23152.04000\42402756.1
20 3.15.1 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 Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.3 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 effected bond within (ten) 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the C ontract for cause.
3.15.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds 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.
3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and
23152.04000\42402756.1
21 manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City , regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor ’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.17 Employee/Labor Certifications.
3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s 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 Work. A certification form for this purpose, which is attached to this Contrac t as Exhibit “D” and incorporated herein by referenc e, shall be executed simultaneously with this Contract.
3.17.2 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.
3.17.3 Verification of Employment Eligibility . By executing this Contract, 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 Ac t of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.17 or any of its sub-sections.
3.18 General Provisions.
3.18.1 City’s Representative. The City hereby designates the Deb Farrar, Community Services Director, or their designee, to act as its representative for the performance of this Contract ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory
23152.04000\42402756.1
22 coordination of all portions of the Work under this Contract. Contractor ’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate this Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offse t City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
Contractor shall be required to provide such document and other information within fifteen (15) days of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of t he Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.
3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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. Section 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, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
23152.04000\42402756.1
23 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
THREE PEAKS CORP.
PO BOX 101
CALIMESA, CA, 92320
ATTN: ERIK SIMMONS, PRESIDENT
CITY:
CITY OF COLTON
650 NORTH LA CADENA DRIVE
COLTON, CA 92324
ATTN: DEB FARRAR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.18.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.18.10 Laws, Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
23152.04000\42402756.1
24 3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.18.14 Conflict of Interest. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to 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 Work.
3.18.15 Certification of License.
3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors ’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.18.16 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
23152.04000\42402756.1
25 3.18.20 Federal Provisions. When funding for the Work is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the p rovisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.
[Signatures on Next Page]
23152.04000\42402756.1
26 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF COLTON
AND GREAT WESTERN INSTALLATIONS
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 5th day of November, 2025.
CITY OF COLTON THREE PEAKS CORPORATION
By: ____________________________ By: _________________________ WILLIAM R. SMITH ERIK SIMMONS
CITY MANAGER PRESIDENT
Attest:
____
ISAAC T. SUCHIL
City Clerk
CA
Contractor’s License Number/Classification
100008140
DIR Registration Number
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
23152.04000\42402756.1
Exhibit A-1
EXHIBIT “A”
DAVIS PARK RENOVATION
SCHEDULE
(TO BE FORMALIZED ONCE PROJECT IS INITIATED)
PROJECT INITIATION 4 Week
COMMUNITY ENGAGEMENT 6 Weeks
PRELIMINARY DESIGN 4 Weeks
CONSTRUCTION DOCUMENTS 16 Weeks
AGENCY APPROVAL
1st Review 3 WEEKS
Initial Budget Review 2 Weeks
2nd Review 3 Weeks
3rd Review 2 Weeks
FINAL BUDGET REVIEW 2 Weeks
PROJECT SUBMITTALS 3 Weeks
CONSTRUCTION PHASE 25 Weeks
Phasing:
to ensure the softball fields remain operational beginning in April 2026, the contractor proposes that installation of the scoreboards and shade structures be designated as phase 1. This phase would proceed upon submittal approval only, allowing these improvements to be completed early and minimize impacts to facility use.
All remaining project improvements would be constructed following final acceptance of the plans, specifications, and budget.
Long Lead Time Items
• Solar Lighting: 8-12 weeks
• Playground Structures: 8-10 weeks
• Scoreboard: 10-14 weeks
• Shade Structure: 10-14 weeks
• Bathroom Fixtures: 4-6 weeks
.
• Site Furnishings: 6-8 weeks
23152.04000\42402756.1
Exhibit B-1
EXHIBIT “B”
PLANS AND SPECIFICATIONS
23152.04000\42402756.1
Exhibit C-1
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond shall be for one hundred percent (100%) of the Total Contract Price.
23152.04000\42402756.1
Exhibit D-1
EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
THREE PEAKS CORPORATION
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
23152.04000\42402756.1
Exhibit E-1
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor
DIR Registration Number
DIR Registration Expiration
Small Project Exemption Yes No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
23152.04000\42402756.1
Exhibit F-1
EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
23152.04000\42402756.1
Exhibit F-2
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfull y fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
23152.04000\42402756.1
Exhibit F-3
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price ” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
Remainder of This Page is Intentionally Left Blank
23152.04000\42402756.1
Exhibit F-4
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
23152.04000\42402756.1
Exhibit F-5
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
23152.04000\42402756.1
Exhibit F-6
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW, THEREFORE, we, the Principal and __________________________, a corporation organized and existing under the laws of the State of _______________ and authorized to transact surety business under the laws of the State of California as Surety, are held and firmly bound unto City in the sum of ______________ Dollars ($___________) lawful money of the United States of America, the sum not being less than One Hundred Percent (100%) of the total amount of the Contract, for the payment of which sum well and tr uly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials , provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
23152.04000\42402756.1
Exhibit F-7
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
The Remainder of this Page is Intentionally Left Blank
23152.04000\42402756.1
Exhibit F-8
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
23152.04000\42402756.1
Exhibit F-9
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
23152.04000\42402756.1
Exhibit G-1
EXHIBIT ARPA
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number):
21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A. In accordance with Title 2 Code of Federal Regulations ( C.F.R.) Section 200.322, the non- Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limi ted to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work o r products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United Stat es. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or ext end or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as cr itical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of suc h entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure,
23152.04000\42402756.1
Exhibit G-2
and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in co nsultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, i nstitutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource rec overy; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds t o pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
23152.04000\42402756.1
Exhibit G-3
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701- 3708). Where applicable, all contracts awarded by the non- Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C.
Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R.
Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub- subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Exhibit “B” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the County and are available to any interested party on request. The higher of the two appli cable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.
I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
23152.04000\42402756.1
Exhibit G-4
Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.
K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60 -1.3 must include the equal opportunity clause provi ded under Title 41 C.F.R. Section 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation
23152.04000\42402756.1
Exhibit G-5
conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the c ontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such pr ovisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevan t orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the disc harge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry
23152.04000\42402756.1
Exhibit G-6
out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, t he applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); r efrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
L. Data Collection Requirements – Contractor agrees to collect pre -post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.
M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.
N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the County upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the County.
O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R.
Sections 200.331 through 200.333 (subrecipient moni toring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.
P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make
23152.04000\42402756.1
Exhibit G-7
all such supporting information available for inspection and audit by representatives of the County, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by County.
Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports whi ch clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.
R. Contractor shall cooperate in having an audit completed by County, at County’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.
S. Contractor shall repay to County any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, County reserves the right to withhold future payments due Contractor from any source under County’s control.
T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury.
Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.
U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. •
V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. •
W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.
Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. •
X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
23152.04000\42402756.1
Exhibit G-8
Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
Sections 4601-4655) and implementing regulations.
BB. Applicable Federal environmental laws and regulations.
CC. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
•
DD. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penal ties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
•
EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on -the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.
HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
23152.04000\42402756.1
Exhibit G-9
subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities.
Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.
•
II. The County must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal f inancial assistance, 42 U.S.C.
Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.”
JJ. Contractor shall cooperate in any enforcement or compliance review activities by the County and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. •
KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.
LL. County has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.
23152.04000\42402756.1
Exhibit G-10
MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the County is obligated with the Department of the U.S. Treasury, whichever is later.
NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.
OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or C ontractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. •
• The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
•
County and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall cont
Item: 7.
Staff Report
Meeting Date: November 4, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Grant - Office of Traffic Safety - Approve and Adopt a Resolution Accepting Office of Traffic Safety (OTS) Grant for FY 25/26, Resolution R-79-25.
Recommended Action:
1. Approve and adopt Resolution NO. R-79-25 authorizing the acceptance of the 2025/2026 Office of Traffic Safety (OTS) Grant award;
2. Authorize the City Manager to execute any related documents.
Background:
The Office of Traffic Safety (OTS), is California’s lead traffic safety organization. Located in the California state transportation agency, OTS is tasked with developing and implementing a highway safety program that addresses and impacts safety on the road. The goal of the annual program is to prevent serious injury and death resulting from motor vehicle crashes, so that all roadway users arrive at their destinations safely. Using federal highway safety programs funds, it is the mission of OTS to provide funding for traffic programs to help reduce the number of deaths, injuries and economic losses resulting from traffic related collisions. The Colton Police Department received notification that it has been awarded $160,000 from an OTS grant for FY 2025/26. This grant requires no matching funds.
Issues/Analysis:
The City has experienced multiple traffic-related injury collisions throughout the years. The number of DUI and speed related enforcement conducted is inversely proportional to the numbers of crimes and calls for service officers must handle. The City of Colton has an abundance of establishments where alcohol is served or sold and the number of DUI drivers has not diminished. In addition, speed related issues are among the majority of complaints received from the community.
The OTS grant provides $152,500 for traffic enforcement programs. These programs include:
DUI checkpoints, DUI saturation patrols, collaborative DUI enforcement, traffic enforcement, distracted driving enforcement operations, night time “Click it or Ticket” programs, pedestrian safety enforcement operations, street racing and sideshow enforcement, collaborative traffic enforcement and motorcycle safety.
The OTS grant has also provided for training and educational materials, as well as equipment, to assist officers in increasing traffic safety and reducing alcohol related traffic incidents. The continuing enforcement details spread out over the grant period, and making use of the related equipment, will serve to increase traffic safety in the City of Colton.
Additionally, the OTS grant will provide $2,500 In-State travel expenses and $5,000 DUI checkpoint supplies.
Fiscal Impacts:
Approval of the Resolution R-79-25 will:
1. Amend FY 2025/26 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5891-025 by $160,000.00
2. Amend the FY 2025/26 Budget to increase appropriations in the Misc. Grant Expenditure Funds in the following:
a. Expenditure Account #225-6070-6071-1050-0000-025 in the amount of $152,500.00 for overtime.
b. Expenditure Account #225-6070-6071-2280-0000-025 in the amount of $2,500.00 for In- State travel expenses.
c. Expenditure Account #225-6070-6071-4930-0000-025 in the amount of $5,000.00 Safety Equipment related to DUI Checkpoints.
Alternatives:
Provide alternate direction to staff.
Attachments:
1. Resolution R-25-26 OTS Grant
2. Grant Agreement - PT26021_encrypted
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-79-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
ACCEPTING A GRANT IN THE AMOUNT OF $160,000.00 FROM THE
OFFICE OF TRAFFIC SAFETY (OTS) WITH ITS ACCOMPANYING
MOU AND AMEND THE FISCAL YEAR 2025-2026 BUDGET
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On June 30, 2025, the Office of Traffic Safety (OTS) Grant was awarded to the Colton Police Department in the amount of $160,000.00; and
NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:
Section 1. Approval of Resolution R-79-25 will:
1. Amend FY 2025/26 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5891-025 by $160,000.00
2. Amend the FY 2025/26 Budget to increase appropriations in the Misc. Grant Expenditure Funds in the following:
a. Expenditure Account #225-6070-6071-1050-0000-025 in the amount of $152,500.00 for overtime.
b. Expenditure Account #225-6070-6071-2280-0000-025 in the amount of $2,500.00 for In-State travel expenses.
c. Expenditure Account #225-6070-6071-4930-0000-025 in the amount of $5,000.00 for Safety Equipment related to DUI Check points.
Section 2. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2025.
Frank Navarro, MAYOR
ATTEST:
_________________
Isaac Suchil, City Clerk
9/19/2025 11:55:23 AM Page 1 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26021
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Colton From:
To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Colton Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $160,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Gregory Castillo
Captain
(909) 370-5000
650 N La Cadena Drive
Colton, CA 92324
ADDRESS: Bill Smith
City Manager
(909) 370-5051
650 N. La Cadena Drive
Colton, CA 92324
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Stacey Dabbs
Finance Director
(909) 370-5039
650 N. La Cadena Drive
Colton, CA 92324
ADDRESS: Stephanie Dougherty
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
9/19/2025 11:55:23 AM Page 2 of 19
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
DTDWM2FKR5L8
657 N La Cadena Dr
Colton
92324-2822
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $10,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $25,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $125,000.00
AGREEMENT
TOTAL $160,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$160,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $160,000.00
9/19/2025 11:55:23 AM Page 3 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT26021
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The city of Colton, located in San Bernardino County, consists of an area of 16.03 square miles and has a population of 53,357 according to the 2023 Census Survey (census.gov). Currently, the Colton Police Department has fifty (50) sworn police officers; however, the department is budgeted for sixty (60). Trying to hire qualified candidates is becoming increasingly difficult as other neighboring agencies are also suffering from staffing shortages, and all agencies are hiring from the same pool of candidates. This shortage of officers has created constant staffing and shift shortages, which require current personnel to increase their reactive enforcement. Due to the reduction in force, officers are left with little time for proactive traffic-related enforcement. Additionally, officers spend most of their time on duty responding to in-progress calls for service.
The city of Colton has several bar/restaurants throughout the city. Each of these establishments has an on- site liquor consumption permitted. These establishments frequently reach near-capacity from Thursday to Sunday. Statistical data indicates that a large portion of patrons leave the area impaired. There is increased pedestrian and vehicular traffic around these establishments during these time periods. This trend has contributed to a higher volume of impaired driving arrests and traffic crashes, underscoring the challenges associated with managing the departments’ resources between patrol calls and proactive traffic safety enforcement.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
The California State Alcoholic Beverage Control reports forty-four (44) active on-site alcohol consumption licenses for restaurants, bars and businesses within Colton. However, this figure does not account for pending applications from new establishments, signaling the potential for an uptick in alcohol serving locations. Additionally, forty-five (45) liquor convenience and grocery stores are licensed for off-site alcohol sales, underscoring the widespread availability of alcohol throughout the city. The Colton Police Department continues to try to address the issue of alcohol related offenses through enforcement, community awareness and education.
In 2024, Colton reported 99 DUI arrests and hopes to continue to increase impaired driving arrests. The number of injuries caused by impaired drivers in Colton remains unacceptably high, despite significant efforts in DUI enforcement. Impaired driving continues to be a pervasive issue in the city involving: alcohol, narcotics, and nitrous oxide. A detailed analysis of impaired driving crashes reveals that unsafe speed is the leading contributing factor compounding the danger posed by impaired drivers. This alarming trend underscores the urgent need for effective measures to curb both dangerous and impaired driving behaviors.
To address this critical public safety concern, funding for selective enforcement operations and DUI saturation patrols is essential. Without continued and expanded resources, the city faces ongoing challenges in reducing the devastating impact of impaired driving on its residents and visitors.
In 2024, there were a total of 239 injury traffic crashes.
Between 2022 and 2024, there have been 22 fatality crashes, and approximately 798 injury traffic crashes with approximately 1203 victims who reported injury. This includes fatal traffic crashes, injury traffic crashes, hit and run traffic crashes involving injury and traffic crashes involving a driver who was under the influence of alcohol and/or drugs.
The amount of DUI and speed related enforcement conducted by patrol officers does not amount to what is necessary to lower our overall crashes, specifically targeting drivers who are under the influence and drivers who are speeding. Between 2022 and 2024, impaired driving resulted in forty-one (41) crashes causing injury. With a consistently high number of injury traffic crashes and fatal traffic crashes, the Colton Police Department will help the citizens in Colton and decrease the total number of all traffic crashes in the city.
9/19/2025 11:55:23 AM Page 4 of 19
Alcohol related offenses remain a persistent and significant concern for the city of Colton. To effectively mitigate the risks associated with impaired driving and speed related crashes, sustained investment in enforcement and prevention strategies is essential for the well-being of Colton’s residents and visitors.
Define the target population the grant intends to serve and how they are affected by the problem(s).
Colton PD serves a diverse population in Colton, including residents, commuters, business owners, youth, and visitors, all of whom have the potential to be impacted by impaired driving and speed-related crashes.
These issues lead to loss of life, minor injuries, major injuries, economic burdens and community disruption, which affects people directly and indirectly. Some of these people are impacted due to family or friends being involved, others are impacted by travel delays due to road or lane closures. City of Colton commuters navigate through increasingly dangerous roadways and school aged youth are particularly vulnerable to risky driving behavior.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1
9/19/2025 11:55:23 AM Page 5 of 19
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 8. Conduct DUI Saturation Patrol operation(s). 25
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
8 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
6 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 2
15. Participate in highly visible collaborative Traffic Enforcement operations. 1
16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 18. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter. Purchase all grant related supplies and materials to implement the program, in the first quarter. Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
9/19/2025 11:55:23 AM Page 6 of 19
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
9/19/2025 11:55:23 AM Page 7 of 19
any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
9/19/2025 11:55:23 AM Page 8 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26021
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $10,000.00
402PT-26 20.600 State and Community Highway
Safety
$25,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$125,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $12,000.00 6 $72,000.00
DUI Saturation Patrols 164AL-26 $1,680.00 25 $42,000.00 Collaborative DUI Enforcement 164AL-26 $3,000.00 2 $6,000.00 Traffic Enforcement 402PT-26 $1,400.00 8 $11,200.00
Motorcycle Safety Enforcement 402PT-26 $1,400.00 2 $2,800.00 Pedestrian and Bicycle Enforcement 402PT-26 $1,400.00 2 $2,800.00 Collaborative Traffic Enforcement 402PT-26 $3,000.00 1 $3,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-26 $2,700.00 1 $2,700.00
Distracted Driving Enforcement 405e DDL-
26 $1,666.66 6 $10,000.00
Category Sub-Total $152,500.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,500.00 1 $2,500.00
$0.00
Category Sub-Total $2,500.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $5,000.00 1 $5,000.00
Category Sub-Total $5,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $160,000.00
9/19/2025 11:55:23 AM Page 9 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26021
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
9/19/2025 11:55:23 AM Page 10 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26021
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
9/19/2025 11:55:23 AM Page 11 of 19
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the
9/19/2025 11:55:23 AM Page 12 of 19
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
9/19/2025 11:55:23 AM Page 13 of 19
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
9/19/2025 11:55:23 AM Page 14 of 19
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
9/19/2025 11:55:23 AM Page 15 of 19
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
9/19/2025 11:55:23 AM Page 16 of 19
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
9/19/2025 11:55:23 AM Page 17 of 19
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
9/19/2025 11:55:23 AM Page 18 of 19
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Gregory Castillo
Title: Captain Media Contact: Yes
Phone: (909) 370-5000
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT26021
GRANT DETAILS
Grant Number: PT26021
Agency Name: Colton Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $160,000.00
Authorizing Official: Bill Smith
Fiscal Official: Stacey Dabbs
Grant Director: Gregory Castillo
9/19/2025 11:55:23 AM Page 19 of 19
Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name
Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Item: 8.
Staff Report
Meeting Date: November 4, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Grant Award - Homeland Security Grant (HSAP) - Approve Resolution and Budget Amendment to Approve and Accept the FY 2021 Homeland Security Grant Award, and Reflect Purchase of Malware/Cybersecurity Hardware and Related Equipment, Resolution No.
R-70-25.
Recommended Action:
Staff recommends that the City Council take the following action:
1. Approve and adopt Resolution No. R-70-25, authorizing the acceptance of the FY2021 Homeland Security Grant (HSGP) in the amount of $20,502.00 and amend the FY2025/2026 Miscellaneous Grant Fund budget to accept the award.
Background:
The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from threats, hazards, acts of terrorism, and other catastrophic events that pose a great risk to the United States. The HSGP is one tool among a comprehensive set of federal measures administered by Cal OES to help strengthen the state against risk associated with potential terrorist attacks.
The purpose of the fiscal year 2021 HSGP is to support comprehensive HSGP’s at the local level and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. CAL OES has accepted, approved, and awarded this grant and will continue providing support to the San Bernardino County Operational Area’s efforts to implement the objectives and strategies of the HSGP and as well as respond to other catastrophic events.
The HSGP is the primary provider of federal funds from the United States Department of
Homeland Security (DHS) to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, and direct allocations to state and local governments.
The City of Colton’s allocation was determined to be $20,502.00. These grant funds must be expended for:
1. Enhancing Cybersecurity
2. Enhancing the protection of soft targets/crowded spaces.
3. Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS, and
4. Addressing emerging threats (e.g. transnational criminal organizations, weapons of mass destruction (WMD’s), unmanned aerial systems, UAS’s, etc.
Issues/Analysis:
With the rise in cyber terrorism, and law-enforcement agencies being a primary target of threat actors, the need for a NeXT GEN firewall is not only needed but required. The "Next Generation" characterization of the firewall allows for universal threat management, end point protection, and a secure web gateway. It offers full visibility into users, devices, applications across the entire attack surface and consistent security policy enforcement irrespective of asset location. This next generation firewall also fully complies with all federal Criminal Justice Information Services (CJIS) mandates by implementing security measures to safeguard data, encompassing physical, technical, and administrative safeguards. The proposed solution increases the Colton Police Departments Security Footprint by ultimately creating a virtual cloud barrier between the internet and the internal CJIS data we are protecting.
Staff researched Fortinet Cybersecurity hardware/software by CDW Direct. They were selected as they were an Open Source contract, available to be purchased and shipped in the State of California.
Fiscal Impacts:
Approval of the Resolution R-70-25 will:
1. Amend FY 2025/26 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5890-021 by $20,502.
2. Amend FY 2025/26 Budget to increase appropriations in Misc. Grant Fund Safety Equipment Account #225-6070-7003-1180-0000-021 by $20,502.
Alternatives:
1) Provide alternate direction to staff.
Attachments:
1. Resolution R-70-25
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-70-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMOUNT OF $20,502.00 FROM THE
2021 HOMELAND SECURITY GRANT AWARD (HSGP) AND
AMMEND THE 2025/2026 FISCAL BUDGET.
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On September 1, 2021 the 2021 Homeland Security Grant was awarded by the Office of Justice Programs (OJP) to the Colton Police Department in the amount of $20,502.00; and
WHEREAS, the City accepts $20,502.00 of the funds from the County of San Bernardino; and
NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:
Section 1. Approval of Resolution R-70-25 will:
1. Amend FY 2025/26 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5890-021 by $20,502.00.
2. Amend FY 2025/26 Budget to increase appropriations in Misc. Grant Fund Safety Equipment Account #225-6070-7003-1180-0000-021 by $20,502.
Section 2. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2025.
Frank J. Navarro, MAYOR
ATTEST:
_________________
Isaac T. Suchil, City Clerk
Item: 9.
Staff Report
Meeting Date: November 4, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: PD Service Dog Disposition - Authorize the Disposition of Police Service Dog "Boy" and Approve the Purchase by Sergeant Paul Grimes.
Recommended Action:
The Police Department requests the City Council declare as surplus, Police Service Dog “Boy” from the Police Department inventory and the City Council approve Police Service Dog “Boy” be purchased by his handler, Sergeant Paul Grimes. It is further recommended that Police Service Dog “Boy” be purchased by Sergeant Grimes in the amount of $1.00.
Background:
The Colton Police Department purchased Police Service Dog “Boy”, in October 2014 from Von Liche Kennels after being imported from the Netherlands. A Dutch Shepherd by breed, Boy was selected for his exceptional work ethic, intelligence, and balanced temperament; qualities that made him ideally suited for the demanding role of a dual-purpose police service dog.
“Boy” was paired with Sergeant Paul Grimes, was entering his second decade of service with the Colton Police Department at the time. Together they attended Von Liche Kennels’ basic handler course, where the duo trained extensively in urban environments throughout the South Bay region of Los Angeles County, including Hawthorne, Inglewood, Compton, and Gardena.
Their operational success includes more than 200 confirmed narcotics detections, resulting in the recovery of dangerous drugs, firearms, and large quantity of currency tied to criminal enterprises.
The team was directly responsible for five physical apprehensions of suspects and hundreds of suspect surrenders. This was achieved through “Boy’s” commanding presence, unwavering focus, and highly developed patrol skills.
From October 2014 to October 2025, Sergeant Grimes and “Boy” served continuously, making them one of the longest-tenured K-9 teams in the Inland Empire. Their longevity is a reflection not only of “Boy’s” resilience and conditioning but also of the extraordinary care, training, and
partnership that Sergeant Grimes dedicated to him.
As K-9 “Boy” enters retirement, he does so with a legacy firmly etched into the history of the Colton Police Department. Together they leave behind a standard of excellence that will serve as a benchmark for future handlers and K-9 teams.
Issues/Analysis:
Colton Municipal Code section 3.08.150: Surplus Supplies and Equipment-- provides that the purchasing officer has the authority to sell as surplus all supplies, materials and equipment which have become obsolete or unsuitable for use.
Sergeant Grimes and Police Service Dog “Boy” have been partnered together for approximately 11 years. Since their partnership, Police Service Dog “Boy” has stayed with Sergeant Grimes and his family, where he has been cared for at their residence. Due to “Boy’s” age (12.5 years old) and his physical problems it was determined that “Boy” would no longer be an asset to the Department and is thus considered to be unsuitable for use.
Traditionally, as with other police and sheriff’s departments, when a police service dog is set to be retired from duty, the handler is given the first option to purchase the police service dog.
Generally, the police service dog is sold to the hander for $1.00. The amount was determined by several factors. Generally, the police service dog’s age, service life, medical condition, and ability to positively impact the police department are all taken into account when determining whether or not to sell the police service dog or assign the police service dog to another handler.
Under these circumstances, “Boy’s” age is 12.5 years old. Police Service Dog “Boy” would be considered too old to complete another basic handler’s course with a new handler. Also, given his age, the City’s current police service dog vendor, Vohne Liche Kennels, would not purchase “Boy” back nor could he be sold to another police or sheriff’s department for continued use.
Police Service Dog “Boy” has been partnered with Sergeant Grimes for approximately 11 years.
On average, the life of a police service dog on patrol, is 5 years, therefore the City has benefited from 6 extra years of service life from “Boy”. The bond that Sergeant Grimes and “Boy” have formed during their time together would make it almost impossible to retrain “Boy” with another handler. Finally, given “Boy’s” medical problems, it would not be cost-effective or have any benefit toward the city to keep “Boy” in-service.
It is our opinion, that given these variables, it is our recommendation that the City release all liability regarding Police Service Dog “Boy” and sell him to Sergeant Grimes.
Fiscal Impacts:
There is no fiscal impact to the City.
Alternatives:
Provide alterative direction to staff.
Attachments:
1. Bill of Sale - Sgt Grimes
2. Staff Report - PSD Boy
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Bill of Sale
FOR VALUABLE CONSIDERATION, THE CITY OF COLTON, hereinafter called seller, does hereby sell to: Sergeant Paul Grimes
Hereinafter called buyer, all of seller's rights, title, and interest in and to the following described property:
(1) Police Service Dog “Boy”
Said property is sold "AS IS, WHERE IS" SELLER MAKES NO EXPRESSED
OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By accepta nce of this sale in the amount of ONE DOLLAR ($ 1.00), buyer agrees to pay all sales tax or any other tax, if applicable, attributable to the property identified above.
Dated: By:________________
City of Colton
Accepted By:________________________ ____________
Sergeant Paul Grimes Date
ITEM NO. ___________
STAFF REPORT
DATE: October 21, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: WILLIAM SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: AUTHORIZE THE DISPOSITION OF SURPLUS POLICE SERVICE
DOG BOY AND PURCHASE BY SERGEANT PAUL GRIMES
RECOMMENDED ACTION
The Police Department requests the City Council declare as surplus Police Service Dog “Boy” from the Police Department inventory and the City Council approve Police Service Dog “Boy” be purchased by his handler, Sergeant Paul Grimes. It is further recommended that Police Service Dog “Boy” be purchased by Sergeant Grimes in the amount of $1.00.
BACKGROUND
The Colton Police Department purchased Police Service Dog “Boy”, in October 2014 from Von Liche Kennels after being imported from the Netherlands. A Dutch Shepherd by breed, Boy was selected for his exceptional work ethic, intelligence, and balanced temperament; qualities that made him ideally suited for the demanding role of a dual-purpose police service dog.
“Boy” was paired with Sergeant Paul Grimes, was entering his second decade of service with the Colto Police Department at the time. Together they attended Von Liche Kennels’ basic handler course, where the duo trained extensively in urban environments throughout the South Bay region of Los Angeles County, including Hawthorne, Inglewood, Compton, and Gardena.
Their operational success include more than 200 confirmed narcotics detections, resulting in the recovery of dangerous drugs, firearms, and large quantity of currency tied to criminal enterprises.
The team was directly responsible for five physical apprehensions of suspects and hundres of suspect surrenders. This was achieved through “Boy’s” commanding presence, unwavering focus, and highly developed patrol skills.
From October 2014 to October 2025, Sergeant Grimes and “Boy” served continuously, making them one of the longest-tenured K-9 teams in the Inland Empire. Their longevity is a reflection not only of “Boy’s” resilience and conditioning but also of the extraordinary care, training, and partnership that Sergeant Grimes dedicated to him.
Staff Report to the Mayor and City Council
Retirement and Sale of Police Service Dog to handler
February 2016
As K-9 “Boy” enters retirement, he does so with a legacy firmly etched into the history of the Colton Police Department. Together they leave behind a standard of excellence that will serve as a benchmark for future handlers and K-9 teams.
ISSUES/ANALYSIS
Colton Municipal Code section 3.08.150: Surplus Supplies and Equipment-- provides that the purchasing officer has the authority to sell as surplus all supplies, materials and equipment which have become obsolete or unsuitable for use.
Sergeant Grimes and Police Service Dog “Boy” have been partnered together for approximately 11 years. Since their partnership, Police Service Dog “Boy” has stayed with Sergeant Grimes and his family, where he has been cared for at their residence. Due to “Boy’s” age (14) and his physical problems it was determined that “Boy” would no longer be an asset to the Department and is thus considered to be unsuitable for use.
Traditionally, as with other police and sheriff’s departments, when a police service dog is set to be retired from duty, the handler is given the first option to purchase the police service dog.
Generally, the police service dog is sold to the hander for $1.00. The amount was determined by several factors. Generally, the police service dog’s age, service life, medical condition, and ability to positively impact the police department are all taken into account when determining whether or not to sell the police service dog or assign the police service dog to another handler.
Under these circumstances, “Boy’s” age is 14. Police Service Dog “Boy” would be considered too old to complete another basic handler’s course with a new handler. Also, given his age, the City’s current police service dog vendor, Vohne Liche Kennels, would not purchase “Boy” back nor could he be sold to another police or sheriff’s department for continued use. Police Service Dog “Boy” has been partnered with Sergeant Grimes for approximately 11 years. On average, the life of a police service dog on patrol, is 5 years, therefore the City has benefited from 6 extra years of service life from “Boy”. The bond that Sergeant Grimes and “Boy” have formed during their time together would make it almost impossible to retrain “Boy” with another handler.
Finally, given “Boy’s” medical problems, it would not be cost-effective or have any benefit toward the city to keep “Boy” in-service.
It is our opinion, that given these variables, it is our recommendation that the City release all liability regarding Police Service Dog “Boy” and sell him to Sergeant Grimes.
FISCAL IMPACTS
There is no fiscal impact to the City, rather the City would profit $1.00 from the sale of Police Service Dog “Boy.”
ALTERNATIVES
Provide alternative direction to staff.
Staff Report to the Mayor and City Council
Retirement and Sale of Police Service Dog to handler
February 2016
ATTACHMENTS
None.
ATTACHMENTS
Item: 10.
Staff Report
Meeting Date: November 4, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Purchase - Altec Industries, Inc. - Approve Purchase of one Altec HLIW-T Hot Line Insulator Wash Trailer.
Recommended Action:
Staff recommends the City Council authorize the purchase of one Altec Industries HLIW-T Hot Line Insulator Wash Trailer to replace a 1998 model year Altec Industries HLIW-T Hot Line Insulator Wash Trailer in accordance with Colton Municipal Code § 3.08.140(N) in the amount of $249,373.88, utilizing Sourcewell Contract #110421-ALT.
Background:
Colton Electric Utility (CEU) owns and operates a 1998 Altec HLIW-1600T Hot-Line Washer Trailer used for high-pressure washing of energized distribution insulators. This specialized equipment is essential for maintaining system reliability and reducing outages caused by contamination buildup, especially during Santa Ana wind and dust conditions common in the Inland Empire.
After more than 25 years of service, the existing washer trailer has reached the end of its useful life. The original diesel engine, high-pressure pump, and electrical control systems are obsolete, with limited or no manufacturer parts support. Additionally, the tank and frame show symptoms of fatigue, including corrosion that presents potential operational and safety concerns. Based on these conditions, staff determined that full replacement is the most cost-effective and operationally prudent option.
Issues/Analysis:
Altec Industries continues to manufacture the HLIW-1600T, which remains the industry standard for energized-line washing applications and is fully compatible with CEU’s Altec AN67-E100
aerial device. The new unit offers substantial technological and safety improvements over the 1998 version, including:
• Stage V Cummins F3.8 diesel engine (101 HP) with electronic controls and DEF emission system
• 1600-gallon 304 stainless steel tank with electronic water-level monitoring • Automatic low-water shutdown and constant-resistivity monitor in accordance with IEEE Std. 957-2005
• Dual electric rewind hose reels, dual handheld side guns, and enhanced grounding systems
• LED lighting, non-skid walking surfaces, and modernized safety features
The total quoted price of $249,373.88 (F.O.B. Colton) includes fabrication, testing, delivery, and standard Altec warranties (one-year parts/labor, limited lifetime structural) along with in-service training. Estimated delivery is approximately 24 months after order placement. Further, staff requests authorization for an additional 10 percent contingency to address suplly chain volatility and upfitting costs.
This procurement is being made through the Sourcewell Cooperative Purchasing Program, Contract #110421-ALT, under which Altec Industries is an authorized vendor. The City of Colton is a participating agency with Sourcewell, allowing the use of competitively solicited contracts to streamline purchasing and ensure best value pricing.
Accordingly, this purchase is exempt from competitive bidding requirements pursuant to Colton Municipal Code Section 3.08.140(N), which provides an exemption for purchases made through cooperative purchasing programs of which the City is a member. Sourcewell’s cooperative procurement process meets all applicable competitive solicitation standards and has been vetted for compliance with federal and California public contracting guidelines.
Fiscal Impacts:
Sufficient appropriations are available in the adopted FY2025-26 budget in Electric Utility Capital Account 520-8000-8004-4910-0101-000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. City of Colton HLIW-1600T Quote 5-13-25
2. City of Colton HLIW-1600T Quote 10-14-25 (Sourcewell) - Updated with Estimated Taxes
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
May 13, 2025
Our 96th Year
Ship To: Bill To:
CITY OF COLTON
160 S 10TH ST
COLTON, CA 92324
US
Attn:
Phone:
Email:
CITY OF COLTON
FINANCE DEPARTMENT
650 N LA CADENA DR
COLTON, CA 92324
United States
Altec Quotation Number: 1814474 - 1
Account Manager: Troy Dentzer
Technical Sales Rep: Ryan G Hilsabeck
Item Description Qty Price
Unit
1. Altec Model HLIW-T Hot Line Insulator Washer Trailer: trailer height and width to fit inside a 40' High Cube container, built in accordance with Altec's standard specifications and to include the following standard features:
1 A. Trailer Chassis: Base assembly is fabricated of steel channel, from rear to tongue eye, with integral crossmembers. Single axle, 20,000-lb (9,072-kg) capacity, equipped with 16.5 by 7-in (419 by 178-mm) full air brakes (meets U.S.
Federal Motor Vehicle Safety Standards); leaf spring suspension with 9,800-lb (4,445-kg) capacity at pad; safety chains; front stiff leg for storage; steel fenders; four wheel chocks with holders; all lighting and identification meets DOT (U.S.
Dept. of Transportation) specifications. Note: When the water tank is empty, the tongue weight will not exceed 15 percent of the trailer's gross weight. When the water tank is fully loaded, the tongue weight will be at least 9 percent of the total gross weight to ensure proper trailering.
B. Tool Storage Compartment: Compartment is 14 X 18 X 38 (457 by 457 by 965 mm). Permits storage of tools such as hydrant wrench, portable resistivity monitor, wash guns - lockable.
C. Access Steps: Steps with railing provided to reach access dome at top of tank.
D. Throttle Mode Selector: The throttle control system is activated by means of a three-position switch called a Throttle Mode Selector. The positions are; Idle, Manual, and Auto. The middle position is Idle. In this position the throttle is prevented from advancing. The up position is Manual. When the switch is in this position, engine RPM will advance to deliver the preselected water pressure and remain at that RPM until the switch is returned to the middle position. The down position is Auto. In this position, engine RPM will rise to deliver the preselected water pressure when the wash gun trigger is pulled. Releasing the trigger returns the engine to idle.
E. Automatic Low Water Shutdown: Alerts operator with visual and audible warning when approximately 12-in (305-mm) level of water remains in the tank, providing adequate warning to complete the washing cycle. If washing operation continues, when approximately 6-in (152-mm) of water remain in the tank, engine will automatically return to Idle to help prevent damage to the pump.
F. Performance Tests: Final inspection includes complete performance tests of the
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Insulator Washer unit.
G. Paint: One (1) standard color- Black.
H. Manuals: Two (2) Operator's and Maintenance/Parts Manuals. One(1) in printed format and one(1) in electronic format available at connect.altec.com
2. Cummins F3.8 stage V diesel engine with electronic controls Rated at 101hp @2200 RPM continuous
135 Amp alternator
5 gal DEF system
Exhaust with stage V single module includes DOC/DPF/SCR 1 3. 40 Gallon Steel Fuel Tank 1
4. Water tank - 1600 gallon type 304 stainless steel with front sight gauge. Tank is low profile, semi-elliptical in shape with external longitudinal support members and internal baffles. Electronic water level sensor provided for quick visual monitoring at control station to indicate full, 3/4, 1/2, 1/4, and empty. Four lifting eyes provided for removing tank when empty.
1 5. Manhole at Rear, Curbside, With Stainless Steel Strainer 1
6. Electric rewind hose reel with 150-ft of non-conductive hose, mounted curbside. Vinyl cover provided for side reel to protect hose from sunlight when not in use. 1 7. Electric rewind hose reel with 150-ft of non-conductive hose, mounted streetside. Vinyl cover provided for side reel to protect hose from sunlight when not in use. 1 8. Handheld Side Gun with Quick Disconnect, .25 Inch Nozzle - Gun is pilot operated utilizing water pressure and contains only three moving parts. Gun provides positive shutoff and easy trigger operation. The trigger directs water pressure to open and close the valve in the gun. Brass nozzle has 1/4-in (6.4-mm) diameter internal stainless steel orifice with flow straightener. Gun includes 1-in diameter, 10-ft (3.0-m) length nonconductive hose with quick disconnect fitting on one end for easy attachment to hose on hose reel or water line at platform on an aerial device. 0 to 1000 PSI (6895 kPa) pressure gauge is supplied which can be mounted in a test T on the gun to monitor water pressure at the nozzle. The gauge can be removed after pressure has been verified.
3 9. Grounding System for Side Wash Guns 2
10. 324 Grounding System - includes storage reel, 100-ft of no. 2 clear jacket copper grounding cable, clamps at each end, and two (2) 72 inch grounding rods. Reel is manual payout and electric rewind. For storage of cable only. 1 11. Custom Ground Water System
.
Install a backflow protection valve in the fill line so no water from the water tank can enter the water supply system.
1 12. 425/65R22.5 Pair of Super Single Goodyear Tires & Aluminum Wheels 1
13. CP4 Waterous Pump - The four-stage, high-pressure centrifugal pump with helical gears, replaceable wear rings, balanced impellers and ball bearings is capable of developing over 88-GPM (333-LPM) discharge at 550-PSI (3,792-kPa) outlet pressure.
Pump has the capacity to power two separate wash gun circuits simultaneously at the 1
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
desired pressure and flow for effective washing. Piping on suction side is galvanized steel capable of 88-GPM (333-LPM) flow, rated at 150-PSI (1,034-kPa) working pressure. Extra-heavy piping on pump outlet for up to 1,000-PSI (6,895-kPa) line pressure. The normal operating nozzle pressure for effectively cleaning insulators may be adjusted by the operator from 250 to 550 PSI (1,724 to 3,792 kPa), depending on insulator washing conditions. For information on proper washing pressures, a reference source is the IEEE Guide for Cleaning Insulators: IEEE Std. 957-2005, published by The Institute of Electrical and Electronics Engineers, Inc., 345 East 47th St., New York, NY 10017, USA.
14. Cam-Lock Coupler at Curbside, 2.5 Inch - tied into fire hydrant coupler fill system. 1
15. Fire Hydrant Coupler at Curbside - A curbside adapter, 2-in (51-mm) IPT (internal pipe thread) by 2.5-in (64-mm) NST (national straight thread) is provided to fill from hydrant.
Fill water passes through a 2-in (51-m) Y sediment strainer of 40-mesh screen directly to tank having a 2-in (51-mm) NPT (national pipe thread) 1/4-turn fill/drain valve. A second 2-inch valve can directly shut off the flow from tank to water pump so that an optional auxiliary method can be utilized. The fill drain piping are one in the same. The fill/drain piping begins at the tank bottom and is plumbed to the curbside for easy access to the fill/drain valve.
1 16. Portable Resistivity Tester - Dual Range: Portable model for testing resistivity of the wash water at the source before filling the tank and at tank outlet before operating.
Tester is nontemperature-compensated and displays direct meter reading of resistivity.
Resistivity tester is provided with dual-range measurement switch to select a 400 ohm- inch (1,016 ohm-cm) to infinity scale for hydrant source water or 20,000 ohm-inch (50,800 ohm-cm) to infinity scale for purer steam plant or deionized water. Stores in a high-impact plastic case; 9-volt battery powered. Should be used in conjunction with Constant Resistivity Monitor. This device also permits the operator to check the calibration of the Constant Resistivity Monitor.
1 17. Auxiliary Water Output at Trailer Tongue with Coupler 1
18. Document Holder 1
19. Permanent Mounted Constant Resistivity Monitor - A dual-range, Constant Resistivity Monitor continuously measures the electrical resistive quality of the wash water. In addition to monitoring resistivity changes brought about by impurities, it is also capable of accurately monitoring the effects of temperature changes on the resistive quality of the water (non-temperature compensated). Dual-range monitor has a 400 ohm-inch (1,016 ohm-cm) to infinity scale for testing hydrant source water, and a scale of 20,000 ohm-inch (50,800 ohm-cm) to infinity to measure purer steam plant or deionized water.
If the impurities or temperature cause resistivity to drop to unacceptable levels, the monitor automatically activates a warning light, and returns the engine and pump to Idle.
The operator sets the minimum allowable standard for the voltage to be washed using a selector dial on the face of the constant resistivity monitor. Caution: Water of proper quality must be used. For information on selecting proper quality water, a reference source is the IEEE Guide for Cleaning Insulators: IEEE Std. 957-2005, published by the Institute of electrical and Electronics Engineers, Inc., 345 East 47th St., New York, NY 10017, USA.
1 20. Custom Additional Options
Wash Trailer will be used with Altec Model AN67-E100 aerial device. 1
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Wash Trailer to be equipped with jumper hose that will connect from auxiliary water output at trailer tongue to the rear of AN67-E100 truck. Plant 90 to also supply all the hose and fittings to plumb the AN67-E100 aerial device to allow for washing from the bucket (Plant 93 to install all the bracketry for installation of water hose on the booms).
Any sections spanning insulating fiberglass sections must be removable via QD's (in case operator wants to use the aerial device in traditional insulated manner).
21. Axle Kit w/ABS (Aluminum Wheels) 1
22. FA Unit Designator - HLIW-T 1
Body and Chassis Accessories
23. Wheel Chocks, Rubber, 9.75'' L x 7.75'' W x 5.00'' H, with 4'' L Metal Hairpin Style Handle (Pair)
1 24. 5 LB Fire Extinguisher With Light Duty Bracket And Placard, Shipped Loose 1
25. Triangular Reflector Kit, Shipped Loose 1
26. Vinyl manual pouch for storage of all operator and parts manuals 1 Electrical Accessories
27. LED Lighting Kit 1
28. Additional Electrical Accessory
.
A battery "cut off" switch is required to help prevent battery drain when trailer is not in use.
1 Finishing Details
29. Finish Paint Body Accessories Above Body Floor Altec White 1
30. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D- rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.
Components mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders.
1 31. Apply Non-Skid Coating to all walking surfaces 1
32. Vehicle Height Placard Installed On Trailer 1
33. Focus Factory Build 1
34. Delivery Of Completed Unit 1
35. As Built Electrical And Hydraulic Schematics To Be Included In The Manual Pouch 1
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Additional Pricing
36. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty 1 Unit / Body / Chassis Total 229,815.00
Additional Total 0.00
FET Total 0.00
Total 229,815.00
Altec Industries, Inc.
BY
Ryan G Hilsabeck
Notes:
1 Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date.
For a quoted chassis model year beyond the current open order bank, chassis model year, specifications and price should be considered estimates only and subject to change. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM.
2 Estimated Delivery: 24 months after receipt of order PROVIDING:
A. Customer supplied chassis (if applicable) is received a minimum of sixty (60) days before scheduled delivery.
B. Customer approval drawings are returned by requested date.
C. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.
D. Customer expectations are accurately captured prior to major components being ordered (body, chassis) and line set date. Unexpected additions or changes made after this time or at a customer inspection will delay the delivery of the vehicle.
Estimated Delivery is based on information at time of quote and is subject to change.
Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process. 3 This quotation is valid until JUN 27,2025. After this date, please contact Altec Industries, Inc. for a possible extension.
4 F.O.B. - Customer Site
5 Interest charge of 1/2% per month to be added for late payment.
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
6 FINANCING AVAILABLE: Please contact Altec Capital at (888) 408-8148 or email [email protected] for more information.
7 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing.
8 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 9 Any payment made by a credit card may be subject to a surcharge fee. 10 Altec Standard Warranty:
One (1) year parts warranty.
One (1) year labor warranty.
Ninety (90) days warranty for travel charges.
Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables.
Altec is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit.
Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts
Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards 11 Altec Extended Warranty Option:
An Altec Extended Warranty is an extension of Altec's Limited Warranty and protects you from the repair cost associated with defects of materials and workmanship after the standard Limited Warranty expires.
Altec offers many types of coverages and coverage packages. Ask your Altec account manager for details.
Quotes are available upon request.
12 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 13 Trade-in offer is conditional upon equipment being maintained to DOT (Department of Transportation) operating and safety standards and remaining in compliance of DOT until arrival at an Altec Facility. This will include, but is not limited to engine, tires, lights, brakes, glass, etc. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with unit unless otherwise agreed upon in writing by both parties. ALTEC Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met.
All reasonable and necessary expenses required of ALTEC Industries to execute transportation of the trade-in will be invoiced to the customer for payment if these conditions are not met to maintain DOT
Quote Number: 1814474 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
standards.
Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time ALTEC Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order unless other arrangements have been made. 14 The final fully loaded weight of the truck and structural ratings of the hitch assembly may reduce the towing capacity and the vertical load capacity of the finished truck. These capacities may not match the ratings of the chassis or hitch.
15 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would encourage you to consider the following items:
Outrigger pads (When Applicable)
Fall Protection System
Fire extinguisher/DOT kit
Platform Liner (When Applicable)
Altec Sentry Training
Wheel Chocks
The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these items have not been listed as priced options with an item number in the body of your quotation and are required by your company, we would encourage you to contact your Altec Account Manager and have an updated quote version sent to you. These options must be listed with an item number in the quotation for them to be supplied by Altec.
16 Altec values your data privacy. The Altec Family of Companies (including Altec, Inc., and it's subsidiaries) may collect telematics data from the equipment you own. Please review Altec's Equipment Data Privacy Notice on www.altec.com for more information. By purchasing equipment from Altec, you consent to Altec's right to collect and use such data.
17 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price.
Selected options will change the quote total. Any options added after initial order will be re-quoted.
Quote Number: 1814474-1
Opportunity Number: 25152936
Sourcewell Contract #:110421-ALT
Date: 5/19/2025
REFERENCE ALTEC MODEL
Sourcewell
Price
Hotline Insulator Washer $225,624
(A.)
1 2
3 4
(A1.)
1 2
3 4
5 6
7 8
9 10
SOURCEWELL OPTIONS TOTAL:$225,624
(B.)
1 UNIT AN67-E100 Water Plumbing Kit (supply & Install) including jumprer hose for connecting trailer to truck for washing. $15,204
2 UNIT & HYDRAULIC ACC $0
3 BODY $0
4 BODY & CHASSIS ACC $0
5 ELECTRICAL $0
6 FINISHING $0
7 CHASSIS $0
8 OTHER Altec MY Price Adjustment -$17,298
OPEN MARKET OPTIONS TOTAL:-$2,094
SUB-TOTAL FOR UNIT/BODY/CHASSIS:$223,530.00
Delivery to Customer:$6,285.00
Estimated Taxes (Delivery non-taxable): $19,558.88
FET:
CA Doc/Admin/Tire Fees:
Extended Warranty:
TOTAL FOR UNIT/BODY/CHASSIS:$249,373.88
(C.)
1 2
3 4
Altec Industries, Inc.
SOURCEWELL OPTIONS ON CONTRACT (Unit)
SOURCEWELL OPTIONS ON CONTRACT (General)
OPEN MARKET ITEMS (Customer Requested)
ADDITIONAL ITEMS (items are not included in total above) HLIW1600T
Quoted for: City of Colton
**Pricing valid for 45 days**
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified Altec Account Manager: Troy Dentzer
PRICING: Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are considered budgetary due to potential cost inflation, market volatility, and tariff implications.
These prices will be reviewed based on market conditions and confirmed closer to the production date. Quotes and orders with chassis model years beyond the current open order bank are estimates only. Altec's turn-key pricing is subject to change based on chassis pricing received from the OEM. Chassis model year, specifications, and price will be reviewed and confirmed when specific model year information becomes available from the OEM, and any chassis price difference, including adjustments for tariffs, will be passed through to the customer.
WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) TRADE-IN: Please ask your Altec Account Manager for more information CHASSIS: Per Altec Commercial Standard
DELIVERY: TBD Based on availability, FOB Customer Location TERMS: Net 30 days
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.
TO ORDER: To order, please contact the Altec Account Manager listed above.
Sourcewell 110421-ALT Quote Template - Q2-2025
Item: 11.
Staff Report
Meeting Date: November 4, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Continued Funding Application - California Department of Education (CDE) - Approve a Resolution for the CDE Continued Funding Application for the Early Childhood Education Program in the Community Services Department for Fiscal Year 2026-27, Resolution R-84-25.
Recommended Action:
Staff recommends that the City Council take the following action:
• Approve and Adopt the Resolution and Item ID 2025-174, the CA Department of Education FY 26-27 Continued Funding Application for the Early Care and Education Division.
• Authorize City Manager to act as signatory for all contracts and amendments.
Background:
The City of Colton, Early Care and Education Division has two main components: the School Age Program (CCTR) and the State Preschool Program (CSPP). The CCTR is funded by the California Department of Social Services (CDSS) for children in grades TK through 6th, using the CDSS CCTR Contract to provide services for before, after, and all-day care on CJUSD closure days. The CSPP is funded by the California Department of Education (CDE) for younger children, ages 3 to 5 years. The CSPP operates 180 days a year, part-time, with the desired result of preparing young children for elementary school, both in the classroom and the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.
Each Fiscal year, the City submits the “Continued Funding Application” (CFA) to CDE to renew the Contracts mentioned above. In previous years, Council (Board) Approval and a Resolution were not required as a part of the CFA Packet. The signatory authority previously granted to the City Manager, who is the Executive Director of the Program, remains the same.
Issues/Analysis:
In FY 2023-24, the CFA requirements changed, and now Council Approval and a Resolution are required with the CFA submission, which is handled electronically. Additionally, like FY 23-24, CSPP contractors who apply for and are approved for Continued Funding will not need to sign and return a CSPP contract to provide services for FY 2024–2025. CSPP contractors who apply for and are approved for Continued Funding through the CFA process will be automatically renewed in accordance with all applicable federal and state laws, as well as all CSPP Funding Terms and Conditions and Program Requirements that will be incorporated into the FY 2024–25 CSPP contract.
Fiscal Impacts:
This is an administrative compliance action with no direct fiscal impact.
Alternatives:
Provide an alternative direction to staff.
Attachments:
1. R-85-25 CDE Continued Funding Application FY 26-27
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-84-25
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE SUBMISSION OF THE
CA DEPARTMENT OF EDUCATION-CONTINUED FUNDING APPLICATION (CDE-
CFA) FOR THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY SERVICES DEPARTMENT FOR FY 26-27
WHEREAS, the City of Colton, Early Childhood Education (ECE) Division of the Community Services Department holds one (1) California Department of Education (CDE) Contract and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.
WHEREAS, the ECE Division submits an annual Continued Funding Application (CFA) to the California Department of Education (CDE) to renew its existing contract, and while in prior fiscal years City Council approval and a resolution were not required—since the signatory authority granted to the City Manager, serving as the Executive Director of ECE, was sufficient—beginning in Fiscal Year 2023–24, CDE revised the CFA requirements to now include formal governing board approval and a resolution authorizing submission of the application and execution of related documents.
WHEREAS, the California Department of Education (CDE) now requires City Council approval and a signed resolution authorizing the City Manager, as Executive Director, to sign the Continued Funding Application (CFA) as part of the electronic submission. Contractors approved for continued funding through this process will not be required to sign and return a separate California State Preschool Program (CSPP) contract for Fiscal Year 2026–27, as contracts will automatically renew in accordance with all applicable federal and state laws, and the CSPP Funding Terms, Conditions, and Program Requirements incorporated into the FY 2026–27 agreement.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this Resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: The City approves the City Manager to sign the CA Department of Education-Continued Funding Application for FY 2026-2027.
PASSED, APPROVED AND ADOPTED this 4th day of November 2025.
________________________________________
FRANK J, NAVARRO
Mayor
ATTEST:
ISAAC T. SUCHIL
City Clerk