Funding
a) Support efforts to provide State and Federal funding for local and regional transportation projects, especially those that increase the public safety capacity of State Route 91, Interstate 15, State Route 71, and the various interchanges and on/off ramps associated with those routes in the Corona area.
b) Support efforts to provide State and Federal funding for constructing alternate or additional transportation corridors.
c) Support efforts to provide State and Federal funding for grade separation or other upgrades of existing roadway grade crossings of the railroad corridor to establish a Quiet Zone throughout the City of Corona.
d) Support efforts to provide State and Federal funding to repair and upgrade aging bridges and transportation infrastructure.
e) Oppose efforts to eliminate and/or restrict the use of Riverside County State Improvement Transportation Funds, Federal Surface Transportation program, Measure A, or Gas Tax funding for local transportation projects. f) Oppose the State's efforts to divert Riverside County State Improvement Transportation Funds, the Federal Surface Transportation Program, Measure A, or Gas Tax funding sources to help pay for the State budget deficit.
g) Support efforts to increase federal programs and funding to mitigate the environmental and traffic congestion impacts of national goods movement on Inland highways and grade crossings.
h) Oppose efforts by the State to divert Proposition 42 funding away from transportation projects to fund the State budget deficit. i) Support legislation safeguarding Corona’s fair share allocation of Proposition 84 funds.
j) Support legislation that provides funding for the construction of Phase 2 of the parking structure at the North Main Metrolink Station or any expansion or improvements to the Station.
k) Support truth in tolling initiatives.
l) Support the development of bank and exchange programs that build on municipalities existing environmental mitigation efforts.
11.3 Transit
a) Advocate for Medicaid policies that promote transit use as Medicaid providers.
b) Support additional funding for transit operations, including services for personspeople with disabilities and senior citizens.
c) Support for inter-county transit services to assist commuters between Riverside and Orange Counties.
13 d) Support legislation and grant programs encouraging transit ridership, active transportation, and congestion relief programs for western Riverside County.
e) Support partnering efforts with local and regional agencies to improve the coordination of transit services.
11.4 Rail
a) Support legislation that provides funding for improving and expanding commuter rail (Metrolink) services on the Inland Empire line. b) Support legislation implementing the statewide high-speed rail (HSR) system, including the segment from Los Angeles to San Diego via the Inland Empire, and light rail, which would increase intercity mobility from Corona and relieve traffic congestion through the Corona area. c) Oppose congressional efforts to prohibit federal funding from being utilized for the California HSR project.
d) Support the implementation of an HSR alignment and station in Corona. e) Support legislation that promotes transit-oriented development and transitadjacent development around rail transit stations while retaining local oversight and decision-making.
f) Support funding and planning of rail facilities along I-15 to support growth in Southwest County and lessen traffic impacts on the I-15 and Corona streets.
11.5 Airport Infrastructure Safety
a) Support efforts that provide funding for repairs and renovation of the Corona Municipal Airport.
b) Support efforts to fund and complete the Santa Ana Regional Interceptor line to minimize impacts on Corona Municipal Airport due to flooding. c) Support funding for the Corona Municipal Airport security, lighting, and paving improvements.
11.6 Congestion
a) Support measures that lessen congestion and the wear and tear of Corona surface streets due to freeway “cut-through” traffic.
b) Support efforts to fund and promote bike trails and pedestrian paths as viable alternatives to driving.
c) Support efforts to provide State and Federal funding for future phases of the Advanced Traffic Management System (“ATMS”), which provides traffic signal synchronization and incident management.
d) Oppose any changes in Department of Transportation (DOT) Americans with