Colton City Council
April 7, 2026

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, April 7, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Roll Call
Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

Closed Session
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Ecology Recycling Services, LLC. v. Southern California Edison, City of Colton, et al.

San Bernardino County Superior Court, Case No. CIVSB2304149 2) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Colton Housing Group LLC v. City of Colton
San Bernardino County Superior Court, Case No. CIVSB2521712 City Attorney Oral Report on Closed Session Actions
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Conrad Valdez — Echoes of Love
Flag Salute
Veterans of Foreign Wars (VFW) — Bernie Moyeda
Roll Call
_____________________________________________________________________________________

Ceremonial Matters
Presentations, Awards, Proclamations
• Proclamation - ECE Week of the Young Child
• Proclamations - Earth Day & Arbor Day
• Proclamation - Colton Fire Department Chief Ray Bruno

Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)
AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments
• Appointment of Councilmember Alternate Representative to the Colton Parks & Recreation Foundation
Mayor and Council Discussion Items
1) Discussion and Possible Direction to Staff Regarding the Naming of Cesar Chavez Park _____________________________________________________________________________________

Public Hearings
To speak on public hearing items, it is requested that you Submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) Community Services Department Fees & Rental Policy - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of the City of Colton Approving the Update to the Community Services Department Fees & Rental Policy, Resolution No. R-21-26.

Staff Person: Heidi Strutz
Business Items
To speak on business items, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) Ordinance - Appointment to City Boards, Commissions, and Committees - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to Amend Section

2.30.060 of Chapter 2.30 of Title 2 (Administration and Personnel) to Revise Qualifications and Eligibility for Appointment to City Boards, Commissions or Committees, Ordinance No. O-08-26.

Staff Person: Carlos Campos
_____________________________________________________________________________________

Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record.

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 17, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 02/20/2026 and totaling $51,257.22; voucher numbers 224729 to 224804 dated 02/25/2026 and totaling $102,681.54; voucher numbers 224805 to 224921 dated 02/26/2026 and totaling $2,698,369.93; voucher numbers 224922 to 225059 dated 03/09/2026 and totaling $1,464,376.35; replacement checks 225060 & 225061 dated 03/11/2026 and totaling $1,448.64; wires dated 03/12/2026 totaling $4,054,909.52; voucher numbers 225062 to 225152 dated 03/12/2026 and totaling $951,650.87; a payroll disbursement listing dated 01/31/2026 to 02/13/2026 and totaling $1,281,804.19 and payroll disbursement listing dated 02/14/2026 to 02/27/2026 and totaling $1,262,832.33.

Staff Person: Stacey Dabbs

3) Bonds/Deposit Release - DAP-001-778 - Approve Release of Bonds and Cash Monument Security Deposit for DAP-001-778 (Four Business Park Buildings) at 2245 W. Valley Blvd.

Staff Person: Chad Blais
4) City Treasurer's Report - Receive and file the City Treasurer's Report for November 2024 Staff Person: Henry M. Razo
5) Contract Amendment - Elite Maintenance and Tree Service - Approve an Amendment to the Maintenance Service Agreement with Elite Maintenance and Tree Service (EMTS) to Include Landscape Maintenance Services for City-Owned Property Located at 1461 E.

Cooley Drive.

Staff Person: Chad Blais
6) Contract Award - ARMC Law Enforcement - Adopt a Resolution Approving a Contract with the County of San Bernardino for Law Enforcement Services at Arrowhead Regional Medical Center (ARMC) for a 5-Year Period, April 1, 2026 through March 31, 2031, Resolution No. R-29-26.

Staff Person: Anthony Vega
7) Contract Award - Calpromax Engineering, Inc. - Adopt Resolution Approving Award of Construction Contract to Calpromax Engineering, Inc. for the Highway Safety Improvement Program (HSIP) Project – HSIPSL-5065(033) in the Amount of $182,500, Resolution No. R-30-26.

Staff Person: Chad Blais
8) Contract Award - CASC Engineering & Consulting - Approve First Contract Amendment with CASC Engineering & Consulting for an additional $74,400 and extend six months to September 30, 2026 to continue Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).

Staff Person: Heidi Duron
9) Contract Awards - Auriga Corporation & Asplundh Engineering Services - Approve Contract Awards to Auriga Corporation and Asplundh Engineering Services, LLC for Electric Utility Engineering Consulting Services.

Staff Person: Charles Berry
10) Funding - Early Childhood Education Program - Approve and Adopt Resolution Accepting Additional Funding through Cost of Care Plus, for the Early Childhood Education Program in the Community Services Department, Resolution No. R-23-26.

Staff Person: Deb Farrar
11) Manual of Procedure Update - Approve a Resolution Adopting Updates to the City Council Manual of Procedure, Resolution No. R-28-26.

Staff Person: Dawn Miller

12) Notice of Completion - San Bernardino Avenue Street Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the San Bernardino Avenue Street Improvement Project.

Staff Person: Chad Blais
13) Notice of Completion - South La Cadena Bike Lane - Approve the Execution and Recordation of the Notice of Completion for the South La Cadena Bike Lane Project.

Staff Person: Chad Blais
14) Purchase - Cummins Inc. - Approve the Purchase of One (1) Portable Generator from Cummins Inc. for the Wastewater Utilities Division of the Public Works & Utilities Department in the Amount of $87,600.

Staff Person: Chad Blais
15) Purchase - National Auto Fleet Group - Approve the Purchase of a New 2027 Ford F-750 Dump Truck through National Auto Fleet Group for the Wastewater Utilities Division of the Public Works & Utilities Department, in the Amount of $147,749.93.

Staff Person: Chad Blais
16) Electric Department Administration - Approve and Adopt a Resolution and Employment Contract Appointing Thomas Miller as Interim Electric Utility Director, and Approve a Contract with J. Powers Recruiting Inc. for Recruitment of a Permanent Electric Utility Director, Resolution No. R-31-26.

Staff Person: Thomas Cody
17) Second Reading of Ordinance No. O-07-26 - Approve the Second Reading of an Ordinance Amending Title 18, Section 18.48.150 of the City of Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be Statutorily Exempt from CEQA Under Public Resources Code § 21080.17 (FILE INDEX NO. DAP25-0047), Ordinance No. O-07-26.

Staff Person: Heidi Duron
_____________________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment

I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Legal Challenges
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

PROCLAMATION INFORMATION

Designation of April 12 to 18, 2026, as Week of the Young Child

WHEREAS Early Care and Education (ECE) is an integral part of communities throughout this County, State, Country, and especially in the City of Colton; and

WHEREAS The first years of a child’s life are the period of the most rapid brain development and lay the foundation for all future learning; and

WHEREAS Children’s cognitive, physical, social and emotional, and language and literacy development are built on a foundation of children’s positive interactions with adults, peers, and their environment.; and

WHEREAS high–quality early childhood programs provide essential benefits to children and families; and

WHEREAS high–quality early childhood programs benefit our city, state and national economies; and

WHEREAS Participation in high–quality early childhood education saves taxpayer dollars, makes working families more economically secure, and prepares children to succeed in school, earn higher wages, and live healthier lives; and

WHEREAS High–quality early childhood education depends on high–quality early childhood educators who ensure that children, supported by families, have the early experiences they need for a strong foundation; and

WHEREAS and THEREFORE, the City of Colton declares that early childhood educators should be valued, respected, and compensated for the critical roles they play in educating tomorrow's Leaders; and

NOW THEREFORE, BE IT RESOLVED BY City Council that April 12-18, 2026, be known as the Week of the Young Child for 2026.

Item: 1.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Strutz, Recreation Manager
Item Name: Community Services Department Fees & Rental Policy - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of the City of Colton Approving the Update to the Community Services Department Fees & Rental Policy, Resolution No. R-21-26.

Recommended Action:

Approve and Adopt Resolution R-21-26, updating the Community Services Department Fee Schedule for implementation on May 4, 2026 with the release of the 2026 Summer edition of the Colton Connection.

Background:

As part of our annual budget preparation process, the Community Services Department conducts a comprehensive review of all fees associated with our programs and activities. The Fee Schedule was last updated and approved by the Council on April 15, 2025. To ensure we maintain the high level of service expected by our community, certain fee adjustments are recommended to align with rising costs and what the local market can bear. The Recreation Division cost recovery goals include 100% fiscal recovery for all adult, rental & specialty programs, 50% for youth programs, and 30% for senior programs.

Issues/Analysis:

The CSD team has diligently benchmarked specific fees against agencies serving similar communities and has developed a consistent methodology for evaluating fees. We've taken this opportunity to clarify fee descriptions and enhance requested amenities. Please refer to the attached detailed worksheet, which lists last fiscal year's fees alongside our recommendations for FY 2026-2027. It's important to note that no changes have been proposed for the Library Division and the Early Care & Education Divisions.

Additionally, attached to this staff report are the Policies and Procedures employed by the

Community Services Department for processing and facilitating Facility Rental Reservations across all City Facilities under its purview. We continue to revisit these policies each year to provide clarity on facility usage and procedures for anticipated rental users. It is imperative to establish clear policies to ensure efficient and equitable utilization of our resources while aligning with the overarching goals and regulations set forth by our municipality. By delineating these protocols, we aim to enhance transparency, streamline processes, and uphold the standards of excellence expected from our department. While the Reservation Program remains our highest revenue producer, it also plays a crucial role in supporting residents and community groups whenever possible.

The recommendation is for the City Council to approve the updated Community Services Master Fee Schedule. This schedule was endorsed by the Recreation and Parks Commission on March 18, 2026. It is intended for implementation on May 4, 2026, in the summer edition of the Colton Connection.

Fiscal Impacts:

If all fees are approved as recommended, we anticipate an increase or decrease in anticipated revenue in correlation to the fee schedule updates. The goal is to adopt in time for full implementation in the Summer 2026 issue of the Colton Connection which is mailed at the end of April 2026.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. FY 26-27 Fee Recommendations Draft

2. 2026 CSD Fee Update PP.HRS

3. CSD Facility Use & Rental Policy FY 26-27 Draft

4. R-21-26 RESO - CSD Fee Update

5. FY 26-27 CSD Fee Schedule Exhibit A

CITY OF COLTON City Council Approved RECOMMENDED
Community Services Department - FY 26-27 Fee Schedule 2025 FEES PAGE 1

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Adult Sports Adult Sport- Returning 356

Fees Moved to Sports Category Adult Sports Adult Sport - New 392 Adult Sports Free Agent Fee 45 59
Adult Sports Forfeit Bond 60
Aquatics Recreation Swim - Children (2 hours) 3 3
Aquatics Recreation Swim/ Lap Swim - Adult (2 hours) 6 6 Aquatics Recreational Swim Family Day Pass - 2 Adults/ 3 Youth 15 15 Aquatics Youth Swim Season Pass - Youth (0-17 years) 100 110 30 38 Revised Swim Season Pass for Youth, Adults and Seniors Aquatics Adult Swim Season Pass (Weekdays Only) 170 240 120 180 Aquatics Senior Swim Season Pass (Weekdays Only) 113 204 100 150 Aquatics Swim Lessons 81 100 81 100
Aquatics Pre-Competition Level 107 132 107 132
Aquatics Adult Swim Lesson 95 117 95 117
Aquatics Semi-Private Swim Lesson (up to 3 youth participants) 121 149 121 149 Aquatics Private Swim Lesson 180 224 180 224
Aquatics Pool Rental - (During business hours) 250 315 250 315

Reclassified Fee Category Aquatics Pool Rental - (Outside of business hours) 345 430 345 430 Aquatics Pool Rental - Additional Hour 115 115
Aquatics Pool Rental - Additional Guards (2 hours) 90 90 Aquatics Dive In Movie - Children (4 hours) 5 The Dive In Movie events are more expensive and longer than the average
Recreation Swim program.

Aquatics Dive In Movie - Adults (4 hours) 10
Aquatics Dive In Movie - Family Pass - 5 persons (4 hours) 25 Aquatics 18+ Event Entrance Fee (3 hours) $10-$20 Future Planned Activity Community Events Fun Zone Wristband Fee (range) $5-$26 $5-$26 Community Events Food Concessions (Event attendance 50-1,000) 40 40

Updated Category Name
Community Events Food Concessions (Event attendance 1,500-5,000) 80 80 Community Events Booths - Business/ Corporations (Event attendance 50-1,000) 50 50 Community Events Booths - Business/ Corporations (Event attendance 1,500-5,000) 100 100 Community Events Booths - Nonprofit Resource (Event attendance 50-5,000) 0 0 Community Events Vendors - Nonprofit (Event attendance 1,500-5,000) 0 Community Events Booths - Crafts/Small Business (Event attendance 50- 1,000) 0 29 0 29 Community Events Booths - Crafts/Small Business (Event attendance 1, 500-5,000) 20 40 20 40 Community Events Parade Entry Late Fee 25 Late Entries Increase Staff Costs Classes Contract Class Fees Varys Varys Varys Varys
Classes Non Resident Fee - Contract Classes (+25%) (+25%) Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 135 170 101 129

25% Reduction
Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 107 125 80 100 Day Camp Youth Camp - Daily Fee 37 42 28 32
Day Camp Sibling Discount (Must be for the same week) $25 less per week $25 less per week Day Camp Multi Child Discount (3 or more enrolled in the same week) 100 135 75 101 Day Camp Package Deal (4 Weeks) 486 612 365 460
GREEN Text - Change in description RED Text- Change in fee BLACK Text- NO Change REMOVED FEE NEW FEE

CITY OF COLTON City Council Approved RECOMMENDED
Community Services Department - FY 26-27 Fee Schedule 2025 FEES PAGE 2

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Excursions Trip Fee Range $10-70 add $5 $10-70 add $5
Membership Daily Pass 4 6 Moved to Sports Category
Military Banner New Banner 475 475 475 475
Military Banner Replacement Banner 200 200 200 200
Military Banner Relocation 120 120 120 120
Military Banner Mini Replica Banner 75 75
Miscellaneous Brochure Fee 1 1
Miscellaneous Active.com Transaction Fee (+) 7.5% each transaction (+) 7.5% each transaction Miscellaneous P/T Staff Fee (per hour/ per staff) 28 37 28 37 Miscellaneous Coupons / Promotions (as needed) (as needed) Miscellaneous City Employee Discount 5% off Resident Rate 5% off Resident Rate Miscellaneous Gift Certificates (as needed) (as needed) Reservations Facility Reservation Application Fee 58 92 58 92 Reservations Park Rental Application Fee 28 44 28 44
Reservations Banquet Event - Gonzales Center 99 151 99 151 Reservations Banquet Event - Hutton Center Main Room or Patio 124 187 124 187 Reservations Gymnasium - Athletic use (per court-per hour) 87 131 87 131 Reservations Gymnasium/ Boxing Gym - Non-Athletic Use (Minimum of 3 hours) 168 250 168 250 (per court-per hour) Reservations Funeral Discount - During Business Hours (Maximum of 2 hours) 0 Staff Time 0 Staff Time Reservations Funeral Discount - Outside of Business Hours (-25%) (-25%) Reservations Meeting - Gonzales Center/ Teen Center 80 136 80 136 Reservations Meeting - Hutton Center Main Room or Hutton Patio 113 167 113 167 Reservations Kitchen - Gonzales Center/ Teen Center 50 75 50 75 Reservations Warming Kitchen - Hutton Center 75 100 75 100 Reservations Hutton Center Patio - add on to Main Room Rental 45 57 45 57 Reservations Aquatic Facility - (2 hours with 4 lifeguards during business hours) 250 315

Moved to Aquatics Category Reservations Aquatic Facility - (2 hours with 4 lifeguards outside of business hours) 345 430 Reservations Aquatic Facility - Additional Hour 115
Reservations Aquatic Facility - Additional Guards (2 hours) 90 Reservations Athletic Field Allocation Fee - per league per season 300 650 300 650 Reservations Athletic Field Usage - Youth Groups: Non-Profit (per hour) 50% Discount 50% Discount Reservations Athletic Field Usage - Youth Groups: For Profit (per hour) 15 32 15 32 Reservations Athletic Field Usage - Adult Groups (per hour/ per field) 35 70 35 70 Reservations Athletic Field Lighting Fee (per hour/ per field) 22 43 22 43 Reservations Athletic Field Lock & Key Replacement (per park) 200 200 Reservations Cleaning Fee (Gymnasium) 350 350
Reservations Cleaning Fee (Rooms) 200 200
Reservations Cleaning Fee - Veterans Park (Fields-stands, dugouts and restrooms) 302 302 Reservations Cleaning Fee - All other Fields (Fields-stands, dugouts and restrooms) 234 234 Reservations Equipment Rental - Tablecloths (each/per day) 7 10 Reservations Equipment Rental - Stage Rental (per day) 283 283 283 283 Reservations Equipment Rental - Ceiling Drapes (Hutton Center Only) 250 250 GREEN Text - Change in description RED Text- Change in fee BLACK Text- NO Change REMOVED FEE NEW FEE

CITY OF COLTON City Council Approved RECOMMENDED
Community Services Department - FY 26-27 Fee Schedule 2025 FEES PAGE 3

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Reservations Equipment Rental - Pipe & Drape Walls 20-250 20-250 Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) 25 25 Reservations Equipment Rental - Lighting System 150 150 Reservations Equipment Rental - Drink Service (cold drink dispensers, coffee pots) 25 25 Reservations Equipment Rental - Food Service (trays, stands, serving ware) 50-100 50-100 Reservations Equipment Rental - Portable Speaker/ Mic 50 50 Reservations Equipment Rental - Small Sound System 100 100 Reservations Equipment Rental - Large Sound System 200 200 Reservations Equipment Rental - Projector 200 200
Reservations Equipment Rental - Laptop 150 150
Reservations Equipment Rental - Damage Deposit (range) $150-$500 $150-$500 Reservations Equipment Rental - Staffing Fee to Operate Equipment 28 37 28 37 Reservations Equipment Rental - Volleyball System (per court) 500 50 Fee Correction Reservations Fleming Park and Bandshell (per day) 302 423 302 423 Reservations Non-Profit Discount- Rentals 50% 25% 50% 25% For hourly fees only Reservations Paseo (per hour with 2 staff) 100 150 Reclassified Fee Category Reservations Picnic Shelter (per day) 80 100 80 100
Reservations Security Deposit (Parks/ Pool/ Paseo) 100 125 100 125 Reservations Security Deposit (Centers/ Fields) 230 300 200 260 Senior (50+) Dances/ Events (price range) $7-$15 (+25%) $7-$15 (+25%) Senior (50+) Dances/ Events Non-Member/ Non-Senior Guest (price range) $15-$30 $15-$30 Senior (50+) BINGO Daily Fee (1 card) 0.50 0.50
Senior (50+) Membership Fee - Yearly 20 25 20 25
Senior (50+) Membership Fee- Yearly- Veterans 16 21 16 21 Special Event Application Fee 202 328 233 275
Special Event Application Fee (Non Profit) 87 116 87 116 Special Event Street Closure (Per Street) 150 250 150 250 Special Event Access to Electricity 150 250 150 250
Special Event Paseo (per hour with 2 staff) 100 150 100 150 Teens Special Events (price range for program members) $7-$15 add $15 for non-members Provide Priority for members Sports Adult Daily Pass 4 6 4 6

Updated Fee Category
Sports Adult Sport - Returning Team 356 356
Sports Adult Sport - New Team 392 392
Sports Adult Sport Free Agent Fee 45 59 45 59
Sports Adult Sport - Team Forfeit Bond 60 60
Sports Youth Sport League (10 Game Season) 118 149 118 149 Sports Teen Basketball (8 Game Season & Playoffs) 106 128 106 128 Sports Late fee for Youth registration established deadline 15 15 Sports Youth Sports Class/ Program (6 Class Dates) 87 99 87 99 Sports Adult Season Pass for Drop-In (Per Quarter - 4 Months) 250 300 Reduces Barriers for Adult Fitness Sports Adult Summer Saturdays Pass (8 Dates) 65 85 GREEN Text - Change in description RED Text- Change in fee BLACK Text- NO Change REMOVED FEE NEW FEE

NEW FEE
CITY OF COLTON City Council Approved RECOMMENDED
Community Services Department - FY 26-27 Fee Schedule 2025 FEES PAGE 4

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Sports Late fee for Adult registration established deadline 25 Reduce late registration Sports Sports Clinic 50 75 50 75

CHILDCARE DESCRIPTION
Registration Fee (per family, at enrollment) 35 35
Childcare Field Trip (Optional) 25 25
Late Pick-up Charge (for every 1-15 minutes late) 8 8
Late Payment Charge (after the 25th of each month) 25 25 Part-Time Care Rate .25 - 6.25 hours per day 20 20
Full-Time Care Rate 6.5 or more hours per day 30 30
Sibling Discount (for additional family members) 15% of total bill 15% of total bill

GREEN Text - Change in description RED Text- Change in fee BLACK Text- NO Change REMOVED FEE

Master Fee Schedule
Fiscal Year 2026-2027 Update

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Our Mission
Rooted in Integrity • Powered by Initiative • Driven by Connection o We strive to improve quality of life in Colton by
connecting individuals and families to programs,
services, and information that support health,
enrichment, and lifelong engagement.
o The success of our mission is measured by how well
we connect through our programs, our people, our
events, and our facilities.
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Our Goal
Yearly review of Recreation Division Fees
o Existing Master Fee Schedule was approved by
City Council on April 16, 2025
o Anticipate the need to update fees each year in
relation to costs and market feasibility.
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I. Recreation & Parks Commission Review
• January 2026 – Fee Schedule Update Introduced
• March 2026 – Fee Schedule Update Approval
II. City Council Review
• April/ May 2026 Fee Schedule Update Approval
III. Department Implementation
• Summer Programs 2026
FY 26-27

TIMELINE

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Fee Updates
Fiscal Year 2026-2027
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FEE DESCRIPTION OR CATEGORY CHANGE
Sports
6 Aquatics Community Events
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NEW FEES
 Aquatic Events
 Late Fees
 Drop-In Sports
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FEE REDUCTIONS
Swim Passes Day Camp
8 Rentals

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Fiscal Impacts
Fiscal Year 2026-2027
9

Facility Use & Rental Policy
Fiscal Year 2026-2027

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Policy Updates
11 •Section 6.8
•Section 8.3
•Sections 8.13 - 8.16
•Section 12.2
•Section 12.4.4

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12

1 | Facility Renta l Policy & Procedures
City of Colton FACILITY USE & RENTAL POLICY
Community Services Department FY 26-27 Recommendations

1 POLICY STATEMENT

1.1 Base reservation fees are calculated according to User Group Classification and reservation space size/type. Based on the type of reservation, additional fees may also include equipment, maintenance, utilities, additional staffing, insurance, permits, and licensing.

1.2 Current fees are listed on the Community Services Department Master Fee Schedule.

1.3 The purpose of this Facility Reservation Rules & Regulations is to ensure that the use of City facilities is granted in a fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of City facilities are intended to partially recoup ongoing maintenance and operation costs of the facility. The Director of the Community Services Department has the discretion to make operational policy changes while policy changes pertaining to the fees will be reviewed and approved by the City Council.

1.4 Staff shall be responsible for enforcement of all policies, rules, and regulations established in this policy and shall have the authority to deny or terminate the use of the facility if a determination is made that the user does not conform to the requirements of this Facility Reservation Rules & Regulations and/or may cause damage to the facility.

1.5 City staff shall oversee and supervise all events at City facilities for the safety and wellbeing of the Applicant and facility. Staff shall be responsible for and have complete authority over the facility being used, all equipment, participants, activities, and any security firm(s) on site per the terms of this policy.

Staff shall have the authority to request changes in activities or the ending of activities. Applicants must comply with staff requests and instructions.

2 FACILITIES

2.1 This policy applies to the following City facilities, all associated rooms and amenities:

2.1.1.1 Frank A. Gonzales Community Center - 670 Colton Avenue

2.1.1.2 Lawrence Hutton Community Center – 660 Colton Avenue

2.1.1.3 Art Thompson Teen Center – 651 Mt Vernon Avenue

2.1.1.4 Peter S. Luque Center – 292 East O Street

2.1.1.5 Fleming Park – 525 North La Cadena Drive

2.1.1.6 Cesar E. Chavez Park – 600 Colton Avenue

2.1.1.7 Veterans Park – 290 East O Street

2.1.1.8 Elizabeth Davis Park – 1055 West Laurel Drive

2.1.1.9 Max Lofy Park – 351 East E Street

2.1.1.10 Rick Dauer Park – 955 Torrey Pines Drive

2.1.1.11 Prado Park – 3000 East Prado Lane

2.1.1.12 McKinley Park – 600 West Johnston Street

2.1.1.13 Colton Downtown Paseo – 135 West Valley Boulevard

2.1.1.14 Cooley Ranch Park – 2020 Duron Street

2.1.1.15 Colton K9 Memorial Dog Park – 1100 South La Cadena Drive

2.2 Use of City facilities is subject to the maximum room capacities.

2 | Facility Renta l Policy & Procedures
3 DEFINITION OF TERMS

3.1 "Applicant" means an individual or group, which submits a completed City of Colton Facility Reservation Application and required deposit to use any facility pursuant to the terms of this Use Policy. The date(s) requested by the applicant will be held provided that all terms and conditions of this policy are met.

3.2 "City" means the City of Colton, acting through its officials, representatives, agents, and employees.

3.3 "Confirmed Reservation" means a reservation issued by the City upon approval of a Facility Reservation Application for use of the facility or some portion thereof by an applicant, after all requirements of the Facility Reservation Rules & Regulations are met.

3.4 "Colton Based Non -Profit" means an organization that has a minimum membership of 55% Colton residents. A verified membership roster, the Articles of Incorporation and current IRS documentation indicating status as a Colton based non-profit will be required.

3.5 “Colton Resident” must present a photo ID with a Colton address and/or a current utility bill to verify residency.

3.6 "Inquiry" means when an individual or representative of a group seeks information about available dates for possible use by that individual or group. An available date cannot be held for possible use by making an inquiry.

3.7 "Local School Districts" includes Colton Joint Unified High School District.

3.8 "Other Governmental Agencies" means government agencies other than the City of Colton, which provide service to the Colton community (e.g., County of San Bernardino agencies, districts and authorities, and elected officials; State of California departments and elected officials, multi- city organizations and joint powers authorities to which the City belongs, Federal agencies, departments, and elected officials; etc.)

3.9 "Director of Community Services" means the administrative head of the Colton Community Services Department or designee.

3.10 “Reservation Appointment” is a date set for the Applicant to meet with city staff to determine if the space is the right fit for the applicant’s needs. At this appointment, the Applicant will turn in their memo of understanding, and pay fees and deposit.

3.11 “Vendor” is a business or organization the Applicant hires to perform a service. (Example caterer, DJ, florist…)

3.12 “Deposit” is a refundable amount of money the Applicant is required to pay to hold a reservation.

Deposits may not be fully refunded if damage, cancelations, or other issues occur.

3.13 “User” means an individual or group that obtains a confirmed reservation to use a Colton facility pursuant to the terms of this policy.

3.14 “Meeting Rate” is the fee rate set for any requested use that is for a business or organization formal, informal meeting or training.

3.15 “Banquet Rate” is the fee rate set for any requested use that includes food, food service, catering, dining setting & etc.

3 | Facility Renta l Policy & Procedures

3.16 “Hours” of Use are 7:00 a.m. -12:00 a.m., Saturday through Sunday at community center locations, are Sunrise to Sunset, Saturday through Sunday at park locations, and 8:00 a.m. to 10:00 p.m. at ball field locations.

3.17 “League” is a youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket

3.18 “New User” is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of a Facility Use Request Form. An organization, which changes its name but otherwise remains the same, shall not be considered a “new user.” Splinter, spin - off or subsidiary organizations will be considered “new users” if they have less than fifty percent of the original organization’s participants. A current organization that merges with another current organization shall not be considered a “new user,” provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect.

Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date.

3.19 “Participant” In a youth league, “participant” shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, “participant” shall include only those players eighteen (18) years of age or older.

4 GROUP PRIORITY RANKING

4.1 An individual or group seeking permission to utilize a City of Colton facility will be classified in one of the following groups. These classifications are used to establish priority of use and amount of the fee and/or deposit. The groups are as follows, in descending order of priority:

4.1.1 Group A – Activities conducted and/or sponsored by the City of Colton. Activities conducted by Other Governmental Agencies, local school districts, and City partners. No fees assessed unless part time staff costs are incurred.

4.1.2 Group B – Private events conducted by Colton residents.

4.1.3 Group C – Colton based approved non-profit organizations which hold a current 501c3.

4.1.4 Group D - Groups/organizations which hold current 501c3 non-profit status outside of Colton.

4.1.5 Group E - Groups/organizations which are commercial/business and/or recurring users.

4.1.6 Group F - Private events conducted by non -residents, non-resident groups/organizations, and businesses based outside Colton.

4.2 Recurrent Use

4.2.1 Recurrent use of Community Center Facilities is limited to availability.

4.2.2 Recurring users may only book six months (one quarter) at a time and reservation must be paid in full, thirty (30) days prior to the first reservation of the month. Contact the Coordinator to determine the quarterly schedule.

4 | Facility Renta l Policy & Procedures
5 APPLICATION & CONTRACT PROCEDURES

5.1 A non-refundable application processing fee will be applied to every reservation request, except those users that are exempt from reservation fees as specified in the Facility Reservation Policy.

5.2 Advance Reservation Procedures

5.2.1 Reservations may be made no earlier than:

5.2.1.1 Group A – No limit.

5.2.1.2 Groups B & C – Up to twelve (12) months in advance.

5.2.1.3 Group D, E & F – Up to six (6) months in advance.

5.2.2 Reoccurring users may submit a new application every quarter or 3 months. Contact the Coordinator for quarterly schedule.

5.2.3 Paper applications will be accepted Monday – Friday, from 9:00 a.m. – 5:45 p.m. only at the Gonzales Community Center. You may also get an application online at ww.coltonca.gov/Registration.

5.2.4 Acceptance of an application does not constitute approval.

5.3 Application Procedures

5.3.1 All applicants must complete a City of Colton Facility Reservation Application and pay all applicable fees and deposits per the City Council adopted fee schedule. The Applicant shall be classified and assigned a Group Priority Ranking in accordance with the definitions and priority rankings set forth in Section 4 of this policy.

5.3.2 All potential applicants shall complete an application a minimum of thirty (30) days prior to the event.

5.3.3 Reservations made less than thirty (30) days before the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submission. Fees paid are subject to cancelation policy and associated fees.

5.3.4 Depending on the nature of the reservation, the Community Services Department may require additional fees, insurance and/or security personnel.

5.3.5 All reservations are subject to the City Council approved fees and deposit requirements. No reservation shall be confirmed until appropriate fees, deposits, permits/licenses, and insurance are obtained and/or paid.

5.3.6 No reservations will be booked on holidays. For the purpose of this policy, holidays include New Year's Day, MLK Day, President's Day, Columbus Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve.

5.4 Facility Allocation

5.4.1 Facility allocation shall be the sole responsibility of City staff per the provisions of this policy.

The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the facility.

5 | Facility Renta l Policy & Procedures

5.5 Denial of Application

5.5.1 Room use may be denied, and the application rejected for the following reasons:

5.5.1.1 The facility is incapable of accommodating the proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance.

5.5.1.2 The Applicant has failed to demonstrate the ability to provide adequate security to assure that the event is conducted in a safe manner.

5.5.1.3 The Applicant has failed to agree to comply with all the conditions of th e Reservation Facility Rules and Regulations of those set forth in this document.

5.5.1.4 The activity is likely to cause physical damage to the facility and/or its equipment.

5.5.1.5 Conditions for the issuance of a facility use contract have not been fulfilled.

5.5.1.6 If it comes to the attention of the City that the Applicant has or will violate any law or regulation relating to the reservation of the City's facility or that the proposed use of the facility will violate any law or regulation.

5.5.1.7 Another event is already scheduled on the requested date.

5.5.1.8 The Applicant previously used the facility and failed to comply with applicable rules or conditions, or due to damage or lack of cleaning, did not receive all its security deposit back.

5.5.1.9 The Applicant has twice before canceled a scheduled event in the facility without prior notice.

5.6 Facility Reservation Permits

5.6.1 Upon approval of an application and payment of application fees, a facility reservation receipt will be issued authorizing the requested use of the facility.

5.6.2 The Director of Community Services may attach such conditions to the contract deemed necessary for the protection of the public health, safety and welfare and the maintenance and operation of the facility.

5.6.3 Applicant shall not transfer, assign, or sublet use of the reserved facility or apply for use on behalf of another person or organization. Contract holder must be present for event and must sign in with facility staff. Failure to comply may result in forfeiture of fees and/or deposits.

5.6.4 All guests and vendors must adhere to the Community Services Departments Code of Conduct.

5.6.5 If at any time prior to or during the scheduled event the Applicant is not in compliance with the policies and regulations stated in this policy or the conditions of the facility use permit, and after notice of noncompliance, has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation or terminate the event. Under those circumstances, no deposits and/or fee(s) shall be returned.

5.6.6 The City reserves the right to cancel a contract issued for any event or activity for its convenience. In the event of such a cancelation, notice shall be given as far in advance as possible, and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancelation by the City is necessary.

6 | Facility Rent a l Policy & Procedures
6 PAYMENTS & FEES

6.3 All Facility Reservations are subject to cancelation fees and deposit requirements established in the City Council approved fee schedule.

6.4 Balance of fees must be paid in full, a minimum of fourteen (14) days prior to the event.

6.4.1 In the case of reoccurring Reservations, fees must be paid on a monthly basis, in advance of the month. Example: Fees for a reservation from March - June, must be paid before March 1 for March dates, April 1 for April dates and so on.

6.5 Reservation fees paid 30 days or more prior to reservation date can be paid by personal or business check, cashier's check, credit card, or cash. Reservation fees paid 29 days or less prior to the event must be paid by credit card, cashier's check, or cash.

6.6 The City reserves the right to require additional cleaning deposits at its discretion based on the proposed use.

6.7 Failure to comply with the payment procedure in this policy may result in cancelation of event.

Cancelation fees will apply.

6.8 Any applied fee discounts list ed on the Community Services Department Master Fee Schedule shall only apply to hourly rates.

6.9 Security Deposit

6.9.1 A Security Deposit is charged for all reservations, except those users that are exempt from reservation fees, as specified in the facility reservation policy at City facilities. The deposit is refundable if there is no damage to the facility, no overage of time, no remaining balance is due, and the Applicant has been compliant with the reservation policies of the Department.

Please refer to the Refund Policy section for additional information.

6.9.2 The Security Deposit is due within fourteen (14) days of the notification of the Facility Reservation being approved. The remaining balance, including all other fees, are due a minimum of fourteen (14) days prior to the event.

6.9.3 Reservations made twenty-nine (29) days or less prior to the event must be paid in full upon processing.

6.9.4 In the event of damage, destruction or defacement, the Applicant shall be liable for all expenses required to repair, restore, or replace the facility, its furnishings, or equipment to its original condition. If damage is more than the deposit amount, the Applicant shall be required to pay the full cost of the necessary repairs. If the cost to repair damage is less than the deposit amount, the balance of the deposit will be refunded.

6.9.5 Deposits shall be refunded if proper cleanup is completed, Applicant is out on time, and no damage is incurred as a result of the reservation. This determination will be made by staff.

Applicable deposit balances will be refunded within 4 to 6 weeks back to the Credit Card used.

If paid by cash, check or money order, a check will be mailed to the person and address of the reservation contract holder.

7 | Facility Rent a l Policy & Procedures

6.10 Cancelation by User

6.10.1 Facility Reservations: In the event the Applicant requests a cancelation or rescheduling of their reservation event after seven (7) calendar days from the time of the approval of the permit, a cancelation or rescheduling fee will be withheld from any fees paid and/or the reservation deposit.

6.10.2 Applicant is responsible for notifying the Community Services Department in writing of any changes or cancelations to their reservation. Fees or forfeit of deposit may apply.

6.10.3 All reservations shall adhere to the following cancellation/refund policy:

6.10.3.1 If canceled 30 days to 90 days prior to the event, any reservation fees paid shall be refunded, but the processing fee will stand, along with the 5% non -refundable service fee for each financial transaction processed through the Active.Net software systems.

6.10.3.2 If canceled less than 29 days prior to the event, 25% of the fees shall be assessed.

6.10.3.3 Any reservation date changed prior to the event is subject to a $25 processing fee.

If a second change of date is requested, cancelation fees apply.

6.10.3.4 All change of date requests/approvals are subject to facility availability.

7 AVAILABLE SPACES

7.1 Community Center Facilities

7.1.1 Reservation time must include set-up and clean-up time.

7.1.2 Saturday and Sunday use of Community Center Facilities require a minimum four (4) hour reservation period.

7.1.3 Outdoor areas are only available with reservation of the Hutton Main Room depending on availability.

7.1.4 All room reservations include tables and chairs upon request and availability.

7.1.5 Additional permits and/or fees may be required depending on the type of use.

7.2 Kitchens

7.2.1 The Community Center Facility Kitchens are only available at additional cost in association with adjoining rooms at the Gonzales Center and Hutton Center. Kitchen equipment includes refrigerator/freezer (items must be removed after each scheduled use), ice machine, warming oven, stove top, and a sink.

7.2.2 No cooking is allowed at indoor City facilities. For purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc.

8 GENERAL OPERATING REGULATIONS
Your reservation does not entitle you to exclusive usage of the facility. Shared restrooms and common areas may be accessed by the general public. Other areas of the building may be off limits to you and your guests

8 | Facility Rent a l Policy & Procedures
depending on the operational hours of the facility. The City of Colton Community Services department reserves the right to suspend use of a facility group or individuals that do not comply with the established rules and regulations and Code of Conduct.

8.1 Reservation Staffing will be required for every reservation. The number of staff required will depend on the location and size of the event.

8.2 Advertising Materials may be left with staff for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded.

8.3 Animals are not permitted inside City facilities except service animals.

8.4 City Equipment may not be moved, rearranged, or altered for purposes other than its intended use.

City equipment shall not be removed from the facility.

8.5 Clean up is the Applicant's responsibility and includes, but is not limited to, wiping of tabletops, cleaning of chairs, disposing of all trash into proper receptacles, sweeping of kitchen floor, wiping of counter tops and kitchen equipment, cleaning up all spillage on/in floors, refrigerators/freezers, and ovens, and removal of all user-owned or leased (non-City owned) items by the end of the reservation.

8.5.1 Trash – The City will provide trash receptacles and trash bags. Staff will periodically check on the trash and will empty as needed. Please notify staff if trash needs to be emptied during the event. Once the event is in clean-up time trash becomes the responsibility of the Applicant.

8.6 Commercial Use of City Facilities for profit and private gain is prohibited. Colton -based non-profits may use City Facilities to conduct fundraising efforts (but no cash handling on site), provided that 100% of the funds generated are received by the organization.

8.7 Decorations require prior approval by staff. No signs or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings, drapes, or other City property without written approval.

Decorations must be fireproof. Patio decorations, tents, or other equipment must also receive written approval. No rice, birdseed, confetti, or other similar items shall be thrown in or around the facility.

Balloons must be secured and not released. Metallic ribbons may not be attached to balloons. A portion of the deposit will be held if staff must retrieve released balloons or if any decorations cause damage to the facility.

8.8 Unloading and l oading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas. Personal and reservation items brought in the reservation must be removed at the conclusion of the reservation.

8.9 Discrimination by User Groups is prohibited. The City of Colton shall not rent, lease, or allow use of its public facilities by any person or organization that illegally discriminates on the basis of race, color, creed, marital status, sex, religion, national origin, ancestry, sexual orientation, or handicap condition.

8.10 Events not covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A variance may be required as provided in Section 10.

8.11 Facility Applicant's Property must be removed from City facilities immediately following activity including all decorations, equipment, supplies, etc... The City reserves the right to remove any remaining items from the premises and have them stored at the Applicant's expense. If such equipment or supplies are not claimed within two (2) weeks after notice to the Applicant, the City reserves the right to dispose of such material in any manner it deems appropriate and retain any proceeds received from such

9 | Facility Rent a l Policy & Procedures
disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the Applicant with payment due and payable in thirty (30) days.

8.12 Fire/Open Flame use is strictly prohibited.

8.13 Food and Beverage regulations apply to all reservations. No cooking is allowed at City facilities. For purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc.

Use of outside areas for food heating and cooking is prohibited unless the food vendor is approved by City Staff.

8.13.1 Approval for outdoor concessions or food vending requires the following documentation to be considered for approval: valid auto insurance for each vehicle entering the site; California State Board of Equalization Annual Seller's Permit or a Temporary Seller’s Permit; and a San Bernardino County Department of Environmental Health Services (DEHS) permit.

8.14 Illegal activity is prohibited. All groups and individuals using City facilities shall comply with City, County, State, and Federal laws. Illegal acts, including but not limited to fighting, gambling and lewd conduct, are prohibited. Illegal activities will be immediately reported to law enforcement. Rental fees will not be refunded if permit is terminated early.

8.15 Incense, Fog, Hazer or Smoke Use is not permitted at City facilities at any time.

8.16 Alcohol, Smoking, vaping, and/or tobacco or Marijuana use of any kind is not permitted in City facilities or parks. Noncompliance will be immediately reported to law enforcement. Rental fees will not be refunded if permit is terminated early.

8.17 Maximum Attendance regulations apply to all reservations. All reservations are subject to and may not exceed the maximum room capacities. Failure to comply may result in termination of event.

8.18 Minors shall be supervised by one adult for every 20 minors under the age of 18.

8.19 Parking lot use is established to primarily service the facility and is not a rentable space.

8.20 Parking at the facility shall be in marked stalls in designated parking areas and legal spaces on the streets only. Driving on the sidewalk, grass or dirt areas is prohibited.

8.21 Public Portions, including heating and air conditioning systems, are operated solely by the City and shall be operated in a manner deemed best by the City.

8.22 Doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and egress. During use of City facilities, all exit doors shall be unlocked and shall not be blocked in any manner.

8.23 Sleeping or lodging is not permitted in City facilities or parks.

8.24 Funeral Receptions/ Celebration of Life rentals for Colton Residents may include two hours at no cost for a four hour rental IF the primary contact is a Colton Resident and the event hours occur during the regular business hours at the facility or two hours at a 25% discount if the event is outside of business hours.

10 | Facility Rent a l Policy & Procedures

8.25 Park Restrooms are unlocked daily at approximately 10:00 a.m. and remain open until the park closes at Sunset.

9 SECURITY (IF REQUIRED)

9.1 The City reserves the right to require security whenever it deems it appropriate.

9.2 Event may be required to have additional security, as determined by staff.

9.2.1 Security must be from a licensed and bonded company and approved by the Director of the Community Services Department. Additional paperwork will be required.

9.2.2 Security must be present ½ hour prior to the start and through the end of the event (including clean-up hour).

9.2.3 Cost of security is the responsibility of the Applicant.

10 LIABILITY & INSURANCE (If required)

10.1 General Liability Insurance

10.1.1 High Risk and/or reoccurring users of the facility shall procure and maintain, at their own expense and for the duration of the event covered, comprehensive general liability in an amount not less than one million dollars ($1,000,000) per occurrence two million ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. Depending on the nature of the proposed facility use, additional insurance may be required.

10.1.2 The policy must include contractual liability that has not been amended.

10.1.3 Insurance shall contain no special limitations on the scope of protection afforded to City and City personnel.

10.1.4 Insurance shall be the primary insurance and any insurance or self - insurance maintained by City or City personnel shall be in excess of the user's insurance and shall not contribute with it.

10.1.5 Insurance shall be "date of occurrence" rather than "claims made" insurance.

10.1.6 Insurance shall apply separately to each insured against the limits of the insurer's liability.

10.1.7 Insurance shall be written by insurance companies qualified to do business in California and rated "A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City's Risk Manager due to unique circumstances.

10.1.8 The Applicant's policy must include a 30-day written cancelation notice.

10.1.9 Applicant must file an original copy of the Certificate of Insurance no later than 14 days prior to the event date. If a certificate is not on file by this date, insurance fees will apply.

10.2 Additional Insured Endorsement

10.2.1 Additional insured endorsements are required and must accompany the Certificate of Insurance.

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10.2.2 Additional Insured Endorsement must also indicate policy number, date, name of insurance company and name of insured and must name the City, its officers, employees, agents, and volunteers as additional insureds as to comprehensive bodily injury, personal injury, and property damage liability.

10.2.3 To the full extent permitted by law, Applicant shall defend, indemnify and hold harmless City of Colton, its officials, employees and agents, from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee's authorized use or occupancy of the facility and adjoining property unless solely caused by the gross negligence or willful misconduct of City of Colton, its officers, employees, or agents.
11 VARIANCES
An applicant may request a variance from one or more of the rules set forth within in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.

11.1 Variance Request Process

11.1.1 Variances must be requested in writing to the Community Services Director. The request must set forth the unusual circumstances that justify a deviation from the ordinary rules. The decision of the Director of Community Services Department is final.

11.1.2 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood.

11.1.3 In the event a variance is granted, the Applicant will pay any supplemental fee necessary to compensate the City for additional costs associated with the variance.

11.2 Variances may be requested only from the following requirements:

11.2.1 Hours of use beyond closing times stated in this policy.

11.2.2 Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls.

11.2.3 Large events that involve the use of multiple rooms and/or spaces not normally scheduled for use and uses that may result in parking of event attendees in areas beyond the boundary of the City facilities or parking lots, or events not covered in this Use Policy.

11.2.4 Requests for waiver or discount of fees when it can be demonstrated that the use will provide a substantial and measurable benefit to the Colton community.

12 BALLFIELD USE
The demand for the use of City field amenities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. This policy has been established to ensure that the fields are used for recreational, educational, and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses.

Furthermore, to ensure that the needs of community- based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this policy.

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12.1 Allocation Process

12.1.1 The allocation process begins with the annual Ballfield Allocation Meeting. Typically held in January and July, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre - requisites.

12.1.2 All Colton Based Non-Profit Youth Sports groups interested in obtaining ballfield use permits at any city facility must have an authorized representative in attendance at the bi -yearly Allocation Meeting to present the request for their organization. No more than two representatives per sports group.

12.1.3 Requests for ballfield space from groups not represented at this meeting will be considered only after space is allocated to the groups with representatives in attendance. Organizations who do not send a representative may lose their priority rating for scheduled use of facilities.

12.1.4 Applications to reserve the use of City fields are made through the Community Services Department. This includes fields shared with the Colton Joint Unified School District.

12.1.5 Priority will be given to qualified groups submitting an application and required documents at the Allocation Meeting. Applications must be submitted a minimum of fourteen (14) days prior to intended use. Applications must be complete with specific dates, days, and times requested. “blanket” reservation requests will not be accepted or approved.

12.1.6 All applications are subject to review by the Community Services Department and may be rejected based on the date submitted, missing required documentation, field availability and/ or outstanding balance due on account.

12.1.7 Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of fourteen (14) days prior to field use date.

Outstanding balances may not be carried over into the next allocation period. Payments may be made to Community Services Department. Failure to pay the outstanding balance on or before the end of the allocation period will result in the group forfeiting priority on traditional fields and non-issuance of permits for upcoming allocation periods.

12.1.8 Organizations serving Colton youth (17 years of age and under) shall have priority for athletic field space over organizations serving adults.

12.1.9 Organizations with a “recreational” philosophy and open -enrollment registration shall have priority over competitive, restrictive, exclusive, travel, or “Club” organizations. Open - enrollment means that no prospective participants are denied registration and full participation in the program, regardless of skill level or ability to pay. The City may require organizations to state their open-enrollment policy on printed material, the wording of which shall be approved by the Community Services Department.

12.1.10 In scheduling facilities, the Community Services Department shall make an effort to schedule specific organizations to specific athletic fields and/or parks. This will minimize confusion and/or issues related to multi -user facilities, concession areas, storage facilities, common areas, etc.

12.1.11 In scheduling facilities for athletic leagues, the Community Services Department shall take into account the need for game time slots for league play, before considering the need for practice time slots. The Community Services Department may also take into account any other non - City athletic field facilities that have been secured by each applicant group. This includes, but

13 | Facility Rent a l Policy & Procedures
is not limited to, usage of Colton School District facilities.

12.1.12 Each Colton Based Non -Profit Youth Sports organization filing Reservation Application for field use will be required to submit all documentation to the Community Services Department no later than fourteen (14) days prior to the start of season. Failure to submit the required documentation by the specified deadlines may result in the following penalties:
 Users may be denied all use for the upcoming allocation period.  Users may be denied lighting usage.
 Users may not receive some or any fields requested.

12.2 Criteria for Participation in the Allocation Process

12.2.1 To qualify as a Colton Based Non-Profit Youth Sports Organization, the following criteria must be met:
 Organization must have a Charter.
 Organization must have a Board of Directors.
 Organization must have a current Determination Letter of Exempt Status, U.S.

Treasury or State of California 501c3 or certify affiliation with a national non- profit organization.
 Organization must have a current San Bernardino County Health Department Snack Bar permit.
 Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
 Organization must coordinate league within City limits, schedule games based on registration for play in Colton, and maintain a 55% overall residency of participants.
 Organization must submit game schedules prior to the start of season.  Organization must be managed by volunteers. All adult volunteers must successfully pass a background check.
 Organization must uphold parents, coaches and participants to an approved “Code of Conduct,” as initiated in their Bylaws and rules and regulations. • NOTE: Failure to submit and uphold all members of an organization to an approved “Code of Conduct” may result in an organization’s forfeiture of all field allocations.
 Organization must conduct all sport related activity on issued field space and within time allocated based on permits.
 Rosters with proof of residency may be required and are subject to request of the Colton Community Services Department.

12.3 Documentation Required Each Allocation Period

12.3.1 At each allocation period the following documentation will be required from each participating youth sports organization with a Reservation Application:
o User Group/Organization Information Sheet
o Season Timeline
o Articles of Incorporation and/or Bylaws
o Valid Certificate of Insurance and Endorsements
o Valid Determination Letter of Exempt Status
o Valid San Bernardino County Health Permit for Snack Bar Operations o Signed Field Usage Agreement
o Sample Code of Conduct
o Master Schedule (including games & practices with team names)

14 | Facility Rent a l Policy & Procedures
o Signed Lighting Agreement
o Copies of any facility permits for use of CJUSD fields/ o League Financials (from previous season)
o Team Rosters (including participant’s name, address, city, zip code, and phone number. Included with the rosters should be a residency verification for each individual participant. Examples: gas, electric, phone, cable, and/or water bill. The City of Colton reserves the right to audit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete rosters or rosters with less than the age division or minimum player rule per team will not be accepted.)

12.3.2 Failure to submit the above-mentioned information by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.

12.3.3 Allocations will not be finalized until all required documentation has been submitted.

12.3.4 Permits are created based on the following criteria: season, sport, number of teams per organization, group classification, age division and league seniority.

12.3.5 Permits will not be issued by the Community Services Department until all conditions are met and all necessary documentation has been completed and received by the Community Services Department.

12.3.6 The City has the final say in which field(s) an organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested. Every attempt will be made to meet schedule requests. However, youth organizations should not assume field availability for new/or expanding programs.

12.3.7 All conflicts will be resolved according to priority of usage.

12.3.8 Permitted use will include snack bar access. Use of the Snack Bar for food sales or feeding is contingent on the youth sports organization holding a valid San Bernardino County Health Permit for such activity.

12.4 Field and Snack Bar Access

12.4.1 Permitted Colton Based Non-Profit Youth Sports Group will be issued one set of keys once the reservation application, allocation fees, insurance and non -profit documentation has been received. Keys must be returned within fourteen (14) days of their last permitted date.

Unreturned keys will be replaced at the Youth Sports Group expense as determined by the Community Services Master Fee Schedule.

12.4.2 Any keys issued for field access are NOT to be duplicated.

12.4.3 Any permitted Colton Based Non -Profit Youth Sports Group wishing to add a padlock to any gate at a City facility, must notify City Staff prior to placing the lock and provide two copies of the key to City Staff.

12.4.4 The Colton Based Non -Profit Youth Sports Group’s President, board members, or designated representative as listed on the application shall open and close the premises while identifying an on-call representative to the on -site lead. The designated representative who opens and closes the premises must complete a facility walk -through to ensure usability and safety. A list of the Colton Based Non -Profit Youth Sports Group’s designated representatives must be submitted and approved by City Staff prior to receiving keys issued for facility access. Failure to observe this condition may be grounds for the immediate cancellation of the reservation.

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12.4.5 Colton Based Non-Profit Youth Sports Group may not sublease, lend, share, or give away fields that have been reserved under their name. Any infractions found may result in immediate loss of field use. This may jeopardize future use of fields and leagues opportunities to submit future applications.

12.4.6 This is restricted to approved vehicles only and use on Athletic Fields is restricted to field maintenance and preparation. Vehicles must be in good operational condition. Full size vehicles are restricted from infield areas.

12.4.7 All banners must be in compliance with the City Sign Ordinance. User group must submit a Temporary Sign/Banner Application to the Community Services Department specifying the Promotional Banner requirements. All banners must be maintained in good condition and hanging properly. All banners must be of appropriate nature. The City can request banners be removed for any reason.

12.4.8 All team coaches, or youth sports group organization representatives using the fields, shall possess a copy of the approved facility use application for the league. The Youth Sports Organization designated representative shall be responsible for distributing copies of the permit to all applicable parties.

12.5 Field Maintenance

12.5.1 The allocated organization is responsible for the daily cleanliness of the ballfield, any concessions, seating & restroom areas, and park space immediately adjoining.

12.5.2 General conditioning of dirt infields shall be the responsibility of the allocated organization, including dragging, watering, and marking.

12.5.3 A permitted Colton Based Non-Profit Youth Sports Group is to inform City Staff every time there is a maintenance issue and provide photos when possible. City Staff must approve any improvements or repairs that are to be made by the Youth Sports Group.

12.5.4 Requests for maintenance or repairs will be submitted to the relevant City Department on a regular basis.

12.5.5 Report immediate emergencies (broken water lines, gushing sprinkler heads, etc.) to the Recreation Division at 909-370-6153 during business hours or at 909-370-5000 after hours or on weekends. When calling, the caller should be prepared to fully identify themselves, their location (park/field), and the specific nature of the emergency so that the appropriate staff can be dispatched.

12.6 Field Closures

12.6.1 The City of Colton reserves the right to suspend facility availability during periods of inclement weather, poor playing conditions, damage (which would cause hazardous safety considerations), and for necessary maintenance.

12.6.2 When thunder is heard and lightening is seen during field use, the User Group must suspend play and take shelter immediately. Once play has been suspended, User Group shall wait at least (30) thirty minutes after the last thunder is heard or lightning flash is witnessed prior to return to play.

16 | Facility Rent a l Policy & Procedures

12.6.3 User Groups may reserve the right to cancel practices or games if they feel that the fields are unplayable due to weather conditions. User Groups are required to make every effort to contact Community Services Department Staff to report the cancelation. Lights may be canceled, and fees may be adjusted.

12.6.4 The Community Services Department reserves the right to cancel Field Permits without notice due to unforeseen circumstances and/or renovation schedules. Every effort will be made to inform the user group as soon as information becomes available.

12.7 Field Lighting Access

12.7.1 Each user group will be provided access to turn on and off field lights during permitted field usage. The Community Services Department will manage the lighting schedule and final approval on all lighting requests.

12.7.2 A primary Musco lighting system user must be designated by each permitted Youth Sports Group, who is required to sign a lighting user agreement for the allocation period. The user will be issued a login and password when a permit is approved, and access will be deactivated when the permit ends.

12.7.3 A designated League Representative will have access to turn lights on or off via telephone and the pertinent ball fields lighting schedule via the MUSCO website (www. control-link.com).

12.7.4 Username and confidential password will be established by each User Group’ s representative.

The username will remain constant, and the password will be changed at the field allocation meetings in December and June, where user groups will be issued a new confidential password.

12.7.5 Scheduling Light Usage

12.7.5.1 User groups will only have lighting access to those fields, days/times, for which they are allocated. Lights must be turned off when the user group has left for the day or in the event that the day’s activities are cancelled.

12.7.5.2 Adjustments should be made for time changes and sunset, as well as inclement weather. Do not use the ‘sunset’ setting.

12.7.5.3 Several user groups share the same space, it is important to refer to permits to ensure that there is no unauthorized usage of lighting.

12.7.5.4 If games or practices are cancelled or end early, user groups must turn off lights with their own access codes or email Community Services Department Staff before 5:00pm.

12.7.5.5 Organizations who fail to abide by the master lighting schedule will be in violation for unauthorized usage of lighting. Community Services Department Staff will conduct periodic audits and groups in violation will be charged a per hour rate for unauthorized lighting access.

12.7.5.6 The curfew for all lights is 10:00 p.m.; therefore, all leagues are encouraged to conclude by 9:45 p.m. to allow participants time to clear area.

12.7.6 Temporary lighting access will be provided by City Staff for the first fourteen (14) days of practice if all required documentation has not been submitted. Lights will be scheduled based on APPROVED practice schedules.

17 | Facility Rent a l Policy & Procedures

12.7.7 If a youth sports organization would like additional lighting for field maintenance, repair or for a meeting, access must be authorized and allocated by the Community Services Department in advance.

12.7.8 In the event of inclement weather (i.e. rain, wind, etc.), the Community Services Department will turn off light access to the fields that have been deemed “Closed” by the Community Services Department. The user groups will be notified via email and/or phone.

12.8 Tournaments

12.8.1 All resident and non -resident organizations conducting tournaments or fundraiser games must pay applicable fees determined by the Community Services Department Master Fee Schedule.

Any Colton Based Non -Profit Youth Sports Group conducting a tournament or adult play use must submit a separate reservation application form for those dates.

12.8.2 Tournament dates should be submitted as soon as the league is aware. Tournament dates and facilities are not guaranteed if the requested dates and fields fall outside of the current permitted usage.

12.8.3 Any Colton Based Non-Profit Youth Sports Group conducting non -league or charter-sanctioned games, practices, tournaments, sport related activities or subletting the group’s permitted fields must pay applicable fees determined by the Community Services Department Master Fee Schedule and will lose their priority status for one calendar year.

12.8.4 The User is responsible for cleaning the dugout, stands, snack bar and the field following their use. Under the permit, the User assumes financial responsibility for any damages, and/or field repairs due to their organization’s use.

12.9 Youth Sports Group Use of Meeting Space

12.9.1 All youth sports organization’s sign ups and meetings taking place at a City facility must have a reservation application submitted. No fees will be charged if the requested date and time occurs during business hours. Otherwise, fess will be incurred at the Colton Based Non -Profit rate. The authorized representative submitting the application should follow all the above reservation policies regarding facility use.

12.10 Three Strikes Policy
The purpose of this policy is to implement a systematic method of enforcing the City of Colton’s Municipal Code and the Facility Use Policy. Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization. The Community Services Department reserves the right to cancel or suspend approved for games, practices, and other usages based on user groups violation of the City Municipal Code or established Facility Use Policy.

12.10.1 Non-Adherence to City Policy and City O rdinances may result in the cancellation of current and/or future use.

12.10.2 The following are examples that may result in strikes being issued:
o Illegal use of fields without a permit.
o Illegal use of park space not designated for intended athletic sport related use. o Vending on City premises without permit or written consent of the Community Services Department.
o Organizations found to be practicing or playing games prior to or outside of their permitted time and/or date.
o Organizations found to be sub-letting or swapping field permits with any other organizations.
o Organizations found to be practicing or playing games on fields which have been

18 | Facility Rent a l Policy & Procedures
previously closed due to inclement weather or any other purpose. o Organizations failing to meet the allocation period financial obligations. o Organizations conducting adult practice and/or games on fields allocated to youth. o Organizations not utilizing permitted fields.
o Organizations utilizing athletic facility lights outside of reserved time frame.

12.10.3 Strike One
Consists of documented activity in direct violation of the City Municipal Code or Facility Use Policy.

A letter will be written to the user group president and field allocation representative documenting the violation. The letter will be placed in the group’s file. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

12.10.4 Strike Two
Occurs after a second documented violation within a current allocation period. The group will be informed in writing that a Community Services Department Staff will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

12.10.5 Strike Three
The third documented violation within the current allocation period. All permits held by said organization/entity for the remainder of the allocation period and future allocation will be revoked. This may be appealed to the Community Services Department designee. Staff costs will be absorbed by the organization as stated by the Community Services Master Fee Schedule.

12.10.6 Notwithstanding the above, the City has the discretion to revoke the right to use any field or facility to any User Group immediately without following the three strikes procedure set forth above if the violation of state law, the Municipal Code, this policy or other policies, rules or regulations warrant such immediate revocation as determined by the City in its sole discretion.

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RESOLUTION NO. R-21-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PERFORMED BY

THE COMMUNITY SERVICES DEPARTMENT

WHEREAS, the City Council has previously approved a Master Fee Schedule for the Community Services Department on May 4, 2026 and

WHEREAS, due to ongoing inflation, continued increases in the cost of supplies and equipment, and rising staffing expenses driven by minimum wage and related regulatory requirements, periodic adjustments to fees are necessary to sustain current service levels and maintain program quality; and

WHEREAS, a properly noticed public hearing was held on April 7, 2026 to receive public comments on the proposed changes to the Community Services Department fees and charges.

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

SECTION 1: Adoption of Fees and Charges. The fees and charges set forth in Exhibit “A” attached hereto and incorporated herein by reference shall take effect and be in force according to law.

SECTION 2: Effective Date of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereafter this Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED this 7h day of April 2026.

________________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

ISSAC T. SUCHIL, City Clerk

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Aquatics Recreation Swim - Children (2 hours)
Aquatics Recreation Swim/ Lap Swim - Adult (2 hours)
Aquatics Recreational Swim Family Day Pass - 2 Adults/ 3 Youth Aquatics Recreational Swim Pass - Youth (0-17 years) 30 38 Aquatics Adult Lap Swim Season Pass (Weekdays Only) 100 120 Aquatics Senior Lap Swim Season Pass (Weekdays Only) 100 150 Aquatics Swim Lessons 81 100
Aquatics Pre-Competition Level 107 132
Aquatics Adult Swim Lesson 95 117
Aquatics Semi-Private Swim Lesson (up to 3 youth participants) 121 149 Aquatics Private Swim Lesson 180 224
Aquatics Pool Rental - (During business hours) 250 315
Aquatics Pool Rental - (Outside of business hours) 345 430 Aquatics Pool Rental - Additional Hour
Aquatics Pool Rental - Additional Guards (2 hours)
Aquatics Dive In Movie - Children (4 hours)
Aquatics Dive In Movie - Adults (4 hours)
Aquatics Dive In Movie - Family Pass - 5 persons (4 hours) Aquatics 18+ Event Entrance Fee (3 hours)
Community Event Fun Zone Wristband Fee (range)
Community Event Food Concessions (Event attendance 50-1,000) Community Event Food Concessions (Event attendance 1,500-5,000) Community Event Booths - Business/ Corporations (Event attendance 50-1,000) Community Event Booths - Business/ Corporations (Event attendance 1,500-5,000) Community Event Booths - Nonprofit Resource (Event attendance 50-5,000) Community Event Booths - Crafts/Small Business (Event attendance 50- 1,000) 0 29 Community Event Booths - Crafts/Small Business (Event attendance 1, 500-5,000) 20 40 Community Event Parade Entry Late Fee
Classes Contract Class Fees Varys Varys
Classes Non Resident Fee - Contract Classes (+25%)
Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 101 129 Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 80 100
Day Camp Youth Camp - Daily Fee 28 32
Day Camp Sibling Discount (Must be for the same week)
Day Camp Multi Child Discount (3 or more enrolled in the same week) 75 101 Day Camp Package Deal (4 Weeks) 365 460
Excursions Trip Fee Range 20-70 add $5
Military Banner New Banner 475 475
Military Banner Replacement Banner 200 200
Military Banner Relocation 120 120
Military Banner Mini Replica Banner 75 75
Miscellaneous Brochure Fee 1 1
Miscellaneous Active.com Transaction Fee
Miscellaneous P/T Staff Fee (per hour/ per staff) 28 37 Miscellaneous Coupons / Promotions
Miscellaneous City Employee Discount
Miscellaneous Gift Certificates

CITY OF COLTON
Community Services Department - FY 26-27 Fee Schedule

EXHIBIT A
Effective May 4, 2026
(as needed)
115
90 5
10 25
10-20
40 3
6 15
$25 less per week
80 50
100
0 25
(+) 7.5% each transaction
5-26
(as needed)
5% off Resident Rate

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Reservations Facility Reservation Application Fee 58 92 Reservations Park Rental Application Fee 28 44
Reservations Banquet Event - Gonzales Center 99 151
Reservations Banquet Event - Hutton Center Main Room or Patio 124 187 Reservations Gymnasium - Athletic use (per court-per hour) 87 131 Reservations Gymnasium/ Boxing Gym - Non-Athletic Use (Minimum of 3 hours) 168 250 Reservations Funeral Discount - During Business Hours (Maximum of 2 hours) 0 Staff Time Reservations Funeral Discount - Outside of Business Hours (-25%) Reservations Meeting - Gonzales Center/ Teen Center 80 136 Reservations Meeting - Hutton Center Main Room or Hutton Patio 113 167 Reservations Kitchen - Gonzales Center/ Teen Center 50 75 Reservations Warming Kitchen - Hutton Center 75 100
Reservations Hutton Center Patio - add on to Main Room Rental 45 57 Reservations Athletic Field Allocation Fee - per league per season 300 650 Reservations Athletic Field Usage - Youth Groups: Non-Profit (per hour) (-50%) (-50%) Reservations Athletic Field Usage - Youth Groups: For Profit (per hour) 15 32 Reservations Athletic Field Usage - Adult Groups (per hour/ per field) 35 70 Reservations Athletic Field Lighting Fee (per hour/ per field) 22 43 Reservations Athletic Field Lock & Key Replacement (per park) Reservations Cleaning Fee (Gymnasium)
Reservations Cleaning Fee (Rooms)
Reservations Cleaning Fee - Veterans Park (Fields-stands, dugouts and restrooms) Reservations Cleaning Fee - All other Fields (Fields-stands, dugouts and restrooms) Reservations Equipment Rental - Stage Rental (per day)
Reservations Equipment Rental - Ceiling Drapes (Hutton Center Only) Reservations Equipment Rental - Pipe & Drape Walls
Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) Reservations Equipment Rental - Lighting System
Reservations Equipment Rental - Drink Service (cold drink dispensers, coffee pots) Reservations Equipment Rental - Food Service (trays, stands, serving ware) Reservations Equipment Rental - Portable Speaker/ Mic
Reservations Equipment Rental - Small Sound System
Reservations Equipment Rental - Large Sound System
Reservations Equipment Rental - Projector
Reservations Equipment Rental - Laptop
Reservations Equipment Rental - Damage Deposit (range)
Reservations Equipment Rental - Staffing Fee to Operate Equipment 28 37 Reservations Equipment Rental - Volleyball System (per court) Reservations Fleming Park and Bandshell (per day) 302 423 Reservations Non-Profit Discount 50% 25%
Reservations Picnic Shelter (per day) 80 100
Reservations Security Deposit (Parks/ Pool/ Paseo) 100 125 Reservations Security Deposit (Centers/ Fields) 200 260 Senior (50+) Dances/ Events (price range) $7-$15 (+25%) Senior (50+) Dances/ Events Non-Member/ Non-Senior Guest (price range) Senior (50+) BINGO Daily Fee (1 card)
Senior (50+) Membership Fee - Yearly 20 25
Community Services Department - FY 26-27 Fee Schedule Effective May 4, 2026

CITY OF COLTON
50-100
150-500
20-250

EXHIBIT A
350
200
302
234
283
250
25 200
150
25 50
100
200
200
150
50 $15-$30

0.50

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Senior (50+) Membership Fee- Yearly- Veterans 16 21
Special Event Application Fee 202 328
Special Event Application Fee (Non Profit) 87 116
Special Event Street Closure (Per Street) 150 250
Special Event Access to Electricity 150 250
Special Event Paseo (per hour with 2 staff) 100 150
Teens Special Events (price range for program members)
Sports Adult Daily Pass 4 6
Sports Adult Sport - Returning Team
Sports Adult Sport - New Team
Sports Adult Sport Free Agent Fee 45 59
Sports Adult Sport - Team Forfeit Bond
Sports Youth Sport League (10 Game Season) 118 149
Sports Teen Basketball (8 Game Season & Playoffs) 106 128 Sports Late fee for Youth registration established deadline Sports Youth Sports Class/ Program (6 Class Dates) 87 99 Sports Adult Season Pass for Drop-In (Per Quarter - 4 Months) 250 300 Sports Adult Summer Saturdays Pass (8 Dates) 65 85
Sports Late fee for Adult registration established deadline

CHILDCARE DESCRIPTION RESIDENT NON-RESIDENT
Registration Fee (per family, at enrollment) 35 Childcare Field Trip (Optional) 25
Late Pick-up Charge (for every 1-15 minutes late) 8 Late Payment Charge (after the 25th of each month) 25 Part-Time Care Rate .25 - 6.25 hours per day 20 Full-Time Care Rate 6.5 or more hours per day 30 Sibling Discount (for additional family members)

LIBRARY DESCRIPTION RESIDENT NON-RESIDENT
Cards Library Cards
Cards Replacement Card 1.5 5
Overdue/Late Materials (per day) Inter-Library Loan Materials Overdue/Late Materials (per day) AV Material Returned Outside Damage Audio Books - Album/CD Case
Damage Audio Books - Missing Barcode, Due Date Card/Pocket Damage DVD's/CD's - Outer Plastic Case (single)
Damage DVD's/CD's - Outer Plastic Case (double)
Damage DVD's/CD's - Missing Barcode, Due Date Card/Pocket Damage Minor Damage Repair
Replacement Periodicals
Replacement Replacement Hardbound - Adult & Young Adult Replacement Hardbound - Children's
Replacement Paperback - Adult & Young Adult (standard)
Replacement Paperback - Adult & Young Adult (oversize)
Replacement Paperback - Children's

CITY OF COLTON EXHIBIT A
Community Services Department - FY 26-27 Fee Schedule Effective May 4, 2026 15% of total bill

add $5 for non-members
20 26
7 FREE
2 1
5 10
21 10
2 2
4 2
2 15
25 356
392
60

LIBRARY DESCRIPTION RESIDENT NON-RESIDENT
Replacement Read-a-Longs - CD's
Replacement Read-a-Longs - Paperback
Replacement Audio Materials - Audio Books
Replacement Audio Materials - DVD's
Replacement Audio Materials - CD's
Room Rental Meeting Room - 1st Hour 77 155
Room Rental Meeting Room - Each Additional Hour 61 72
Print Fees Black and White Prints
Print Fees Color Prints

CITY OF COLTON EXHIBIT A
Community Services Department - FY 26-27 Fee Schedule Effective May 4, 2026 8 26
45 25
15 0.25

0.5

Item: 1.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Carlos Campos, City Attorney
Item Name: Ordinance - Appointment to City Boards, Commissions, and Committees - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to Amend Section 2.30.060 of Chapter 2.30 of Title 2 (Administration and Personnel) to Revise Qualifications and Eligibility for Appointment to City Boards, Commissions or Committees, Ordinance No. O-08-26.

Recommended Action:

That the City Council introduce by title only and waive further reading of the following ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTION 2.30.060 OF CHAPTER 2.30 OF TITLE 2 (ADMINISTRATION AND PERSONNEL) TO REVISE QUALIFICATIONS AND

ELIGIBILITY FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS OR COMMITTEES, ORDINANCE O-08-26.

Background:

This item is brought forward as a result of City Council direction at its February 17, 2026 Council meeting.

Chapter 2.30 and related provisions of the Colton Municipal Code set forth the process and procedures by which the City Council may appoint qualified individuals to serve on the City of Colton’s Planning Commission, Utilities Commission and other City appointive boards, commissions and committees.

Section 2.30.060(B) of the Code provides for a two-year limitation on the eligibility of former elected officials of the City to be eligible for appointment to any board, Commission or Committee. The City Council of the City of Colton finds that certain amendments are necessary and appropriate to adjust the rules for appointive boards, commissions and committees.

The attached ordinance amends Section 2.30.060(B) to revise the two-year limitation to a one- year limitation instead, allowing for the most interested and qualified individuals to serve on the various Boards, Committees and Commissions within the City.

Issues/Analysis:

The attached ordinance makes the following changes to the City’s qualifications and eligibility for appointment to Boards, Commissions or Committees:

“2.30.060 – Qualifications and eligibility for appointment to Board, Commission or Committee.

B. No former elected official of the City is eligible for appointment to any board, Commission or Committee for one year two years following the expiration of the term of his or her elected office.”

Staff requests the City Council to consider the amendments set forth in this Ordinance. If the City Council introduces the Ordinance this evening, it will be brought back to the Council at its April 21, 2026 meeting for adoption. The ordinance would then become effective 30 days later.

Fiscal Impacts:

There is no anticipated financial impact as a result of this action.

Alternatives:

City Council may provide alternative direction to staff, as desired.

Attachments:

1. Ordinance O-08-26

23152.06000\44751758.1
ORDINANCE NO. O-08-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTION 2.30.060 OF CHAPTER 2.30 OF TITLE 2 (ADMINISTRATION AND PERSONNEL) TO REVISE

QUALIFICATIONS AND ELIGIBILITY FOR APPOINTMENT TO CITY

BOARDS, COMMISSIONS OR COMMITTEES
WHEREAS, Colton Municipal Code Title 2 provides for regulation regarding Administration and Personnel matters in the City of Colton (“City”); and WHEREAS, Chapter 2.30 and related provisions of the Colton Municipal Code set forth the process and procedures by which the City Council may appoint qualified individuals to serve on the City of Colton’s Planning Commission, Utilities Commission and other City appointive boards, commissions and committees; and
WHEREAS, Colton Municipal Code Section 2.30.060 (B) provides for a two-year limitation on the eligibility of former elected officials of the City to be eligible for appointment to any board, Commission or Committee; and
WHEREAS, the City Council finds that the amendments contained herein are necessary and appropriate to adjust the rules for appointive boards, commissions and committees to allow for the most interested and qualified individuals to serve on the various boards, Committees and Commissions within the City; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and an incorporated herein by this reference.

SECTION 2. Amendment to Municipal Code. Section 2.30.060 of Chapter 2.30 of Title 2 (Administration and Personnel) of the Colton Municipal Code is hereby amended to read as follows:
“2.30.060 – Qualifications and eligibility for appointment to Board, Commission or Committee.

B. No former elected official of the City is eligible for appointment to any board, Commission or Committee for one year two years following the expiration of the term of his or her elected office.”
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that they would have adopted this ordinance and

23152.06000\44751758.1
each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. Certification/Summary. Following the City Clerk’s certification of this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.

PASSED, APPROVED and ADOPTED this 7th day of April, 2026.

_____________________________
Frank Navarro, Mayor

ATTEST:

___________________________________
Isaac T. Suchil, City Clerk

APPROVED AS TO FORM:

______________________
Carlos Campos, City Attorney
Best Best & Krieger

Item: 1.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 17, 2026, on File in the Office of the City Clerk.

Recommended Action:

Approval of Minutes for the City Council Regular Meeting Held on March 17, 2026.

Background:

BACKGROUND
Minutes for the City Council Regular Meeting Held on March 17, 2026.

Issues/Analysis:

N/A

Fiscal Impacts:

N/A

Alternatives:

N/A

Attachments:

1. Draft Minutes - 03-17-17

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, March 17, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Closed Session meeting was called to order at 5:00 P.M. in the Council Chamber of City Hall, with Mayor Frank J. Navarro presiding.

Roll Call
Council members present were David J. Toro, Kelly J. Chastain, Luis S. Gonzalez, John J.

Echevarria, and Mayor Frank J. Navarro; also present was City Clerk Isaac T. Suchil.

Staff present were City Manager William R. Smith and City Attorney Carlos Campos.

Closed Session
City Attorney Carlos Campos announced the City Council would meet in Closed Session to discuss Items 1 through 3.
1) Conference with Legal Counsel - Potential Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case

2) Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager / Tom Cody, Human Resources Director
Employee Groups: International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division
3) Public Employee Performance Evaluation
Job Title - City Manager
City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session items 1 through 3; direction was given but there was no reportable action.

Open Session
6:00 P.M.

Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 6:00 P.M.

Invocation
Pastor Don Duenez — Echoes of Love
Flag Salute
Veterans of Foreign Wars (VFW) - Bernie Moyeda
Roll Call
Council members present were David J. Toro, Kelly J. Chastain, Luis S. Gonzalez, John J.

Echevarria, and Mayor Frank J. Navarro.

Also present was City Clerk Isaac T. Suchil; City Treasurer Henry M. Razo was absent.

Staff present were City Manager William R. Smith, and City Attorney Carlos Campos. ______________________________________________________________________________________

Ceremonial Matters
Presentations, Awards, Proclamations
• Business Focus - Hit & Go Insurance Services
Councilmember González presented a business focus recognition to Claudia Kircano, George Zermenio, and Sarah Camilla, Co-owners of Hit & Go Insurance Services. • Recognition - Colton Run Club - Inaugural 5K
CM Echevarria recognized the Colton Run Club for their commitment to raising awareness for health.
• Recognition - CHS Basketball - CIF Champions
Mayor Navarro presented a recognition certificate to the Colton High School Varsity Basketball Team.

Mayor and Council Items
Gift Disclosures – None Reported
AB 1234 Oral Reports – None Reported
Appointments
• Appointment - Mayor Pro Tempore
Mayor Frank J. Navarro submitted the name of CM Kelly J. Chastain for appointment to Mayor Pro Tem.

Consensus was reached by the Council members present and there were no objections.

Mayor and Council Discussion Items
Public Hearings
1) ADU Ordinance Update 2025 - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to Amending Title 18, Section 18.48.150 of the City of Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be Statutorily Exempt from CEQA Under Public Resources Code § 21080.17 (FILE INDEX NO. DAP25-0047), Ordinance No. O-07-26.

Staff Person: Heidi Duron

Public Hearing Opened
The Mayor announced the Public Hearing Open.

The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.

Staff Presentation
Heidi Duron, Director of Development Services, presented to Council an overview of the agenda item and requested approval of staff's recommendation.

Public Comment
There were no public comments.

Public Hearing Closed
A motion was made to Close the Public Hearing by CM Gonzalez, with a second by MPT Chastain.

Vote: Unanimous, Motion Passes

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Heidi Duron, Director of Development Services.

Motion/Vote
A motion was made to approve the Item by CM Gonzalez, with a second by MPT Chastain.

Vote: Unanimous, Motion passes

Business Items
1) Contract Award - Step Up - Approve Professional Services Agreement with Step-Up to Provide Permanent Supportive Housing and Wraparound Behavioral Health Services.

Staff Person: Anthony Vega
Staff Presentation
Anthony Vega, Chief of Police, presented to Council an overview of the agenda item and requested approval of staff's recommendation.

Public Comment
The following community members addressed the Council:

There were no public comments

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Anthony Vega, Police Chief; Myrna Lopez, Program Manager for “Step-Up.”

Motion/Vote
A motion was made to approve the item by MPT Chastain, with a second by CM Toro.

Vote: Unanimous, Motion passes
Public Comment
The following community members addressed the Council:
• Pierce, Colton Resident
• Karen Cantreras, Colton Resident
• John Murillo, Colton Resident
Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 10. 1) Minutes - Approval of Minutes for the City Council Regular Meetings Held on February 17, 2026, and March 03, 2026; and the City Council Special Meetings Held on February 19, 2026, and on March 9, 2026; on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 01/22/2026 and totaling $51,296.24; voucher numbers 224474 to 224633 dated 02/12/2026 and totaling $4,328,729.39 and voucher numbers 224634 to 224728 dated 02/19/2025 and totaling $1,206,064.28.

Staff Person: Stacey Dabbs
3) Contract Amendment - Atkinson, Andelson, Loya, Ruud & Romo (AALRR) - Approve Contract Amendment for Personnel Labor & Employment Law Services Contract with Atkinson, Andelson, Loya, Ruud & Romo (AALRR).

Staff Person: Thomas Cody
4) Contract Amendment - First Carbon Solutions - Approve Third Contract Amendment to increase Budget by $27,745 for "Extra Work" pertaining to preparation of Final Environmental Impact Report, Planning Commission Hearing Support, Findings of Fact and Statement of Overriding Considerations.

Staff Person: Heidi Duron

5) Contract Amendment - Mobile Modular Management Corporation - Approve Amendment to the Agreement with Mobile Modular Management Corporation for the Lease of an Office Trailer for the Wastewater Division of the Public Works and Utility Services Department.

Staff Person: Chad Blais
6) Local Hazard Mitigation Plan Update - Approve a Resolution Adopting the 2025 Colton Local Hazard Mitigation Plan Update, Resolution No. R-22-26.

Staff Person: Ray Bruno
7) Measure I Continuance - Approve and Adopt a Resolution Approving Expenditure Plan for the Expenditure of Revenues in San Bernardino County Expected to be Derived from the Proposed Continuation of Measure I, Resolution No. R-25-26.

Staff Person: Chad Blais
8) Purchase - Forklift - Approve the Purchase of One Hyundai 45B-9 Forklift, from Select Equipment for the Wastewater Division of the Public Works and Utility Services Department for an Amount of $86,249.10.

Staff Person: Chad Blais
9) Housing Element Annual Progress Report — Approve and Adopt Resolution R-26-26 Approving the 2025 Housing Element Annual Progress Report for the State Department of Housing and Community Development (HCD), Resolution No. R-26-26.

Staff Person: Heidi Duron
10) Second Reading of Ordinance No. O-06-26 - Approve Second Reading of and Ordinance of the City Council of the City of Colton, California, Amending Portions of Chapter 3.08 Bidding, Contracting, and Purchases of Supplies, Services and Equipment, Ordinance No.

O-06-26.

Staff Person: Stacey Dabbs

Motion/Vote
A motion was made to Approve the Consent Calendar by CM Gonzalez, with a second by CM Echevarria.

Vote: Unanimous, Motion Passed
______________________________________________________________________________

______________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community can be viewed on our City of Colton Website (www.coltonca.gov).

City Manager's Reports
None
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:20 P.M. in memoriam for Colton residents Cecilia Ortiz and Fred Andregg, and Retired Colton Fire Chief David Hall, who faithfully served the city for 32 years; a moment of silence was observed in their honor.

_________________________
Isaac T. Suchil, City Clerk
City of Colton

Item: 2.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve US Bank voucher dated 02/20/2026 and totaling $51,257.22; voucher numbers 224729 to 224804 dated 02/25/2026 and totaling $102,681.54; voucher numbers 224805 to 224921 dated 02/26/2026 and totaling $2,698,369.93; voucher numbers 224922 to 225059 dated 03/09/2026 and totaling $1,464,376.35; replacement checks 225060 & 225061 dated 03/11/2026 and totaling $1,448.64; wires dated 03/12/2026 totaling $4,054,909.52; voucher numbers 225062 to 225152 dated 03/12/2026 and totaling $951,650.87; a payroll disbursement listing dated 01/31/2026 to 02/13/2026 and totaling $1,281,804.19 and payroll disbursement listing dated 02/14/2026 to 02/27/2026 and totaling $1,262,832.33.

Recommended Action:

Approve US Bank voucher dated 02/20/2026 and totaling $51,257.22; voucher numbers 224729 to 224804 dated 02/25/2026 and totaling $102,681.54; voucher numbers 224805 to 224921 dated 02/26/2026 and totaling $2,698,369.93; voucher numbers 224922 to 225059 dated 03/09/2026 and totaling $1,464,376.35; replacement checks 225060 & 225061 dated 03/11/2026 and totaling $1,448.64; wires dated 03/12/2026 totaling $4,054,909.52; voucher numbers 225062 to 225152 dated 03/12/2026 and totaling $951,650.87; a payroll disbursement listing dated 01/31/2026 to 02/13/2026 and totaling $1,281,804.19 and payroll disbursement listing dated 02/14/2026 to 02/27/2026 and totaling $1,262,832.33.

Background:

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

Issues/Analysis:

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers

City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

Item: 3.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Bonds/Deposit Release - DAP-001-778 - Approve Release of Bonds and Cash Monument Security Deposit for DAP-001-778 (Four Business Park Buildings) at 2245 W.

Valley Blvd.

Recommended Action:

Staff recommends that the City Council:

1. Authorize Staff to release Faithful Performance and Payment Bonds as well as the Cash Monument Security Deposit, including any riders, for completed improvements for DAP- 001-778 (Four Business Park Buildings) located at 2245 W. Valley Blvd. with APN:
0254-041-04-0000.

2. Authorize Staff to release Maintenance Bonds one full year after formal City acceptance of public improvements for DAP-001-778 (Four Business Park Buildings) located at 2245 W. Valley Blvd. with APN: 0254-041-04-0000.

Background:

On April 04, 2023, the City of Colton Planning Commission approved DAP-001-778, the development of four business park buildings (under 50,000 square feet each) along with Tentative Parcel Map No. 20726 to subdivide the existing lot into four lots within the Business Park Land Use Designation of the HUB City Center Specific Plan. The original singular lot approximately 9.01 acres in size and identified by APN 0254-041-04 is now subdivided into four (4) lots identified by the San Bernardino County Assessor’s Office as Assessor Parcel Numbers (APNs) APN 0254-041-14, -15, 16, and -17.

Construction of the four (4) business park buildings is now complete, including applicable required public improvements. Final inspection was provided by the Public Works and Utility Inspector.

Issues/Analysis:

Bond submittal as means to guarantee construction of public improvements prior to the start of construction is a standard condition of approval for development projects in accordance with City policies and the Subdivision Map Act. Such public improvements include street, signing and striping, and storm drain improvements. Per City of Colton Municipal Code § 16.56 and Chapter 5 of the Subdivision Map Act (SMA), the developer had the option to submit guarantees via formal Bonds or Cash in-lieu of Bonds. The developer opted to submit Bonds for the required Performance, Payment, and Guarantee and Warranty Security Bonds. Receipts are included as Exhibit B.

Bond amounts are summarized as follows:

Faithful Performance Bond $ 83,176.00
Payment Bond $ 83,176.00
Guarantee and Warranty Security Bond $ 8,318.00
Monument Security $ 10,800.00
Total $ 185,470.00

Government Code Section 66499(b) authorizes the City Council to release bonds if the improvements are completed. The Subdivision Maintenance Bond is required to remain in place for a period of one (1) full year as a warranty for the constructed public improvements. The Faithful Performance Bond and Payment Bonds will be released immediately after City Council approval. The Guarantee and Warranty Security Bond – Cash Deposit (Monument) in the amount of $10,800.00 shall be refunded in full for compliance with the staking of monuments immediately after City Council approval as well.

Fiscal Impacts:

There is no fiscal impacts to the release of the Faithful Performance and Payment Bonds. After Guarantee and Warranty Security Bonds are released, funding for public improvements constructed through this project will be maintained by the General Fund Streets Division maintenance budget.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A - Subdivision Improvement Agreement

2. Exhibit B - Bonds

3. Exhibit C - Monument Security Cash Deposit

Colton Owner LLC
98 SE 7th Street
Suite 620
Miami, FL 33131
Invoice Date: 2/4/2025
Record # Record Type Fee Account Group Fee Description Amount ENG24-0357 OFF SITE CONSTRUCTION 762-2360-000 Monumentation (Staking) Cash Bond $10,800.00 $10,800.00
Invoice Total: $10,800.00
Printed: Tuesday, February 4, 2025 1:16 PM 1 of 1
Please send your payment to this address: City of Colton 650 N La Cadena Dr
Colton, CA 92324
City of Colton
City of Colton
650 N La Cadena Dr
Colton,CA 92324
INVOICE #
I-7229
Date Due: 3/6/2025

DESCRIPTION ACCOUNT QTY PAID
PermitTRAK $10,800.00
ENG24-0357 Address: 2245 W VALLEY BLVD APN: 025404104 $10,800.00 PUBLIC WORKS STREET IMPROVEMENT MONUMENTATION BOND $10,800.00 MONUMENTATION (STAKING) CASH BOND 762-2360-000 0 $10,800.00 TOTAL FEES PAID BY RECEIPT: I7232 $10,800.00
Printed: Tuesday, February 4, 2025 2:52 PM
Date Paid: Tuesday, February 04, 2025
Paid By: Colton Owner LLC
Pay Method: CHECK 1005
1 of 1
Cashier: MP01
Cash Register Receipt
City of Colton
Receipt Number
I7232

Item: 4.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Henry M. Razo, City Treasurer
Item Name: City Treasurer's Report - Receive and file the City Treasurer's Report for November 2024

Recommended Action:

Staff recommends that the City Council take the following action:

Receive and file the City Treasurer's Report for November 2024.

Background:

Issues/Analysis:

Fiscal Impacts:

Alternatives:

Attachments:

1. November 2024 City Treasurer's Report

CITY OF COLTON TREASURER'S REPORT
November 2024
The Treasurer's report does appear to reflect all funds held by the City of Colton. The investments reflected in this report do appear to be in compliance with the City's investment policy adopted in December 2024. The investment portfolio, as well as budgeted income, does appear sufficient to meet pro
jected cash flow requirements for the next six months.

Michael Razo, M.A.

City Treasurer
March 4, 2026

MONTH Yield
November-2023 3.84%
December-2023 3.93%
January-2024 4.01%
February-2024 4.12%
March-2024 4.23%
April-2024 4.27%
May-2024 4.33%
June-2024 4.48%
July-2024 4.52%
August-2024 4.58%
September-2024 4.58%
October-2024 4.52%
November-2024 4.48%

CITY OF COLTON - LAIF

AVERAGE YIELD ON INVESTMENT PORTFOLIO
Calculation of weighted average yield does not include special purpose funds, checking accounts or bond proceeds.

The Treasurer

INVESTMENT ISSUER DATE OF PAR COST FAIR MKT

TYPE MATURITY AMOUNT VALUE
STATE POOL Note 1
LAIF-General, other State Pool-006 Daily 73,812,117 $ 73,812,117 $ 73,812,117 $ LAIF-Pen,OPEB State Pool-183 Daily 29,750,604 29,750,604 29,750,604 LAIF-UL,DS,I State Pool-183 Daily 8,391,968 8,391,968 8,391,968 TOTAL 111,954,688 $ 111,954,688 $ 111,954,688 $ CITIZENS TRUST Note 2
General Money Market Daily 11,295,364 $ 11,295,364 $ 11,295,364 $ General FHLB 1/21-1/25 1,000,000 999,100 994,370 General FM 1/21-1/25 1,000,000 1,000,000 994,850 General FHLB 2/21-2/25 1,000,000 1,000,000 991,010 General FM 4/22-4/25 1,100,000 1,100,000 1,094,192 General FHLB 12/23-12/26 4,000,000 4,000,000 3,994,480 General FHLB 12/23-12/27 4,000,000 4,000,000 5,998,920 General FHLB 1/24-1/27 6,000,000 6,000,000 3,999,000 General FM 2/24-2/28 5,000,000 5,000,000 4,997,400 General FHLB 4/24-4/28 5,300,000 5,300,000 4,939,850 General FHLB 4/24-10/28 5,000,000 4,990,750 5,315,741 General FHLB 9/24-3/28 5,000,000 5,000,000 4,944,450 General FHLB 9/24-6/28 5,000,000 5,000,000 4,933,000 General FHLB 9/24-9/28 5,000,000 5,000,000 5,011,350 TOTAL 59,695,364 $ 59,685,214 $ 59,503,977 $ GENERAL TOTAL 171,650,053$ 171,639,903 171,458,666 STATE POOL Note 3
LAIF-Electric Reserve State Pool-183 Daily 35,551,028$ 35,551,028 $ 35,551,028 $ TOTAL INVESTMENTS BY TREASURER 207,201,081 $ 207,190,931 $ 207,009,694 $

NON INVESTMENT ACCOUNTS
Bank of America General acct Daily 10,767,927 $ 10,767,927 $ 10,767,927 $
Bank of America Payroll acct Daily 389,970 389,970 389,970 Bank of America WorkersComp-T claims Daily 153,191 153,191 153,191 Finance Hermosa Trust Daily 342,661 342,661 342,661 TOTAL 11,653,749 $ 11,653,749 $ 11,653,749 $ PETTY CASH FUNDS 5,000 5,000 5,000 TOTAL NON INVESTMENT ACCOUNTS 11,658,749 $ 11,658,749 $ 11,658,749 $ City of Colton Treasurer's Report
November 2024

Investments under Bond Indentures

INVESTMENT ISSUER DATE OF PAR COST FAIR MKT

TYPE MATURITY AMOUNT VALUE
US BANK**
2017 W-Water Fund-P Fidelity Govt Daily 3,412,948 $ 3,412,948 $ 3,412,948 $ 2017 Water Bonds-P 1st American MM Daily 3,659,498 3,659,498 3,659,498 2017 Water Bonds-R Assured Grn Daily 1,129,119 1,129,119 1,129,119 2017 Water Bonds-B 1st American MM Daily 212,440 212,440 212,440 2012 Electric Bonds-PP Blackrock Prov. Daily 1,819,845 1,819,845 1,819,845 2012 Electric Bonds-R Blackrock Prov. Daily 2,792,583 2,792,583 2,792,583 2007A Bonds-PP Blackrock Prov. Daily 228,024 228,024 228,024 2007ABonds-R Ambac Sur Daily 1,106,241 1,106,241 1,106,241 TOTAL 14,360,697$ 14,360,697 $ 14,360,697 $ ** accounts aquired from Union Bank effective 8-1-2021
Investments under Bond Indentures

INVESTMENT ISSUER DATE OF PAR COST FAIR MKT

TYPE MATURITY AMOUNT VALUE

US BANK
PFB 2007-R 1st American TOF Daily 2,412,884 $ 2,412,884 $ 2,412,884 $ PFB 2007-R 1st American TOF Daily 3,311 3,311 3,311 PFA 2007 Ser B-R 1st American TOF Daily 932,773 932,773 932,773 PFA 2007 Ser B-rev 1st American TOF Daily 344 344 344 PFA2007 Ser B-I 1st American TOF Daily 244 244 244 PFA2007 SerB-P 1st American TOF Daily 1,361 1,361 1,361 TARB 2015 Bam insur Daily 1,485,982 1,485,982 1,485,982 TARB 2015 1st American TOF Daily 1,512 1,512 1,512 TOTAL 4,838,410$ 4,838,410 $ 4,838,410 $ TOTAL HELD BY TRUSTEES 19,199,107 $ 19,199,107 $ 19,199,107 $ TOTAL CITY CASH AND INVESTMENTS 238,048,787 $

104.9
133.0
171.5
90 100
110
120
130
140
150
160
170
180
2022 2023 2024
November Comparison of Available Pooled Cash (mil)

0 20
40 60
80 100
120
140
160
180
200
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
City of Colton Pooled Cash (mil)
2022
2023
2024

0 10
20 30
40 50
60 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
City of Colton LAIF Electric Cash (mil)
2022
2023
2024

Cash Investments Fund Total
100 GENERAL FUND 40,966,144.38 - 40,966,144.38 150 TREASURERS ACCOUNT GROUP (206,541,347.58) 207,190,930.77 649,583.19 206 COMMUNITY CHILD CARE 1,222,871.09 - 1,222,871.09 210 SPECIAL GAS TAX 466,179.65 466,179.65
211 LIBRARY GRANT FUND (20,801.50) - (20,801.50) 212 STATE TRAFFIC RELIEF FUND (SB-1) 2,358,635.00 - 2,358,635.00 214 POLLUTION REDUCTION FUND 773,074.61 - 773,074.61 215 COMMUNITY DEV ACT FUND (33,217.57) - (33,217.57) 217 DRUG/GANG INTERVENTION 15,918.25 - 15,918.25 218 MEASURE I FUND 4,600,616.49 - 4,600,616.49 219 LOCAL FISCAL RECOVERY FUND 6,929,177.38 - 6,929,177.38 220 ViTep 378,620.70 - 378,620.70 225 MISC GRANTS 1,083,220.21 - 1,083,220.21 240 HOST CITY FEES - CIP 1,643,682.86 - 1,643,682.86 248 PARK DEVELOPMENT FUND 4,576,976.74 - 4,576,976.74 249 TRAFFIC IMPACT FUND 11,266,570.06 - 11,266,570.06 250 NEW FACILITIES DEVELOPMENT FEE 616,869.91 - 616,869.91 251 CIVIC CENTER DEVELOPMENT FEE 155,439.48 - 155,439.48 252 FIRE FACILITY DEVELOPMENT FEE 379,475.03 - 379,475.03 253 POLICE FACILITY DEVELOPMENT FEE 490,857.38 - 490,857.38 261 ASSET FORFEITURE 485,278.90 - 485,278.90 350 PFA Debt Fund 176,647.05 934,721.65 1,111,368.70 358 PENSION OBLIGATION DEBT SERVICE (1,155,031.13) 2,416,194.19 1,261,163.06 364 WATER IMPRVMNT DIST A 23,564.93 - 23,564.93 450 Capital Improvement Projects 10,845,823.19 - 10,845,823.19 451 Colton Crossing Fund 813,567.26 - 813,567.26 520 ELECTRIC UTILITY 62,906,336.50 4,840,452.44 67,746,788.94 521 WATER UTILITY 26,035,789.29 3,871,948.28 29,907,737.57 522 WASTEWATER UTILITY 9,577,409.57 3,412,974.37 12,990,383.94 523 SOLID WASTE 200,507.01 - 200,507.01 526 PUBLIC BENEFIT FUND 2,646,047.13 - 2,646,047.13 560 CEMETARY ENDOWMENT CARE 1,136,468.28 342,660.60 1,479,128.88 605 Facility & Equipment Maintenance Fund 1,630,258.16 - 1,630,258.16 606 INFORMATION SERVICES FUND 1,422,065.75 - 1,422,065.75 607 INSURANCE FUND 12,844,293.09 655,889.95 13,500,183.04 608 AUTOMOTIVE SHOP 3,082,453.98 - 3,082,453.98 701 LLMD #2 64,505.90 - 64,505.90 702 LLMD #1 62,873.81 - 62,873.81 705 CFD 2021-1 Safety 7,745.97 - 7,745.97 706 CFD 2021-2 Maintenance Services 1,483.39 - 1,483.39 722 STORM WATER 424,753.00 - 424,753.00 762 TRUST AND AGENCY 2,099,869.71 39,279.00 2,139,148.71 763 PD Cash Evidence Deposit 293,156.27 - 293,156.27 850 Redevelopment Obligation Retirement Fund 623,794.97 - 623,794.97 851 Successor Agency Administration 68,226.53 - 68,226.53 890 Successor Agcy-RDA - LONG TERM DEBT GRP (71,201.41) 1,511.99 (69,689.42) 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 949,102.77 - 949,102.77 Grand Total: 8,524,752.44 223,706,563.24 232,231,315.68 Reconciling Items:

Deposit intransit (61,672.00) (61,672.00)
Accounts Payable Outstanding checks and wires 1,416,974.15 1,416,974.15 Payroll Account Outstanding checks 132,743.32 132,743.32 Worker's Compensation outstanding checks and adjusments-net (502,698.95) (502,698.95) Electric 2007 Series A Bonds-Reserve not reflected in Fund ledger 1,106,241.15 1,106,241.15 Water Cash with fiscal agent (10.28) (10.28) 2017 Water Revenue Bond-Reserve not reflected in Fund ledger 1,129,118.76 1,129,118.76 2000 Wastewater Bond (26.18) (26.18)
2015-Tax Allocation Refunding Bond-Reserve not reflected in Fund ledger 1,485,981.60 1,485,981.60 Petty cash not reflected in this report 5,000.00 5,000.00 Asset Seizure Fund under litigation 39,279.00 (39,279.00) - Credit card timing difference 437,425.87 437,425.87 Kiosk payments timing difference (13,139.15) (13,139.15) Paymentus timing difference (10,418.04) (10,418.04) NSF checks timing difference (50,453.82) (50,453.82) November bank reconciling items 742,405.17 742,405.17 Rounding difference 0.06 (0.34) (0.28) Total per Treasurer's Report 11,157,897.00 226,890,890.00 238,048,787.00 Cash and Investments Report
City of Colton
Through November 2024

Fund Total
100 GENERAL FUND 40,966,144.38
150 TREASURERS ACCOUNT GROUP 649,583.19
206 COMMUNITY CHILD CARE 1,222,871.09
210 SPECIAL GAS TAX 466,179.65
211 LIBRARY GRANT FUND (20,801.50)
212 STATE TRAFFIC RELIEF FUND (SB-1) 2,358,635.00
214 POLLUTION REDUCTION FUND 773,074.61
215 COMMUNITY DEV ACT FUND (33,217.57)
217 DRUG/GANG INTERVENTION 15,918.25
218 MEASURE I FUND 4,600,616.49
219 LOCAL FISCAL RECOVERY FUND 6,929,177.38
220 ViTep 378,620.70
225 MISC GRANTS 1,083,220.21
240 HOST CITY FEES - CIP 1,643,682.86
248 PARK DEVELOPMENT FUND 4,576,976.74
249 TRAFFIC IMPACT FUND 11,266,570.06
250 NEW FACILITIES DEVELOPMENT FEE 616,869.91
251 CIVIC CENTER DEVELOPMENT FEE 155,439.48
252 FIRE FACILITY DEVELOPMENT FEE 379,475.03
253 POLICE FACILITY DEVELOPMENT FEE 490,857.38
261 ASSET FORFEITURE 485,278.90
350 PFA Debt Fund 1,111,368.70
358 PENSION OBLIGATION DEBT SERVICE 1,261,163.06
364 WATER IMPRVMNT DIST A 23,564.93
450 Capital Improvement Projects 10,845,823.19
451 Colton Crossing Fund 813,567.26
520 ELECTRIC UTILITY 67,746,788.94
Restricted 30,854,228.25
Operating Reserves 26,892,560.69
Rate Stabilization 10,000,000.00
521 WATER UTILITY 29,907,737.57
522 WASTEWATER UTILITY 12,990,383.94
523 SOLID WASTE 200,507.01
526 PUBLIC BENEFIT FUND 2,646,047.13
560 CEMETARY ENDOWMENT CARE 1,479,128.88
605 Facility & Equipment Maintenance Fund 1,630,258.16
606 INFORMATION SERVICES FUND 1,422,065.75
607 INSURANCE FUND 13,500,183.04
608 AUTOMOTIVE SHOP 3,082,453.98
701 LLMD #2 64,505.90
702 LLMD #1 62,873.81
705 CFD 2021-1 Safety 7,745.97
706 CFD 2021-2 Maintenance Services 1,483.39
722 STORM WATER 424,753.00
762 TRUST AND AGENCY 2,139,148.71
763 PD Cash Evidence Deposit 293,156.27
850 Redevelopment Obligation Retirement Fund 623,794.97 851 Successor Agency Administration 68,226.53
890 Successor Agcy-RDA - LONG TERM DEBT GRP (69,689.42) 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 949,102.77
Grand Total: 232,231,315.68
Reconciling Items: - Summary
Deposit intransit (61,672.00)
Accounts Payable Outstanding checks and wires 1,416,974.15 Payroll Account Outstanding checks 132,743.32
Worker's Compensation Outstanding checks and adjusments-net (502,698.95) Electric 2007 Series A Bonds - Reserve 1,106,241.15
Water Cash with fiscal agent (10.28)
2017 Water Revenue Bond - Reserve 1,129,118.76
2000 Wastewater Bond (26.18)
2015-Tax Allocation Refunding Bond 1,485,981.60
Petty cash not reflected in this report 5,000.00
November reconciling items including rounding of ($.28) 1,105,819.75 Total per Treasurer's Report 238,048,787.00
Cash and Investments Report
City of Colton
Through November 2024

Item: 5.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Amendment - Elite Maintenance and Tree Service - Approve an Amendment to the Maintenance Service Agreement with Elite Maintenance and Tree Service (EMTS) to Include Landscape Maintenance Services for City-Owned Property Located at 1461 E. Cooley Drive.

Recommended Action:

1. Approve an amendment to the existing Maintenance Service Agreement with Elite Maintenance and Tree Service (EMTS) to include landscape maintenance services for the City- owned property located at 1461 E. Cooley Dr., Colton, at a cost not to exceed $33,120.00 annually.

2. Authorize the City Manager to execute the amendment to the agreement and approve any administrative documents necessary to implement the additional services.

Background:

On February 4, 2025, the City Council approved a Maintenance Service Agreement with Elite Maintenance and Tree Service (EMTS) to provide landscape maintenance services for the City’s water and wastewater facilities. The agreement provides routine landscaping services to ensure City facilities remain safe, accessible, and professionally maintained.

Since the approval of the agreement, the City has acquired property located at 1461 E. Cooley Dr. This property requires ongoing landscape maintenance to maintain the site in a safe and presentable condition while preventing overgrowth, debris accumulation, and irrigation issues.

Issues/Analysis:

The existing agreement with EMTS provides routine landscape maintenance services across several City-operated water and wastewater facilities, including the Corporate Yard. Due to EMTS already providing these services for the City and their familiarity with City facility requirements, staff requested a proposal from EMTS to add the newly acquired property to the existing scope of services.

EMTS submitted a proposal dated February 13, 2026, to provide monthly landscape maintenance services at 1461 E. Cooley Dr. for $2,760 per month. The scope of services includes general landscape maintenance, irrigation checks, litter removal, weed control, trimming of trees under 15 feet, and general site upkeep.

Amending the current agreement to include this additional location will allow the City to maintain consistency in landscape maintenance services while ensuring the property remains well maintained and compliant with City standards.

Fiscal Impacts:

Sufficient funds are available within the adopted Electric Department FY 2025/26 budget in the Professional Services account, Account No. 520-8000-8001-2350-0923-000, to cover the first- year cost of $8,280 (thru June 30, 2026). Beginning in FY 2026/27 and continuing each year thereafter for the duration of the contract, the annual cost will be $33,120 and will be incorporated into future budget requests.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. EMTS Proposal

Item: 6.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Contract Award - ARMC Law Enforcement - Adopt a Resolution Approving a Contract with the County of San Bernardino for Law Enforcement Services at Arrowhead Regional Medical Center (ARMC) for a 5-Year Period, April 1, 2026 through March 31, 2031, Resolution No. R-29-26.

Recommended Action:

It is recommended Council approve:

1. An agreement between the City of Colton Police Department and San Bernardino County to provide on-site law enforcement services at the Arrowhead Regional Medical Center (ARMC) for a five-year term, April 1, 2026, through March 31, 2031, and;

2. Authorize the City Manager to sign all contract documents and any necessary amendments and;

3. Approve and adopt Resolution No. R-29-26.

Background:

San Bernardino County issued a Request for Proposal (RFP) seeking qualified vendors to provide on-site law enforcement services at Arrowhead Regional Medical Center (ARMC). The Colton Police Department submitted a proposal in response to the RFP outlining the Department’s ability to provide continuous law enforcement services and support to the medical center. Following review of the proposals, the County determined that the City of Colton Police Department was the most qualified provider to deliver these services.

On March 11, 2026, the San Bernardino County Board of Supervisors approved the agreement authorizing the County to enter into a contract with the City of Colton Police Department to provide these services.

The proposed agreement formalizes the City of Colton Police Department’s role in providing these services.

Issues/Analysis:

Under the terms of the agreement, the Colton Police Department will provide 24 hours per day, seven days per week law enforcement coverage for the ARMC campus.

Services provided under the agreement will include, but are not limited to:

• Routine patrols of the ARMC campus, including the Emergency Department, medical office buildings, and surrounding parking areas
• Response to emergencies and calls for service
• Detection and investigation of criminal activity
• Traffic enforcement and collision investigations on campus • Coordination and liaison with other law enforcement agencies • Assistance with the transport of violent behavioral health patients and arrestees • Collaboration with ARMC staff to maintain safety and order throughout the facility.

The agreement also requires the assignment of a marked patrol vehicle dedicated to ARMC to support patrol operations and prisoner transports, as well as to provide a visible law enforcement presence on campus.

Operational oversight will be provided by an on-duty Watch Commander/Police Sergeant, and one Police Sergeant will be designated as the primary liaison between the Police Department and ARMC administration to coordinate program activities and address operational issues.

In addition, the Colton Police Department may provide training and consultation to ARMC staff on topics such as situational awareness, defensive tactics, de-escalation, and active shooter response when requested.

Fiscal Impacts:

The agreement is as follows and to be paid by the County with costs not to exceed $4,479,817.00 over 5 years, April 1, 2026, through March 31, 2031.

Funding for the salaries and benefits portion of the agreement is included in the FY 2025-26 budget in the General Fund Police Patrol Salaries and Benefits expenditure grouping 100-6070- 6072.

Approval of Resolution R-29-26 will:

1. Amend the FY 2025-26 budget to increase revenues in General Fund Account #100-5786- 000 in the amount of $75,000 to account for the additional funds from the County of San Bernardino to purchase a marked patrol vehicle.

2. Amend the FY 2025-26 Budget to appropriate $75,000 to General Fund Police Administration Automobile Capital Outlay Account #100-6070-6071-4910-0000-000 for the purchase of one marked police patrol vehicle and related equipment, including installation.

All future years' budget requests will include the annual associated revenue amounts to account for the contract terms.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Resolution R-29-26 ARMC Resolution

2. 26-146 Contract (3.10.24) City of Colton PD

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RESOLUTION NO. R-29-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FY2025-26 BUDGET TO INCREASE REVENUES
AND APPROPRIATE $75,000 IN THE GENERAL FUND POLICE

DEPARTMENT AUTOMOBILE CAPITAL OUTLAY ACCOUNT FOR

THE PURCHASE OF A MARKED PATROL VEHICLE IN

ACCORDANCE WITH THE TERMS OF THE LAW ENFORCEMENT

SERVICES AGREEMENT WITH ARROWHEAD REGIONAL

MEDICAL CENTER

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 April 1, 2026, The City of Colton will enter into a Professional Services Agreement with the County of San Bernardino for law enforcement services at Arrowhead Regional Medical Center; and

WHEREAS, per The Professional Services Agreement, the County of San Bernardino agreed to purchase a marked police patrol vehicle for the assigned officer(s) to Arrowhead Regional Medical Center; and

WHEREAS, the County of San Bernardino agreed to provide the funds during the current fiscal year, FY2025-26, for the agreed vehicle purchase; and

NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:

Section 1. Increase revenues by $75,000 in Revenue Account #100-5786-000 for the total contract amount for FY2025-26 to include a marked police patrol vehicle. /

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Section 2. Appropriate $75,000 to General Fund Police Administration Automobile Capital Outlay Account #100-6070-6071-4910-0000-000 for the purchase of one marked police patrol vehicle and related equipment, including installation.

PASSED, APPROVED AND ADOPTED this 7th day of April, 2026.

Frank J. Navarro, Mayor
ATTEST:

_______________________
Isaac T. Suchil, City Clerk

Item: 7.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Calpromax Engineering, Inc. - Adopt Resolution Approving Award of Construction Contract to Calpromax Engineering, Inc. for the Highway Safety Improvement Program (HSIP) Project – HSIPSL-5065(033) in the Amount of $182,500, Resolution No. R-30-26.

Recommended Action:

1. Reject bids received on February 24, 2025 for the Highway Safety Improvement Program (HSIP) Project – HSIPSL-5065(033); and

2. Authorize the award of a construction contract for the Highway Safety Improvement Program (HSIP) Project – HSIPSL-5065(033) to Calpromax Engineering, Inc. as the Lowest Responsive and responsible bidder in the amount of $182,500; and authorize City Manager to execute the contract agreement; and

3. Approve Resolution R-30-26 amending the Fiscal Year 2025/2026 Capital Improvement Program budget for the Project.

Background:

On March 9, 2023, the City received approval from Caltrans allocating State funding in the amount of $183,060 for the HSIP Cycle 11 – Crosswalk Improvement Project. The purpose of the HSIP program is to achieve a significant reduction in traffic accidents, fatalities and serious injuries on all public roads, including local streets and roads on tribal land. The grant requires 10% local match cost in the amount of $20,340. The total project cost is $203,400. The project will install push button activated solar Rectangular Rapid Flashing Beacon (RRFB) on four (4) existing crosswalks. The scope of work also includes installation of traffic signs, and thermoplastic striping and legends. These crosswalks are identified for RRFB installation in Colton’s Local Road Safety Plan (LRSP) adopted by the City Council on April 4, 2023. The location of the crosswalks are listed below and shown on the attached plan::

1. Along Valley Blvd at intersection of 4th Street

2. Along Valley Blvd at intersection of Pennsylvania Ave.

3. Along Rancho Ave. at intersection of B Street.

4. Along La Cadena Dr. at intersection of Fogg Street

Issues/Analysis:

In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was sent for publication on January 1, 2025, and January 10, 2025. The bid opening took place on February 24, 2025 at 3:00 P.M. in the City Hall Conference Room. The only bid received is listed below:

1. Servitek Electric, Inc. $ 233,486.00

Since only one bid was received, Caltrans notified City staff that Public Interest Findings (PIF) is necessary for the approval of authorization to proceed with the award of contract. PIF is necessary to justify deviation from competitive standard procurement process for federal aid- project. It is used to demonstrate that a situation is unique and that allowing an exemption from existing policies is in the public’s best interest. The PIF document includes cost analysis, engineering analysis and a description of the reason for the finding, and it needs concurrence from Caltrans. Since PIF is a lengthy process, Caltrans staff advised the City to reject the bid and rebid the project. In addition, the lone bid received is 43% above the Engineer’s Estimate of $162,500.

In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids for the rebid of the project was sent for publication on September 26, 2025, and October 3, 2025. The bid opening took place on October 13, 2025, 3:00 P.M. The bids received are as follows:

1. Calpromax Engineering, Inc $182,500

2. DBX, Inc. $200,751

3. TSR Construction non-responsive

Staff have evaluated and reviewed each submitted bid. TSR Construction was deemed non- responsive due to RRFB equipment they specified that does not meet the project specifications.

Per contract document/instruction to bidders, the City may reject any bid as non-responsive which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. Staff recommend awarding construction contract (see attached) to Calpromax Engineering, Inc as the lowest responsive and responsible bidder in the amount of $182,500, 12% higher than project engineer’s estimate of $162,500.

Fiscal Impacts:

On February 23, 2026, the City received approval from Caltrans (see attached dated February 23, 2026) for the additional funding for HSIP Cycle 11 – Crosswalk Improvement Project. Upon approval of Resolution R-30-26, revenues in account number 225-5886-002 and appropriations are proposed to increase by $26,078 and the table below shows the total funding for the project.

Account No. Current
Balance
Resolution
No. R-30-26
Total
Funding
Calpromax
Contract

225-2463-6150-3890-0000-000 $149,461.50 $26,078 $175,539.50 $164,250 249-2463-6150-3890-0000-000 $ 16,606.84 $ 2,898 $ 19,504.84 $ 18,250 Total $28,976 $195,044.34 $182,500

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. HSIP Cycle 11- Pedestrian Crosswalk Improvement Plan

2. Calpromax Contract

3. Caltrans Approval for Additional Funding

4. Resolution Amending Budget FY25_26

1 CITY OF COLTON

CONSTRUCTION CONTRACT

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CROSSWALK
IMPROVEMENT PROJECT - HSIPSL-5065(033)

1. PARTIES AND DATE.

This Contract is made and entered into this 8th day of April 2026 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324, County of San Bernardino, State of California (“City”) and Calpromax Engineering, Inc, a corporation with its principal place of business at 710 Van Buren St., Suite G, Placentia, CA 92870 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract.

Contractor represents that it is duly licensed and experienced in providing installation of Rapid Rectangular Flashing Beacon (RRFB), traffic signs, ADA ramps and striping related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City.

The following license classifications are required for this Project: Class “A” and Class “C-10”

2.3 Project. City desires to engage Contractor to render such services for the Highway Safety Improvement Program (HSIP) Crosswalk Improvement Project - HSIPSL-5065(033) (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, insurance documents and other certifications as required by the Contract..

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9

2 • Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.

Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work.

Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
(B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of

3 Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 90 Working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum One Thousand Dollars ($1000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally

4 recognized as being employed by professionals in the same discipline in the State of California.

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred Eighty-Two Thousand Five Hundred Dollars and No Cent ($182,500.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.

However, no progress payments will be made for Work not completed in accordance with this Contract.

5 Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code.

Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

6 3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified

7 payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. 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. 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 is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. Without in any way diminishing Contractor's sole responsibility for

8 obtaining coverage under, and complying with, the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

3.9.1.3 Other Water Quality Rules, Regulations, and Policies. Contractor shall comply with the lawful requirements of the Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board, and the City, as well as any other applicable municipality, drainage district, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations of this Section 3.9.1.5, including the Permit or any of the laws, rules, regulations and policies provided for herein.. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

9 3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 Air Quality.

3.9.8.1 Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to,

10 emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.9.8.2 Contractor shall comply, and ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).

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

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

11 3.11.2 The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies:

3.11.2.1 Prerequisites. If any dispute shall arise between the City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to these procedures.

3.11.2.2 Claim Submittal. For purposes of this section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.11.2.3 Supporting Documentation: The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
(3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format

3.11.2.4 City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. (1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a

12 claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.2.5 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
(2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a

13 single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.2.8 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.11.2.9 City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements

14 of this section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees, and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

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

15 of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or ongoing and completed operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the

16 benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.14.3.1.

3.14.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.14.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.14.3.2. 3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000, per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and

17 shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.14.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.14.10 Subcontractors. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Contract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

3.15 Bond Requirements.

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

18 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 Contract 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 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 Contract as Exhibit “D” and incorporated herein by reference, 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

19 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 Act 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 Director of Public Works and Utilities, or his or her 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 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 offset 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 the 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.

20 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.

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:

Calpromax Engineering, Inc.
780 S. Van Buren St., Suite G
Placentia, CA 92870
Attn: Nizar Kabbany, President
CITY:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais, Director of Public Works and Utility Services 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.

21 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.

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 provisions 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]

22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND CALPROMAX ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 8th day of April 2026.

CITY OF COLTON CALPROMAX ENGINEERING, INC.

A CORPORATION

By: ____________________________ By: _________________________ William R. Smith Nizar Kabbany
City Manager President

Attest:

____ By: _________________________
Isaac T. Suchil
City Clerk

___995933 – A, B____________________
Contractor’s License Number/Classification

____1000028249____________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

23 EXHIBIT “A”

SERVICES / SCHEDULE

24 EXHIBIT “B”
PLANS

25 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 and Payment 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 and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

LABOR CODE CERTIFICATION
26 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.

Calpromax Engineering, Inc.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

CONTRACTOR REGISTRATION CERTIFICATION
27 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 or _____ 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.”

PERFORMANCE BOND
28 EXHIBIT “F”

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 Highway Safety Improvement Program (HSIP) Crosswalk Improvement Project - HSIPSL-5065(033) (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 in 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 which 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 faithfully 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,

PERFORMANCE BOND
29 or shall promptly, at the City’s option:
(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 previously 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

PERFORMANCE BOND
30 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)

PERFORMANCE BOND
31 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
￿ Individual

DESCRIPTION OF ATTACHED DOCUMENT
￿ 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

PAYMENT BOND
32 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: Highway Safety Improvement Program (HSIP) Crosswalk Improvement Project - HSIPSL-5065(033)(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 truly 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

PAYMENT BOND
33 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

PAYMENT BOND
34 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)

PAYMENT BOND
35 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
￿ Individual

DESCRIPTION OF ATTACHED DOCUMENT
￿ 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
EXHIBIT “G”

PAYMENT BOND
36 FEDERAL REQUIREMENTS

NONE

37

STATE OF CALIFORNIA- CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
February 23, 2026
Mr. Victor Ortiz
City Engineer
City of Colton
160 S 1 0th Street
Colton, CA 92324-2823
Dear Mr. Ortiz:

GAVIN NEWSOM, Governor
File : 08-SBD-0-COL
HSIPSL-5065(033)
Intersection of La Cadena Dr./
Fogg St., Valley Blvd./ 4th St.,
Valley Blvd./ Pennsylvania Ave.,
and Rancho Ave./ B St
Your letter dated January 05, 2026 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: Intersection of La Cadena Dr./ Fogg St., Valley Blvd./ 4th St., Valley Blvd./ Pennsylvania Ave., and Rancho Ave./ B St). The State hereby makes the allocation in the amount of $26,078.00 of State funds for Construction phase of this project effective February 23, 2026. You may now proceed with the Construction phase of the project. Any work for the Construction phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.

Program Phase Request Date Request Amount Allocation
HSIPS Construction 01/05/2026 $26,078.00 02/23/2026
All projects require a Master Agreement and Program Supplement Agreement to be in place prior to the payment of project invoices. If one has not already been executed, this office will soon send you a Program Supplement Agreement and Master Agreement for execution. Please do not submit invoices for this project until the agreements are fully executed by both you and the State.

Invoices are to be submitted at a minimum of every six (6) months in order to remain active.

If you have any questions, please contact your District Local Assistance Engineer.

Sincerely,

MISTY BRADSHA
W, Acting Chief
Office of Project Implementation - South
Division of Local Assistance
c: DLA AE Project Files
(08) DLAE - Alberto Vergel De Dias
Local Program Accounting
HQ HSIP Manager - Richard Ke
FOR

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RESOLUTION NO. R-30-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2025/2026 CAPITAL IMPROVEMENT
BUDGET.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City intends to improve existing crosswalk at the intersections of Valley Blvd./4th St., Valley Blvd./Pennsylvania Ave., Rancho Ave./B St. and La Cadena /Fogg St.; and

WHEREAS, the City of Colton received additional Highway Safety Improvement Program (HSIP) funding through Caltrans in the amount of $26,078 for HSIP Cycle 11 funded – Crosswalk Improvement Project - HSIPSL-5065(033); and

WHEREAS, HSIP grant requires 10% local match in the amount of $2,898 to be funded through Traffic Impact fund; and

WHEREAS, a budget appropriation not listed in the Fiscal Year 2025/2026 budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:

• Increase revenues by $26,078 in account number 225-5886-002;

• Appropriate $26,078 in account number 225-2463-6150-3890-0000-000 for HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033);

• Appropriate $2,898 from reserve balance in Traffic Impact Fund to account number 249- 2463-6150-3890-0000-000 for the preparation of HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033).

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF APRIL 2026.

________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Isaac T. Suchil
City Clerk

Item: 8.

Staff Report

Meeting Date: April 7, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Award - CASC Engineering & Consulting - Approve First Contract Amendment with CASC Engineering & Consulting for an additional $74,400 and extend six months to September 30, 2026 to continue Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).

Recommended Action:

Staff recommends that the City Council take the following action:

Approve First Contract Amendment with CASC Engineering & Consulting for an additional $74,400 and extend six months to September 30, 2026 to continue Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).

Background:

On May 20, 2025, City Council approved, and adopted Resolution No. R-29-25, environmental consultants pre-qualified to provide CEQA and NEPA services to the City for a 3-year term. The approval included 22 firms that were deemed qualified under the City's rating criteria. In addition to the provision of environmental services, many of the firms also include contract staff for a variety of development-related services. In addition, the FY25/26 Budget was adopted at the same meeting, which includes a goal to streamline the development process to attract and incentivize business.

Issues/Analysis:

Development Services has identified numerous ways to streamline the development process, including but not limited to: updating permitting processes, enhancing interdepartmental coordination, managing permit system data, documenting standard operating procedures, and supporting performance measurement initiatives. While the Planning and Building Divisions are currently fully staffed, the current workload does not afford staff the time needed to take on these initiatives. In addition, the initiatives are Department and Citywide, necessitating specific experience in process improvement efforts. The Department reached out to CASC Engineering

& Consulting for a quote based on their proposal submitted in response to the RFP issued for the pre-qualified Consultants discussed in
the background. CASC submitted a quote for six months, in the amount of $74,400, to provide the following services:
• Process Improvement & Streamlining: Leveraging proven methods to identify bottlenecks and implement solutions that enhance permitting efficiency and interdepartmental collaboration.
• Permit System Management & Analytics: Offering practical experience with permit tracking systems, including data management, troubleshooting, and reporting to support informed decision-making.
• Performance Measures & SOP Development: Establishing clear performance metrics and drafting comprehensive procedures to promote consistency, accountability, and transparency.
• Website & Public Information Support: Ensuring public-facing information is accurate, accessible, and responsive to community needs.

Per Municipal Code Section 3.08.140(E), Development Services used the exception to the competitive bidding process for non-public projects. The purpose of the bidding has otherwise been accomplished through the previous RFP, and it is in the best interest of the City and its administrative process to dispense with public bidding.

On September 16, 2025, City Council approved an initial six-month contract with CASC for the above-described services. This effort has been very successful, and significant progress has been made on implementing process improvements and documenting Standard Operating Procedures.

The contract extension will allow for continuous progress on existing efforts, and provide additional time to accomplish additional tasks.

Fiscal Impacts:

Sufficient appropriations are available in the adopted FY 25-26 budget in General Fund Planning Professional Services account number 100-6300-6301-2350-0000-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Attachment 1 PSA_CASC_April 2026

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement (PSA) is made and entered into this 7th day of September, 2026, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and CASC Engineering and Consulting, Inc., an environmental services firm, with its principal place of business at 1470 E. Cooley Drive, Colton, CA 92324 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing contract planning and analyst services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Agreement.

City and Consultant entered into that certain Professional Services Agreement dated September 16, 2025 (“Agreement”), whereby Consultant agreed to render such professional consulting services experienced analytical and planning support to assist City staff with improving permitting processes, enhancing interdepartmental coordination, managing permit system data, and supporting performance measurement initiatives ("Project") as set forth in this Agreement.

2.3 Amendment.

City and Consultant desire to amend the Agreement for the first time to extend the term of the Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from April 1, 2026 to September