Wednesday, August 19, 2026
Closed Session Council Board Room 4:30 PM
Open Session Council Chambers 6:00 PM
**Revised agenda on Monday, August 17, 2026 at 2:26 p.m.
Item 9.2 - Staff report was revised
Revised agenda on Tuesday, August 18, 2026 at 9:16 a.m.
Item 9.2 - Presentation was revised**
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1. CONVENE CLOSED SESSION
1.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
AGENCY NEGOTIATOR: JACOB ELLIS, CITY MANAGER
PROPERTY: APN 118-270-049, 815 W. SIXTH STREET
NEGOTIATING PARTIES: CHRISTIAN ARTS AND THEATER
UNDER NEGOTIATION: PRICE & TERMS OF PAYMENT
1.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
1.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY ATTORNEY/LEGAL & RISK MANAGEMENT DIRECTOR
2. INVOCATION - Pastor Fred, Corona Church of the Open Door The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Council Members. A list of volunteers is maintained by the City Clerk and interested persons should contact the Clerk for further information.
3. PLEDGE OF ALLEGIANCE
4. CONVENE OPEN SESSION
Individuals wishing to address the City Council are requested to complete a speaker card available at the rear of the Council Chambers. Please deliver the card to the City Clerk prior to the item being heard by the City Council or, for items not listed on the agenda, before the "Communications" section of the agenda is called.
Please observe a three-minute limit for communications and please note that the Communications section of the agenda is limited to items within the subject matter jurisdiction of the City Council that are not listed on the
agenda. Once called upon to speak, you are requested to state your name and city of residence for the record.
5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS
6. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine matters, status reports or documents covering previous City Council action. The items listed on the Consent Calendar may be enacted in one motion. With the concurrence of the City Council, a Council member or any person in attendance may request that an item be removed for further consideration.
6.1 MINUTES - CITY COUNCIL MEETING AUGUST 5, 2026
Approval of Minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority City Council Meeting of August 5, 2026
6.2 RESOLUTION ESTABLISHING MEDICAL GROUP 009-CORONA UTILITIES EMPLOYEES ASSOCIATION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT That the City Council adopt Resolution No. 2026-089, establishing Medical Group 009 – Corona Utilities Employee Association under the Public Employees' Medical and Hospital Care Act.
6.3 SECOND UPDATE ON DECLARATION OF EMERGENCY AND AUTHORIZATION FOR
CONTRACTED EMERGENCY WATER LINE AND REMEDIATION REPAIRS AT POLICE
DEPARTMENT HEADQUARTERS
That the City Council:
Receive and file the second update regarding the emergency water line and remediation repairs at the Corona Police Department Headquarters.
a.
Make a determination that there remains a need to continue the emergency work without the benefit of competitive bidding pursuant to California Public Contract Code Section 22050 and Corona Municipal Code Section 3.08.130(A).
b.
6.4 RESOLUTION AUTHORIZING A GRANT APPLICATION TO CALRECYCLE’S BEVERAGE
CONTAINER RECYCLING GRANT PROGRAM
That the City Council:
Adopt Resolution No. 2026-088 authorizing submittal of individual grant application and related authorizations for CalRecycle’s Beverage Container Recycling Grant Program. a.
Authorize the City Manager, or his designee, to execute all necessary documents, agreements, amendments, and payment requests required for the application process and subsequent grant administration, in accordance with all applicable federal, state, and local laws, ordinances, and regulations governing the CalRecycle Beverage Container Recycling Grant Program.
b.
6.5 RESOLUTION ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL ALCOHOL POLICING PARTNERSHIP PROGRAM That the City Council:
Adopt Resolution No. 2026-090 to accept and appropriate $76,816 from the State of California and approve the application for Alcoholic Beverage control Program grant funds. a.
Authorize an appropriation in the amount of $76,816 from the General Grants Fund (FD_1111), increase estimated revenue by the same amount to be reimbursed from the State of California Department of Alcoholic Beverage Control Alcohol Policing Partnership Program 2026-2027.
b.
Authorize the City Manager, or his designee, to execute the grant documents and any related documents, amendments, and agreements that are consistent with or in furtherance of the City Council’s actions hereunder.
c.
6.6 MAINTENANCE AND GENERAL SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE
SERVICES WITH TROPICAL PLAZA INC FOR THE UTILITIES DEPARTMENT WATER AND WATER
RECLAMATION FACILITIES
That the City Council:
Award NIB 26-025MB to Tropical Plaza Inc. for landscape maintenance services at the Utilities Department water and water reclamation facilities. a.
Approve the Maintenance and General Services Agreements with Tropical Plaza Inc. in the amount of $147,780 per fiscal year for the Utilities Department Water and Water Reclamation Facilities through June 30, 2028, with two additional two-year optional renewal periods, and waive any and all minor irregularities in the proposal. b.
Authorize the City Manager, or his designee, to execute the Maintenance and General Services Agreements with Tropical Plaza Inc in the amount of $147,780, including non-substantive extensions, change orders, purchase orders and amendments up to the amount authorized in the Corona Municipal Code Section 3.08.060(J) which is equivalent of 10% or $14,778.
c.
6.7 RESOLUTION ADOPTING THE CITY OF CORONA RESTATED SECTION 125 CAFETERIA PLAN That the City Council approve Resolution No. 2026-091, adopting the City of Corona Restated Section 125 Cafeteria Plan and repealing Resolution No. 2009-123.
7. COMMUNICATIONS FROM THE PUBLIC
Persons wishing to address the City Council are requested to state their name and city of residence for the record. This portion of the agenda is intended for general public comment only, which means it is limited to items within the subject matter jurisdiction of the City Council that are not listed on the agenda. Please note that state law prohibits the City Council from discussing or taking action on items not listed on the agenda. The City Council will appreciate your cooperation in keeping your comments brief. Please observe a three-minute limit for communications.
8. PUBLIC HEARINGS
This portion of the agenda is for advertised public hearing items where formal public testimony on each individual item is accepted prior to City Council action.
8.1 ZONE TEXT AMENDMENT 2026-0001 TO CHAPTER 17.70 OF THE CORONA MUNICIPAL CODE
TO UPDATE WATER-EFFICIENT LANDSCAPE REQUIREMENTS TO REFLECT CHANGES IN
STATE LAW AND TO UPDATE OUTDATED FENCING REGULATIONS
That the City Council:
Approve Zone Text Amendment 2026-0001, as recommended by the Planning and Housing Commission.
a.
Introduce, by title only, and waive full reading of consideration of Ordinance No. 3431, first reading of an ordinance amending Chapter 17.70 of Title 17 (Zoning) of the Corona Municipal Code to update water-efficient landscape requirements to reflect changes in State law, and to update outdated fence regulations, and amending various other sections in Title 17 to update references to Chapter 17.70 (ZTA2026-0001).
b.
9. ADMINISTRATIVE REPORTS
The portion of the agenda is for Council discussion and action on staff reports and new topics that may not be routine status reports, or documents covering previous City Council action.
9.1 UPDATE ON OPTIONS FOR MAGNOLIA AVENUE AND EL SOBRANTE ROAD CORRIDOR
IMPROVEMENT
That the City Council:
a. Adopt Alternative A – Take no further action
b. Adopt Alternative B – Right-In/Right-Out at El Sobrante Rd. (Staff Recommendation) c. Adopt Alternative C – No Access from El Sobrante Rd. to Magnolia d. Provide staff with additional direction
9.2 ORDINANCE AMENDING CHAPTERS 9.20 AND 12.24 OF THE CORONA MUNICIPAL CODE
REGARDING SPECIAL EVENTS AND CODIFICATION OF APPLICANT GROUP PRIORITY
CLASSIFICATIONS
That the City Council introduce, by title only, and waive full reading of Ordinance No. 3433, amending Chapters 9.20 and 12.24 of the Corona Municipal Code to clarify the special event permit process, designate a primary point of contact for permit coordination, and establish standardized user group classifications.
9.3 APPROVE A MEMORANDUM OF UNDERSTANDING WITH OC MARATHON LLC TO HOST THE CORONA 5000 ROAD RACE FOR A THREE-YEAR TERM
That the City Council:
Approve the Memorandum of Understanding with the OC Marathon, LLC., to coordinate and produce the Corona 5000 Road Race for the years 2027-2029 subject to compliance with all applicable provisions of the Corona Municipal Code, including but not limited to Chapter
12.32 (Special Events and Street Closures), and any other relevant local, county, or state regulations.
a.
Authorize the City Manager, or his designee, to execute all necessary agreements and permits with OC Marathon LLC.
b.
10. LEGISLATIVE MATTERS
The portion of the agenda is for proposed ordinances presented for the City Council's consideration.
10.1 ORDINANCE AMENDING CORONA MUNICIPAL CODE CHAPTER 5.34 (SOLICITORS) AND A
RESOLUTION UPDATING THE ADMINISTRATIVE PENALTIES SCHEDULE FOR VIOLATIONS OF
THE CORONA MUNICIPAL CODE
That the City Council:
Introduce, by title only, and waive full reading for consideration of Ordinance No. 3432, first reading of an ordinance amending Chapter 5.34 of the Corona Municipal Code to update the regulations for solicitors.
a.
Approve Resolution No. 2026-087 amending the Administrative Penalties Schedule for violations of the Corona Municipal Code on the date that Ordinance No. 3432 becomes effective.
b.
11. REPORTS FROM BOARDS AND COMMISSIONS
This portion of the agenda lists items from Commissions and Boards from the City Council, Commissioners, and Staff.
11.1 Library Board of Trustees
11.2 Planning & Housing Commission
11.2.a CONDITIONAL USE PERMIT 2025-0002 TO ESTABLISH A WIRELESS TELECOMMUNICATIONS FACILITY DESIGNED AS AN 81-FOOT-HIGH BALLFIELD
LIGHT POLE WITH ASSOCIATED GROUND-MOUNTED EQUIPMENT WITHIN CITRUS
COMMUNITY PARK
That the City Council:
Take no action, thereby affirming the Planning and Housing Commission’s action granting CUP2025-0002, based on the findings contained in the staff report and conditions of approval.OR
a.
b. Set the item for review at a subsequent meeting.
11.2.b CONDITIONAL USE PERMIT FOR A WIRELESS TELECOMMUNICATIONS FACILITY IN
KELLOGG PARK
That the City Council:
Take no action, thereby affirming the Planning and Housing Commission’s action granting CUP2025-0003, based on the findings contained in the staff report and conditions of approval.OR
a.
b. Set the item for review at a subsequent meeting.
11.3 Parks & Recreation Commission
11.4 Historic Preservation Board
11.5 Regional Meetings
11.5.a UPDATE FROM VICE MAYOR WES SPEAKE ON THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) TRANSPORTATION SOCAL CONNECT MEETING OF AUGUST 12, 2026
11.5.b UPDATE FROM COUNCIL MEMBER JIM STEINER ON THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) BOARD MEETING OF AUGUST 12, 2026
12. CITY ATTORNEY'S REPORTS AND COMMENTS
13. CITY MANAGER'S REPORTS AND COMMENTS
14. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
15. FUTURE AGENDA ITEMS
This portion of the agenda is for items requested by the Mayor, Council Members or Staff for consideration at a future meeting. No immediate action is taken on Future Agenda Items; this section serves to highlight topics that will be considered at upcoming meetings. Council action on items that have appeared in this section takes place under Administrative Reports, when accompanied by a staff report.
15.1 DOWNTOWN BOND APPROVAL (STAFF) SEPTEMBER 16, 2026
15.2 CITY PARK CONSTRUCTION CONTRACT (STAFF) SEPTEMBER 16, 2026
15.3 AI TRAFFIC SIGNAL OPTIMIZATION (STAFF) OCTOBER 2026
15.4 CUP FOR DRUG TREATMENT FACILITIES (STAFF) OCTOBER 2026
16. ADJOURNMENT
The next regular meeting of the City Council is scheduled for September 2, 2026, or thereafter as noted on the posted agenda for closed session items in the City Council Board Room followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted agenda in the City Council Chambers.
This meeting is being conducted in person as well as via teleconference. For members of the public wishing to submit written comments, please email comments to the City Clerk at [email protected] prior to the City Council meeting and your comments will be made part of the official record of proceedings.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the ADA Coordinator at (951) 736-2235. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Meeting is Being Recorded.
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1 City of Corona
City Council Minutes
Wednesday, August 5, 2026, 6:00 p.m.
Closed Session- Council Board Room
Council Present: Jacque Casillas, Wes Speake, Tony Daddario, Tom Richins, Jim Steiner
_____________________________________________________________________
1. CONVENE CLOSED SESSION
Closed Session convened at time 5:07 p.m. for the purposes listed below. Present were Mayor Casillas, Council Member Daddario, Council Member Richins, and Council Member Steiner. Vice Mayor Speake was absent. Closed Session adjourned at 5:46 p.m.
1.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
NAME OF CASE: PECHANGA BAND OF INDIANS AND SOBOBA BAND OF LUISENO INDIANS V. CITY OF CORONA
CASE NUMBER: RIVERSIDE COUNTY SUPERIOR COURT CASE NO.
CVRI2306028
1.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
NAME OF CASE: MICHAEL BRUNN V. CITY OF CORONA
WCAB CASE NUMBERS: ADJ18464837; ADJ18464331; ADJ15949825
2. INVOCATION - Pastor Shannon Scott, Grace Baptist Church The Invocation was led by Pastor Shannon Scott.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Daddario.
4. CONVENE OPEN SESSION
Mayor Casillas called the meeting to order at 6:02 p.m.
5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS
5.1 RECOGNITION: CORONA GIRLS SOFTBALL ALLSTARS
The Corona Girls Softball Allstars accepted the Recognition.
5.2 PRESENTATION: NORTHWEST MOSQUITO & VECTOR CONTROL DISTRICT UPDATE
DRAFT
2 Nancy Hernandez provided an update.
5.3 PRESENTATION: ADVANCED METERING INFRASTRUCTURE PROJECT Aftab Hussain, Assistant Utilities Director, provided an update.
Joe Morgan, resident, addressed the Council to provide comments on the update.
6. CONSENT CALENDAR
The Consent Calendar was approved with the exception of Item 6.13, which was voted on separately,
Moved by: Tom Richins
Seconded by: Jacque Casillas
That the City Council approve the Consent Calendar.
Aye (4): Jacque Casillas, Tony Daddario, Tom Richins, and Jim Steiner Absent (1): Wes Speake
Motion APPROVED (4 to 0)
6.1 MINUTES - CITY COUNCIL MEETING JULY 1, 2026
THE MEETING MINUTES WERE APPROVED.
6.2 CITY COUNCIL ADOPTION OF ORDINANCE NO. 3429, SECOND READING
OF AN ORDINANCE OF THE CITY OF CORONA, CALIFORNIA
THIS ORDINANCE WAS ADOPTED.
6.3 CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF CORONA, CORONA PUBLIC FINANCING
AUTHORITY, CORONA UTILITY AUTHORITY, AND CORONA HOUSING
AUTHORITY TO RECEIVE AND FILE THE MONTHLY FISCAL REPORT FOR MAY 2026
THIS REPORT WAS RECEIVED AND FILED.
That the City Council receive and file the monthly fiscal report for May 2026
6.4 CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF CORONA, CORONA PUBLIC FINANCING
AUTHORITY, CORONA UTILITY AUTHORITY, AND CORONA HOUSING
AUTHORITY TO RECEIVE AND FILE THE MONTHLY INVESTMENT
PORTFOLIO REPORT FOR MAY 2026
THIS REPORT WAS RECEIVED AND FILED.
That the City Council receive and file the monthly investment portfolio report for May 2026.
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3 6.5 BROKER AGREEMENT FOR LEASING SERVICES AT THE HUB. WITH
GROUND REVIEW BROKERAGE CORPORATION, A CALIFORNIA
CORPORATION
THIS ITEM WAS APPROVED.
That the City Council:
a. Approve the Broker Agreement for Leasing of Commercial Property at The Hub. with Ground Review Brokerage Corporation, a California corporation, for professional commercial retail brokerage services.
b. Find that competitive bidding has been satisfied and pursuant to Corona Municipal Code 3.08.140(D), Purpose of Bidding is Otherwise Accomplished. Authorize the City Manager, or their designee, to execute the Agreement and any related documents necessary to implement the Agreement, in a form approved by the City Attorney.
c. Authorize the City Manager, or their designee, to issue a purchase order to Ground Review Brokerage Corporation, in the amount of $200,000. d. Authorize an appropriation in the amount of $200,000 from the Corona Mall Property Fund (FD_1130) to the Economic Development Department’s Operating Budget for estimated broker compensation in FY 2027. e. Authorize the City Manager, or their designee, to prepare and process any budgetary adjustments, purchase orders, and change orders resulting in additional brokerage fees due to an increase in lease revenues.
6.6 ESTABLISH PUBLIC SAFETY TECHNOLOGY OPERATING AND
MAINTENANCE PROJECT USING REMAINING FUNDS FROM EMERGENCY 911 PHONE SYSTEM REPLACEMENT CAPITAL IMPROVEMENT PROJECT THIS ITEM WAS APPROVED.
That the City Council approve the reallocation of $494,372 from the Emergency 911 Phone System Replacement, Capital Improvement Project No. TC-2016-01 to a newly created Operating and Maintenance Project, titled Public Safety Technology within the General Fund (FD_1110) and Measure X Fund (FD_1120).
6.7 RESOLUTION ACCEPTING THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FISCAL YEAR 2027 CANNABIS TAX FUND
GRANT PROGRAM
THIS RESOLUTION WAS ADOPTED.
That the City Council:
a. Adopt Resolution No. 2026-086 to accept and appropriate $75,614.40 from the State of California and approve the application for Cannabis Tax Fund Grant Program grant funds.
b. Authorize an appropriation in the amount of $75,614.40 from the Grants General Fund (FD_1111) and an estimated revenue increase by the same amount to be reimbursed from the State of California Department of
DRAFT
4 California Highway Patrol Cannabis Tax Fund Law Enforcement Grant Fiscal Year 2027.
c. Authorize the City Manager, or his designee, to execute the grant documents and any related documents, amendments, and agreements that are consistent with or in furtherance of the City Council’s actions hereunder.
6.8 UPDATE ON DECLARATION OF EMERGENCY AND AUTHORIZATION FOR
CONTRACTED EMERGENCY WATER LINE AND REMEDIATION REPAIRS AT
CORONA POLICE DEPARTMENT HEADQUARTERS
THIS ITEM WAS APPROVED.
That the City Council:
a. Receive and file the update regarding the emergency water line and remediation repairs at the Corona Police Department Headquarters. b. Make a determination that there remains a need to continue the emergency work without the benefit of competitive bidding pursuant to California Public Contract Code Section 22050 and Corona Municipal Code Section
3.08.130(A).
6.9 FISCAL YEAR 2026 QUARTER 4 STRATEGIC PLAN PROGRESS REPORT UPDATE
THIS REPORT WAS RECEIVED AND FILED.
6.10 TERMINATE CONTRACTED EMERGENCY REPAIR OF WELL 15
DISCHARGE LINE
THIS ITEM WAS APPROVED.
That the City Council terminate the emergency action for contracted repairs of the Well 15 discharge line.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions.
6.11 CONSTRUCTION CONTRACT WITH PACIFIC HYDROTECH CORPORATION
FOR LESTER WATER TREATMENT PLANT BACKWASH TANK
REHABILITATION, OPERATING AND MAINTENANCE PROJECT
THIS ITEM WAS APPROVED.
That the City Council:
a. Adopt the Plans and Specifications for the Lester Water Treatment Plant Backwash Tank Rehabilitation Project, Notice Inviting Bids 26- 026CA.
b. Award Notice of Inviting Bids 26-026CA to Pacific Hydrotech Corporation, the lowest responsive, responsible bidder, for the total bid amount of $837,800 and waive any and all minor irregularities in the bidding documents as submitted by said bidder.
DRAFT
5 c. Approve the Construction Contract with Pacific Hydrotech Corporation for the Lester Water Treatment Plant Backwash Tank Rehabilitation Project in the amount of $837,800.
d. Authorize the City Manager, or his designee, to execute the Construction Contract with Pacific Hydrotech Corporation and issue a purchase order in the amount of $837,800 including any non-substantive extensions, change orders, purchase orders, and amendments up to 10% of total contract cost or $83,780 as authorized by Corona Municipal Code Section 3.08.050(H). e. Authorize an appropriation in the amount of $1,134,058 from the Water Utility Fund (FD_1570) to the Lester Water Treatment Plant Backwash Tank Rehabilitation, Operating and Maintenance Project No.
PJ_00000230.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions
6.12 PROFESSIONAL SERVICES AGREEMENT WITH VERTECH INDUSTRIAL SYSTEMS, LLC. FOR THE UTILITIES DEPARTMENT SCADA SYSTEM
CYBERSECURITY ASSESSMENT PROJECT
THIS ITEM WAS APPROVED.
That the City Council:
a. Authorize an appropriation in the amount of $288,090 to the Penetration Testing, Operating and Maintenance Project No. PJ_00000112 and increase estimated revenues by the same amount in the Information Technology Fund (FD_1681).
b. Authorize an appropriation in the amount of $288,090 to the Utilities Department’s operating budget for additional allocation costs incurred as a result of an increase to the Information Technology Fund (FD_1681), an Internal Service Fund.
c. Award Request for Proposal No. 26-027AT to Vertech Industrial Systems, LLC. for the Supervisory Control and Data Acquisition Cybersecurity Assessment Project.
d. Authorize the City Manager, or his designee, to execute the Professional Services Agreement with Vertech Industrial Systems, LLC. for the Supervisory Control and Data Acquisition Cybersecurity Assessment Project and issue a purchase order in an amount not to exceed $562,730, including the ability to negotiate and execute non-substantive changes and extensions, purchase orders and amendments up to $56,273 or 10% of the contract amount as authorized by Corona Municipal Code Section
3.08.060(H).
That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.
6.13 PURCHASE AUTHORIZATION FOR TOWABLE EMERGENCY BACKUP
GENERATOR FOR SIERRA DEL ORO LIFT STATION
DRAFT
6 Council Member Daddario had an inquiry and Aftab Hussain, Assistant Utilities Director, provided clarification.
Moved by: Tony Daddario
Seconded by: Jim Steiner
That the City Council:
a. Authorize the City Manager, or his designee, to issue a purchase order to Quinn Power Systems in the amount of $221,000 for the procurement of a towable emergency backup generator set for the Sierra Del Oro Lift Station.
b. Make a determination under Corona Municipal Code Section 3.08.125(B) that competitive bidding has been satisfied for the reasons provided in the “Basis of Determination of Competitive Bidding” section of this report. c. Authorize an appropriation in the amount of $183,355 from the Sewer Utility Fund (FD_1572) to the Sierra Del Oro Lift Station Generator Replacement, Capital Improvement Project No. UT-2023-10. d. Authorize the City Manager, or his designee, to approve and execute any documents necessary to implement change orders, up to the amount authorized by Corona Municipal Code Section 3.08.080(J) with respect to the total compensation authorized for the purchase of a towable emergency generator for the Sierra Del Oro Lift Station.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.
Aye (4): Jacque Casillas, Tony Daddario, Tom Richins, and Jim Steiner Absent (1): Wes Speake
Motion APPROVED (4 to 0)
6.14 QUARTERLY SALES TAX REPORT – FIRST QUARTER 2026 (JANUARYMARCH) THIS REPORT WAS RECEIVED AND FILED.
That the City Council receive and file the quarterly sales tax report from HdL Companies for the First Quarter 2026 (January – March).
6.15 AUTHORIZE AN ONGOING MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CORONA POLICE DEPARTMENT AND THE
CORONA-NORCO UNIFIED SCHOOL DISTRICT FOR REIMBURSEMENT OF
OFF-DUTY PERSONNEL AND EQUIPMENT AT SPECIAL EVENTS
THIS ITEM WAS APPROVED.
That the City Council authorize the City Manager, or his designee, to approve the Memorandum of Understanding between the City of Corona Police Department and the Corona-Norco Unified School District for reimbursement of off-duty personnel and equipment at special events, effective July 1, 2026, and continuing until June 30, 2027, in accordance with the terms of the MOU.
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7 7. COMMUNICATIONS FROM THE PUBLIC
The following residents addressed the Council: Maddy Paxton, Chris McCoy, Ruth Heineman, Tamara Durot, Mirella Rinaldi, Nazareth Vera, Tom Munoz, Don Fuller, Rory Connell, Amber Carrillo, and Adrian Aros.
8. PUBLIC HEARINGS
Vice Mayor Speake arrived to the Council Chambers at 7:14 p.m.
8.1 PUBLIC HEARING FOR CITY COUNCIL CONSIDERATION OF RESOLUTION NO. 2026-085 REVISING THE CITYWIDE MASTER FEE RECOVERY
SCHEDULE AND RECOVERY PERCENTAGES, REPEALING RESOLUTION NO. 2024-100, 2025-040, AND 2025-080
Bruce Foltz, Finance Director, and Tony Thrasher, Willdan Financial Services, provided a report. The Council had inquiries. Glenn Chavez, Waste Management, and Mr. Moody provided clarification.
Mayor Casillas opened the Public Hearing. Sylvia Edwards, City Clerk, stated there was no correspondence received from the public. The following residents addressed the Council regarding the Public Hearing item: Joe Morgan and Chris McCoy. The Council had inquiries and Mr. Foltz provided clarification. Mayor Casillas closed the Public Hearing.
Moved by: Jacque Casillas
Seconded by: Jim Steiner
That the City Council:
a. Adopt Resolution No. 2026-085 revising the Citywide Master Fee Recovery Schedule and Recovery Percentages, repealing Resolution No. 2024-100, 2025-040, and 2025-080
b. Authorize the City Manager, or their designee, to approve any additional budgetary adjustments for the fee amendments, if needed.
That the Corona Utility Authority review, ratify, and, to the extent necessary, direct the City Council to take the above actions.
Aye (4): Jacque Casillas, Tony Daddario, Tom Richins, and Jim Steiner Abstain (1): Wes Speake
Motion APPROVED (4 to 0)
9. ADMINISTRATIVE REPORTS
9.1 ORDINANCE AMENDING CHAPTERS 9.20 AND 12.24 OF THE CORONA
MUNICIPAL CODE REGARDING SPECIAL EVENTS AND ADOPTION OF
NEW USER GROUPS CLASSIFICATION
Monique Leon, Recreation Services Manager, provided a report. The Council discussed the item and had inquiries. Ms. Leon, Donna Finch, Community Services Director, and Mr. Ellis provided clarification.
DRAFT
8 The following residents addressed the Council regarding the proposed item: Rory Connell, Joe Morgan and Adrian Aros.
The Council provided direction to staff regarding the clarity of definitions and the majority agreed to continue the item to a future City Council meeting.
That the City Council introduce, by title only, and waive full reading of Ordinance No. 3433 amending Chapter 9.20 (Special Events) and Chapter 12.24 (Parks and Recreation Areas) of the Corona Municipal Code to codify applicant group priority classifications, to rename Chapter 9.20, to change the special event permitting authority from the Police Department to the Community Services Department, and to make other clarifying updates.
10. LEGISLATIVE MATTERS
None.
11. REPORTS FROM BOARDS AND COMMISSIONS
11.1 Library Board of Trustees
None.
11.2 Planning & Housing Commission
None.
11.3 Parks & Recreation Commission
None.
11.4 Historic Preservation Board
11.4.a REVIEW AND APPROVAL OF PROPOSED ALTERATIONS TO HISTORIC DISTRICT HD-005 (CITY PARK), A HISTORIC DISTRICT LISTED ON THE
CORONA REGISTER OF HISTORIC RESOURCES, AS PART OF THE CITY PARK REVITALIZATION PROJECT, LOCATED AT 930 E. SIXTH STREET The following residents addressed the Council regarding the proposed item:
Joe Morgan, Rory Connell, and Chris McCoy.
The Council provided comments. The majority of the City Council took no action.
That the City Council:
a. Take no action, thereby affirming the Historic Preservation Board’s action to approve the alterations to City Park as part of the City Park Revitalization Project (MARD2026-0002), based on the findings contained in the staff report and conditions of approval.
OR
b. Set the item for review at a subsequent meeting.
11.5 Regional Meetings
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9 11.5.a UPDATE FROM VICE MAYOR WES SPEAKE ON THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
TRANSPORTATION COMMITTEE MEETING OF JULY 2, 2026
Vice Mayor Speake provided an update.
11.5.b UPDATE FROM COUNCIL MEMBER DADDARIO ON THE WESTERN
RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY (RCA)
MEETING OF AUGUST 3, 2026
Council Member Daddario provided an update.
11.5.c UPDATE FROM COUNCIL MEMBER TOM RICHINS ON THE RIVERSIDE
COUNTY HABITAT CONSERVATION AGENCY (RCHCA) MEETING OF
JULY 9, 2026
Council Member Richins provided an update.
12. CITY ATTORNEY'S REPORTS AND COMMENTS
None.
13. CITY MANAGER'S REPORTS AND COMMENTS
Jacob Ellis, City Manager, provided comments.
14. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
Mayor Casillas provided an update on the Western Riverside Council of Governments Executive Committee Meeting of August 3, 2026.
The Council provided comments.
15. FUTURE AGENDA ITEMS
15.1 MAGNOLIA AVENUE/EL SOBRANTE INTERSECTION UPDATE (W. SPEAKE) AUGUST 19, 2026
15.2 WATER EFFICIENT LANDSCAPE DESIGN GUIDELINES (STAFF) AUGUST 19, 2026
15.3 SOLICITOR/PEDDLER UPDATE (STAFF) AUGUST 19, 2026
15.4 DOWNTOWN BOND APPROVAL (STAFF) SEPTEMBER 16, 2026
15.5 CITY PARK CONSTRUCTION CONTRACT (STAFF) SEPTEMBER 16, 2026
15.6 AI TRAFFIC SIGNAL OPTIMIZATION (STAFF) OCTOBER 2026
15.7 CUP FOR DRUG TREATMENT FACILITIES (STAFF) OCTOBER 2026
16. ADJOURNMENT
The next scheduled meeting of the Council is on September 2, 2026. Mayor Casillas adjourned the meeting at 8:41 p.m.
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Human Resources Department
2026-285
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ESTABLISHING MEDICAL GROUP 009-CORONA UTILITIES EMPLOYEES ASSOCIATION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND
HOSPITAL CARE ACT
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider and approve the adoption of Resolution No. 2026-089, establishing Medical Group 009 – Corona Utilities Employee Association (CUEA) for employees currently enrolled in Medical Group 003 – Public Service Employees under the Public Employees' Medical and Hospital Care Act (PEMHCA). The creation of a separate medical group will align health benefit administration with the City's collective bargaining agreements and ensure that CUEA employees are administered under a distinct medical group that accurately reflects their recognized employee organization.
The proposed medical group will receive the PEMHCA minimum employer contribution, which will apply equally to both active employees and eligible annuitants, consistent with applicable provisions of the California Government Code and CalPERS health benefit regulations. Establishing Medical Group 009 provides administrative clarity, ensures compliance with PEMHCA requirements, and supports the City's continued administration of employee health benefits in accordance with negotiated labor agreements.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2026-089, establishing Medical Group 009 – Corona Utilities Employee Association under the Public Employees' Medical and Hospital Care Act.
BACKGROUND & HISTORY:
The California Meyers-Milias-Brown Act (MMBA) requires the City to meet and confer in good faith with its recognized employee organizations regarding wages, hours, and other terms and conditions of employment. In September 2025, the Corona Utilities Employee Association (CUEA) was established as the recognized bargaining representative for certain certificated field employees in the Utilities Department who were previously represented by the Corona Public Service Employees Association (CPSEA). Following recognition, the City and CUEA negotiated the association's first Memorandum of Understanding (MOU), which was approved by the City Council on July 1, 2026, and established CUEA as a separate bargaining unit with its own negotiated wages and benefits.
The City of Corona participates in the Public Employees' Medical and Hospital Care Act (PEMHCA), administered by the California Public Employees' Retirement System (CalPERS), to provide health insurance benefits for eligible employees and retirees.
Under PEMHCA, participating employers establish medical groups that define employee populations eligible for specific employer health benefit contributions based on collective bargaining agreements, employee classifications, or other authorized distinctions.
Historically, employees represented by CUEA have participated in Medical Group 003 – Public Service Employees. With the establishment of CUEA as a separate recognized bargaining unit and the approval of its independent MOU, creating a distinct medical group is appropriate to ensure the administration of health benefits accurately reflects the City's current labor organization and negotiated benefit structure.
Creating Medical Group 009 will allow the City to administer CalPERS health benefits specifically for employees represented by CUEA while maintaining compliance with PEMHCA requirements. The new medical group will receive the statutory PEMHCA minimum
employer contribution, which will apply uniformly to eligible active employees and annuitants enrolled in the group. Establishing a separate medical group also provides administrative flexibility for future labor negotiations and supports accurate reporting and benefit administration through CalPERS.
The proposed action does not modify employee eligibility for CalPERS health benefits or alter the City's participation in PEMHCA. Rather, it reorganizes the administration of health benefits by creating a distinct medical group that corresponds to the City's recognized bargaining unit and negotiated labor agreement.
ANALYSIS:
The Public Employees' Medical and Hospital Care Act authorizes participating public agencies to establish separate medical groups for different classes of employees, bargaining units, and retirees, provided that employer contributions are administered in accordance with applicable provisions of the California Government Code and CalPERS regulations.
The establishment of Medical Group 009 – Corona Utilities Employee Association (CUEA) creates a distinct health benefit group for employees represented by CUEA who are currently enrolled in Medical Group 003 – Public Service Employees. This administrative change better aligns the City's health benefit structure with its recognized bargaining units while providing a clear framework for administering employer health contributions. A separate medical group does not expand employee eligibility for health benefits, increase negotiated benefit levels beyond those authorized by applicable labor agreements, or alter CalPERS eligibility requirements. Instead, it improves administrative efficiency, supports accurate benefit administration, and positions the City to effectively manage future labor agreement modifications involving CUEA.
Under the proposed resolution, the City will provide the PEMHCA minimum employer contribution for both active employees and eligible annuitants enrolled in Medical Group 009. Applying the minimum employer contribution equally to active employees and retirees ensures compliance with statutory requirements governing employer contributions under PEMHCA and provides consistency in benefit administration.
Pursuant to CalPERS administrative requirements, the new medical group will become effective on October 1, 2026, for employees currently enrolled in Medical Group 003 – Public Service Employees. This administrative effective date is established by CalPERS and does not change or interrupt the current health insurance coverage, eligibility, or benefits of CUEA employees. The resolution provides that the City will contribute the statutory PEMHCA minimum employer contribution toward health insurance premiums for both active employees and eligible annuitants enrolled in the new medical group, consistent with California Government Code Sections 22892 and 22893 and applicable CalPERS regulations.
City Council approval authorizes staff to submit all required documentation to CalPERS and take all administrative actions necessary to implement the new medical group.
Overall, the proposed action is consistent with the City's strategic objectives of maintaining effective employee benefits administration, ensuring compliance with applicable laws and regulations, and supporting sound fiscal and workforce management practices.
FINANCIAL IMPACT:
The establishment of Medical Group 009 does not create a new fiscal obligation beyond the City's existing commitment to provide employer health insurance contributions under PEMHCA. Employees currently enrolled in Medical Group 003 - Public Service Employees will be transferred administratively into the new medical group. The City will
continue to provide the PEMHCA minimum employer contribution for eligible active employees and annuitants enrolled in Medical Group 009, consistent with applicable law and negotiated labor agreements.
Any future changes to employer health benefit contributions resulting from collective bargaining or statutory changes will be evaluated through the City's normal budget and labor negotiation processes.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, known as the Common Sense Exemption, which provides that CEQA applies only to projects that have the potential to cause a significant effect on the environment. The establishment of Medical Group 009 – Corona Utilities Employee Association (CUEA) is an administrative action related solely to the City's employee health benefit program and has no potential to result in a direct or indirect physical change to the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment, and no further environmental review is required.
PREPARED BY: MARCUS RIDLEY, DEPUTY CHIEF TALENT OFFICER REVIEWED BY: LORI SASSOON, CHIEF TALENT OFFICER
ATTACHMENTS:
1. Exhibit 1 – Resolution No. 2026-089
Resolution 2026-089
August 19, 2026
1 RESOLUTION NO. 2026-089
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CORONA, CALIFORNIA, FIXING THE
EMPLOYER CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES’ MEDICAL AND HOSPITAL CARE
ACT AT AN EQUAL AMOUNT FOR EMPLOYEES
AND ANNUITANTS
WHEREAS, City of Corona is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:
Medical Group Monthly Employer Health
Contribution for Active Employees
and Annuitant
001 POLICE EMPLOYEES PEMHCA Minimum (no change)
002 FIRE EMPLOYEES UNIT PEMHCA Minimum (no change)
003 PUBLIC SERVICE EMPLOYEES PEMHCA Minimum (no change) 004 POLICE SUPERVISORS PEMHCA Minimum (no change)
005 SUPERVISORS ASSOCIATION PEMHCA Minimum (no change)
006 MGMT/CONFIDENTIAL-POLICE PEMHCA Minimum (no change) 007 MGMT/CONFIDENTIAL-FIRE PEMHCA Minimum (no change)
008 MGMT/CONFIDENTIAL-NON SAFETY PEMHCA Minimum (no change) 009 CUEA PEMHCA Minimum
Resolution 2026-089
August 19, 2026
2 700 CITY COUNCIL Total Premium (no change)
plus administrative fees and Contingency Reserve Fund assessments; and SECTION 2. City of Corona has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and SECTION 3. That the participation of the employees and annuitants of City of Corona shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Corona would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and SECTION 4. That the executive body appoint and direct, and it does hereby appoint and direct, the Chief Talent Officer to file with the Board a verified copy of this resolution, and to perform on behalf of City of Corona all functions required of it under the Act; and
SECTION 5. That coverage under the Act be effective on October 1, 2026.
PASSED, APPROVED AND ADOPTED 19th day of August, 2026.
Mayor of the City of Corona, California
ATTEST:
Sylvia Edwards, City
Clerk City of Corona
Resolution 2026-089
August 19, 2026
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of August, 2026 by the following vote of the council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of August, 2026.
Sylvia Edwards, City Clerk
City of Corona
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2026-290
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
SECOND UPDATE ON DECLARATION OF EMERGENCY AND AUTHORIZATION FOR
CONTRACTED EMERGENCY WATER LINE AND REMEDIATION REPAIRS AT
POLICE DEPARTMENT HEADQUARTERS
EXECUTIVE SUMMARY:
This staff report provides the City Council with the second required update on the emergency water line and remediation repairs at the Corona Police Department Headquarters. Although emergency repair and restoration work has been completed and the facility has been restored to its pre-loss condition, staff recommends continuing the emergency declaration until the final project walkthrough is completed and the City's insurance carrier has finalized its review and approval of all project invoices. Staff anticipates having the final project report and total project cost available at the next City Council meeting on September 2, 2026.
RECOMMENDED ACTION:
That the City Council:
a. Receive and file the second update regarding the emergency water line and remediation repairs at the Corona Police Department Headquarters.
b. Make a determination that there remains a need to continue the emergency work without the benefit of competitive bidding pursuant to California Public Contract Code Section 22050 and Corona Municipal Code Section 3.08.130(A).
BACKGROUND & HISTORY:
On April 28, 2026, a failed steel-braided water supply line serving the upstairs kitchenette caused significant flooding at the Corona Police Department Headquarters. The incident resulted in water damage to multiple areas of the facility and required immediate emergency response to protect City assets and maintain operations within the City's primary public safety facility.
Emergency mitigation efforts included water extraction, deployment of drying equipment, environmental testing, mold remediation, demolition of damaged materials, and development of a comprehensive restoration plan. On July 1, 2026, the City Council declared a public emergency to address the full extent of the damage and prevent further deterioration of the facility. Belfor Property Restoration was retained to perform the remediation and reconstruction work necessary to return the facility to its pre-loss condition.
ANALYSIS:
Emergency remediation and restoration work at the Corona Police Department Headquarters has been completed, and the facility has been restored to its pre-loss condition. The final project walkthrough remains pending to verify completion of all work in accordance with the approved scope.
Additionally, a purchase order in an amount not to exceed $700,000, consistent with the City Council's previously approved authorization, has been issued for the restoration work. Staff continue to coordinate with Belfor and the City's insurance carrier to complete the project closeout process. The City's insurance carrier is currently reviewing and approving all project invoices to verify eligible costs for reimbursement. Upon completion of that review, the City will receive the final project report and total project cost.
Staff anticipates having the final project report and cost information available for the next City Council meeting on September 2, 2026.
BASIS FOR CONTINUINING EMERGENCY ACTION:
An exception to competitive bidding was warranted for this action pursuant to Corona Municipal Code (CMC) Section 3.08.130(A) which states as follows:
(A) Emergencies. In situations determined by the City Manager to constitute an emergency for a public project pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $500,000, pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. Emergency expenditures of more than $500,000 shall first be approved by the City Council.
Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than the amount provided for in § 22032(a) of the Act (currently $75,000), a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.
Accordingly, staff recommend that the City Council determine there remains a need to continue the emergency action without competitive bidding pursuant to California Public Contract Code Section 22050 until all emergency work has been completed.
FINANCIAL IMPACT:
Funding for the recommended action in an amount not to exceed $700,000 is available in the Emergency Water Line and Remediation Repairs at Police Department Headquarters, Operating and Maintenance Project (PJ_00000531) within the General Fund (FD_1110).
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action declares an emergency at the Police Department and authorizes needed repairs and there is no possibility that approving this project will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: PAUL LICHTENBERGER, FACILITIES MANAGER
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2026-291
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION AUTHORIZING A GRANT APPLICATION TO CALRECYCLE’S
BEVERAGE CONTAINER RECYCLING GRANT PROGRAM
EXECUTIVE SUMMARY:
This staff report asks the City Council to authorize a grant application to the CalRecycle Beverage Container Recycling Grant Program in the amount of $275,000, the maximum award available under this cycle. If awarded, funding will support the purchase and installation of 18 ADA-compliant water refill stations across seven parks located in or adjacent to disadvantaged communities with Corona.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Resolution No. 2026-088 authorizing submittal of individual grant application and related authorizations for CalRecycle’s Beverage Container Recycling Grant Program.
b. Authorize the City Manager, or his designee, to execute all necessary documents, agreements, amendments, and payment requests required for the application process and subsequent grant administration, in accordance with all applicable federal, state, and local laws, ordinances, and regulations governing the CalRecycle Beverage Container Recycling Grant Program.
BACKGROUND & HISTORY:
CalRecycle administers the Beverage Container Recycling Grant Program to support California local government agencies in promoting increased recycling and reducing beverage container litter statewide. Eligible projects include the purchase and installation of water refill stations in parks and recreational areas, with related infrastructure improvements and outreach activities. The City seeks to use this grant to enhance community access to sustainable water sources and reduce environmental impacts from single-use plastics.
To advance these goals, the Community Services Department identified seven parks with community need and limited access to modern hydration amenities, all situated in or adjacent to disadvantaged community areas. These parks include:
Brentwood Park
Butterfield Park
Cresta Verde Park
Kellogg Park
Sheridan Park
River Road Park
Victoria Park
The project proposes installation or replacement of 18 ADA-compliant water refill stations across these sites to improve access to clean drinking water, support sustainability initiatives, and expand equitable access to amenities.
ANALYSIS:
The City of Corona is eligible to apply for the CalRecycle Beverage Container Recycling Grant Program, which supports projects that promote recycling and reduce beverage container litter throughout California communities. The program offers $1.5 million in funding per fiscal year, with individual grant awards ranging from $75,000 to $275,000.
The City is requesting the maximum amount of $275,000 to install or replace 18 ADAcompliant water refill stations across seven parks located in or adjacent to disadvantaged communities. These stations will improve access to clean drinking water, encourage the use of reusable bottles, and reduce single-use plastic waste.
The project scope includes infrastructure improvements, maintenance, and educational outreach that promotes and fosters sustainable practices. Applications must be submitted to CalRecycle by August 11, 2026, with supporting resolutions and authorization documents due by September 10, 2026. Grant awards will be announced in January 2027, and final reports are required by April 2029. The City must adhere to all CalRecycle terms, conditions, and procedures as part of the grant administration process.
Should the City be awarded funding, staff will bring forward a follow-up recommendation to accept the grant, execute the grant agreement, and appropriate funds accordingly.
FINANCIAL IMPACT:
There is no immediate financial impact associated with the approval of the recommended actions. If the City is awarded funding, staff will return to Council with a recommendation to accept the grant and appropriate the awarded funds.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve a grant application for the CalRecycle Beverage Container Recycling Grant Program, and there is no possibility that approving this agreement will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: MIRNA ROMERO, MANAGEMENT ANALYST II
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:
1. Exhibit 1 – Resolution No. 2026-088
MARIAC\06000.11001\10328654.1
RESOLUTION NO. 2026 - 088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, AUTHORIZING SUBMITTAL
OF INDIVIDUAL GRANT APPLICATION AND RELATED
AUTHORIZATIONS FOR CALRECYCLE’S BEVERAGE
CONTAINER RECYCLING GRANT PROGRAM
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants; and
WHEREAS, the City of Corona (“City”) wishes to apply for a grant from CalRecycle for the purpose of funding the installation of water refill stations at parks throughout the community to increase access to free, clean drinking water and encourage the use of reusable water bottles, and reduce single-use plastic container waste.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. Authorization. The City Council of the City of Corona (“City Council”) hereby approves the filing of an application with CalRecycle in the amount of $275,000 for the Beverage Container Recycling Grant Program.
SECTION 2. Delegation of Authority. The City Council delegates authority to the Community Services Director, or her designee, to execute all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
SECTION 3. Term of Authorization. This signature authority is effective for five years from the date of adoption.
SECTION 4. Effective Date. The Mayor shall sign the Resolution and the City Clerk attest there to, and this Resolution shall take effect and be in force on the date of its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2026.
MARIAC\06000.11001\10328654.1
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
MARIAC\06000.11001\10328654.1
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of August, 2026.
City Clerk of the City of Corona, California
[SEAL]
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Police Department
2026-294
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOL POLICING
PARTNERSHIP PROGRAM
EXECUTIVE SUMMARY:
This staff report asks the City Council to accept and appropriate the State of California Department of Alcoholic Beverage Control Alcohol Policing Partnership Program funds in the amount of $76,816 for fiscal year 2026-2027.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Resolution No. 2026-090 to accept and appropriate $76,816 from the State of California and approve the application for Alcoholic Beverage control Program grant funds.
b. Authorize an appropriation in the amount of $76,816 from the General Grants Fund (FD_1111), increase estimated revenue by the same amount to be reimbursed from the State of California Department of Alcoholic Beverage Control Alcohol Policing Partnership Program 2026-2027.
c. Authorize the City Manager, or his designee, to execute the grant documents and any related documents, amendments, and agreements that are consistent with or in furtherance of the City Council’s actions hereunder.
BACKGROUND & HISTORY:
The Department of Alcoholic Beverage Control offered grant funding to local law enforcement agencies in January 2026 for the Alcohol Policing Partnership Program for fiscal year 2026-2027. The mission of the Alcohol Policing Partnership Program is to assist local law enforcement agencies in developing a practical, effective, and comprehensive strategic approach to eliminating crime and public nuisance problems associated with problem alcoholic beverage outlets.
In June 2026, the Corona Police Department was notified that the City’s grant application for the Alcohol Policing Partnership Program was approved, and on July 20, 2026 the grant agreement was received.
ANALYSIS:
This grant will address Alcoholic Beverage Control (ABC) priorities, consisting of Shoulder Tap operations to deter adults from purchasing alcohol for minors, Decoy operations, undercover operations, saturation patrols, and other alcohol-related enforcement activities within the City limits. The Corona Police Department ABC liaison officer will work with the local ABC liaison agent to provide officer training, educational and preventive programs, and coordinate all other designated projects with ABC inspections and operations.
The performance period for the grant is July 1, 2026, through June 30, 2027. The onetime award will reimburse the City of Corona for designated personnel expenditures and other related supplies. All program operations will be conducted on an overtime basis and will supplement existing police crime prevention activities. The City Attorney has reviewed and approved as to form the proposed Grant Agreement.
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation and estimated revenue increase of $76,816 in the General Grants Fund (FD_1111) in Fiscal Year 2027.
This grant has no cost share matching requirements.
Police Department
Award
Police Staffing Expense $72,066
Operating Expense $ 1,500
Equipment $ 2,500
Travel Costs $ 750
Total $76,816
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action authorizes the acceptance and appropriation of a grant, and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: LINDA MCCULLOUGH, MANAGEMENT ANALYST I
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:
1. Exhibit 1 - State of California ABC 2026-2027 Alcohol Policing Partnership Award Letter
2. Exhibit 2 - State of California ABC Resolution No. 2026-090
3. Exhibit 3 – 26-APP06 Agreement
4. Exhibit 4 – 26-APP06 Agreement Exhibits
STATE OF CALIFORNIA — BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Gavin Newsom, Governor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500
June 2, 2026
Chief Robert Newman
Corona Police Department
730 Public Safety Way
Corona, CA 92878
Dear Chief Newman:
Congratulations! Your agency has been selected by the Department of Alcoholic Beverage Control (ABC) to receive a 2026/2027 Alcohol Policing Partnership (APP) grant. We look forward to working with your department to meet the goals and objectives in your proposal.
A grant agreement will be forthcoming in the next couple of weeks which requires a resolution from your agency’s governing body. A sample resolution was included in the Request for Proposal packet. Since these resolutions typically have to be on your governing body’s calendar, we ask that you do so as soon as possible.
We will be hosting a two and half day training conference beginning at 8:30 am on July 14, 2026 and ending at approximately 12:00 pm on July 16, 2026. This conference offers valuable training in alcohol enforcement and serves as an excellent opportunity for the representatives from your agency to meet our ABC staff and share information with other law enforcement agencies from across the State.
This year the conference will be held at the Embassy Suites Anaheim South, 11767 Harbor Blvd., Garden Grove, CA 92840. The conference will accommodate up to two sworn attendees from each agency. It is recommended that your sworn Project Director and an officer/deputy assigned to the grant program attend. There is a $325 registration fee per person to attend the conference. This fee is reimbursable through the grant.
Enclosed is the conference registration form to be filled out and returned by June 14, 2026.
A block of rooms at a special conference rate of $189 plus tax/fees has been reserved for grant agency participants. Agencies traveling less than 50 miles are NOT
eligible for travel reimbursement.1 Please note that all attendees must make reservations by the hotel deadline of June 14, 2026, to guarantee the special room rate or availability. Space at the hotel is limited and late registrants will have to find their own accommodation.
Attendees can go to the following website to make reservations https://www.hilton.com/en/attend-my-event/laxgdes-918-e2a988d1-6c3c-4d52-a55ffec1f2a678de/ or email Kristine Okino for a direct link.
Due to the short time frame for registering at the hotel, your prompt attention is appreciated. The special room rate will only be available until June 14, 2026, or until the group block is sold out, whichever comes first.
If you have any questions, please email Kristine Okino, Grant Coordinator at [email protected].
Sincerely,
Paul Tupy
Director
Enclosure
Cc: Sgt. Daniel Matson, Project Director
1 Based on State regulations we are unable to reimburse agencies that are within a 50-mile radius from the Embassy Suites Anaheim South. The distance is based on the agency’s physical headquarters address. Agency(s) that fall in this category are: Corona PD, Covina PD, Downey PD, Fontana PD, Fullerton PD, Huntington Beach PD, Inglewood PD, Long Beach PD, Los Angeles PD, Los Angeles County SO, Ontario PD, Orange PD, Pomona PD, Santa Monica PD and South Gate PD. Travel reimbursable costs for the aforementioned agency(s) will be limited to the registration fee only.
CA\DD\15000.10202\10251869.1
RESOLUTION NO. 2026-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, TO ACCEPT AND
APPROPRIATE $76,816.00 FROM THE STATE OF
CALIFORNIA ALCOHOLIC BEVERAGE CONTROL (ABC)
2026-2027 ALCOHOL POLICING PARTNERSHIP (APP)
PROGRAM
WHEREAS, the City of Corona Police Department desires to undertake a certain project designated as the “2026-2027 Alcohol Policing Partnership Program (APP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC):
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Chief of Police, or Police Captain, of the Police Department of the City of Corona is authorized, on its behalf to submit the proposal to ABC and is authorized to execute on behalf of the City of Corona, the attached contract including any extension or amendments thereof and any subsequent contract with the State in relation thereto.
SECTION 2. It is agreed that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.
SECTION 3. The grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
SECTION 4. This award is not subject to local hiring freezes.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2026.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
CA\DD\15000.10202\10251869.1
2 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of August, 2026.
City Clerk of the City of Corona, California
[SEAL]
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. • Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections.
These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:
1. The operation period of the grant is July 1, 2026 through June 30, 2027.
2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.
4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
II. GOALS AND OBJECTIVES
1. Conduct at least five (5) Minor Decoy operations.
2. Conduct at least five (5) Shoulder tap operations, including the Statewide Shoulder tap operation.
3. Conduct at least three (3) IMPACT operations.
4. Conduct at least three (3) Undercover operations.
5. Conduct at least six (6) General enforcement operations.
6. Facilitate at least three (3) LEAD trainings.
7. Conduct at least three (3) TRACE trainings.
8. Conduct at least two (2) Community Meetings.
9. Conduct at least six (6) Roll Call trainings.
10. Provide press/social media releases on grant enforcement activities.
A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).
11. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.
12. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.
III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Corona Police Department
Daniel Matson, Sergeant
730 Public Safety Way
Corona, CA 92878
(951) 739-4884
[email protected]
Department of Alcoholic Beverage Control
Jennifer Delarosa, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
Direct all fiscal inquiries to:
Corona Police Department
Linda McCullough, Management Analyst
730 Public Safety Way
Corona, CA 92878
(951) 736-2337
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 312-4349
[email protected]
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.
• Invoices shall clearly reference this contract number (26-APP06) and must not exceed the contract total authorized amount of $76.816.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice.
Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101- 3036, Budget Act, Statues of 2026.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2026 and on or before the project termination date, June 30, 2027.
• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.
• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractors are required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
II. BUDGET DETAIL
COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Sergeant $18,003.00
Detectives $52,062.00
Benefits – 3.4% $2,001.00
TOTAL Personnel $72,066.00
B. Operating Expenses (receipts required)
Decoy / Buy Funds $1,500.00
TOTAL Operating $1,500.00
C. Equipment (receipts required, must be purchased by 12/31) Callyo Investigative Solutions App (pre-approval required) $2,500.00 TOTAL Equipment $2,500.00
D. Travel Costs
Registration $750.00
TOTAL Travel $750.00
GRANT TOTAL $76,816.00
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
General Terms and Conditions (GTC 02/2025)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be aid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assign or but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assign or has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
c. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Agreement Number: 26-APP06
City of Corona through the Corona Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2026, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-ofLegal-Services-Resources-List-Folder/Standard-Contract-Language
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2026-293
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
MAINTENANCE AND GENERAL SERVICES AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES WITH TROPICAL PLAZA INC FOR THE UTILITIES
DEPARTMENT WATER AND WATER RECLAMATION FACILITIES
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve a Maintenance and General Services Agreement with Tropical Plaza, Inc. for landscape maintenance services at the Utilities Department Water and Water Reclamation Facilities through June 30, 2028, in the amount of $147,780 per fiscal year, and authorizes two optional two-year extension periods through June 30, 2032.
RECOMMENDED ACTION:
That the City Council:
a. Award NIB 26-025MB to Tropical Plaza Inc. for landscape maintenance services at the Utilities Department water and water reclamation facilities. b. Approve the Maintenance and General Services Agreements with Tropical Plaza Inc. in the amount of $147,780 per fiscal year for the Utilities Department Water and Water Reclamation Facilities through June 30, 2028, with two additional twoyear optional renewal periods, and waive any and all minor irregularities in the proposal.
c. Authorize the City Manager, or his designee, to execute the Maintenance and General Services Agreements with Tropical Plaza Inc in the amount of $147,780, including non-substantive extensions, change orders, purchase orders and amendments up to the amount authorized in the Corona Municipal Code Section 3.08.060(J) which is equivalent of 10% or $14,778.
BACKGROUND & HISTORY:
The City utilizes professional contractual services for landscape maintenance at the Utilities Department Water and Water Reclamation Facilities. These contractual services supply the equipment, professional staff, and expertise needed to conduct this work in a safe and effective manner, while providing clean and attractive landscaping throughout the City.
Landscaping services for these facilities were previously provided by Greentech Landscape. Their contract expired on June 30, 2026, and all renewal terms have been exhausted. Services are currently provided through a temporary contract to maintain uninterrupted services until a vendor is formally approved.
The Utilities Department has made a large investment and commitment to maintain its utility locations located throughout the community, which includes comprehensive landscape maintenance services such as mowing, edging, trimming and litter removal. To offer seamless services in these facilities, staff is seeking contractors who will have a consistent and trained crew working in these zones while providing quality and reliable services to Corona residents.
ANALYSIS:
A notice inviting bids (NIB) was issued by the Community Services Department for landscape maintenance services at the Utilities Department Water and Water Reclamation Facilities. Bid No. NIB26-025MB was posted on PlanetBids on May 12, 2026, and the Purchasing Division directly solicited 279 landscape contractors with a copy of the bid. The city received 13 bids, of which 12 were deemed responsive. The following is a summary of the bid results:
Rank Bidder Bid Amount
1 Tropical Plaza Nursery, Inc. $147,780.00
2 Elect Landscape Services $152,975.00
3 Integrity Arborist and Ecoscape $153,242.00
4 EMTS Inc. $175,226.00
5 New Generation Landscape Management $190,890.00
6 Pacific Coast Landscape and Design, Inc. $193,208.00
7 Pest Options Inc. $199,994.24
8 Priority Landscape Services $226,025.00
9 Andrade Landscape & Design $254,170.00
10 Mariposa Landscape Maintenance $257,310.00
11 Parkwood Landscape Maintenance $300,258.00
Rank Bidder Bid Amount
12 J. Orozco Enterprises Inc. $414,421.68
Staff reviewed the bids submitted by all vendors and recommend awarding the Maintenance and General Service Agreements to Tropical Plaza Nursery, Inc as the lowest responsive, responsible bidder. All licenses and references for the above vendors have been reviewed and vetted and all required documents and insurance have been received.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Fiscal Year 2027 operating budget within the Water Utility Fund (FD_1570), Sewer Utility Fund (FD_1572), Direct Access Electric Utility Fund (FD_1576), Greenfield Electric Utility Fund (FD_1578), and Reclaimed Water Utility Fund (FD_1567). Funding for future fiscal years’ service will be recommended through the annual budget process.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve a Maintenance and General Services Agreement for landscaping services, and there is no possibility that approving this agreement will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: MOSES CORTEZ, PARKS SUPERVISOR
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:
1. Exhibit 1 – Maintenance and General Services Agreement
(CITY ATTY: 09-25)
DEAND\02000.50102\10151745.8
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPING & MAINTENANACE SERVICES – UTILITIES DEPARTMENT WATER AND WATER RECLAMATION FACILITIES NIB 26-025MB)
1. PARTIES AND DATE.
This Agreement is made and entered into this ____________ day of ______________________, 2026 (“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 Tropical Plaza Nursery, Inc., a California corporation with its principal place of business at 9642 Santiago Blvd., Villa Park, CA 92861 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscaping and maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Utilities Department Water and Water Reclamation Facilities Landscaping project (“Project”) as set forth in this Agreement.
.3 Corona Utility Authority.
Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).
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3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscaping and maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term.
3.1.2.1 Initial Term. The initial term of this Agreement shall be from September 1, 2026 to June 30, 2028 (“Initial Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
3.1.2.2 Renewal Term(s). 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”).
3.1.2.3 Term Defined. The terms “Initial Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates 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 Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Lucas Fields, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6Air Quality.
(A) General Requirement. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. (B) CARB Off-Road Vehicles and Engine Pollution Control Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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Devices. By way of example and not by limitation, Contractor shall comply with, and shall ensure all subcontractors comply with, all applicable requirements of the most current version of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Chapter 9 Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying, upon two (2) calendar days’ notice, any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Chapter 9 Regulation. Contractor shall be solely liable for any and all costs associated with compliance with the Chapter 9 Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Chapter 9 Regulation.
(C) Indemnification. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal 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, Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
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(B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.8 Verification of Coverage (Initially & Annually).
Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. Contractor’s obligation herein shall be met not only with the commencement of the Initial Term, but annually as well for duration of the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
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3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.14 Landscaping Organic Waste Policy. Pursuant to Corona Municipal Code (“CMC”) Section 8.20.400 (A), Contractor shall comply with the following requirements:
3.2.14.1 Organic Requirements. Contractor shall use compost and mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance services performed under this Agreement, whenever available, and capable of meeting quality standards.
3.2.14.2 Records. Contractor shall keep and provide to the City records of procurement of recovered organic waste products (either through purchase or acquisition) upon completion of the Project. Information to be provided shall include: (A) general description of how and where the product was used; (B) source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; (C) type of product; (D) quantity of each product; and (E) invoice or other record demonstrating purchase or procurement.
3.2.14.3 Definitions. The terms used in this Section 3.2.14 shall be as defined in Chapter 8.20 of the CMC.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation.
3.3.1.1 Initial Term - Rates. During the Initial Term, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
3.3.1.2 Renewal Term(s) - Rate Increases. Rates to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).
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3.3.1.3 Initial Term - Total Compensation. The total compensation paid, including authorized reimbursements, shall not exceed One Hundred Forty-Seven Thousand Seven Hundred and Eighty Dollars ($147,780.00) per fiscal year during the Initial Term (“Total Compensation”), without written approval of City’s Representative.
3.3.1.4 Renewal Term(s) - Total Compensation. The Total Compensation to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).
3.3.1.5 Extra Work – Compensation. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 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 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Contractor:
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Tropical Plaza Nursery, Inc.
9642 Santiago Blvd
Villa Park, CA 92861
Attn: Leslie Fields
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Utilities Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
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3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
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3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPING & MAINTENANACE SERVICES – UTILITIES DEPARTMENT WATER AND WATER RECLAMATION FACILITIES NIB 26-025MB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Donna Finch
Community Services Director
Reviewed By: __________________________
Tom Moody
Utilities Director
Reviewed By: _______________________
Paul Lichtenberger
Facilities Manager
Reviewed By: ___________________________
Aftab Husain
Assistant Utilities Director
Reviewed By: ________________________________
Nicole McDaniel
Deputy Director of Finance
Attest: _________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPING & MAINTENANACE SERVICES – UTILITIES DEPARTMENT WATER AND WATER RECLAMATION FACILITIES NIB 26-025MB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
TROPICAL PLAZA NURSERY, INC.
a California Corporation
By: _________________________
Leslie T. Fields
President
By: _________________________
Katrina J. Fields
Treasurer
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscaping and maintenance services necessary for the Project. The Services are more particularly described herein.
Some sites will require a Cyberkey or Badge to access and perform tasks. These will be provided by the City of Corona and must be used every time the site is serviced. Access through means other than Cyberkey or Badge will only be acceptable when the site does not have a Cyberkey or Badge based lock.
WATER RECLAMATION FACILITIES
1. Facility Address Approx. Acres
• Water Reclamation Facility No. 1 2205 Railroad Street 40 Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary (2-wire system), mow, edge, blow turf areas, rake planters, abate weeds and remove rubbish (some turf areas may require less frequent mowing during winter months). No spraying of pesticides around basins.
Monthly: abate weeds and trim any vegetation along fence lines, trim shrubs at walks and drives. Ensure all v-ditches and landscape drain areas are clean and free of debris, maintain tree supports/stakes. Spray weeds around facility walkways, buildings, structures and planters, adjust irrigation timers as needed.
Quarterly: fertilize turf and shrubs around Control Building. Inspect all trees and prune including Queen Palms around control building.
(See Exhibit A-1)
2. Facility Address Approx Acres
• Water Reclamation Facility No. 2 650 E. Harrison 7
Scope of Work:
Weekly: Check irrigation, adjust and/or repair as necessary, rake planters, abate weeds and remove rubbish.
Monthly. Remove rubbish as needed. Remove any weeds throughout facility including gravel areas. Prune and trim all plant material along Harrison Street. Adjust irrigation timers as needed. Spay any weeds in open gravel areas except around basins.
Quarterly: Inspect all trees and prune. Contractor shall trim and remove any dead palm fronds off Palms along Harrison.
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(See Exhibit A-2)
3. Facility Address
• Communication Site Grape Hill Tower 881 Corsica Drive N/A • Communication Site Eagle Glen 1602 Fairway Drive N/A
Scope of Work:
Monthly: Abate weeds and remove rubbish.
(See Exhibit A-3)
4. Facility Address Approx. Acres
• Water Reclamation Facility No. 3 3997 Temescal Cyn. 264,000 sq. ft Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary, abate weeds and remove rubbish.
Monthly: trim groundcover, hedges, shrubs and trees. Maintain new tree supports/stakes.
Spray weeds around facility walkways, buildings, structures and planters.
Quarterly: fertilize shrubs and groundcover, trim all trees as needed. (See Exhibit A-4)
5. Facility Address Approx Acres
• Sierra del Oro Lift Station 3851 Palisades Drive N/A
• Smith & Rincon Lift Station 1505 Rincon N/A
• Yuma Lift Station* 735 Via Blairo N/A
• Arantine Lift Station 3991 Bedford Cyn N/A
• Green River Lift Station 4776 Golden Ridge Dr N/A
• Joy Lift Station 495 East Parkridge N/A
Scope of Work:
Monthly: Abate weeds and remove litter.
*Note: At Yuma Lift Station: Mow and edge front Parkway weekly, trim shrubs and ground cover monthly, check irrigation monthly and adjust as needed. *Note: At Joy St Lift station: Trim hedges. Check irrigation monthly and adjust as needed. (See Exhibit A-5)
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WATER FACILITIES
1. Facilities Address Approx. Acreage
• Gilbert Reservoir 4065 Gilbert Ave. 1.50
• Green River WTP 4130 Green River Rd. 3.60
• Lester WTP 2970 Rimpau Ave. 1.25
• Keith WST 3985 Nelson St 1.50
• Ion Exchange Treatment Plant 410 Rimpau Ave. 0.25
• Sierra Del Oro WTP 2940 Wilderness Cir. 3.80
(inside perimeter of fence)
Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary, abate weeds, remove rubbish, blow all sidewalk and hard surfaces clean including parking lots.
Monthly: trim ground cover and shrubs, rake all debris and keep all walkways free and clear of vegetation encroachment.
Quarterly: fertilize groundcover, trim trees up to 12’.
Note: Do not spray herbicides and or pesticides within 100 ft of open potable water basins. (See Exhibit B-1)
2. Facility Address Approx. Acreage
• Temescal Desalter 745 Public Safety Way 0.50
Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary, abate weeds, mow and edge turf, remove clippings and rubbish. Blow all sidewalk and hard surfaces including parking lots. Contractor may spray herbicides early in the morning with immediate approval of site supervisor.
Monthly: trim groundcover and shrubs, rake and remove all debris.
Quarterly: fertilize groundcover and turf, this includes the slopes on the northwest side of the parking, trim trees up to 12’.
Yearly (fall): over-seed turf with rye seed and top dress. (See Exhibit B-2)
3.Facility Address Approx. Acreage
• Well 7A 917 Circle City Dr. 0.20
• Well 9A 505 S. Vicentia N/A
• Well 11 1865 Pomona Rd. 0.25
• Well 14 1200 W. 10th St. 0.20
• Well 19 219 W. Grand Ave. 0.20
• Well 25 310 S. Vicentia 0.08
• Well 27 2581 Mangular 0.16
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• Well 28 202 N. Buena Vista 0.11
• Well 29 240 N. Buena Vista 0.004
(inside fenced area)
• Border Reservoir 2369 1/2 Border Ave. 0.25
(unimproved areas on either side of reservoir and behind, not front) • Border Reservoir 2525 Border Avenue 2.68
• Jameson Reservoir 4268 Jameson Circle 1.68
• Cresta Verde Booster 2005 Promenade Ave. 0.25
• Payette Booster 881 Payette Ave. 0.25
Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary, abate weeds and remove rubbish.
Monthly: trim groundcover and shrubs.
(See Exhibit B-3)
4. Facility Address Approx. Acreage
• Border Booster 2290 Border Ave 0.25
• Cresta Verde Reservoir 756 La Cumbre 0.25
Scope of Work:
Weekly: check irrigation, adjust and/or repair as necessary, abate weeds, mow and edge turf, remove clippings and rubbish.
Monthly: trim groundcover at walks and drives.
Quarterly: fertilize groundcover and turf, trim shrubs. (See Exhibit B-4)
5. Facility Address Approx. Acreage
• Well 3 9865 Glen Ivy Rd. 0.20
• Well 8A 219 S Joy 0.20
• Well 12A 519 Maple St. 0.20
• Well 13 1018 Cottonwood CT. 0.20
• Well 15 102 N. Lincoln 0.20
• Well 20 25225 Matri Rd. 0.20
• Well 21 24650 Glen Ivy Rd. 0.20
• Well 22 405 Sierra Vista 0.20
• Well 31 211 N. Buena Vista 0.10
• Well 32 and 33 3822 Grant St. (Home Gardens) 0.20
• Glen Ivy Reservoir 8965 Glen Ivy Rd. 0.30
• ADV Reservoir 2750 Raven Cir. 0.20
• Aquino Booster 1036 Aquino Cir. 0.20
• Chase Booster 1315 E Chase Dr. 0.20
• Serfas Club Booster 1290 Serfas Club Dr. 0.20
• Harlon Hills Booster 3440 Bonnie view Circle 0.20
• Kraft Ranch Booster 1725 Oakridge Dr. 0.20
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• Mabey Canyon Booster 2643 Border Ave. 0.20
• Morita Booster 755 Morita Dr. 0.10
• Ontario Booster 506 Ontario Ave 0.25
• Sierra Bella Booster 2690 Hidden Hills Way 0.10
• Eagle Glen Reservoir 1602 Fairway Dr. 0.50
• E.G. Zone 6 Booster 1602 Fairway Dr. 0.20
• E.G. Zone 5 Booster 4255 Eagle Glen Pkwy 0.20
• Hayden Reservoir 3590 Nelson Ave. 0.20
• Yuma Reservoir 881 Corsica Dr. 0.50
• Tom Barnes PRV Temescal Cyn Rd/Tom Barnes 0.10
• Yorba PRV Yorba Street/North of Railroad N/A
• Old Well Site Lincoln & 8th 0.20
• Magnolia PRV Station Intersection- Magnolia & Leeson N/A • Lincoln & Lorna Monitoring Well Lincoln &Lorna 0.20
• 10 & Lincoln Monitoring Well Southwest Corner of 10th and 0.20 Lincoln
• R3 WST 2000 Garretson N/A
• SDO Raw 1670 Montana Ranch 0.20
• Monitoring Well 333 N. Garfield N/A
• Monitoring Well 1175 Dumitru Way N/A
• Monitoring Well 416 East Grand N/A
Scope of Work:
Weekly: abate weeds and remove rubbish.
(See Exhibit B-5)
Administration Facility
6. Facility Address Approx. Acreage
• Corporation Yard (CY) 755 Public Safety Way N/A
Scope of Work:
Weekly: Check irrigation, adjust and/or repair as necessary and ensure sprinklers do not impact wrought iron, abate weeds, remove clippings and rubbish.
Monthly: Trim groundcover at walks and drives/ramps; maintain any new tree support/stakes.
Quarterly: fertilize groundcover, trim shrubs.
Yearly (fall): trim trees
(See Exhibit B-6)
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VACANT LOTS
Facility Address Approx. Acreage
• Vacant Lot 411 Rimpau Ave 0.33
Scope of Work
Weekly: abate weeds and remove rubbish.
(See Exhibit B-7)
Facility Address Approx. Acreage
• Vacant Lot APN119210042 (by 1130 W Rincon St) 0.10
Scope of Work
• Weekly: check irrigation, adjust and/or repair as necessary, abate weeds and remove rubbish.
• Monthly: trim groundcover and shrubs.
Facility Address Approx. Acreage
Scope of Work
• Vacant Lot APN1110191017 (11th and W. Grand Ave) 0.17 • Weekly: abate weeds and remove rubbish.
(See Exhibit B-9)
As-Needed, No Guaranteed Usage:
Unit Price Per Acre, Scope and Quantity to Be Determined by City at Time of Authorization. • Unirrigated, non-landscaped per acre Qty1
• Irrigated, landscaped per acre Qty1
1. CONTRACTOR LIABILITY
A. All damage to existing improvements located within areas, and adjacent to areas under maintenance, which in the opinion of the Department are due to the Contractor's operation, shall be repaired or replaced at the Contractor's expense with similar materials and in an approved manner.
B. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the Department. Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor's payment in the amount necessary to compensate the City Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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for such repairs in the event such repair work is done by City forces.
C. Irrigation damage shall be repaired or replaced within the following time limits:
1. Mainline irrigation breaks shall be repaired within 24 hours.
2. All other irrigation repair and/or replacement shall be completed within one (1) working day.
All damages to turf, ground cover, shrubs, vines or trees shall be repaired or replaced within five (5) working days.
1. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair.
2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Department.
3. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Department the damage is severe, the shrub shall be removed and replaced with a similar variety and size.
4. Damage to trees shall be repaired in the following manner:
• Minor damage such as bark lost from mechanical equipment shall be remedied by a qualified Tree Surgeon or Arborist.
• If the damage results in the loss of the tree; or, if in the opinion of the Department the damage is severe, the damaged tree shall be removed and replaced with a similar variety and size.
D. All damage resulting from chemical application and/or operation, either by spray-drift, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life.
E. All work shall be inspected, verified, and completed to the satisfaction of the Department.
2. REMOVING OBSTRUCTIONS AND MAINTENANCE OF EXISTING
IMPROVEMENTS
A. Where there is work is to be constructed in, or adjacent to, areas which have been improved by lawns, trees, shrubs, or gardens, the Contractor shall remove such trees or plants as may be necessary for the prosecution of the work and give them proper care and attention until the work has been satisfactorily completed, after which the Contractor shall replace them in as nearly the original condition and location as is reasonably possible. Where it is necessary to deposit the excavated materials on lawns during the process of construction, the Contractor shall first lay burlap or canvas on the lawn to prevent contact between the excavated material and the lawn.
B. Unless otherwise indicated in the contract documents all utility lines, conduits, Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected, or damaged by them during the progress of the work, provided, that should the Contractor in the performance of the work disturb, disconnect, or damage any of the above, all expense, arising from such disturbance, or in the replacement or repair thereof, shall be borne by the Contractor. However, in accordance with Section 4215 of the California Government Code, the Contractor shall be compensated for the cost of locating and repairing damage to main or trunk line utility facilities located on the jobsite, not due to the failure of the Contractor to exercise reasonable care; for costs of removing or relocating such utility facilities not indicated in the contract documents with reasonable accuracy; and for the operation cost for equipment on the project necessarily idled such work.
C. At least two working days prior to commencing any excavation pursuant to this Contract, the Contractor shall contact Underground Service Alert at (800) 422- 4133 or other appropriate regional notification center if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations.
3. NON-INTERFERENCE
Contractor shall not interfere with the operations of the Utility Department, and shall conduct their operations so as to not impede the work and activities of the City staff.
Contractor shall not interfere with the public use of the premises, and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public, nor disrupt the peace and quiet of the area within which the services are performed.
4. PARKING
A. Contractor shall park his vehicles and equipment within designated parking areas or in such a location to insure normal vehicular traffic.
B. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicles right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA.
5. LITTER
A. All areas in the work sites shall be kept free of, but not limited to, the following items:
bottles, glass, cans, paper, cardboard, metallic items, and other debris on a weekly basis.
B. Contractor shall promptly remove from the work area, all debris generated by their performance.
6. USE OF CHEMICALS
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A. Contractor shall submit a list of all chemical herbicides, pesticides, and rodenticides proposed for use under this contract for approval by the Department. Materials included on this list shall be limited to chemicals approved by the State of California Department of Food and Agriculture, and shall include the exact brand name and generic formulation.
The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor where required by law.
Material Safety Data Sheets (MSDS) must be provided prior to award of contract. **No spray chemicals or powder chemicals are allowed in areas listed on “Water Facilities,” only pellet formed chemicals.**
B. The use of chemicals shall conform to the current County of Riverside Agriculture Commissioner regulations. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the Department as appropriate for the purpose and area proposed.
7. DISEASE AND PEST CONTROL
A. Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. The Contractor shall advise the Department, in writing, within four (4) days when any disease, snail, insect or rodent infestation is found; he shall identify the disease, snail, insect or rodent and specify control measures to be taken. The Contractor shall implement control measures, exercising extreme caution in the application of all spray materials, dusts or other materials utilized.
B. Approved control measures shall be continued until the disease, snail, insect or rodent is controlled to the satisfaction of the Department. The Contractor shall utilize all safeguards necessary during disease, snail, insect or rodent control operations to ensure safety of the public and the employees of the Contractors.
C. Contractor shall perform at their sole expense the following services:
1. All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Adviser License is required prior to chemical application where required by law.
2. All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner's Office and a permit obtained with a copy to the Department prior to use.
3. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Department on a monthly basis.
4. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California will be adhered to.
1. WEED CONTROL
A. For the purpose of these specifications, a weed will be considered as "any Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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undesirable or misplaced plant".
B. All areas within the specified maintenance area, including but not limited to, turf grass, shrub and ground cover areas, planters, tree wells, and hardscape areas shall be kept free of weeds at all times.
C. Weed removal shall consist of complete removal of all weeds, including top growth and roots, as the weeds appear.
D. Weed control shall be performed a minimum of one (1) time per week.
E. Bare areas between plants shall be cultivated by hand on a weekly basis.
Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Department may restrict the use of chemical weed control in certain areas.
2. IRRIGATION MAINTENANCE AND REPAIRS
Contractor shall maintain all irrigation systems, at no additional cost to the City, in such a way as to:
A. Guarantee proper coverage and full working capability.
B. Make necessary adjustments to prevent overspray or excessive runoff into street rights-of-way or other areas not intended to be irrigated.
C. Damaged irrigation caused by the Contractor will be repaired and/or replaced at the Contractors expense.
D. Normal wear and tear of irrigation will be repaired by the Contractor and billed as additional services. Any repair that exceeds $200.00 will require prior approval by a City of Corona authorized representative.
E. TURF GRASS CARE
A. Turf Grass Mowing:
1. Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
2. The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
3. All warm season turf grasses (Bermuda, St. Augustine, and Kikuyu) shall be cut with a reel type mower at a one (1) inch height throughout the year.
4. All cool season turf grasses (Fescue, Bluegrass, and Ryegrass) shall be cut at a two and one-half (2 1/2) inch height with a rotary type mower throughout the year.
5. Turf grass mowing heights may be adjusted by the Department during periods of turf grass renovation.
6. All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating the work site after each mowing.
7. Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
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B. Turf Grass Edging and Trimming
1. Edging of turf grass shall be performed with a power edger containing a steel blade.
2. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
3. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
4. Tree trunk protectors shall be provided and installed, at no additional cost to the City, when string trimmers are utilized for trimming around the base of trees. The City may allow a sixteen (16) inch diameter mulch ring around trees to eliminate continual string trimming.
5. A four (4) inch barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
6. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
7. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site.
8. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean.
C. Turf Grass Fertilization
1. The turf grass shall be fertilized quarterly to provide a healthy and vigorously growing turf grass with horticulturally acceptable growth and color, as determined by the Department.
2. Fertilization shall be performed with a balanced fertilizer, consisting of a 3-1- 2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area.
3. Contractor shall immediately irrigate after each fertilizer application.
4. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
D. Turf Grass Renovation
1. All warm season turf grass shall be renovated annually.
2. Renovation shall consist of aerating, verticutting, thatch removal and overseeding.
3. Contractor shall notify the Department, in writing, five (5) working days prior to any renovation operation. This written document shall include the following:
a. Location and exact date the renovation will be performed. b. Type of equipment and materials to be used.
4. Contractor shall remove all renovation generated debris from the work site the day of the renovation operation and prior to vacating the work site.
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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a. Contractor shall cut all warm season grasses to the soil line immediately before and after verticutting.
b. Contractor shall verticut all warm season turf grass with a standard verticutting machine with verticutting blades one (1) inch apart which penetrate to a minimum depth of two inches below the soil line.
5. Overseeding shall be performed within two (2) days after verticutting with properly calibrated seeders.
a. Warm season turf grass shall be overseeded at a rate of eight (8) pounds of seed per 1,000 square feet. Certified Perennial Ryegrass shall be used.
Seed tags shall be provided to the Department.
b. The overseed shall be covered with one-eighth (1/8) inch of topper. The topper must be approved by the Department and not contain Steer Manure.
5. Reseeding of bare spots shall be performed continually throughout the year to re-establish turf to an acceptable quality.
a. Reseeding shall be performed with certified turf grass seed similar to the established turf at a rate of eight (8) pounds per 1,000 square feet. b. Seed shall be topped with one-eighth (1/8) inch of topper. The topper must be approved by the Department and shall not contain Steer Manure. c. The Department may require the use of sod when deemed necessary. The Contractor shall be entitled to the wholesale cost of the sod only, provided the loss of turf grass was not due to the negligence of the Contractor.
E. Turf Grass Irrigation
1. All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance.
2. Irrigation run-off and overspray shall be minimized.
3. Where possible the turf grass irrigation shall be on a separate program from other plant material irrigation.
4. Turf grass shall be irrigated in a method which promotes deep root growth.
11.GROUND COVER CARE
A. Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited to Arcto theca, gazania, vinca, lonicera, ivy, Trachelospermum, and varieties of ice plant.
B. Edging and Trimming of Ground Cover:
1. Edging of ground cover areas shall be performed monthly.
2. All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line.
3. All ground cover shall be continually trimmed at the drip line of all shrubs.
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4. All ground cover shall be continually trimmed along walls, valve boxes, water meter boxes, backflow devices, or other structures located within the ground cover area as determined by the Department.
5. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.
6. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.
7. After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.
C. Cultivation of Ground Cover Areas:
The open soil between plants shall be cultivated monthly where the planting permits.
C. Renovation of Ground Cover Areas:
Ground cover plantings shall be thinned and pruned for the health of the planting and the appearance of the site, or as required by the Department.
D. Replanting of Ground Cover Areas:
1. Replanting shall be required to maintain the continuity of the ground cover area.
2. Replacement material costs shall be incurred by the City; however, labor shall be provided by the Contractor at no additional cost to the City.
E. Ground Cover Irrigation:
1. All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance.
2. Irrigation run-off and overspray shall be minimized.
3. Ground cover areas shall be irrigated in a method which promotes deep root growth.
F. Ground Cover Fertilization:
1. The ground cover shall be fertilized quarterly to provide a healthy and vigorously growing ground cover with horticulturally acceptable growth and appearance, as determined by the Department.
2. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.
1. Contractors shall immediately irrigate after each fertilizer application.
2. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
3. Contractor shall notify the Department, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
a. Location and exact date the fertilizer application will be Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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performed.
b. Type of fertilizer and method of application to be used.
12.SHRUB CARE
A. Pruning of Shrubs:
1. All shrubs growing in the work areas shall be pruned as determined by the Department, to encourage healthy growth habits, removal of dead or damaged branches, and maintain natural shape.
a. Shrubs shall be pruned with sharp pruning tools.
b. Shrubs shall be pruned quarterly, to prevent encroachment of passage ways, walks, streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically pleasing landscape. c. All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.
d. Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
e. Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.
f. Shearing, hedging or severe pruning shall not be permitted without prior written permission from the Department.
B. Shrub Fertilization:
1. Shrubs shall be fertilized as necessary to maintain horticulturally acceptable health and color.
2. Foliar fertilization may be performed when appropriate.
C. Irrigation of Shrubs:
1. All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
2. Irrigation run-off and overspray shall be minimized.
3. Shrubs shall be irrigated in a method which promotes deep root growth.
D. Shrub Replacement:
1. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species and size of plant material that existed. Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor's faulty maintenance or negligence, as determined by the Department.
2. Substitutions for any plant materials must have prior written approval by the Department.
3. Original plans and specifications shall be consulted to determine correct Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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identification of species.
4. All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the Department.
E. Care shall be taken to prevent soil build-up around the crown of shrubs.
13. VINE CARE
1. Vines and espalier plants shall be checked regularly and secured to the wall or support on a weekly basis.
2. Vine Trimming:
1. All vines shall be trimmed a minimum of every three months.
2. All vines shall be maintained so encroachment into adjacent pedestrian rightof-way shrubs, ground cover or private property is inhibited.
3. Vine Irrigation:
1. All vines shall be irrigated to maintain a healthy and attractive appearance.
2. Where possible the vine irrigation shall be on a separate program from turf grass.
3. Vines shall be irrigated in a method which promotes deep root growth.
14. TREE CARE
Tree Trimming:
a) Contractor shall be responsible for all tree trimming, including the removal of palm fronds and flower stalks, to a height of twenty (20) feet. b) Contractor shall perform tree pruning to provide a well-groomed, "laced out" appearance for all trees which encourages air movement through the tree canopy.
c) All trees in the work site shall be maintained in their natural shapes.
This work shall be accomplished in a manner which will ensure that each individual tree is trimmed carefully to promote the tree's health and appearance. d) All work shall be of the highest quality and performed in accordance with approved professional tree trimming standards.
e) All trees shall be continually maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the collar to promote proper healing.
f) Pruning tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce spread of disease.
g) All sucker growth is to be removed from trees as it occurs. h) Contractor shall maintain all branches which encroach sidewalks at a minimum height of ten (10) feet clearance and a minimum fourteen (14) foot clearance for branches which encroach beyond the curb line into the street. i) All branches which encroach over private property shall be removed as directed.
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j) Contractor shall not remove or disturb any tree central leader without prior written approval from the Department.
A. Tree Staking:
4. Contractor shall, at no additional cost to the City, stake and tie all trees which require support.
5. Tree stakes shall be pentachlorophenol treated, lodgepole pine not less than eight feet (8') in length. Two (2) tree stakes are required per tree.
6. Guy wires where required will be of pliable, zinc-coated ten gauge wire (three ties per tree), and should have a white P.V.C. sleeve for visibility.
7. Trees shall be secured to stakes with cinch ties or equivalent. Contractor shall not use wire and hose.
8. Stakes shall not be placed closer than eight (8) inches from the tree trunk.
9. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and re-tied as necessary, to prevent girdling.
B. Tree Replacement:
1. Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Department. a. Replacement shall be made by the worksite Contractor with the kind and size determined by the Department.
b. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contractor's payment. c. In all cases the value of the trees lost will be determined by the Department, using the latest American Shade Tree Conference guidelines for value determination.
2. Downed trees, due to any cause, shall be removed and the stump ground to a depth of 12" and re-filled the same day of identification or notification.
3.Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor with a fifteen (15) gallon size tree and billed as "Additional Work". The Department may specify a species of tree for replacement different from the one lost.
C. Fertilization:
Contractor shall fertilize trees as necessary to maintain horticulturally acceptable health and color.
E. Tree Irrigation:
3. All trees shall be adequately irrigated to maintain a healthy and attractive appearance.
4. Irrigation run-off and overspray shall be minimized.
5. Trees shall be irrigated in a method that promotes deep root growth.
15. GREEN WASTE DISPOSAL
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A. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips and other garden organic materials.
B. Contractor shall be responsible for recycling all green waste generated from their contract performance.
6. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled.
7. Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling.
8. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. Payment of maintenance invoice will not be made until green waste monthly report is completed and received by the Department.
16. GENERAL CLEAN-UP
A. Trash Removal. Remove all trash and accumulated debris from the work sites. In addition, dog feces are also to be removed from the walkways, turf or ground cover areas.
B. Curb and Gutter Maintenance. The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area. The Contractor is responsible to insure the roadway is cleared of all dirt and debris within four (4') feet of the curb and gutter in all areas adjacent to maintenance responsibilities.
C. Walkway Maintenance. Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease and paint. All walkway cracks and expansion joints shall be always maintained weed and grass free.
D. Drain Maintenance. All drains and catch basins shall be always kept free of siltation and debris.
1. All v-ditches and drainage areas shall be kept clean and edged weekly by the Contractor.
E. Removal of Leaves. Accumulation of leaves shall be removed from all areas not less than once per week.
F. Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plant material (trees, shrubs, vines, ground cover, turf), whether a result of the Contractor’s negligence or an Act of God shall be removed by the contractor at no additional cost to the City.
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
EXHIBIT A
WATER RECLAMATION FACILITIES
• A-1
• A-2
• A-3
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• A-4
• A-5
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
EXHIBIT B
WATER FACILITIES
B-1
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• B-2
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• B-3
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• B-4
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• B-5
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Well 31 211 N. Buena Vista0.10
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Well 32/Well 33 3822 Grant St. (Home Gardens) 0.20
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Aquino Booster 1036 Aquino Cir . 0.20
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
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NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
NIB No. 26-025MB
CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
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CITY OF CORONA UTILITIES DEPARTMENT LANDSCAPE MAINTENANCE SERVICES FOR WATER AND WATER
RECLAMATION FACILITIES
• B-6
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
“Exhibit B-I”
WATER FACILITIES – Vacant Lots
7.Facility Address Approx. Acreage
• Vacant Lot 411 Rimpau Ave 0.33
Scope of Work
Weekly: abate weeds and remove rubbish.
(See Exhibit B-7)
8. Facility Address Approx. Acreage
• Vacant Lot APN119210042 (by 1130 W Rincon St) 0.10
Scope of Work
• Weekly: check irrigation, adjust and/or repair as necessary, abate weeds and remove rubbish.
• Monthly: trim groundcover and shrubs.
(See Exhibit B-8)
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
9. Facility Address Approx. Acreage
Scope of Work
• Vacant Lot APN1110191017 (11th and W. Grand Ave) 0.17 • Weekly: abate weeds and remove rubbish.
(See Exhibit B-9)
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
35 (CITY ATTY: 09-25)
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in this Exhibit “B”
The initial contract term will be for the period September 1, 2026 through June 30, 2028. • Option 1, if exercised, shall be effective July 1, 2028 through June 30, 2030 • Option 2, if exercised, shall be effective July 1, 2030 through June 30, 2032 No price increases will be permitted during the initial contract term. Any CPI-related price increase must be formally requested by the Contractor no later than sixty (60) days prior to July 1 of the applicable option year (i.e., by May 1 of that year). Requests submitted after this deadline will not be considered, and pricing shall remain unchanged for that year period.
Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index "All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
(CITY ATTY: 09-25)
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EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C”.
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
37 (CITY ATTY: 09-25)
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Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
38 (CITY ATTY: 09-25)
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Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
39 (CITY ATTY: 09-25)
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Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
40 (CITY ATTY: 09-25)
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Pursuant to Section 3.2.12 above the City will require the Contractor to provide performance and payment bonds for the amount of the total compensation listed in Section
3.3.1 above.
Docusign Envelope ID: F38953B1-0A31-85F3-80B2-1793A4CDB214 Docusign Envelope ID: 67E139E8-6C66-8210-838F-EB0AE5A13CFF Docusign Envelope ID: 6D76F393-A657-8268-818E-57C32EC27401
Certificate Of Completion
Envelope Id: 6D76F393-A657-8268-818E-57C32EC27401 Status: Completed Subject: Complete with Docusign: MGSA_Tropical_Plaza_Landscaping_Water-Water_Reclamation_Facilities_NIB2...
Source Envelope: 67E139E8-6C66-8210-838F-EB0AE5A13CFF
Document Pages: 76 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 0 Mahjabeen Basravi
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 20.38.2.147
Record Tracking
Status: Original
8/5/2026 1:17:04 PM
Holder: Mahjabeen Basravi
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Aftab Hussain
[email protected]
Assistant Utilites Dir.
City of Corona, CA
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 8/5/2026 1:24:10 PM
Viewed: 8/5/2026 1:35:43 PM
Signed: 8/5/2026 1:36:07 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Paul Lichtenberger
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address:
2600:1012:b31f:b2c6:99e6:6476:5857:7f1c
Signed using mobile
Sent: 8/5/2026 1:36:09 PM
Viewed: 8/6/2026 11:54:58 AM
Signed: 8/6/2026 11:55:10 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Tom Moody
[email protected]
Utilities Director
City of Corona
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 8/6/2026 11:55:11 AM
Viewed: 8/6/2026 1:44:35 PM
Signed: 8/6/2026 1:44:46 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Donna Finch
[email protected]
Community Services Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 8/6/2026 1:44:47 PM
Viewed: 8/6/2026 3:20:10 PM
Signed: 8/6/2026 3:20:15 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
mirna Romero
[email protected]
Management Analyst II
400 S Vicentia Ave, Corona, CA 92882
Security Level: Email, Account Authentication
(None)
Sent: 8/6/2026 3:20:17 PM
Viewed: 8/6/2026 3:24:33 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/5/2026 1:24:10 PM
Certified Delivered Security Checked 8/6/2026 3:20:10 PM Signing Complete Security Checked 8/6/2026 3:20:15 PM
Completed Security Checked 8/6/2026 3:20:17 PM
Payment Events Status Timestamps
JAMIER\09000.25600\10328865.1
DATE: 08/19/2026
TO: Honorable Mayor and City Council Members
FROM: Human Resources Department
2026-299
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ADOPTING THE CITY OF CORONA RESTATED SECTION 125
CAFETERIA PLAN
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider the adoption of Resolution No. 2026- 091, which adopts the City of Corona Restated Section 125 Cafeteria Plan. The Restated Section 125 Cafeteria Plan is being amended to delete obsolete provisions and to make it consistent with federal law, the City’s current practices, and the benefits provided to employees under the various labor bargaining agreements and benefit resolutions for unrepresented employees. The Restated Section 125 Cafeteria Plan would also allow employees to carryover a capped amount (currently $680) of unused health flexible spending account funds into the next plan year.
RECOMMENDED ACTION:
That the City Council approve Resolution No. 2026-091, adopting the City of Corona Restated Section 125 Cafeteria Plan and repealing Resolution No. 2009-123.
BACKGROUND & HISTORY:
A Section 125 plan is a written, employer-sponsored plan that allows employees to choose among two or more benefits. A Section 125 plan is a flexible, tax-advantaged way for employees to receive benefits while lowering taxable income. It benefits both
JAMIER\09000.25600\10328865.1
employees and employers by providing pre-tax options for health insurance premiums, dependent care, and other qualified benefits. Employees can elect to have money deducted from their gross pay to pay for qualified benefits such as health insurance premiums, health flexible spending accounts, and dependent care flexible spending accounts.
The City adopted the City of Corona Section 125 Cafeteria Plan (Plan) in November 1998.
The Plan was most recently updated in 2009 with the adoption of Resolution No. 2009- 123.
ANALYSIS:
In preparation for employee benefit administration for calendar year 2027, the Plan was comprehensively reviewed by City staff and legal counsel. The Plan has been amended to be consistent with current federal law, to better reflect the City’s practices in administering the Plan, and to maintain consistency with current labor agreements and benefit resolutions.
The Plan has also been amended to revise the options available to employees for any unused funds remaining in an employee’s health care flexible spending account at the end of the Plan year. Currently, the Plan provides a 3-month grace period after the Plan year ends, to incur and submit claims for eligible health expenses from that year and still be reimbursed. City staff is proposing to amend the Plan to eliminate the grace period and instead permit employees to carryover, or rollover, a capped amount of unused funds into the next Plan year. The carryover amount is established by the Internal Revenue Service (IRS) each year, which in 2026, amounts to $680. Employees will still be able to elect the full annual maximum for the next Plan year and stack it with the carryover amount. It should be noted that under IRS rules, this carryover option is not available for dependent care flexible savings accounts, so the grace period will remain in the Plan for such accounts.
FINANCIAL IMPACT:
There is no financial impact associated with the approval of the recommended actions, as the amendments update the City’s Section 125 Cafeteria plan to align with current requirements and practices.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action involves the amendment and adoption of a Section 125 Cafeteria Plan, which will not have any effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: JAMIE RAYMOND, ASSISTANT CITY ATTORNEY
JAMIER\09000.25600\10328865.1
REVIEWED BY: MARCUS RIDLEY, DEPUTY CHIEF TALENT OFFICER ATTACHMENTS:
1. Exhibit 1 – Resolution 2026-091 Adopting the City of Corona Restated Section 125 Cafeteria Plan
2. Exhibit 2 - City of Corona Restated Section 125 Cafeteria Plan (Redline)
RESOLUTION NO. 2026-091
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, ADOPTING THE CITY OF
CORONA RESTATED SECTION 125 CAFETERIA PLAN
AND REPEALING RESOLUTION NO. 2009-123
WHEREAS, the City of Corona (“City”) sponsors an eligible cafeteria plan to provide certain benefits on a pre-tax basis in accordance with Section 125 of the Internal Revenue Code with the City’s service provider, Nationwide; and
WHEREAS, on December 16, 2009, the City Council adopted Resolution No. 2009-123 to amend and adopt the City’s Section 125 Cafeteria Plan (“Plan”); and WHEREAS, pursuant to Section 14.2 of the Plan, the Plan may be amended by the City at any time and from time to time, by a written resolution adopted by a majority of the City Council; and
WHEREAS, the City desires to adopt the City of Corona Restated Section 125 Cafeteria Plan (“Restated Plan”) for administration by Nationwide effective for plan years beginning on or after January 1, 2027; and
WHEREAS, the Restated Plan incorporates Schedule “A” (Schedule of Benefits), currently identifying benefits which will periodically change as labor agreements are negotiated and the master list of benefits for unrepresented employees is updated by resolution, and, as such, it is necessary that the Administrator of the Restated Plan as designated herein, have the authority to automatically update or revise Schedule “A” as necessary upon City Council approval of changes to such benefits; and
WHEREAS, the City desires to repeal Resolution No. 2009-123.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Section 125 Cafeteria Plan. The City Council hereby adopts the City of Corona Restated Section 125 Cafeteria Plan attached hereto as Exhibit “A” and incorporated herein by reference and repeals the City of Corona Section 125 Cafeteria Plan adopted pursuant to Resolution No. 2009-123.
SECTION 3. Updates to Schedule “A”. The City Council hereby authorizes the City Manager, or his or her designee, to automatically update Schedule “A” (Schedule of Benefits)
of the Restated Plan as changes to the benefits referenced therein are approved by the City Council.
SECTION 4. Designation. The City Council hereby designates the City Manager, or his or her designee, as Administrator for the Plan.
SECTION 5. Authorization. The City Council hereby authorizes the City Manager, or his or her designee, to execute the Plan document on behalf of the City, along with any future amendments that contain only non-substantive and/or administrative changes to the Plan document, and any other documents necessary for the effective implementation of the Plan.
SECTION 6. Repeal of Resolution No. 2009-123. Resolution No. 2009-123 is hereby repealed and of no further force or effect.
PASSED, APPROVED AND ADOPTED this 19th day of August 2026.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of August 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of August 2026.
City Clerk of the City of Corona, California
[SEAL]
EXHIBIT "A"
CITY OF CORONA SECTION 125 CAFETERIA PLAN.
[SEE ATTACHED FIFTY-TWO (52) PAGES]
CITY OF CORONA
RESTATED SECTION 125 CAFETERIA PLAN
The CITY OF CORONA (the “Employer”) established the CITY OF CORONA RESTATED CAFETERIA PLAN (the “Plan”) for the benefit of its employees and their dependents effective November 1, 1998. The Employer hereby amends and restates the Plan, effective August 19, 2026
ARTICLE I
TITLE AND PURPOSE
This Cafeteria Plan shall be known as the CITY OF CORONA SECTION 125 CAFETERIA PLAN (the "“Plan"”). The purpose of the Plan is to furnish to eligible employees choices among certain Benefits provided by the Employer, so that employees may receive Benefits that best meet their individual needs. The Plan is intended to provide benefits in accordance with Sections 125, 105 and 129 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, so that the Benefits that an Employee elects to receive under the Plan are eligible for exclusion from the Employee’s income for federal income tax purposes. The Employer shall offer at least one permitted taxable benefit and at least one nontaxable qualified benefit.
The Plan is also intended to qualify under Sections 105(b) and 129(d) of the Internal Revenue Code with regard to the written documentation requirements for self-funded health care reimbursement and dependent care assistance plans.
ARTICLE II
COMPONENT PLANS
The Benefits offered under this Plan are provided through separate Component Plans which are set forth in separate plan documents, group insurance policies or administrative service contracts and are incorporated herein and identified in Schedule “A” attached hereto. Schedule “A” shall be updated administratively by the Administrator, or his or her designee, consistent with any changes to the Benefits or Employer Allowance approved by the City Council, or as required by federal or state law. Notwithstanding, the provisions of the separate Health Care Flexible Spending Account and Dependent Care Flexible Spending Account Component Plans are set forth in this Plan document.
ARTICLE III
DEFINITIONS
The following words and phrases, when used herein, shall have the following meanings, unless a different meaning is clearly required by the context:
3.1 Administrator. “Administrator” means the Employer or any person or entity appointed by the Employer to administer this Plan on its behalf, as provided in Article IV.
3.2 Benefit. “Benefit” means any of the qualified benefits and permitted taxable benefits which may be purchased under this Plan. “Benefits” shall also mean any amounts paid to a Participant in the Plan as reimbursement under the Health Care Flexible Spending Account (see Article X) or the Dependent Care Flexible Spending Account (see Article IX).
3.3 CalPERS. “CalPERS” shall refer to the Public Employees’ Retirement System created under the authority of the Public Employees’ Retirement Law as provided under Section 20000 et. seq. of the California Government Code and as administered by the CalPERS Board of Administration. ·
3.4 Code. “Code” means the Internal Revenue Code of 1986, as amended and regulations issued thereunder. References to any section of the Code include references to any comparable or succeeding provision of any legislation which amends, supplements or replaces such section.
3.5 Compensation. "Compensation" means all earnings of a Participant reportable on Form W-2 for the Plan Year but does not include any amounts received from a dependent care assistance plan, any pension or annuity, or as unemployment or worker's compensation in accordance with Section 129(e)(2) of the Code.
3.6 Component Plan. “Component Plan” means any plan offering Benefits available under this Plan; as set forth in the separate plan documents, except for the Health Care Flexible Spending Account (see Article X) and the Dependent Care Flexible Spending Account (see Article IX).
3.7 Core Coverage. “Core Coverage” means the Benefit option consisting of at least employeeonly health coverage under the plans offered by the Employer which a Participant, other than a Retiree, is required to elect under the terms described in Section 6.3.
3.8 Dependent. “Dependent” means (a) an individual who qualifies as the Participant's dependent under Code § 105(b); (b) any child of the Participant (within the meaning of Code § 152(f)(1)) who has not attained age 26, to the extent required by applicable federal law for purposes of the Employer's group health plans; and (c) solely for purposes of the Dependent Care Flexible Spending Account, a Qualifying Individual as defined in Code §§ 21(b)(1) and 129. The term "Dependent" shall be interpreted and administered in accordance with applicable provisions of the Code, the Affordable Care Act, and other applicable federal law. To the extent the eligibility requirements for a particular Benefit option differ under applicable law, the requirements applicable to that Benefit option shall control.
Notwithstanding the preceding, if a Component Plan permits a Participant to cover an individual other than the Participant’s Spouse or Dependent (including a Participant’s registered domestic partner as recognized by the State of California), the term Dependent as used throughout the Plan document shall also include such individual provided the benefit is treated as a taxable benefit in accordance with Section 8.7.
3.9 Effective Date. “Effective Date” means the effective date of this restatement which is August 19, 2026. The date this Plan was first adopted was November 1, 1998.
3.10 Employee. “Employee”” shall include any active employee of the Employer that is entitled to receive an Employer Allowance under a memorandum of understanding between the Employer and a bargaining unit of Employees. “Employee” shall also mean all other regular full time employees of the Employer and, to the extent necessary, former employees who are entitled to receive Benefits under this Plan.
3.11 Employer. “Employer” means the City of Corona.
3.12 Employer Allowance. “Employer Allowance” means the amount specified in Schedule “A” for the applicable employee group and contributed by the Employer on behalf of each Participant, other than a Retiree, toward the purchase of coverage under a Health Benefit Plan.
3.13 Entry Date. “Entry Date” means, for all newly hired Employees, the first day of the month following date of hire unless otherwise provided under the terms of the applicable memorandum of understanding. In all other cases, the “Entry Date” shall mean the first day of each Plan Year.
3.14 ERISA. “ERISA” means the Employee Retirement Income Security Act of 1974.
3.15 FMLA. “FMLA” means the Family Medical Leave Act of 1993, as amended and including all regulations issued thereunder.
3.16 Grace Period. “Grace Period” means the period commencing on the date immediately following the end of the Plan Year and ending no later than then fifteenth day of the third month following the end of the Plan Year.
3.17 Health Benefit Plan. “Health Benefit Plan” means any medical, dental, vision, or other group health benefit plan sponsored or maintained by the Employer and offered to eligible Employees or Retirees, including any health benefit plan made available through CalPERS, as designated by the Employer from time to time.
3.18 Leave of Absence. “Protected Leave of Absence” means any absence of an Employee which is authorized by the Employer and is state or federally protected under Family Medical Leave Act, California Family Rights Act, Pregnancy Disability Act, Workers’ Compensation Leave, Military Leave, or Kin Care Leave. “Unprotected Leave of Absence” means any absence of an Employee that may be authorized by the Employer but does not fall under any of the above
listed state or federal protections.
3.19 Medical Insurance Opt-Out. “Medical Insurance Opt-Out ” means the amount available to a Participant, other than a Retiree, in the event that such Participant satisfies the requirements for waiving the Core Coverage option pursuant to Section 6.3. Such amount shall be as set forth in the Schedule of Benefits for each Employee group as set forth in Schedule “A”.
3.20 Open Enrollment Period. “Open Enrollment Period" means the period before the beginning of the next Plan as determined by the Administrator. For a new Employee, “Open Enrollment Period” shall mean the period between the Employee’s date of hire and the first day which an Employee may become a Participant.
3.21 Participant. “Participant” means an Employee, and a Retiree with respect to the Employer Allowance only, who becomes enrolled in the Plan pursuant to Article V. “Participant” shall also mean a former Employee who elects to continue health coverage under the Plan.
3.22 Period of Coverage. “Period of Coverage” generally means the Plan Year beginning on January 1 and ending on December 31. A Participant’s Period of Coverage may be less than 12 months if a new Participant enters the Plan during the year or a Participant completes a permitted election change in accordance with Article VI. A Participant’s Period of Coverage shall also include continuation coverage elected by a terminated Participant or Qualified Beneficiary. A Participant’s Period of Coverage under the Health Care Flexible Spending Account or Dependent Care Flexible Spending Account shall not be less than twelve (12) months unless the Plan Year is a Short Plan Year.
3.23 Plan. “Plan” means the CITY OF CORONA RESTATED SECTION 125 CAFETERIA PLAN, set forth herein, including all subsequent amendments and modifications hereto.
3.24 Plan Year. “Plan Year” means the twelve (12) consecutive month period commencing January 1 and ending on December 31.
3.25 Retired Elected Officials. “Retired Elected Officials” shall refer to the following: (i) former members of the Employer’s legislative body elected prior to January 1, 1999 and who retired from the City of Corona under the CalPERS system on or prior to February 18, 2009; and (ii) any individual elected to serve as the treasurer of the City of Corona prior to· January l, 1999 and who retired from the City of Corona under the CalPERS system on or prior to February 18, 2009.
3.26 Retired M/C Personnel. “Retired M/C Personnel” shall mean employees of the Employer subject to the terms of the master list of Benefits for the Management, Confidential and Executive Employees established by resolution of the City Council , as amended from time to time, hired by the Employer prior to January 1, 1999 that are receiving retirement benefits under the Employer’s retirement plans.
3.27 Retiree. “Retiree” shall mean Retired Elected Officials or Retired M/C Personnel.
3.28 Salary Reduction. “Salary Reduction” means the amounts paid into the Plan pursuant to elections made by the Participant, to reduce his or her Compensation for the purchase of Benefits elected by the Participant.
3.29 Spouse. “Spouse” means the person to whom the Participant is legally married but shall not include an individual legally separated from a Participant under a decree of legal separation unless it is court ordered. Notwithstanding, a Participant’s registered domestic partner shall be entitled to and receive the same rights and coverage attributable to medical and health benefits offered under the Plan pursuant to the California Domestic Partner Rights and Responsibilities Act of 2003.
3.30 Student. “Student” means an individual who during each of the five calendar months during a Plan Year is enrolled as a full-time student at an “educational institution.” For this purpose, “educational institution” means any institution which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.
3.28 Uniformed Services. “Uniformed Services” means the Armed Forces, the Armed National Guard, and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or emergency.
ARTICLE IV
ADMINISTRATION
4.1 Allocation of Responsibility for Administration.
(a) Designated Representatives. The Employer may appoint an individual or an administrative committee to serve at its discretion as Administrator. The Administrator shall have only those powers, duties, responsibilities and obligations as are specifically given to the Administrator under the Plan.
(b) Employer Responsibilities. The Employer shall have the sole responsibility for making the contributions provided for under Article VII and shall have the sole authority to amend or terminate, in whole or in part, the Plan at any time. (c) Administrator’s Responsibilities. The Administrator shall have the sole responsibility for the administration of the Plan, as set forth herein. The Administrator warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions of the Plan authorizing or providing for such direction, information or action. The Administrator shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under this Plan and shall not be responsible for any act or failure to act of another Employee. Neither the Administrator, nor the Employer makes any guarantee to any Participant in any manner for any loss or other event because of the Participant’s participation
in the Plan.
(d) Transfer of Duties. The Employer may, at any time, assign all or any portion of the Administrator’s duties to a contracting third party.
4.2 Powers and Duties of Administrator.
(a) Powers and Duties Delegated to Administrator. The Administrator shall supervise the administration of the Plan. The Administrator shall be responsible for ensuring that the terms and conditions of the Plan are carried out for the exclusive benefit of persons entitled to participate in the Plan without discrimination. The Administrator shall have full power to administer the Plan, subject to the applicable requirements of the law and any agreement executed by and between the Employer and the Administrator. For this purpose, the Administrator’s powers shall include the following:
(1) to construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any Benefits hereunder; (2) to prescribe the procedures for the Participants to follow in filing applications for Benefits and to prepare forms to be used by the Participants; (3) to prepare and distribute, in such manner as the Administrator determines appropriate, information explaining the Plan;
(4) to receive from the Employer, Participants, Participant’s Spouses and Dependents, and other persons such information as shall be necessary for the proper administration of the Plan;
(5) to furnish to the Employer and the Participants, upon request, annual reports detailing the administration of the Plan;
(6) to receive, review and keep on file records pertaining to the Plan, as the Administrator deems convenient and proper;
(7) to allocate its administrative responsibilities;
(8) to appoint or employ individuals and any other Agents the Administrator deems advisable, including legal and actuarial counsel, to assist in the administration of the Plan (9) to adopt such rules as the Administrator deems necessary, desirable or appropriate, subject to applicable law. All rules and decisions of the Administrator shall be uniformly and consistently applied to all Participants in similar circumstances; and (10) to take all other steps necessary to properly administer the Plan in accordance with its terms and conditions and the requirements of the applicable law.
(b) Powers and Duties Not Delegated to Administrator. The Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to change or add to any Benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a Benefit under the Plan, except as may be expressly provided herein. Interpretations of the provisions of the Plan shall not be deemed to be additions, subtractions, or modifications of the Plan.
4.3 Nondiscriminatory Exercise of Authority. Whenever in the administration of the Plan any discretionary action by the Administrator is required, the Administrator shall exercise its authority in a nondiscriminatory manner so that all persons similarly situated shall receive substantially the same treatment.
4.4 Payments to Authorized Representatives. If a Participant or other person entitled to receive a payment under the Plan is deceased, legally incapacitated, or otherwise legally unable to receive the payment, the Administrator may make the payment to the Participant’s personal representative, conservator, guardian, attorney-in-fact acting under a valid power of attorney, or other person authorized under applicable law or a court order. The Administrator may rely in good faith on documentation reasonably establishing such authority, and any payment made in good-faith reliance on such documentation shall fully discharge the Employer, the Plan, and the Administrator with respect to the amount paid.
4.5 Indemnification of Administrator. The Employer agrees to indemnify any Employee serving as Administrator (including any Employee or former Employee who formerly served as Administrator), against any and all liabilities, damages, costs and expenses (including attorneys'’ fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is made in good faith pursuant to the provisions of the Plan and not as a result of the Administrator’s gross negligence or willful misconduct.
4.6 Use of Electronic Communications and Elections. To the extent permitted by applicable law, the Administrator may furnish any notice, disclosure, election form, reimbursement request, certification, consent, or other communication required or permitted under the Plan by electronic means, including electronic mail, an Internet or intranet website, or another electronic enrollment or benefits administration system designated by the Employer, provided the intended recipient has the effective ability to access the electronic medium used.
The Administrator may establish reasonable procedures governing the use of electronic communications and electronic signatures, including procedures for authentication of Participants, confirmation of elections, correction of errors, maintenance of records, and requests for paper copies of Plan communications. To the extent required by applicable law, a Participant shall be advised of the right to request a paper copy of any electronically furnished communication at no charge.
An election, consent, or other document submitted through an authorized electronic system in accordance with such procedures shall be deemed to satisfy any requirement under the Plan that
the communication be in writing or signed.
ARTICLE V
ELIGIBILITY AND PARTICIPATION
5.1 Eligibility. Each Employee and Retiree shall be eligible to participate in the Plan as of his or her Entry Date.
5.2 Participation and Elections. An Employee or Retiree may become a Participant by completing and submitting an enrollment form and any other forms or information required by the Administrator. A current Employee who elects to participate in any Benefit option through a Salary Reduction shall also complete and submit a Salary Reduction agreement in accordance with Section 6.2. A Retiree shall participate in accordance with the applicable enrollment procedures and payment requirements established by the Administrator.
A Participant’s election shall be effective for the applicable Plan Year. Unless otherwise provided by the Plan, the Administrator, or applicable law, an election of an insured Benefit option, including medical, dental, or vision coverage, shall automatically continue for the following Plan Year unless the Participant makes a timely election to change or revoke such election during the Open Enrollment Period.
Notwithstanding the foregoing, the Administrator may require an affirmative annual election, certification, or other documentation for any Benefit option for which annual elections are required or appropriate under applicable law or administrative procedures, including but not limited to Health Care Flexible Spending Account elections, Dependent Care Flexible Spending Account elections, and any Medical Insurance Opt-Out benefit.
The Administrator shall establish reasonable procedures for enrollment, elections, certifications, and administration of the Plan, including procedures applicable to Employees, Retirees, and Participants.
5.3 Recommencement of Participation. A former active Participant may recommence participation in the Plan on his or her date of reemployment as an eligible Employee. If a former active Participant is rehired by the Employer within 30 days of his or her date of termination, such Participant shall not be permitted to submit a new election and his or her prior election shall be reinstated for the remainder of the Plan Year. However, a reemployed former active Participant may not make a new election to participate in a Health Care Flexible Spending Account and/or dependent care flexible spending account which is effective during the same Plan Year in which he or she separated from service with the Employer.
Any employee who returns to active employment within ninety (90) days of completing a Protected Leave of Absence for duty in the Uniformed Services shall reenter the Plan upon reemployment. A Participant whose health coverage under the Plan is terminated on account of his or her being in “uniformed service”, and is later reinstated, shall not be subject to a new exclusion or waiting period requirement imposed by such Group Health Plan and/or Health Care
Flexible Spending Account, provided that such requirements would not have been imposed if coverage had not been terminated as a result of the “uniformed service.”
5.4 Leave of Absence. A Participant shall not be disqualified from participating in the Plan with respect to Core Coverage, dental and/or vision insurance or the Health Care Flexible Spending Account (“Health Benefits”) during the period in which the Participant is on an Protected Leave of Absence; provided that Participant continues to have an employment relationship with the Employer and arranges to continue to pay his or her required costs, if any, for coverage for the Health Benefits elected for the Plan Year.
The Employer shall continue to provide the Employer Allowance during the Participant’s Protected Leave of Absence irrespective of whether such leave is paid or unpaid.
However, a Participant who takes an unpaid Unprotected Leave of Absence, the Employer will not continue to provide the Employer Allowance during the Participant’s Unprotected Leave of Absence and the Participant shall be required to pay his or her required costs of coverage, if any, in the form provided in Section 8.2. Notwithstanding the preceding, the Participant may revoke his or her election to participate under any health Benefit offered under this Plan, for the remainder of the Plan Year in which such Unprotected Leave of Absence commences. Such revocation shall take effect in accordance with such procedures as prescribed by the Administrator.
If the Participant makes such an election, the Employer’s provision of the Employer Allowance shall also cease. Upon returning from an Unprotected Leave of Absence, a Participant may resume participation in the Plan on the same terms that applied immediately before the leave, as modified by any election changes validly made during the leave, and shall have such additional rights to make or change elections as are otherwise provided under the Plan.
Notwithstanding the foregoing, a Participant on either Protected or Unprotected Leave of Absence shall have no greater rights to Benefits for the remainder of the Plan Year in which the Leave of Absence commences as other Participants.
5.5 Cessation of Participation. An Employee shall cease to be a Participant under this Plan and therefore, under each Component Plan, as of the earliest of:
(a) the date on which the Participant separates from employment with the Employer; or
(b) the date on which the Administrator, on a consistent and uniform basis, deems the Participant has failed to make the required premium payments, if any, for the elected Benefits, as provided in Section 5.6; or
(c) the date on which the Participant is not eligible to participate in any of the Component Plans for which he or she wishes to make an election; or (d) the date on which the Participant dies; or
(e) the date on which the Plan terminates.
5.6 Cessation of Required Contributions. A Participant’s election to participate in the Plan may be terminated in accordance with Subsection 5.5(b) if the Participant fails to make the required premium payments with respect to a Benefit. In such case, that Participant may not make a new benefit election for the remaining portion of the Plan Year. In the event a Participant returns from a Protected or Unprotected Leave of Absence, the Participant may then elect to be immediately reinstated in the Plan on the same terms that applied to the Participant prior to the Leave of Absence.
5.7 Eligibility Under Component Plans. The eligibility of a Participant under a Component Plan shall be the same as set forth in this Article, unless otherwise specified in the Component Plan under which a Participant has elected to receive Benefits. Each Component Plan may provide more rigorous eligibility requirements which may cause a Participant to be ineligible to participate in a particular Component Plan but continue to be eligible to participate in this Plan.
ARTICLE VI
ELECTIONS AND PROCEDURES
6.1 Election of Benefits. Prior to the annual Entry Date (or the first Entry Date for newly hired Employees), there shall be an Open Enrollment Period during which the Employee may elect to participate in this Plan. During the Open Enrollment Period, the Administrator shall provide each Employee and Retiree with an enrollment form and for current or active employees a Salary Reduction Agreement. The Participant shall specify on his or her enrollment form the amount of Salary Reduction, if any, and Employer Allowance which are to be applied to provide the Benefits selected, subject to the limitations on use as set forth in this Plan.
6.2 Salary Reduction Agreement. Prior to participation and prior to each Plan Year, the Employee shall complete a Salary Reduction Agreement which shall include, at a minimum, the following information:
(a) that the enrollment form must be completed and returned to the Administrator during the Open Enrollment Period; and
(b) that the election shall be irrevocable and effective for the entire Plan Year for which the election is made, unless the Participant is entitled to change his or her election as provided in this Article VI; and
(c) that the Participant’s Salary Reduction shall be considered Employer contributions used to pay for Benefits under the Plan.
Salary Reductions shall be contributed to the Plan by the Employer, on behalf of a Participant on a level and pro rata basis for each payroll period. The Administrator, may, in its discretion, establish a limit on the amount of Salary Reductions which a Participant may elect for the Plan Year or adjust any Salary Reduction election made under the Plan, to ensure that the Plan complies
with the nondiscrimination provisions of Article XII.
6.3 Core Coverage - Mandatory Health Coverage. Each Employee shall be permitted to select among the Benefits made available under the Plan; however, each Employee shall be required to select Core Coverage under the Plan unless the Employee and his or her eligible Dependents, if any, are enrolled in another group health plan for the following Plan Year. An Employee shall only be exempt from electing a Core Coverage option upon completion of the following:
(a) The Employee shall provide the Administrator with satisfactory evidence substantiating that the Employee and his or her eligible Dependents, if any, are enrolled in a group health plan through another source for the following Plan Year and that the Core Coverage option would duplicate the other coverage.
(b) The Employee declines coverage under the Employer’s Health Benefit Plan and agrees in writing to hold the Employer harmless for any consequences resulting in the waiver of such coverage.
(c) The Employee acknowledges in writing that the Employee and his or her eligible Dependents, if any, shall not be permitted to enroll in health coverage under the Plan until the next Open Enrollment Period, subject to the terms and restrictions of the insurance provider. (d) The Employee completes and submits to the Administrator CalPERS HBD-12 form to decline health coverage through CalPERS.
In the event an Employee satisfies the requirements for waiving the Core Coverage option pursuant to this Section 6.3, Employee shall receive the Medical Insurance Opt-Out in lieu of the Employer Allowance. The Employee may apply the Medical Insurance Opt-Out toward other Benefit options made available under this Plan, including the cash option described in Section
7.1(c). The amount of the Medical Insurance Opt-Out made available to the Employee shall be based upon the opt-out provisions for the respective employee group, as set forth on Schedule “A”.
6.4 Failure to Make Initial Election. If an Employee who first becomes eligible fails to return a completed enrollment form before the end of the Open Enrollment Period and does not affirmatively opt out of Core Coverage in accordance with Section 6.3, the Employee shall be automatically enrolled in employee-only Core Coverage under the Health Benefit Plan designated by the Employer or Administrator if permitted by the CalPERS health program. Any optional employee-paid benefits available under this Plan shall be deemed declined unless affirmatively elected by the Employee.
6.5 Elections for Subsequent Plan Years.
(a) Open Enrollment Period. An Open Enrollment Period shall occur prior to the beginning of each Plan Year. During the Open Enrollment Period, a Participant who wishes to
change his or her existing elections shall have the opportunity to elect new or different coverage under the Plan effective for the subsequent Plan Year subject to the terms and conditions of the Component Plans.
(b) Failure to Reelect. If a Participant fails to designate on the election form how he or she wishes to allocate the Employer Allowance but remains eligible to participate, the Participant shall be deemed to have elected to allocate the Employer Allowance towards the premium for Core Coverage, as determined by the Administrator on a uniform and nondiscriminatory basis. (c) Flexible Spending Accounts. Elections to contribute to the flexible spending accounts must be affirmatively elected each year by the Participant and a failure to reelect shall result in nonparticipation under the flexible spending accounts. (d) Continuation Coverage. During an Open Enrollment Period, any Participant, or a Qualified Beneficiary thereof, that has elected continuation of health coverage under the Plan, shall have the opportunity to elect new or different coverage under the Plan effective for the subsequent Plan Year. However, any such election shall be limited to health care options available under the Plan.
6.6 Special Enrollment Period. In accordance with the Code Section 9801(f) and the regulations issued by the Department of Health and Human Services, an eligible Employee or Dependent, who either incurs a loss of health coverage or becomes otherwise eligible for health coverage under this Plan shall be permitted to enroll for health coverage under the Plan in accordance with one of the special enrollment periods described in paragraphs (a) and (b) below. (a) Loss of Health Coverage. An Employee who is otherwise eligible to enroll in the Plan but has not enrolled, or an eligible Dependent who is not enrolled under the Plan, shall be permitted to enroll in the Plan if:
(1) The Employee or Dependent was covered under another group health plan or had alternate health insurance coverage (“Prior Health Coverage”) at the time coverage under this Plan was previously offered to the Employee.
(2) The Employee stated in writing at such time that Prior Health Coverage was the reason for declining enrollment.
(3) The Employee’s or Dependent’s Prior Health Coverage was either:
(i) under a continuation coverage provision and the coverage period was exhausted; or
(ii) was terminated as a result of loss of eligibility (including a result from a change in family status) or employer contributions toward such coverage were terminated. (4) The Employee requests enrollment under the Plan not later than thirty (30)
days after the loss of the other coverage or employer contribution. (b) Dependent Special Enrollment Period. Any Employee, regardless of whether said Employee is currently enrolled for health coverage under the Plan, who experiences an increase in the number of Dependents whether through marriage, birth, adoption or placement for adoption, shall be permitted to enroll for health coverage under the Plan. In such event, Employee shall have the opportunity to enroll all other Dependents who are otherwise eligible for coverage, including the Employee if not enrolled, provided the Employee elects enrollment within thirty (30) days after the date of the marriage, birth, adoption, or placement for adoption. (c) Health Care Flexible Spending Account. Notwithstanding the foregoing, the special enrollment rights conveyed under this Section shall not extend to include an election to contribute to a Health Care Flexible Spending Account offered under the Plan.
6.7 Revocability of Elections. Except as otherwise provided in this Plan, a Participant's election for a Plan Year is irrevocable. Notwithstanding the foregoing, the Administrator may permit a Participant to revoke an election and make a new election during a Plan Year to the extent permitted under Section 125 of the Code, Treasury Regulation § 1.125-4 (or any successor regulation), and the terms of this Plan, including the following:
(a) a change in family status, as described in Section 6.9; (b) a significant change in the cost of coverage of the Benefits, as described in Sections
6.10 and 6.11;
(c) a qualified medical child support order, as described in Section 6.12; (d) eligibility for continuation coverage under Article XI, as described therein; (e) special enrollment rights under HIPAA;
(f) entitlement to or loss of entitlement to Medicare or Medicaid; (g) a change in employment status affecting eligibility for coverage; (h) a change in residence affecting eligibility for coverage; (i) Any other event for which a mid-year election change is permitted under Section 125 of the Code, applicable Treasury Regulations, or other applicable IRS guidance, as determined by the Administrator.
6.8 Participant Makes Incorrect Election. If a Participant does not elect the correct amount under his or her Salary Reduction to pay for coverage of the Benefits selected under the Plan, the Administrator is authorized to increase or decrease a Participant’s Salary Reduction by the amount necessary to provide the Participant’s elected coverage under the Plan.
6.9 Change in Family Status. A Participant may make a change in coverage during a Plan Year due to a change in family status, as set forth in this Section. A Participant must notify the Administrator and must complete a new election form to change coverage. The Participant’s election shall only be deemed valid if the requested change in coverage is necessitated by and corresponds with the change in family status and is consistent with the terms and conditions of the affected Component Plan. A Participant must notify the Administrator and submit a completed election form requesting the change no later than thirty (30) days after the applicable change in family status (or such longer period as required by applicable law). This election shall be effective as of the first day of the month following the date the Participant provides the Administrator with a new election form reflecting the change in coverage due to a change in family status.
A change in family status shall include the following:
(a) a change in the Participant’s marital status, including marriage, death of Spouse, divorce, legal separation, or annulment;
(b) a change in the number of Dependents of a Participant, including a birth of a child, adoption, placement for adoption, or death of a Dependent; (c) any change in the employment status of the Participant, Spouse or Dependent which results in that individual becoming or ceasing to be eligible under this Plan or other employee benefit plan maintained by the employer of the Participant, Spouse or Dependent, including a termination or commencement of employment; a strike or lockout; a commencement or return from an unpaid leave of absence (including leave taken under FMLA); a change in work site; or a reduction or increase in hours of employment (including a switch between part-time and full-time); (d) a Dependent satisfies or ceases to satisfy the eligibility requirements for coverage due to attainment of age, Student status, or any similar circumstances as provided under the Component Plan under which the employee receives coverage; (e) a change in the place of residence of the Participant, Spouse, or Dependent; and (f) a Participant, Spouse, or Dependent becoming or ceasing to be entitled to coverage under Medicare or Medicaid.
To the extent the Code, and regulations issued thereunder, alters this definition of change in family status, this Section 6.9 is intended to be interpreted in accordance with any revised definition or interpretation.
6.10 Change in Cost of Benefit.
(a) Insignificant Change. If the cost of any Benefit offered under the Component Plans (except a Component Plan which provides for the reimbursement of health or dependent care expenses) increases or decreases during the Plan Year, the Administrator may, on a reasonable and
consistent basis, automatically increase or decrease a Participant’s Salary Reduction by a corresponding amount to ensure that the Participant continues to receive the elected coverage under the Component Plans; provided, however, that if the increase or decrease is a significant change in cost, that the Participant shall be given the option to elect to change his or her Benefits, as further explained in (b) below.
(b) Significant Increase in Cost of Benefit. If the cost of a Benefit option (other than a Component Plan which provides for the reimbursement of health or dependent care expenses) significantly increases during a Plan Year, all affected Participants may make a corresponding change in their Benefit election under the Plan. Changes that may be made include the following:
(1) In the case of a Benefit option which has experienced a significant decrease in cost, a Participant may make a prospective change to an election to commence participation in that Benefit option.
(2) In the case of a Benefit option what has experienced a significant increase in cost, a Participant may change an election to terminate such coverage and either, elect prospective coverage under another Benefit option providing similar coverage or drop coverage if no other Benefit option providing similar coverage is available.
For purposes of this Section 6.10(b), a “cost of increase or decrease” refers to an increase or decrease in the amount of the Salary Reductions contributed by a Participant under the Plan, whether that increase or decrease results from an action taken by the Employee (such as switching between full-time and part-time status) or from an action taken by the Employer (such as reducing the amount of Employer contributions for a class of Employees). (c) Dependent Care Flexible Spending Account. In the case of a Participant’s election to contribute under the Dependent Care Flexible Spending Account, a Participant’s prior election may be changed only if the cost change is imposed by a Dependent Care Provider who is not a relative of the employee.
6.11 Significant Change in Coverage of Component Plan Benefit. (a) Significant Curtailment Without Loss of Coverage, If a Participant or a Participant’s Spouse or Dependent experiences a “significant curtailment of coverage” under a Benefit option that is not a loss of coverage, including a significant increase in the deductible, copayment, or the out-of-pocket cost sharing limit under a Group Health Plan; the Participant may revoke his or her election for such coverage and prospectively elect to receive coverage under another Benefit option providing similar coverage. For purposes of this Section, “significant curtailment of coverage” under a Component Plan occurs only if there is an overall reduction in coverage provided under the Component Plan so as to constitute reduced coverage generally. In this regard, the loss of one particular physician in a health care provider network in most cases will not qualify for a significant curtailment of coverage under this Section.
(b) Significant Curtailment With Loss of Coverage. If a Participant or a Participant’s Spouse or Dependent experiences a significant curtailment of coverage that is a “loss of coverage” under a Benefit option, the Participant may revoke his or her election for such coverage and elect either to receive coverage under another Benefit option providing similar coverage or to drop coverage if no other Benefit option providing similar coverage is available under the Plan. For this purpose, a “loss of coverage” means a complete loss of coverage under a Benefit option, including the elimination of a Benefit option, an HMO ceasing to be available in the area where the individual resides, or the individual losing all coverage under the Benefit option by reason of an overall lifetime or annual limitation under a Group Health Plan. In this regard, each of the following is considered to be a “loss of coverage” under this Section:
(1) a substantial decrease in the medical care providers available under the Benefit option (such as a major hospital ceasing to be a member of a preferred provider network or a substantial decrease in the physicians participating in a preferred provider network or an HMO;
(2) a reduction in the Benefits for a specific type of medical condition or treatment with respect to which a Participant or the Participant’s Spouse or Dependent is currently in a course of treatment; or
(3) any other similar fundamental loss of coverage.
(c) Addition or Improvement of Benefit Option. If during the Plan Year, a Component Plan adds a new Benefit package option or other coverage option, or if coverage under an existing Benefit option is significantly improved, any Participant or Employee, who is otherwise eligible to participate in the Plan, may revoke their election under the Plan for the Plan Year and make an election on a prospective basis for coverage under the new or improved Benefit option. (d) Change In Coverage Under Another Employer Plan. A Participant, or an Employee who is otherwise eligible to participate in the Plan but has elected not to participate, may make a prospective election change that is on account of and consistent with a change made under another Group Health Plan (including a plan of the Employer or another employer) by the Employee or the Employee’s Spouse or Dependent, provided the other employer plan allows participants to make an election change that would be permitted under the rules of IRS Reg. §1.125-4(c) and as provided in this Plan.
6.12 Qualified Medical Child Support Order. A Participant may make a change in coverage during a Plan Year to provide health coverage under the Plan for Participant’s Dependent pursuant to the terms of a judgement, decree, or order resulting from a family law proceeding, including a “qualified child support order” as defined under ERISA Section 609, requiring Participant to provide health coverage for the Dependent. The Participant may also make a change which cancels health coverage for the Participant’s Dependent provided the order requires the Spouse, former Spouse, or other individual to provide health coverage for the Dependent.
ARTICLE VII
EMPLOYER ALLOWANCE
7.1 Employer Allowance. The Employer shall contribute on behalf of each Participant an Employer Allowance in an amount to be determined each Plan Year by the Employer for each employee group in accordance with the provisions set forth in Schedule “A”. Schedule “A” shall be updated or revised as required after such time the City Council has approved the Employer Allowance authorized by the labor contracts or the memorandum of understanding with the identified labor associations, the Benefits for the Management, Confidential, Executive Employees, and Retirees established by resolution of the City Council. The Employer Allowance shall be credited to each Participant as of the first day of each month in each Plan Year during which he or she is a Participant under the Plan and can only be used to purchase Core Coverage, unless the provisions of Section 7.1(b) apply. The Employer shall inform the Participant of the amount of the Employer Allowance available for each Plan Year during the Open Enrollment Period. Notwithstanding the preceding, a Participant that satisfies the requirements for waiving the Core Coverage option pursuant to Section 6.3 shall receive the Medical Insurance Opt-Out set forth in Schedule “A” in lieu of the Employer Allowance. (a) Designated Employer Contribution. Unless the Participant satisfies the requirements for waiving the Core Coverage option pursuant to Section 6.3, a portion of the Employer Allowance shall be designated as the Employer’s contribution towards health coverage under the Public Employees’ Medical and Hospital Care Act. The amount shall be determined pursuant to Section 22892 of the California Government Code in accordance with the Employer’s resolution filed with the California Public Employees’ Retirement System. (b) Unused Employer Allowance. If a Participant elects Core Coverage having aggregate costs less than the Participant’s Employer Allowance, the remaining amount may be used to offset the cost of coverage under the City’s dental and/or vision plans elected by the Participant. No Participant shall be entitled to the cash value of any unused Employer Allowance. (c) Special Rule Regarding Medical Insurance Opt-Out. In the event a Participant elects to waive coverage under the Employer’s Health Benefit Plan in accordance with Section
6.3, he or she shall receive the Medical Insurance Opt-Out determined on the basis of such Participant’s employee bargaining group, as set forth on Schedule “A” and the enrollment form and Salary Reduction Agreement. The Participant shall receive the Medical Insurance Opt-Out as taxable cash. The Medical Insurance Opt-Out shall be paid by the Employer in twenty-four (24) equal installments payable during the first two payroll dates of each month during the Plan Year.
7.2 Nature of Employer Allowance. No money shall actually be allocated to any account(s) on behalf of Participants. The Employer Allowance credited to a Participant shall be of a memorandum nature, the amount of which is maintained by the Administrator for accounting purposes and shall not be representative of any identifiable trust assets.
ARTICLE VIII
FUNDING AND AVAILABLE BENEFITS
8.1 Funding. The Benefits provided herein shall be paid by the Employer; provided, however, that the Employer’s payments under the Plan shall be limited to such amounts of Compensation as a Participant elects to forego pursuant to his or her Salary Reduction Agreement and the Employer Allowance, or if the Participant satisfies the requirements for waiving the Core Coverage option pursuant to Section 6.3, the Medical Insurance Opt-Out.
8.2 Payment of Contributions While on an Unpaid Leave of Absence. If a Participant takes an unpaid Leave of Absence, whether protected or unprotected, continuation of coverage under any health Benefit elected by the Participant shall be subject to the terms and conditions of the applicable Health Benefit Plan, the Participant’s continued eligibility for coverage, the rules of the CalPERS Health Benefits Program under the Public Employees’ Medical and Hospital Care Act (“PEMHCA”), if applicable, and applicable federal, state, and local law.
To the extent a Participant remains eligible for coverage during an unpaid Leave of Absence, the Participant may be required to make payments directly to the applicable Health Benefit plan or carrier in accordance with the procedures established by the Administrator, CalPERS, or the applicable Health Benefit plan. For Participants enrolled in a PEMHCA plan, such payments may include the full applicable monthly premium under the CalPERS Direct Payment process, rather than only the Participant’s normal employee contribution, as provided under the applicable CalPERS rules and the Employer’s applicable policies.
Any employee contribution that is required to be made through this Plan on an after-tax basis during an unpaid Leave of Absence shall be administered in accordance with applicable federal tax law. No pre-tax salary reduction shall be made under this Plan from compensation that is not otherwise available to the Participant.
If coverage is not continued through the CalPERS Direct Payment process or other applicable continuation arrangement, or if the Participant otherwise experiences a loss of coverage that gives rise to a right to continuation coverage under COBRA or other applicable law, continuation coverage shall be offered and administered in accordance with the applicable COBRA requirements, the applicable CalPERS procedures, and the terms of the applicable Health Benefit plan. COBRA continuation coverage shall be subject to the applicable COBRA premium, election, payment, notice, and termination requirements.
Failure to make any required payment for continued coverage may result in termination of coverage in accordance with the terms of the applicable Health Benefit plan, CalPERS procedures, COBRA requirements, and other applicable law, including any applicable notice and grace-period requirements. The Administrator shall not terminate coverage solely by reason of a missed payment except in accordance with those applicable requirements.
Nothing in this provision shall be construed to require the Employer to continue making an employer contribution toward a Participant’s Health Benefits during an unpaid Leave of
Absence unless such contribution is required by applicable law, the applicable CalPERS contract or resolution, the applicable Health Benefit plan, collective bargaining agreement, personnel policy, or other governing Employer policy.
Nothing in this provision shall limit any rights or obligations applicable to a Participant on FMLA, CFRA, pregnancy disability leave, military leave, or any other legally protected leave.
8.3 Uniformed Service Under USERRA. In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1991(“USERR.A”), a Participant who is absent from employment with the Employer on account of being in the Uniformed Services as defined in Section 3.28, may elect to continue participation in the Plan. The coverage period shall extend for the lesser of eighteen (18) months or until the Participant fails to apply for reinstatement or to return to employment with the Employer. The Participant shall be responsible for making the required contributions to pay for Benefits elected during the period during which he or she is in Uniformed Service. The manner in which such payments are made shall be determined by the Administrator, in a manner similar to the payment of contributions with respect to a Leave of Absence.
8.4 Provision of Benefits. The Employer shall provide those Benefits elected by a Participant on his or her election form for any Period of Coverage in accordance with such election. The Benefits shall be provided pursuant to the terms and conditions of the Component Plans, where applicable, as shall be set forth from time to time in the individual Component Plan documents; provided, however, that the terms and conditions of the Component Plans are not inconsistent with the terms and-conditions of this Plan. No Benefit under the Plan shall be paid in any manner that defers the receipt of Compensation beyond the last day of the Plan Year except as specifically provided in Sections 9.8 with respect to the Grace Period for reimbursement of Eligible Dependent Care Expenses and Section 10.8 with respect to the carryover provisions for the reimbursement of Eligible Medical Care Expenses.
8.5 Cash Payments. Any cash to be paid to a Participant resulting from the Medical Insurance Opt-Out shall be added to his or her taxable Compensation and shall be paid in twenty-four (24) equal installments payable during the first two payroll dates of each month during the Plan Year, subject to any applicable wage withholding or similar taxes. No Benefit under the Plan shall be paid in any manner that defers the receipt of Compensation beyond the last day of the Plan Year.·
8.6 Flexible Spending Accounts. The amounts designated by the Participant to be applied for health care reimbursement or dependent care assistance shall be credited to a separate ledger account in the Participant’s name. Any amounts credited to a Participant’s Health Care Flexible Spending Account for any Plan Year shall be used only toward the payment of or reimbursement for Participant’s Eligible Medical Care Expenses, as that term is defined in Section 10.2(a) below, incurred for such Plan Year, as determined under Article X. Likewise any amounts credited to a Participant’s dependent care flexible spending account for any Plan Year shall be used only toward the payment of or reimbursement for Participant’s Eligible Dependent Care Expenses, as that term is defined in Section 9.2(d) below, incurred for such Plan Year, as determined under Article IX.
8.7 Taxable Benefits. If offered by the Employer, Employees shall be permitted to elect to receive certain permitted taxable benefits. An Employee receiving such benefits shall be treated as having received, at the time that the Benefit is received, cash compensation equal to the full value of the Benefits and then subsequently purchasing the Benefits with after-tax Employee contributions. For example, the Employer may allow Participants to elect health coverage under the Employer’s Health Benefit Plan for an individual who is not the Spouse or Dependent of the Participant; provided, however, that the fair market value of such health coverage is included in the Participant’s W-2 taxable income.
ARTICLE IX
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT
9.1 Component Plan. This Article IX sets forth the provisions of the CITY OF CORONA DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN (“Dependent Care Flexible Spending Account” or “Dependent Care FSA”). Benefits under the Dependent Care FSA shall be provided through reimbursement of Eligible Dependent Care Expenses incurred by a Participant during the Participant’s Period of Coverage, subject to the requirements and limitations of Code Sections 125 and 129 and the regulations and guidance thereunder. A Participant shall be entitled to reimbursement only for Eligible Dependent Care Expenses incurred during the period in which the Participant is covered under the Dependent Care FSA, including any applicable Grace Period.
9.2 Definitions. For purposes of this Article IX, the following definitions shall supplement the definitions contained elsewhere in the Plan. To the extent of any conflict, the definitions in this IX shall control with respect to the Dependent Care FSA; provided, however, that applicable provisions of the Code and Treasury Regulations shall control to the extent required by law. (a) Qualifying Day Care Center. “Qualifying Day Care Center” means facility that satisfies the requirements of Code Section 21(b)(2)(D), including a facility that provides care for more than six individuals (other than individuals who reside at the facility) on a regular basis during the taxable year and that complies with applicable laws and regulations of the state or local jurisdiction in which it is located and receives a fee, payment or grant for providing such care, whether or not operated for profit).
(b) Qualifying Individual. “Qualifying Individual’ means an individual who satisfies the requirements of Code Sections 21(b)(1) and 129, as applicable, including:
(1) a Qualifying Child who is under age 13 when the Eligible Dependent Care Expense is incurred; or
(2) a Spouse or other individual who is physically or mentally incapable of caring for himself or herself and who satisfies the applicable residence and dependency requirements under Code Section 21(b)(1).
For purposes of determining whether an individual is a Qualifying Individual, the applicable requirements of the Code and Treasury Regulations shall apply. (c) Qualifying Dependent Care Services. “Qualifying Dependent Care Services” means employment-related dependent care services described in Code Sections 21(b)(2) and 129, including services performed in or outside the Participant’s home, that are incurred for the purpose of enabling the Participant and, if married, the Participant’s Spouse to be gainfully employed or to actively seek employment, subject to the requirements of applicable law.
An expense shall not be an Eligible Dependent Care Expense if the expense is paid to:
(1) the Participant’s Spouse;
(2) a person whom the Participant is entitled to claim as a dependent for federal income tax purposes;
(3) the Participant’s child who is under age 19 as of the close of the taxable year; or
(4) the parent of the Participant’s Qualifying Child if the Qualifying Child is under age 13.
(d) Eligible Dependent Care Expense. “Eligible Dependent Care Expense” means an expense for Qualifying Dependent Care Services that satisfies the requirements of Code Sections 21 and 129 and the applicable Treasury Regulations and that is incurred during the Participant’s Period of Coverage or applicable Grace Period. An expense is incurred when the Qualifying Dependent Care Services giving rise to the expense are provided, regardless of when the Participant is billed for or pays the expense.
Expenses for nonrefundable registration, enrollment, or similar fees shall be eligible only to the extent permitted under applicable law and the fees are allocable to Eligible Dependent Care Expenses. No expense shall be eligible to the extent it is attributable to education, meals, transportation, lodging, entertainment, or other services that do not constitute employment-related dependent care under applicable law.
9.3 Annual Election. For each Plan Year an eligible Employee who elects to participate in the Dependent Care FSA shall affirmatively elect the amount of Compensation to be contributed through a Salary Reduction for that Plan Year, subject to the applicable annual limit established by the Plan and the limitations by Code Section 129.
The maximum amount that may be elected for a Plan Year shall not exceed the lesser of:
(a) the annual amount permitted under Code Section 129(a)(2), as amended from time to time, subject to any lower maximum established by the Plan; (b) the Participant’s earned income for the taxable year, if Participant is unmarried at the close of the taxable year; or
(c) the lesser of the Participant’s earned income or the Partcipant’s Spouse’s earned income for the taxable year, if the Participant is married at the close of the taxable year.
The applicable earned-income limitation shall be determined in accordance with Code Section 129 and the applicable Treasury Regulations. If the Participant’s Spouse is a full-time student or is physically or mentally incapable of caring for himself or herself, the Spouse’s earned income shall be determined in accordance with the special rule provided under Code Sections 21(d) and 129.
The maximum amount available under this Section shall be reduced, as required by Code Section 129, by dependent care assistance provided to the Participant or the Participant’s Spouse under any other dependent care assistance program or arrangement that is required to be taken into account for purposes of Code Section 129
9.4 Dependent Care Flexible Spending Account. The Dependent Care FSA shall be maintained as an unfunded bookkeeping account established for each Participant in accordance with the Participant’s annual election. The account shall be credited with amounts contributed through Salary Reduction and debited for reimbursements of Eligible Dependent Care Expenses.
Because the uniform coverage rule applicable to health flexible spending arrangements does not apply to dependent care assistance programs, reimbursement of Eligible Dependent Care Expenses shall be limited to the Participant’s unused account balance attributable to contributions actually made and available for reimbursement at the time the claim is approved, subject to the applicable Grace Period and other provisions of this Article IX
9.5 Reimbursement of Eligible Expenses. A Participant shall be entitled to reimbursement only for Eligible Dependent Care Expenses that have been incurred and properly substantiated in accordance with the Plan’s claims procedures. An Eligible Dependent Care Expense shall be considered incurred when the Qualifying Dependent Care Services giving rise to the expense are provided regardless of when the Participant is billed for or pays the expense. Reimbursement may be made after a Participant’s cessation of participation to the extent the expense was incurred while the Participant was covered under the Dependent Care FSA and the claim is otherwise timely and properly submitted under the Plan.
9.6 Limitations on Reimbursement and Forfeiture. The total amount reimbursed to a Participant for any Plan Year and appliable Grace Period shall not exceed the amount of Eligible Dependent Care Expenses incurred during the applicable period and the amount available in the Participant’s Dependent Care FSA for reimbursement.
Amounts elected but not used for Eligible Dependent Care Expenses within the applicable Plan Year and Grace Period shall be forfeited, subject to any rights expressly provided under applicable law or the Plan’s claims and forfeiture provisions.
No reimbursement shall be made unless the expense has been properly substantiated in
accordance with the Plan’s claims procedures.
9.7 Claims for Benefits. A Participant seeking reimbursement under the Dependent Care FSA shall submit a claim to the Administrator or its designated claims administrator in the form and within the time prescribed by the Administrator. The Administrator may require such information and documentation as is reasonably necessary to determine whether an expense is an Eligible Dependent Care Expense and to satisfy the substantiation requirements of Code Section 125 and 129.
Such information or documentation may include, as applicable:
(a) the name and identifying information of the Qualifying Individual for whom the expense was incurred;
(b) the dates and nature the Qualifying Dependent Care Services; (c) the name, address, and taxpayer identification number of the care provider, except to the extent not required by appliable law for a tax-exempt provider; (d) the amount of the expense and evidence that the expense has been incurred; (e) the relationship, if any, between the Participant and the care provider; (f) information necessary to establish that the expense was incurred to enable the Participant and, if applicable, the Participant’s Spouse to be gainfully employed or to actively seek employment;
(g) information concerning the Participant’s and, if applicable, Participant’s Spouse’s earned income and any applicable Student or incapacity status; and. (h) information concerning dependent care assistance received under any other plan or arrangement, to the extent necessary to administer the Plan in accordance with Code Section 129.
The Administrator may rely upon information and documentation submitted by the Participant, subject to applicable substantiation requirements. The Administrator shall process properly submitted claims in accordance with the Plan’s claims procedures.
9.8 Time Limit; Grace Period. Claims for Eligible Dependent Care Expenses incurred during Plan year must be submitted within the run-out period established by the Administrator following the end of the Plan Year. During the Grace Period, amounts remaining from the immediately preceding Plan Year may be used to reimburse Eligible Dependent Care Expenses incurred during the Grace Period.