b. A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
c. The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to Pub. Res. Code § 43309. (Pub. Res. Code § 40200).
Transformation means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. Transformation does not include composting. (Pub. Res. Code § 40201).
Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Sec. 24-2 Declaration of policy.
(a) The intent and purpose, of this chapter is to comply with state law on solid waste management, including management of organic wastes and recyclable materials, as it is found in Pub. Res. Code § 40000 et seq., as amended from time to time. (b) State law requires that local agencies such as the city control and reduce their waste streams. This reduction requires a change in the solid waste collection practices within the city to include organic waste management and recyclables.
Because of these requirements, the city must establish and maintain collection of solid waste, including organic waste and recyclable materials. (c) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
(d) The accumulation, collection, removal, disposal, composting, and recycling of solid waste must be controlled by the city for the protection of the public health, safety and welfare and to contribute toward the diminution of health hazards and pollution in the city. The city council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of solid waste from all premises in the city is essential and benefits all residents of the city; therefore, all such occupants are 148
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made responsible for the collection, disposal, composting, and/or recycling of solid waste.
(e) The furtherance of the public health, safety and welfare requires the city council to determine whether solid waste collection, transfer, composting, recycling, and disposal services within the city shall be provided either by city officers and employees directly, or by contract(s) with qualified provider(s) of such services for the city. If the contract(s) option is selected by the city council, then specific, service and delivery-oriented contract(s) will be used. At the option of the city council, the contract(s) may be exclusive or non-exclusive. (f) The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other city ordinances, resolutions, or other written agreements.
(g) Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable materials which have not been discarded, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter and applicable law, including, but not limited to, SB 1383 Regulations.
(h) The city manager or authorized designee shall be responsible for reviewing solid waste, organic waste, and recycling services, contracts, permits, fees and rates and for making recommendations on the administration of the above to the city council for final action.
ARTICLE II GENERAL PROVISIONS
Sec. 24-3 General standards.
(a) No person or entity, without a contract or permit from the city shall remove or convey any discarded solid waste, including organic wastes or recyclables, or cause or permit to be removed or conveyed, any solid waste upon, over, or along any street in the city. No person shall drive, operate or cause to be operated nor shall any person employ, permit or allow another to drive or operate or cause to be operated, any solid waste vehicle over any street of the city unless otherwise permitted regardless of whether such operation extends beyond the boundary limits of the city, without a permit first having been obtained from the city, except:
(1) A vehicle being operated pursuant to a franchise issued by the authority of the California Public Utilities Commission or Interstate Commerce Commission.
(2) Any vehicle operated by a governmental agency.
(3) A solid waste vehicle, both of whose point of origin and destination are outside the city limits, provided it complies with the provisions of section 24-17.
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(b) It is unlawful for any person to deposit, cause or permit to be deposited, any solid waste upon or in any street or public right-of-way in the city or upon any property owned or leased by the city except in receptacles specifically approved for such purpose by the city.
(c) It is unlawful to dispose of dirt, rocks, stones, or concrete in a receptacle that could cause personal or property damage to the authorized collector or the city. It is unlawful to dispose of solid waste in any manner that is offensive or would adversely affect the health, safety and welfare of the city. (d) All vehicles transporting solid waste in or throughout the city shall be adequately covered and/or otherwise equipped to prevent the blowing out of solid waste, leaking of liquids from solid waste or the falling of solid waste from moving vehicles upon the roadway and adjacent properties. Owners of such vehicles used in connection with the collection, removal, disposal, composting and/or recycling of solid waste within the city shall pay for and obtain all appropriate licenses, permits, fees, and other forms of permission including, but not limited, to a city business license pursuant to Chapter 15 of the Code of the City of Fontana.
(e) It shall be unlawful for a person or entity to engage in solid waste, organic waste, or recyclable materials collection or hauling, recycling, composting, or other related commercial activity, except where exempted by this chapter, without possessing an applicable unexpired, unsuspended, unrevoked franchise, contract, or permit to do so issued by the city agency and having paid the appropriate fees to the city.
(f) No person, other than an authorized recycling agent of the city, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated collection location in approved contractor’s containers for the purposes of collection and recycling. No person shall be subject to an action for a violation of this section unless that person knows, or reasonably should know, that the materials would otherwise be collected by the city’s authorized recycling agent for the purpose of recycling the materials.
Nothing in this subsection limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials, provided that such donation, sale or disposal is in accordance with the terms and provisions of this chapter. (g) All persons in the city owning developed real property for residential use shall subscribe to the city’s solid waste collection services, including organic waste and recyclable materials collection services, meeting the provisions of this chapter, unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter.
(h) Every person in the city who has the occupancy, change or control of any non- residential, commercial/industrial use shall subscribe to commercial solid waste 150
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collection services pursuant to the provisions of this chapter unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter.
Sec. 24-4 Storage and accumulation standards.
(a) Storage areas. It is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any solid waste in or upon any public or private place unless the same shall be in a container having a close-fitting cover. The container shall be closed at all times except when opened to be filled or emptied.
It shall be the duty of the property owner to keep the solid waste container storage area clean and sanitary.
(b) Frequency of solid waste, organic waste and recyclable materials pickup. All solid waste created, produced, or accumulated in or about a dwelling, house, or place of human habitation shall be removed from the premises at least once each seven-day period to an approved disposal facility. All solid waste created, produced, or accumulated at hotels, restaurants, boardinghouses, or other businesses where solid waste containing garbage is accumulated shall be removed from the premises at least twice each seven days to an approved disposal facility. All other solid waste shall be removed from the premises at least once each seven days to an approved disposal facility. The city manager may require a greater number of collections per week upon finding that an unhealthful, unsightly, or public nuisance condition is created by adhering to the customer’s current collection frequency.
Pickup of recyclables shall be at made at the frequency specified by the city, unless the city manager determines that the uncollected recyclables may cause a nuisance and the city manager may require more frequent collection. The city manager may recommend to the city council that services by contract be provided on a more frequent basis than the minimums set forth herein. (c) Container; manner of placement. Each collection container shall be kept on the premises of the person utilizing the container, except that on the days designated for collection, it shall be placed for collection as follows: 1) on the curb in front of the premises occupied by the person; or 2) on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises is adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the container may be placed within two feet of the rear property line of the premises, and must be readily accessible for collection from the alley or at such other location as approved by the city manager.
Each solid waste collection container that the customer wants picked up shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to commence in the district in which the premises are located, and shall not be placed earlier than 24 hours to the time that the 151
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collection is scheduled to commence, and shall not remain, when placed at the curb, for more than 12 hours after the time of collection. (d) Storage of containers shall be consistent with the city’s general plan, zoning and development ordinances and other approvals.
Sec. 24-5 Nuisance and vector standards.
Because various organisms, particularly insects and rodents, have been known to transmit pathogens in unsanitary, unattended or exposed solid waste, no person shall remove any material from any solid waste receptacle, including organic waste or recyclable materials containers, with or without the occupant’s or property owner’s permission. Therefore, the following shall be observed:
(1) Preparation of household wastes. Wet refuse shall be placed in the designated containers in a manner that will not create a nuisance, odors and/or vector breeding.
(2) Hazardous, infectious, toxic and dangerous wastes. No dead animals, human waste, infectious wastes, hazardous wastes, toxic wastes and/or dangerous materials (such as explosives) shall be placed in containers for disposal with ordinary solid waste, organic waste, or recyclable materials.
Infectious wastes, hazardous wastes, toxic wastes, and other dangerous materials (including crankcase oils, solvents, wet paints, or similar materials) shall be stored and transported in accordance with all applicable federal, state and local codes.
Sec. 24-6 Container maintenance standards.
(a) Duty of person served to keep receptacles clean and sanitary. It shall be the duty of every person or business receiving residential and commercial solid waste collection service within the city to keep the solid waste receptacle(s) used for storage and collection in a clean, sanitary, and an unbroken condition. (b) Authorized receptacles and collection method for solid waste and recycling. In order to meet state organics and recycling mandates in the most cost-effective means possible, it is necessary to standardize the solid waste, organic waste, and recycling receptacles and collection. The city (or contractor) shall provide 30 days’ notice of the change in standardized containers or collection method after which time only the approved, contractor- or city-provided standardized containers and collection method shall be used.
All receptacles used for municipal residential and commercial solid waste, organic waste, and recyclable materials collection shall be provided by the collector or by the city. After being emptied by the collector or the city, each receptacle shall be set down in an upright, quiet manner with a lid intact.
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provided with at least one standardized solid waste, organic waste, and recyclable materials container per dwelling unit. Multiple-dwellings of five or more units shall use dumpster type containers unless otherwise approved by the city. The standardized containers shall be:
(1) A size, type, color and material approved by the city in accordance with SB 1383 Regulations.
(2) Owned by the contractor or the city; the containers’ replacement costs are to be included in the rates.
(3) Repaired and/or replaced at the contractor’s expense upon notification by the city or on the contractor’s own initiative.
Roll-off and dumpster containers shall be standardized and approved by the city. (c) Condemnation of containers. If the provisions of this chapter are not fully complied with, the collector or the city manager shall have a tag placed on the container or provide such other notification in accordance with the SB 1383 Regulations which states how the receptacle is out of compliance with this chapter. No collection shall be made therefrom until such container’s cited deficiencies are corrected. In such event, replacement shall be provided within 24 hours.
ARTICLE III.A MUNICIPAL RESIDENTIAL AND COMMERCIAL COLLECTION
SERVICES
Sec. 24-7 To be provided for and supervised by city.
(a) The collecting, composting, disposing, and recycling of all municipal solid waste and the billing for those services may be made either directly by city forces or by letting a contract or franchise. The city shall have charge and supervision of such services for the various parts of the city so as to insure conformance with the provisions of this chapter, and may change the same from time to time. When the routes or days of collection are established or changed, the notice shall be given in such manner as deems best by the city manager.
(b) It is unlawful for any person to hire, contract, or enter into agreement with any collector not franchised, contracted or permitted by the city. (c) It is unlawful for any collector granted a contract, franchise or permit under this chapter to conduct any operation or give any service other than the service authorized by the city.
(d) The city council, upon recommendation of the city manager, may terminate, revoke or suspend a contract or franchise if, in the judgment of the city council, the conditions of this chapter or contract or franchise have not been met. 153
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Sec. 24-8 Records, vehicle, and storage site inspection. (a) It shall be the duty of the city manager to have inspected and supervise all trucks, carts, or other vehicles used by the contractor(s) in the collection, composing, disposal, and recycling of solid waste; the city manager is to see that such vehicles are kept clean and sanitary and in a like-new condition; (b) The city manager shall inspect and insure that all places where vehicles, solid waste, organic waste and recyclables are stored after collection are clean and sanitary.
(c) The city manager shall have the right to inspect any and all books and records of any collector at any and all reasonable times, and any collector under this chapter shall keep adequate and complete books and records providing such detail as the city may require. Failure to keep and maintain such books and records shall be grounds for suspension of any contract, franchise or permit issued hereunder.
Sec. 24-9 Insurance required.
If a contractor or franchisee is used for solid waste collection, recycling, composting and/or disposal, the contractor shall provide comprehensive general liability and automobile insurance in the minimum limits set forth in the applicable contract or franchise.
Sec. 24-10 Surety bond required.
The contractor or franchisee who contracts with the city for the collection, disposal, removal, composting, and/or recycling of solid waste shall be required to furnish a surety bond to the city in a form and an amount satisfactory to the city, but in no event less than $200,000.00, conditioned upon the faithful performance of the contract and/or franchise and the provisions of this chapter, to collect, recycle and compost all solid waste in the city, and transport the same through the streets and public rights-of-way of the city to such destination as provided in this chapter.
Sec. 24-11 Franchise fees to be paid to the city by the contractor.
If the contractor or franchisee option is selected, the contractor shall pay to the city a contract or franchise fee as set by the city council at the time of entering a contract.
Sec. 24-12 Owner may contract for excess collection.
Any owner or occupant of any premises may contract with the contractor for special haul services for the removal of solid waste in excess of regular services provided by the contractor under contract or franchise with the city.
Sec. 24-13 Collection schedule.
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All solid waste shall be collected and removed as scheduled, except Sundays, New Year’s Day, Memorial Day, Labor Day, Thanksgiving Day, July 4th, and Christmas Day.
Sec. 24-14 Collection hours.
The collection hours shall be fixed at 7:00 a.m. through 5:00 p.m. on Mondays through Saturdays for residential customers and 5:00 a.m. through 7:00 p.m. on Mondays through Saturdays for commercial/industrial customers except when the latter borders on residential property, or when a holiday falls on a collection day.
Sec. 24-15 Collection fees to be paid by customers.
(a) Every person in the city who has the occupancy, charge or control of any place or premises within the city where any solid waste accumulates, with the exception of residential and commercial rental units, shall pay a fee in such amounts and in such manner as shall be established by resolution of the city council for the service of having such solid waste collected and removed from the place or premise and for meeting the costs of meeting the requirements of the California Integrated Waste Management Act, Pub. Res. Code § 40000, et seq., as amended from time to time.
In the case of residential and commercial rental units, the property owner of record shall be responsible for paying the fees established by city council resolution.
(b) Nothing in this section is intended to prevent an arrangement; or the continuance of an existing arrangement, under which payments of solid waste collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to the contractor and/or the contractor’s obligation to the city. (c) All fees for residential collection service, including all single-family residences and multiple dwellings of two to four units, shall be considered debts owed to the city until they are paid. If they are not paid within a 90-day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-
85. (d) All fees for commercial collection service, including all commercial use accounts and multiple dwellings of five or more units utilizing dumpster type containers, shall be billed and collected in accordance with procedures adopted by contract and approved by the city. All bills for collection shall be considered debts owed to the city until they are paid. If fees are not paid within 45 days of billing date, collection service will be suspended until all fees are paid. If they are not paid within a 90 day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-85.
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(e) It is unlawful for any person to request or receive services of the collector with the intent to defraud the collector or the city or to use the city’s recyclables for a purpose other than off-setting the costs of the city’s solid waste collection, disposal, recycling or composting expenses.
Sec. 24-16 Fees to be based on types of occupancies.
(a) The fees to be paid for the service of having solid waste collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city. Notices of any rate adjustments must be mailed at the contractor’s expense to all customers of the contractor. (b) Discrimination of rates and charges for pickup. It shall be unlawful for any collector or any agent or employee thereof covered by this chapter to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of or less than the rates and charges established and authorized by the city.
Sec. 24-17 Vehicle requirements.
All solid waste transported under the municipal residential and commercial solid waste collection article of this chapter, Article III.A, shall be transported in containers or truck bodies that are water-proof and so constructed as to prevent solid waste or liquid therein from falling, leaking, spilling or escaping or causing noticeable odor therefrom.
The solid waste, from the time that the last pickup is placed upon the truck and taken to the point of disposal, shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of solid waste shall have a new appearance on the exterior and be washed at least once a week and steam-cleaned once a month and kept in a well-painted condition. All solid waste shall be removed, conveyed and disposed of in such a manner so not to be a nuisance, menace, or danger to the public peace, health and safety, and shall be in accordance with any rules or obligations as provided by the city council.
Sec. 24-18 Disposal; locations and conditions.
(a) The contractor who contracts with the city for removal and disposal of solid waste shall dispose of same in such locations and under such conditions as may be approved by the city.
(b) At the request of either the city or a commercial customer, the contractor shall supply a rolling container with lockable tops at the customer’s collection site. The contractor may charge a fee to the customer for setup, maintenance and replacement of missing or broken locks, provided the fee is approved in the city council’s current fee-setting resolution. The tops are to remain locked at all-time except when the customer loads the container or the contractor unloads or replaces it.
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(c) At the request of the city, any commercial container is to be emptied and its contents are to be properly disposed of on the same day the request is made; this is to take place regardless of when the container is normally scheduled for pickup. The customer is to be billed for the extra pickup. The city will monitor the situation and may order the permanent placement and disposal for an additional container or increase in level of service if the earlier number of containers is inadequate to protect the general health, safety and welfare of the public. In that case, the commercial customer shall pay for the additional container(s).
Sec. 24-19 Additional containers.
(a) Installation of additional containers shall meet all planning and zoning requirements.
(b) An additional charge may be required for additional containers.
Sec. 24-20 Setting the rates; fees and charges and service levels to residential and commercial customers.
The rates and fees to be charged the customer for residential or commercial collection shall be as prescribed and set forth in the rate schedule by the city manager and thereafter revised by the city council. The rate as finally set by the city council shall become effective upon adoption thereof, or such other time as specified.
ARTICLE III.B MANDATORY ORGANIC WASTE DISPOSAL REDUCTION Sec. 24-21 Requirements for single-family organics generators.
Single-family organic waste generators, except generators that meet the self- hauler requirements in Section 24-27 of this chapter, shall comply with the following requirements:
(a) Generators shall subscribe to the city’s s organic waste collection services.
Generators shall participate in city’s s organic waste collection services by placing designated materials in designated containers. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; a generator shall adjust its service level for its collection services as requested by the city. (1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
(2) Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, 157
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e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .
(b) Generators shall not place prohibited container contaminants in collection containers.
(c) Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
Sec. 24-22 Requirements for commercial business organics generators.
Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall:
(a) Subscribe to the city’s organic waste collection services. Generators shall participate in and comply with the city’s organic waste collection services by placing designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.
(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
(2) Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .
(b) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (c)(1) and (c)(2) below) for employees, contractors, tenants, and customers. (c) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where 158
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disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(d) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (c) pursuant to 14 CCR Section 18984.9(b).
(e) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s color code container collection service.
(f) Excluding multi-family residential dwellings, periodically inspect organic waste collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
(g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials. (h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials and the location of containers and the rules governing their use at each property. (i) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article.
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(j) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(k) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Section 24-
24. (l) Failure to comply with the provisions of this section is a violation of this Article and may result in the penalties described in Section 24-29.
Sec. 24-23 Waivers for generators.
The city, at its sole discretion and in accordance with 14 CCR 18984.11, may elect to provide any, all, or none of the waivers listed below (a) De minimis waivers. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this Article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Subsection (a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection (a)(2) below.
(2) Provide documentation that either:
a. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the recyclable materials or organic waste containers comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
b. The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials or organic waste containers comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved a de minimis waiver.
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(b) Non-transferable physical space waivers. City may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic waste containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to the city that it is still eligible for physical space waiver annually every, if city has approved an application for a physical space waiver.
(c) Collection frequency waiver. The city, at its discretion and in accordance with 14 CCR section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three- container organic waste collection service to arrange for the collection of their recyclable materials container, black container, or both once every fourteen days, rather than once per week.
(d) Review and approval of waivers. Any waivers available under this section shall be reviewed and approved by the city manager or designee.
Sec. 24-24 Requirements for commercial edible food generators. (a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
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(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. (4) Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that food will be collected or self- hauled.
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(d) Nothing in this Article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
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Sec. 24-25 Requirements for food recovery organizations and services. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food. (2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. (2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) April 1 upon request from the city. 163
Ordinance No. 1890
(e) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days.
Sec. 24-26 Requirements for haulers and facility operators. (a) Requirements for haulers.
(1) Exclusive franchised haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
a. Through written notice to the city on or before the effective date of the agreement or most recent amendment and annually thereafter on or before the anniversary of the effective date, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated organic waste.
b. Transport source separated recyclable materials and source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
(2) Franchised haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with the city. (b) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at 164
Ordinance No. 1890
their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the city shall respond within sixty (60) days. (2) Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.
Sec. 24-27 Self-hauler requirements; residential only.
(a) Self-hauling of solid waste, in lieu of subscribing to the city’s collection service under this chapter, shall be permitted only for residential customers or occupants of residential premises who have received a variance under Sections 24-23 or 24-82, or for residential customers or occupants of residential premises hauling recyclable materials to sell or donate as allowed under Section 24-11(f). Self- hauling of solid waste, recyclable materials and/or organic waste shall not be permitted for commercial or industrial customers, or for construction contractors with respect to construction and demolition debris.
(b) Each person removing solid waste, organic waste or recyclable from his own residential premises shall deposit such only at authorized sites and shall not deposit, leave, dump, drop, place or otherwise dispose of such solid waste or other waste upon any street, alley, waterway or other unauthorized or unimproved lot or land within the city.
(1) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(2) Self-Haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
(c) Each person conducting a self-haul shall be in vehicles which are adequately covered to prevent the blowing out of solid waste.
(d) Nothing in this chapter shall be taken as forbidding or curtailing an individual’s right to collect, donate, transport, dispose of or recycle his or her own solid waste 165
Ordinance No. 1890
or the solid waste from his or her premises over which he or she has control, in addition to subscribing to the required service.
Sec. 24-28 Inspection and investigation.
(a) City Enforcement Officer or its Designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this Article by organic waste generators, commercial businesses (including multi- family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection. (b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any inspection or investigation is a violation of this Article and may result in penalties described.
(c) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City Enforcement Officer or its Designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws.
(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
Sec. 24-29 Enforcement of article.
(a) Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city’s enforcement official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. Except as otherwise required by the SB 1383 Regulations, the city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted 166
Ordinance No. 1890
pursuant to this Article except as otherwise indicated herein. Fines shall be the minimum amounts required by the SB 1383 Regulations.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city’s staff and resources.
ARTICLE IV PERMITS FOR INDIVIDUAL AND SMALL COLLECTORS Sec. 24-30 Businesses required to be permitted.
Firms engaged in the nursery, tree service, gardening, landscaping, lawn maintenance, building construction, composting, and recycling businesses in the city shall be required to obtain a city permit for hauling solid waste, organic waste and/or recyclable over city streets. These persons or firms shall:
(1) Pay for and maintain a current City of Fontana business license. A permit fee as set by the city council in the rate resolution shall be paid with the business license.
(2) Ensure solid waste, organic waste, or recyclables are contained in a covered vehicle, including being under a tarp, so it will not blow away or create a traffic or pollution hazard.
(3) As a condition of business license renewal, provide a report to the city, as specified by the city manager, on the amount and type of solid waste that was diverted by the permittee from landfills over the previous business license period. Such records shall further include all information required by the SB 1383 Regulations.
(4) Removal of construction debris by other than the municipal solid waste contractor shall not be allowed within the city except by separate permit pursuant to this section.
(5) Permits are non-transferable and may be terminated, revoked or suspended if the conditions of the permit are not met.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1190 Agenda Date: 2/22/2022
Agenda #: F. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Accept Donation from Bel-Air Swap-Meet, Inc.
RECOMMENDATION:
Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2022 67th Annual Fontana Days Run.
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To increase citizen involvement by seeking community input.
DISCUSSION:
The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Bel-Air Swap-Meet, Inc. donated $10,000 towards the 2022 67th Annual Fontana Days Run and is recognized as a Presenting Title Sponsor of this event.
FISCAL IMPACT:
The $10,000 was deposited into account 10124310.5531 for use in offsetting costs for the 2022 67th Annual Fontana Days Run.
MOTION:
Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1191 Agenda Date: 2/22/2022
Agenda #: G. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Accept Donation from Fontana Foundation of Hope
RECOMMENDATION:
Accept donation from Fontana Foundation of Hope in the amount of $10,000 for use towards the 2022 67th Annual Fontana Days Run.
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To increase citizen involvement by seeking community input.
DISCUSSION:
The Community Services Department receives donations and sponsorships from many local companies to help support and enhance various programs, activities, and events. Fontana Foundation of Hope donated $10,000 towards the 2022 67th Annual Fontana Days Run and is recognized as a Presenting Title Sponsor of this event.
FISCAL IMPACT:
The $10,000 was deposited into account 10124310.5531 for use in offsetting costs for the 2022 67th Annual Fontana Days Run.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1221 Agenda Date: 2/22/2022
Agenda #: H. Category: New Business
FROM:
Development Services
SUBJECT:
Adoption of a Resolution of the City Council of the City of Fontana Declaring Its Intent to Abandon and Sell City-Owned Undeveloped Parkland
RECOMMENDATION:
Adoption of a Resolution No. 2022-_____ of the City Council of the City of Fontana Declaring Its Intent to Abandon and Sell City-Owned Undeveloped Parkland.
COUNCIL GOALS:
· To practice sound fiscal management by living within our means while investing in the future. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
Background
On September 23, 1997, Ten-Ninety, LTD quit-claimed the deed of a ten (10) acre parcel of vacant land identified as APN 0237-411-13 (the “Property”)to the City, which was formally accepted by the City on May 2, 1999. The Property was never formally dedicated as “park”,was not used as a public park, and no City funds were used to improve the Property into a park. As such the Property has remained vacant parkland since the City acquired it in 1997.
A developer that owns the neighboring property has approached the City with an offer to purchase the vacant parkland and thereafter dedicate back to the City approximately five (5) acres of the Property that will include three-and-a-half acres of open space and trails, and a one-and-a-half acres of a proposed “Trailhead Park”, which would include a passive park, and a newly constructed dog park and parking lot.
Resolution of Intent
Before the City can sell land that was dedicated for parkland purposes it must abandon the park designation. To do so, it must adopt a Resolution of Intent descripting the Property to be abandoned City of Fontana Printed on 2/17/2022Page 1 of 2
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File #: 21-1221 Agenda Date: 2/22/2022
Agenda #: H. Category: New Business
designation. To do so, it must adopt a Resolution of Intent descripting the Property to be abandoned and then after 30 days, conduct a public hearing to meet, hear, and pass on objections to the abandonment of the Property. If the City Council concurs with the objections, the proceedings shall terminate. However, if all objections are overruled, then City Council may order all or a portion of the Property to be abandoned and sold.
City Council has indicated an interested in selling the Property if five acres of the Property are dedicated back to the City as described above. In order to abandon and sell the parkland, City Council must first adopt a Resolution of Intent declaring its intention to abandon all or part of the park.
FISCAL IMPACT:
There is no fiscal impact from this action. The proposed sale of the Property which would be considered at the April 12, 2022 meeting would be at a fair market price.
MOTION:
Approve staff recommendation.
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1 RESOLUTION NO. ________
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF FONTANA TO ABANDON AND SELL
UNDEVELOPED PARKLAND PURSUANT TO THE
MUNICIPAL PARK ABANDONMENT LAW OF 1939
(GOVERNMENT CODE SECTIONS 38501 ET SEQ.)
WHEREAS, on September 23, 1997 the City of Fontana (“City”) acquired a parcel of vacant parkland by quit -claim deed identified as APN 0237- 411-13, as more particularly described in Exhibit “A” (“Property”); and
WHEREAS, the Property was formally accepted by the City on May 2, 1999; and
WHEREAS, the Property is approximately ten (10) acres in size; and
WHEREAS, the Property was never formally dedicated as a “ park” or developed as a park, never used by the public as a park, nor were City funds were ever used to make improvements to the Property; and
WHEREAS, the Municipal Park Abandonment Law of 1939, codified at Government Code sections 38501 et seq. (the “Act”) authorizes the City to sell land that was dedicated for parkland purposes; and
WHEREAS, the City finds that the Property has not been used by the public for park purposes, that no consideration has been paid for the parkland , and that no public funds have been expended to improve the land as a park; and
WHEREAS, in order for the City to sell the Property, the City must first abandon the Property in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference and made a substantive portion of this Resolution.
Section 2. It is the intention of the City Council of the City of Fontana to abandon and sell the Property pursuant to the provisions of the Municipal Park Abandonment Law of 1939.
Section 3. A map showing the P roperty to be abandoned and sold is on file in the Office of the City Clerk at 8353 Sierra Avenue, California, 92335 and is available for public inspection during the City’s normal business hours.
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2 Section 4. The proposed abandonment is set for a public hearing at 7:00 p.m. or as soon thereafter as the matter can be heard, on April 12, 2022 in the City of Fontana, California.
Section 5. A copy of this Resolution shall be published and posted in the manner prescribed by Section 38504 of the Government Code.
PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on February 22, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
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3 Exhibit “A”
Legal Description of Parkland
LOT 11 OF TRACT NO. 15117, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 275, PAGES 66 THROUGH 90, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0237-411-13-0-000
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1156 Agenda Date: 2/22/2022
Agenda #: I. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
After School Education and Safety Program Services Agreement & Expanded Learning Opportunities Program Funding Amendment between the City and Fontana Unified School District RECOMMENDATION:
1. Approve the amendment to the After School Education and Safety (ASES) Program Services Agreement inclusive of Expanded Learning Opportunities Program (ELO-P) funding with the Fontana Unified School District. (See Attachment A)
2. Authorize the City Manager or designee to sign the Agreement Amendment, all related documents, and any amendments for the term of the agreement.
3. Approve additional appropriations in Fund 386 as follows: FY 2021-2022 $4,495,120.
COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.
· To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages.
DISCUSSION:
The City of Fontana is currently in its fifteenth year of collaboration with the Fontana Unified School District (FUSD) as the provider of the After School Education and Safety Grant (ASES) program through the California Department of Education (CDE). The program’s goal is to provide quality educational, recreational, and cultural programs at no cost to registered participants in kindergarten through eighth grade across (28) twenty-eight elementary and (5) five middle schools serving a maximum of 84 participants per site.
Due to ASES capacities and funding parameters, FUSD has continued to seek additional funding sources to enhance programming, expand program access, and aid in program long-term sustainability.
As a result, FUSD has been able to secure additional funding through the CDE adoption of Education Code 46120 establishing the Expanded Learning Opportunities Program (ELO-P). ELO-P will provide ongoing annual funding intended for expanded learning and enrichment programs focusing on City of Fontana Printed on 2/17/2022Page 1 of 2
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File #: 21-1156 Agenda Date: 2/22/2022
Agenda #: I. Category: Consent Calendar
ongoing annual funding intended for expanded learning and enrichment programs focusing on transitional kindergarten through sixth grade.
The District has requested an Amendment to the current City of Fontana, ASES Program Services Agreement, July 1, 2020, through June 30, 2024, to include the 2021-2024 ASES daily student cost increase and to implement ELO-P. The proposed revised Agreement addresses the program issues through the inclusion of the following amended terms. (See Attachment A) · Change of Agreement to include all Expanded Learning Program Services related to the Grant.
· ASES Grant award in the estimated amount of $152,612.13 per elementary school and $203,482.84 per middle school based on the Average Daily Attendance calculation of $10.18/day per student.
· ELO-P additional funding in the estimated amount not to exceed of $63,957,520 to provide Expanded Learning Program Services as related to the GRANT and established by CDE. (This breaks down as follows: $4,495,120 in Fiscal Year 2021/2022, $29,731,200 for Fiscal Years 2022/2023 and $29,731,200 for Fiscal Years 2023/2024.) · Access to the Program to increase to 50% of currently enrolled unduplicated pupils in school year 2021/2022 and 100% beginning school year 2022/2023. (See Attachment B and C, it is anticipated that school year 2023/2024 will be consistent with Attachment C) The proposed Agreement Amendment will allow the City to increase access to program services and for service delivery City reimbursement at 33 transitional kindergarten through sixth grade sites. If approved, ELO-P would be gradually implemented starting February 2022 through June 2024 in the following order due current community and family needs. · Eliminate waitlists at eight sites located in the City’s core. · Program access offered to 100% of school population at the eight initial sites. · Eliminate waitlists and offer program access to 100% of school population at ASES sites located in south Fontana.
· Eliminate waitlists and offer program access to 100% of school population at ASES sites located in north Fontana.
The proposed revised Agreement will be reviewed by the Fontana Unified School District Board at FUSD Board of Education meeting on Wednesday, February 2, 2022.
FISCAL IMPACT:
This grant is 100% reimbursable. The FY 2021-2022 funding will be included with the Third Quarter Budget Report as follows: 38624101.5335 $4,495,120 and 38624101.8010 $4,495,120.
MOTION:
Approve staff recommendation.
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AMENDMENT NO. 2 TO AFTER SCHOOL EDUCATION AND SAFETY GRANT PROGRAM SERVICES
AGREEMENT
This amendment, dated February 2, 2022, hereby amends the Agreement dated July 1, 2020, between the Fontana Unified School District (DISTRICT), and the City of Fontana (PROVIDER) to provide After School Educational and Safety GRANT (GRANT) Program Services (Program) to DISTRICT pupil s to provide additional enrichment programs as established by the California Department of Education (CDE), inclusive of the Expanded Learning Opportunities Program (ELO-P). The following terms are changed to:
• Change of Agreement to include all Expanded Learning Program Services related to the GRANT . • GRANT award in the estimated amount of $152,612.13 per e lementary school and $203,482.84 per middle school based on the Average Daily Attendance calculation of $10.18/day per student. • Additional funding in the estimated amount of $63,957,520 to provide Expanded Learning Program Services as related to the GRANT and established by CDE. • Access to the Program to increase to 50% of currently enrolled unduplicated pupils in school year 2021/2022 (Schedule “A”) and 100% beginning school year 2022/2023 (Schedule “B”).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
FONTANA UNIFIED SCHOOL
DISTRICT
CITY OF FONTANA
By: _________________________________
Signature
Ryan DiGiulio
Associate Superintendent of
Business Services
9680 Citrus Avenue
Fontana, CA 92335
909-357-7600
_______________________________________
Date
By: _______________________________
Signature
_______________________________
Printed Name
_______________________________
Title
___________________________________
Address
___________________________________
City State Zip _____________________________________
Telephone Number
_____________________________________
Date
Attest:
By: _______________________________
Tonia Lewis, City Clerk
Attachment A
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SCHEDULE “A”
LIST OF SCHOOL SITES/LOCATIONS WHERE ASES SERVICES ARE PROVIDED
ESTIMATED MAXIMUM NUMBER OF PUPILS PER LOCATION IN SCHOOL YEAR 2021/2022
Name of Site Number of Pupils
Alder Middle 124
Almond Elementary 226
Beech Elementary 344
Canyon Crest Elementary 202
Chaparral Elementary 282
Citrus Elementary 284
Cypress Elementary 299
Date Elementary 268
Dorothy Grant Innovations Academy 332
Fontana Middle 190
Hemlock Elementary 202
Juniper Elementary 207
Kathy Binks Elementary 285
Live Oak Elementary 209
Locust Elementary 177
Mango Elementary 238
Maple Elementary 247
North Tamarind Elementary 204
Oak Park Elementary 164
Oleander Elementary 308
Palmetto Elementary 295
Poplar Elementary 239
Randall Pepper Elementary 234
Redwood Elementary 270
Sequoia Middle 68
Shadow Hills Elementary 181
Sierra Lakes Elementary 363
South Tamarind Elementary 276
Ted Porter Elementary 322
Truman Middle 145
Virginia Primrose Elementary 186
Wayne Ruble Middle 217
West Randall Elementary 168
SCHEDULE “A”
Attachment B
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SCHEDULE “B”
LIST OF SCHOOL SITES/LOCATIONS WHERE ASES SERVICES ARE PROVIDED
ESTIMATED MAXIMUM NUMBER OF PUPILS PER LOCATION BEGINNING IN SCHOOL YEAR 2022/2023
Name of Site Number of Pupils
Alder Middle 248
Almond Elementary 452
Beech Elementary 687
Canyon Crest Elementary 404
Chaparral Elementary 282
Citrus Elementary 567
Cypress Elementary 597
Date Elementary 535
Dorothy Grant Innovations Academy 664
Fontana Middle 379
Hemlock Elementary 403
Juniper Elementary 414
Kathy Binks Elementary 570
Live Oak Elementary 418
Locust Elementary 353
Mango Elementary 476
Maple Elementary 493
North Tamarind Elementary 407
Oak Park Elementary 327
Oleander Elementary 616
Palmetto Elementary 590
Poplar Elementary 477
Randall Pepper Elementary 467
Redwood Elementary 540
Sequoia Middle 68
Shadow Hills Elementary 362
Sierra Lakes Elementary 725
South Tamarind Elementary 551
Ted Porter Elementary 644
Truman Middle 290
Virginia Primrose Elementary 372
Wayne Ruble Middle 434
West Randall Elementary 336
SCHEDULE “B”
Attachment C
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1016 Agenda Date: 2/22/2022
Agenda #: J. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Annual Chevrolet Vehicle Purchase Contract, Service and OEM Parts Contract (SB-20-PW-22) RECOMMENDATION:
Award bid to Rotolo Chevrolet Inc. of Fontana, CA to purchase new and used vehicles, service, and OEM parts for two (2) years with an option for three (3) additional one-year increments.
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To promote economic development by being business friendly at all levels of operation.
Discussion:
To implement an enhanced acquisition process, the Purchasing office recently solicited bid packages for an annual contract to purchase city vehicles, service and OEM parts. The bid listed five types of vehicles that the city can utilize for each department. The type of vehicles included are SUV’s including police PPV package full size trucks and full electric vehicles to meet zero emission requirements. The dealer will pass all factory incentives, fleet discounts and bid allowances back to the city.
One hundred fifty-seven (157) vendors were notified of the bid. Bid packets were downloaded and received by seven (7) vendors and one (1) Fontana vendor bid response was received. After evaluating the vendor response, the Purchasing Office is recommending Rotolo Chevrolet Inc. for award of contract as they are the only responsive bidder.
FISCAL IMPACT:
Funds for the purchase of city vehicles were identified for the FY 2021/22 Adopted Budget, specifically from the Fleet Maintenance Fund #751. Vehicles will only be purchased on an as-needed basis.
MOTION:
Approve staff recommendation.
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8353 SIERRA AVENUE, FONTANA, CA 92335
www.fontanapurchasing.org
City of Fontana
Purchasing Office
October 21, 2021
TO: Armando Martinez, Public Works Manager
FROM: Ticha Loera, Purchasing Specialist
SUBJECT: RECAP OF BID SB-20-PW-22, ANNUAL CHEVROLET VEHICLE
PURCHASE, SERVICE AND OEM PARTS CONTRACT
The bid for the above-named project was opened electronically at 2:00 P.M. on October 7, 2021. One hundred fifty-seven (157) vendors were notified of the bid. Bid packets were downloaded/received by seven (7) vendors and we received one (1) response. Nineteen (19) Fontana vendors were notified of the bid. One Fontana vendor response was received.
After evaluating the bid response, the Purchasing Office is recommending Rotolo Chevrolet, Inc. for award of contract as they are the lowest, most responsive, and responsible bidder.
If you agree with the Purchasing Office’s recommendation, please forward, at your earliest convenience, an Action Report to Fontana City Council for their concurrence with the recommendation.
If you have any questions, please contact me at x6696.
cc: Purchasing File
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1218 Agenda Date: 2/22/2022
Agenda #: K. Category: Consent Calendar
FROM:
City Manager's Office
SUBJECT:
Approval of a Resolution of the Fontana City Council in Opposition to Taxpayer Protection and Government Accountability Act (initiative 21-0042A1.)
RECOMMENDATION:
Adopt Resolution No. 2022-______, a Resolution of the City Council of the City of Fontana, to join the NO on Initiative 21-0042A1 coalition, and direct staff to email a copy of this adopted resolution to the League of California Cities.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community. · To create a team by supporting the decisions of the majority once made.
DISCUSSION:
The background below was provided by the Legislative Analyst's Office (LAO). The LAO has provided fiscal and policy advice to the Legislature for 75 years. It is known for its fiscal and programmatic expertise and nonpartisan analyses of the state budget, legislation, and state ballot measures. The office serves as the "eyes and ears" for the Legislature to ensure that the executive branch is implementing legislative policy in a cost efficient and effective manner.
State Government
Taxes and Fees. This year’sstate budget spends over $255 billion in state funds. Over 90 percent of the state budget is funded with revenues from taxes. These include, for example, sales taxes paid on goods and income taxes paid on wages and other sources of income. Much of the rest of the state budget is funded by fees and other charges. Examples include: (1) charges relating to regulatory activities; (2) charges for specific government services or products, like fees charged to drivers to improve roads; (3) charges for entering state property, such as a state park; and (4) judicial fines, penalties, and other charges. The State Constitution requires the state to set fees at a reasonable level, generally reflecting the costs of the services or benefits provided. The state uses revenue from taxes and fees to fund a variety of programs and services, including education, health care, transportation, and housing and homelessness services.
Current Requirements to Approve Taxes and Fees. Under the State Constitution, state tax increases require approval by two-thirds of each house of the Legislature or a majority vote of the statewide electorate. The Legislature can reduce taxes with a majority vote of each house, provided the change does not result in an increase in taxes paid by any single taxpayer. In many cases, the City of Fontana Printed on 2/17/2022Page 1 of 4
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the change does not result in an increase in taxes paid by any single taxpayer. In many cases, the Legislature has enacted statutes that delegate its authority to adjust fees and other charges to administrative entities, like state departments. In these cases, these charges can be increased or changed by the department within certain limits.
Local Government
Taxes and Fees. The largest local government tax is the property tax, which raises roughly $75 billion annually. Other local taxes include sales taxes, utility taxes, and hotel taxes. In addition to these taxes, local governments levy a variety of fees and other charges. Examples include parking meter fees, building permit fees, regulatory fees, and judicial fines and penalties. In order to be considered a fee, the charge cannot exceed the reasonable costs to the local government of providing the associated product or service. Local governments use revenues from taxes and fees to fund a variety of services, like fire and police, public works, and parks.
Current Requirements to Approve Taxes and Fees. State law requires increases in local taxes to receive approval of the local governing body-for example, a city council or county board of supervisors-as well as approval of voters in that local jurisdiction. Most proposed taxes require a two- thirds vote of the local governing board before being presented to the voters. Special taxes (those used for a specific purpose) require a two-thirds vote of the electorate while other types of taxes require a majority vote of the electorate. The majority-vote general taxes can be used for any purpose. Recent case law suggests that citizen initiative special taxes may be approved by majority vote, rather than a two-thirds vote. Currently, local governing bodies have the ability to delegate their authority to adjust fees and other charges to administrative entities, like city departments. In these cases, these charges can be increased or changed by the department within certain limits.
Proposal
This measure amends the State Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges.
State and Local Government Taxes
Expands Definition of Tax. The measure amends the State Constitution to expand the definition of taxes to include some charges that state and local governments currently treat as fees and other charges. For example, certain charges imposed for a benefit or privilege granted to a payer but not granted to those not charged would no longer be considered fees. As a result, the measure could increase the number of revenue proposals subject to the higher state and local vote requirements for taxes discussed below.
Requires Voter Approval for State Taxes. The measure increases the vote requirements for increasing state taxes. Specifically, the measure requires that legislatively proposed tax increases receive approval by two-thirds of each house and a majority vote of the statewide electorate. Voters would still be able to increase taxes by majority vote of the electorate without legislative action, however. Any state tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.
Requirements for Approving Local Taxes. Whether sought by the local governing body or the electorate, the measure establishes the same approval requirements for increasing local special City of Fontana Printed on 2/17/2022Page 2 of 4
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electorate, the measure establishes the same approval requirements for increasing local special taxes. Any local tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.
Allowable Uses and Duration of State and Local Tax Revenues Must Be Specified. The measure requires state and local tax measures to identify the type and amount (or rate) of the tax and the duration of the tax. State and local government general tax measures must state that the revenue can be used for general purposes.
State and Local Government Fees
Requires the Legislature and Local Government Bodies to Impose State and Local Fees. Fees would have to be imposed by a majority vote of both houses of the Legislature or local governing bodies. The measure would restrict the ability of state and local governments to delegate fee changes to administrative entities. The extent of these restrictions would depend on future court decisions. Any fee approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.
Some New State and Local Fees Could Not Exceed Actual Costs. For some categories of fees, if the Legislature or a local governing body wished to impose a new fee or make changes to an existing fee, the measure generally would require that the charge be both reasonable and reflect the actual costs to the state or local government of providing the service. The measure also specifies that actual cost should not exceed “the minimum amount necessary.” In many cases, existing fees already reflect the government’s actual costs. In other cases, some fees would have to more closely approximate the payer’sactual costs in order to remain fees. If a fee payer challenged the charge, the state or local government would need to provide clear and convincing evidence that the fee meets this threshold. State and local governments also would bear the burden of providing clear and convincing evidence that the levy is a fee-which is not subject to a vote by the electorate-and not a tax under the new definition.
Fiscal Effects
Lower State Tax and Fee Revenue. By expanding the definition of a tax, increasing the vote requirements for approving taxes, and restricting administrative changes to fees, the measure makes it harder for the Legislature to increase nearly all types of state revenues. The extent to which revenues would be lower under the measure would depend on various factors, most notably future decisions made by the Legislature and voters. For example, requirements for legislative approval of fee increases currently set administratively could result in lower fee revenues, depending on future votes of the Legislature. That lower revenue could be particularly notable for some state programs largely funded by fees. Due to the uncertainty of these factors, we cannot estimate the amount of reduced state revenue, but it could be substantial.
Lower Local Government Tax and Fee Revenue. Compared to the state, local governments generally face greater restrictions to raising revenue. By expanding the definition of taxes and restricting administrative changes to fees, the measure would make it somewhat harder for local governments to raise revenue. Consequently, future local tax and fee revenue could be lower than they would be otherwise. The extent to which revenues would be lower is unknown, but fees could be more impacted. The actual impact on local government revenue would depend on various factors, City of Fontana Printed on 2/17/2022Page 3 of 4
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including future decisions by the courts, local governing bodies, and voters.
Possible Increased State and Local Administrative Costs to Change Some Fee Levels. In some cases, state and local departments would need to develop methods for setting fees to reflect actual costs if the Legislature or local governing bodies wanted to change those fees in the future.
Estimating actual costs by program and fee source could involve some added workload for those state and local departments, which likely would be supported by fee revenue. The extent of these administrative costs would depend on (1) whether the state and local governments determine a fee increase is needed in order to maintain their current level of programs and services funded through fee revenue and (2) future court decisions.
FISCAL IMPACT:
The LAO estimates that this measure would have the following major fiscal effects:
•Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts.
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Resolution to Oppose Initiative 21-0042A1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA IN OPPOSITION TO THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT (INITIATIVE 21-0042A1)
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
THEREFORE, BE IT RESOLVED that the City of Fontana, opposes Initiative 21-0042A1.
THEREFORE, BE IT FURTHER RESOLVED, that the City of Fontana will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities.
WHEREFORE, this Resolution is passed, approved, and adopted this ____ day of ___________, 2021.
_______________________________
Acquanetta Warren, Mayor
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ATTEST:
______________________________
Ashton Arocho, City Clerk
APPROVED AS TO FORM:
______________________________
Ruben Duran, City Attorney
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1169 Agenda Date: 2/22/2022
Agenda #: L. Category: Consent Calendar
FROM:
Information Technology
SUBJECT:
Fleet GPS Tracking System
RECOMMENDATION:
1. Authorize the Purchasing Office to utilize the County of San Bernadino Contract No. 20-33 for mobile self-contained GPS units and tracking services.
2. Approve the purchase of the mobile self-contained GPS units and tracking services from Forward Thinking Systems, LLC in the amount of $378,852.
COUNCIL GOALS:
· To operate in a businesslike manner by improving services through the effective use of technology.
· To improve public safety by minimizing community impact from disaster events with emergency and disaster preparedness and community awareness DISCUSSION:
The City’sPublic Works Fleet division currently manages approximately 500 City vehicles and mobile equipment. The Fleet division does not have a central location for tracking, managing, and analyzing location and diagnostic data of the entire vehicle and mobile equipment fleet. Additionally, staff does not currently receive alerts for error codes triggered by vehicle and or equipment issues.
After analysis and testing of Forward Thinking Systems, LLC IntelliHub solution, the City is electing to move forward with their system. The system will be used to facilitate the management of vehicles and mobile equipment by the Fleet division. Primary users of this system will be Public Works Fleet division with an impact to all departments with vehicles assigned to them.
The IntelliHub solution includes GPS which is an effective asset management tool that will allow the City to monitor performance metrics, including idle time, utilization, miles driven, system diagnostics, and vehicle locations. GPS can monitor a vehicle’scomputer system and can alert staff whenever there is a problem noted (error codes). This allows for possible tracking of stolen vehicles, increased efficiency in disaster response in knowing the current location of needed equipment, faster repairs, lower costs, and less downtime. The data can be used by Human Resources and Risk Management to defend the City against fraudulent complaints/claims. Additionally, the GPS units are in communication with the Bureau of Automotive Repair (BAR) for the State of California, allowing the City to forgo the smog inspection process provided the vehicles are functioning up to BAR standards, City of Fontana Printed on 2/17/2022Page 1 of 2
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which reduces vehicle downtime and loss of productivity.
Fontana City Code Article V- Purchasing (Section 10-152) authorizes bidding to be exempt from bid procedures conducted by another agency. Staff is recommending that the City Council authorize this contract between Forward Thinking Systems, LLC and the City, and to “piggy-back”off the San Bernardino County contract for the implementation and purchase of the Forward Thinking Systems, LLC IntelliHub system.
FISCAL IMPACT:
Funds for the implementation of Forward Thinking Systems (year 1), LLC system are being requested with the FY21/22 Mid-Year Budget Status Review in the amount of $75,770 from the City Technology Fund #102 and is funded through a transfer in from the General fund.
The total cost for the first five years needed for user licensing, annual support, hosting, and maintenance will be $378,852 and will be included in future fiscal year budgets.
MOTION:
Approve staff recommendation
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RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
January 28, 2020
FROM
RON LINDSEY, Director, Fleet Management Department
SUBJECT
Contract with Forward Thinking Systems, LLC.
RECOMMENDATION(S)
1. Approve Contract No. 20-33 with Forward Thinking Systems, LLC for mobile self-contained GPS units and tracking services in the total aggregate amount of $2,000,000 for a five-year period from January 28, 2020 through January 28, 2025.
2. Approve Amendment No. 1 to Contract 15-352 extension with Verizon Connect NWF Inc. for 3 months to transition approximately 2,300 vehicles from Verizon Connect NWF Inc. to Forward Thinking Systems, LLC for mobile self-contained GPS units and tracking services in the total aggregate amount of $140,000 from January 1, 2020 through March 31, 2020. (Presenter: Ron Lindsey, Director, 387-7870)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Improve County Government Operations.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The contract will have an aggregate not-to-exceed value of $2,000,000 over five years.
Sufficient appropriation has been included in Fleet Management's (Fleet) 2019-20 budget (791 4064) and will be included in future recommended budgets. Fleet is an internal service fund, and its operational costs are financed through Board of Supervisors (Board) approved rates charged to customers. Historically, annual expenditures for telematics (GPS) units and services have been approximately $540,000. Annual expenditure for GPS units and services of Forward Thinking Systems, LLC is projected to be $400,000, a savings of $700,000 over a 5 year period.
BACKGROUND INFORMATION
Fleet manages approximately 2,300 County vehicles with GPS units installed. GPS is an effective asset management tool that allows the County to monitor vehicle performance including idle time, vehicle utilization, miles driven, and system diagnostics. GPS units monitor a vehicle's computer system and can alert County staff whenever there is a problem noted ( error codes). This allows for faster repairs, lower costs, and less downtime. GPS units have also been used on at least one occasion to recover a stolen County vehicle, and the data can be used by both Risk Management and Human Resources to defend the County against fraudulent complaints/claims. Additionally, the GPS units are in communication with the Bureau of Automotive Repair (BAR) for the State of California, allowing the County to forgo the smog inspection process provided the vehicles are functioning up to BAR standards, which reduces vehicle downtime and loss of productivity. The GPS services, which include vehicle utilization and analysis, aligns with the goal of improving County Government operations and operating in Item 19
Contract with Forward Thinking Systems, LLC.
January 28, 2020
a fiscally responsible and business-like manner. An extension of the contract with the current vendor, Verizon Connect NWF Inc. will allow for a smooth transition to the newly awarded vendor, Forward Thinking Systems LLC. A separate encumbered Purchase Order will be used for the 3-month extension of Verizon Connect NWF Inc.
This item is being presented to the Board at this time as this is the first date available for presentation following the required operational, fiscal, and legal reviews. Approval of the contract by the Board on this date will not impact Fleet Management's services or activities.
PROCUREMENT
County Policy 11-04 requires departments to seek Board approval when contracting for competitive and non-competitive purchases of services in excess of $200,000 during a single annual period. On October 1, 2019, Purchasing released a Request for Proposals via the County electronic Procurement Network ( ePro) for GPS units and monitoring services. Sixteen responsive proposals and one late non-responsive proposal were received.
Proposals were evaluated by a panel with representatives from the Information Services Department, Fleet, Public Works, and Human Resources, based on Qualifications and Experience, Technical and Functional Specifications, Costs and References. Forward Thinking Systems LLC was the highest ranking proposal. Intent to award and denial letters were sent on December 2, 2019, and no protests were received.
REVIEW BY OTHERS
This item has been reviewed by Purchasing (Leo Gomez, Purchasing Manager, 387-2063) on December 09, 2019; County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on January 03, 2019; Finance (Joon Cho, Administrative Analyst, 387-5005) on January 7, 2020; Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on January 10, 2020.
Item 19
Contract with Forward Thinking Systems, LLC.
January 28, 2020
Record of Action of the Board of Supervisors
County of San Bernardino
APPROVED (CONSENT CALENDAR)
Moved: Robert A. Lovingood Seconded: Janice Rutherford
Ayes: Robert A. Lovingood, Janice Rutherford, Dawn Rowe, Curt Hagman, Josie Gonzales Lynna Monell, CLERK OF THE BOARD
BY ~ DAT~ nuary~020
cc: Fleet- Linsey w/agree
Contractor- C/O Fleet w/agree
Purchasing- Battaglia w/agree
Contractor- C/O Purchasing w/agree
File- w/agree
la 02/4/2020
Item 19
, , 'fHE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
ERNARDINO
UNTY
SAP Number
Fleet Management
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Ron Lindsey
909-387-7870
Forward Thinking Systems LLC
David Isler
(516) 629-4918
01/28/2020 to 01/27/2025
$2,000,000
N/A
$2,000 ,000
7913134064
WHEREAS, the County of San Bernardino ("County") desires to procure GPS units and monitoring services, and WHEREAS, the County conducted a competitive process to find Forward Thinking Systems LLC ("Contractor") to provide these GPS units and services, and
WHEREAS, the County finds Contractor qualified to provide GPS units and monitoring services (collectively ("Services"), and
WHEREAS, the County desires that such Services be provided by Contractor and Contractor agrees to perform these Services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. DEFINITIONS
A.1 The term "Fleet" refers to the Department of Fleet Management for the County of San Bernardino .
A.2 The term "GPS" refers to Global Positioning System
B. CONTRACTOR RESPONSIBILITIES
8.1 Vendor Shall Supply the County Fleet Department GPS units with the followlng specifications and diagnostic reporting capabilities.
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Hardware must be plug-and-play, no wire splicing required, with tamper resistant mounting, "discrete" under dash mounting. On OBDII (On Board Diagnostics II) vehicles cable "splitter" required.
GPS device will plug directly into the most current OBD (currently OBDII) or J1708 connection for both power and diagnostic data gathering. Information coming from OBD will include at minimum:
1. Vehicle odometer reading .Vendor will specify if from on board diagnostics II.
2. Daten-ime of vehicle monitoring
3. Malfunction Indicator Lamp (MIL)
4. Active Diagnostic Trouble Codes (DTC's)
5. Catalyst Comprehensive Component
6. Exhaust Gas Recirculation (EGR) System
7. Evaporative System
8. Fuel System
9. Misfire
10. Oxygen Sensors
11. Secondary Air Systems
12. Emission Status
13. Calculated Load Value
14. Engine Speed (RPM)
15. Coolant Temperature
16. Intake Air Temperature
17. All other available parameter IDs
18. Must have Download capabilities of above information.
8.2 Vendor shall provide the following GPS tracking capabilities.
1. Tracking with a maximum of 2-minute intervals ("pings").
2. Information at minimum will include date, time, maximum speed, heading, GPS Location, direction and odometer
3. View historical GPS data online.
4. Store GPS tracking information when vehicle is out of cell coverage.
5. Must have land-marking and gee-fencing capabilities that allow different locations to be highlighted.
8.3 Contractor shall be approved by the State of California BAR (Bureau of Automotive Repair) to be part of the Continuous Testing Program (CTP) at time of issuance of PO. System shall have this capability and be approved by the California BAR to participate in the program and report the results to the BAR. Contractor shall automatically enroll all eligible CTP vehicles, and notify County of any vehicles in danger of losing CTP status Contractor shall ensure that all County vehicles currently enrolled in CTP remain enrolled.
8.4 Contractors lntellihub software shall have the following requirements
1. Be completely web based, requiring no software installation.
2. Reporting capabilities must include the ability to schedule reports for future dates and recurring schedules, specified by each user.
3. Software shall include the ability to alert the County based on idle, speed, MIL, gee-fence, and odd hour's usage at minimum.
4. Software must produce the following reports at minimum:
a. Speed Violation
b. Idle Time
c. Geo-fencing/landmark violations
d. Stop Detail Report
e. Vehicle Activity
f. Begin/End of Day
g. Fuel Usage and MPG
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·h. 0dd Hours
i. Diagnost ic/Alert Code communication
j. Harsh driving events (i.e. hard stops, starts, cornering, etc.) K. Greenhouse Gas emissions
B.5 Contractor shall supply an initial
2,300 GPS units and all subsequent hardware units to be provided to County at no cost, including necessary hardware (cables, splitters, etc.)
B.6 Contractor shall provide system web based training and must be available for Guidance for installation, system set up and monitoring.
B. 7 Contractor agrees to Work with the County of San Bernardino to integrate with the following County software solutions
1. Chameleon software.
2. CCG Fleet Management Information System software .
3. EJ Ward fuel system software.
4. Voyage fuel card software.
5. ESRI GIS technology.
B.8 Contractor agrees to the following additional requirements
1. Billing on each unit should not start until that unit is placed in service (activated).
2. The County performs its own hardware installations. Installation Training shall be provided by vendor either by video tutorial, in person or both. Whichever option the County prefers.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference .
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.
C.4 Contract Exclusivity
This is not an exclus ive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services . The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder , each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise Revised 09/9/2019 Page 3 of 18
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'disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor's sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual ·to the County . Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum , have been performed within the preceding 12-month period. Contractor personnel who do not meet the County's hiring criteria, in County's sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner ; (b) comply with the policies , procedures , and rules of the County regarding health and safety , and personal , professional and ethical conduct ; (c) comply with the finance , accounting , banking , Internet, security, and/or other applicable standards , policies , practices , processes , procedures , and controls of the County ; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collect ively, "County Policies"). County Policies , and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility , electronic posting , or other means generally used by County to disseminate such information to its employees or contractors . Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contractor's employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.1 O Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as Generation Go! Career Pathways, involving the potential placement and hiring of interns by Contractor's business. Contractor is encou raged, and agrees to make good faith efforts, to Revised 09/9/2019 Page 4 of 18
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.utili;ze the County's program to aid the County's Vision for a skilled workforce and jobs that create countywide prosperity, and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County's objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce . When participating in the County's internship initiative, the Contractor remains an independent contractor and shall not be construed as agents, officers, or employees of the County. More information about the County's Generation Go! Career Pathways Program can be located at http://wp.sbcounty .gov/workforce/career -pathways/.
C.13 County Representative
The Fleet Management director, or his designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
C.14 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County's sole discretion.
C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration's System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.16 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment:
C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
C.16.2
C.16.3
Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive Revised 09/9/2019 Page 5 of 18
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wor-k place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.
C.17 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.18 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.19 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County's environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.20 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.21 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
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Cor.itractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.22 lnfonnal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.23 Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing".
C.27 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: ( 1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor's agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.28 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, Revised 09/9/2019 Page 7 of 18
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within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.29 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV-Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.30 Participation Clause
The County desires that Municipalities, School Districts, and other Tax Districts within the County of San Bernardino requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms of a resultant contract with such governmental bodies as though they have been expressly identified in this bid, with the provisions that:
C.30.1 Such governmental body does not have and will not have in force any other contract for like purchases.
C.30.2 Such governmental body does not have under consideration for award any other bids or quotations for like purchases.
Such governmental body shall make purchases directly through and to the Contractor. The County will not be liable for any such purchase made between the Contractor and another governmental body who avails themselves of this contract.
C.31 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor's personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (0MB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.34 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor's relationship with County may be made or used without prior written approval of the County.
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.C.35 Re!i)resentation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino.
C.36 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.37 Subcontracting
Contractor shall obtain County's written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County's request, Contractor shall provide information regarding the subcontractor's qualifications and a listing of a subcontractor's key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
37 .1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
37.2 Ensure that the subcontractor follows County's reporting formats and procedures as specified by County.
37.3 Include in the subcontractor's subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C. 38 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
C.40 Time of the Essence
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·Time is of the essence in performance of this Contract and of each of its provisions.
C.41 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District.
C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.43 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Executive Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.44 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses . Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm's business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Revised 09/9/2019 Page 10 of 18
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Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision "key employees" includes any individuals providing direct service to the County. "Key employees" do not include clerical personnel providing service at the firm's offices or locations.
C.45 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the County of San Bernardino as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.
D. TERM OF CONTRACT
This Contract is effective as of January 28, 2020 and expires January 27, 2025 but may be terminated earlier in accordance with provisions of this Contract.
E. COUNTY RESPONSIBILITIES
E.1 Contact 9ontractor with requests for GPS units and services as needed.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $2,000,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein Exhibit B, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem.
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F.2 Invoices must be submitted monthly directly to the Fleet Management Department within Thirty (30) days. Payment terms are Net 60.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F. 7 Contractor shall adhere to the County's Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1
Contractor will indemnify , defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services. If a credible claim is made or threatened, including without limitation the filing of a lawsuit against County, or County receives a demand or notice claiming actual or potential infringement or misappropriation of any Intellectual Property Rights, County will use reasonable efforts to notify Contractor promptly of such lawsuit, claim or election. However, County's failure to provide or delay in providing such notice will relieve Contractor of its obligations only if and to the extent that such delay or failure materially prejudices Consultant's ability to defend such lawsuit or claim. County will give Contractor sole control of the defense (with counsel reasonably acceptable to County) and settlement of such claim; provided that Contractor may not settle the claim or suit absent the written consent of County unless such settlement (a) includes a release of all claims pending against County, (b) contains no admission of liability or wrongdoing by County, and (c) imposes no obligations upon County other than an obligation to stop using the goods or services that are the subject of the claim. In the event that Contractor fails to or elects not to defend County against any claim for which County is entitled to indemnity by Contractor, then Contractor shall reimburse County for all reasonable attorneys' fees and expenses within thirty (30) days from date of invoice or debit memo from County. After thirty (30) days, County will be entitled to deduct any unpaid invoice or debit memo amount from any amounts owed by County to Contractor. This shall not apply to any judgment or settlement amount, which amounts County shall be entitled to notify, invoice or debit Contractor's account at any time; and County, at its sole discretion, may settle the claim or suit.
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•If, in Contractor's opinion, any goods or services become, or are likely to become, the subject of a claim of infringement of Intellectual Property Rights, Contractor may, at its option: (i) procure for County the right to continue using the goods or receiving the services; (ii) replace or modify the goods or services to be non-infringing, without incurring a material diminution in performance or function; or (iii) if neither of the foregoing is feasible, in the reasonable judgment of Contractor, County shall cease use of the goods or services upon written notice from Contractor, and Contractor shall provide County with a pro-rata refund of the unearned fees paid by County to Contractor for such goods or services.
G.2 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G. 7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
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• ,1n the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1
G.11.2
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Workers ' Compensation/Employer's Liability - A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
Commercial/General Liability Insurance - The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less
214
G.11.3
G.11.4
than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as reasonably requested to the extent directly related to the services and products being delivered to the County hereunder, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County. In no event shall Contractor be required to disclose any information or records which disclosure is prohibited by contract or law.
H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
1.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
1.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or Revised 09/9/2019 Page 15 of 18
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•, 'C. -Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "b" of this paragraph; and/or Terminate this Contract immediately e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
County of San Bernardino
Department of Fleet Management
210 N. Lena Road
San Bernardino, CA 902415
Forward Thinking Systems LLC.
575 Jericho Turnpike Ste.301
Jericho, NY 11753
Notice shall be deemed received when actually delivered to the addressed party (or the date upon which delivery was refused by an addressed party ..
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
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IN WITNESS WHEREOF, the County of San Bernardino and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
COUNTY OF SAN BERNARDINO
►
Curt Hagman,
Dated : ---- ---------- - -SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HA ~iilllillii\~ THE
CHAIRMAN OF
By
FOR COUNTY USE ONLY
FORWARD THINKING SYSTEMS LLC.
(Print or type name of co ration, company, contractor, etc.) By ► .B- c: ~
(Authorized signature - sign in blue ink)
Name .LJ fJ\, v,J_ :C,J(tJ
(Print or type name of person signing contract)
Title
Dated:
Address .S 7-A
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(Print or Type)
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Reviewed for Contract Compliance
►
Reviewed/Approved by Department
►
Date Date ------------ ------------
Revised 09/9/2019 Page 17 of 18
217
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Revised 09/9/2019 Page 18 of 18
218
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Warranty
San Bernadina County
Request for Proposal -VHS120-FL000-3546 Procurement of GPS Units and Monitoring Services October 29th, 2019
As an expression of confidence in our products to continue meeting the high standard of reliability and performance that our customers have come to expect, FTS products are covered by the following warranty:
FTS warrants all products against defects in materials and workmanship for a period of the contract.
During the warranty period FTS provides the warranty service. FTS will, at its option, either repair or replace products which prove to be defective.
The Customer shall prepay shipping charges for products returned to FTS for warranty service and FTS shall pay for return of products to Customer. However, the Customer shall pay all shipping charges, duties, and taxes for products returned to FTS from outside the United States.
This warranty shall not apply to damage resulting from:
• Improper or inadequate maintenance by the Customer
• Customer-supplied interfacing
• Unauthorized modification or misuse
• Operation outside of the product environmental specifications • Improper installation, where applicable
No other warranty is expressed or implied. FTS specifically disclaims the implied warranties of merchantability and fitness for a particular' purpose. Remedies provided herein are Customer's sole and exclusive remedies. FTS shall not be liable for any direct, indirect, special incidental, or consequential damages, whether based on contract, tort, or any other legal theory.
RFP VHS120-FL000-3546 7
219
San Bemadino County
Request for Proposal -VHS120-FL000-3546 Procurement of GPS Units and Monitoring Services October 29th, 2019
ATTACHMENT E - COST
ATTACHMENT "E" SCHEDULE OF UNIT PRICING BID FORM PROCUREMENT OF GPS
UNITS AND MONITORING SERVICES
VENDORS PLEASE FILL IN GREEN HIGHLIGHTED COLUMNS
PLEASE INPUT PRICING PER ITEM. QUANTITIES ARE ESTIMATES ONLY. THE COUNTY
RESERVES THE RIGHT TO ORDER MORE, LESS OR NONE OF THE QUANTITIES LISTED BELOW.
ITEM# DESCRIPTION ESTIMATED UNIT COST PER
UNITS EACH
1 GPS UNIT PER SPECIFICATIONS 2500 $INCLUDED
2 MONTHLY MONITORING SERVICE 2500 $ 13.10
TOTAL UNITS 2500 s
3 INSTALLATION TRAINING: Per Day
GRAND TOTAL
Do not Include sales taxes In your bid.
Manufacture/Model Number Calamp 3030 LTE, ATrack AK11, ATrack AL 11 Warranty Coverages_ For the length of the Agreement
Estimated Delivery _1_2/_3_0/_2_0_19 ______ days ARO
Company Name Forward Thinking Systems, LLC
Address 575 Jericho Turnpike, Ste. 301, Jericho NY 11753 Company Contact_D_a_v_id_l_sl_er ______________ _
Phone No. ( 516 )_6_29_-4_9_1_8 ________ _
E-Mail david.isler~m
Signature_2}=---~~-==-~----------------
TOTAL
$INCLUDED
$ 32,750.00
3-2.750.00
$ 500.00
$ 33.2'0.00
Plaase provide a copy of your company's current W9 If you have not done business with the County in the past 12 months. - SEE NEXT PAGE
RFP VHS120-FL000-3546 34
220
Prepared By: Alf Alvarez
Senior Business Development ManagerTitle:
[email protected]:
(214) 727-3798Phone:
Billing Information
8353 Sierra Ave
Fontana, CA, 92335
Shipping Information
8353 Sierra Ave
Fontana, CA, 92335
Account Name: City of Fontana
-Tax ID:
Stephen PendletonContact Name:
(909) 350-6564Phone:
[email protected]:
-Title:
Contract Length: 60 Months
$ 6,314.20Monthly Recurring Charge:
$ 378,852.00Total Term Cost:
$ 0.00Total One-Time Equipment Fees:
$ 0.00Balance Due At Signing:
Quote Number: Q-358868
New SaleType:
PurchaseDeal Type:
NoneLeasing Company:
October 11, 2021 12:01:02 PMDate Created:
Document Information
Payment Information
Customer Information
Customer Address Information
FTS Sales Contact Information
221
Printed by: Alf AlvarezPrint Date: January 12, 2022 06:33:02 PM GMT
Product Information
Product Qty Sales
Price
Monthly Recurring
Charge
Net Equipment
Price
Total One Time
Fees
ST4500
ST4500 OBDII Cat-M Vehicle Tracker 356 $ 0.00 $ 0.00 $ 0.00 $ 0.00
INTELLIHUB
SaaS: Intellihub 406 $ 13.10 $ 5,318.60 $ 0.00 $ 0.00
4C720
Cables & Wiring: OBDII Splitter Cable 356 $ 0.00 $ 0.00 $ 0.00 $ 0.00 FTSDATA-ASSET-M1
Cellular Data: M1 Asset Tracker 406 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Atrack AS11 Bundle
Asset Tracker with Rechargeable Battery Atrack
AS11 Bundle
64 $ 0.00 $ 0.00 $ 0.00 $ 0.00
PAS11-MXNXB-ATA2
Asset Tracker with Rechargeable Battery Atrack
AS11
64 $ 0.00 $ 0.00 $ 0.00 $ 0.00
INTELLIHUB
SaaS: Intellihub 64 $ 13.10 $ 838.40 $ 0.00 $ 0.00
AS11IOH
AS11 Power Input/Output Cable 64 $ 0.00 $ 0.00 $ 0.00 $ 0.00
FTSDATA-ASSET
Cellular Data: Asset Trackers Low Use (~1MB) 64 $ 0.00 $ 0.00 $ 0.00 $ 0.00
BESOL-ATT
BeSol Asset Tracker IP67 solar powered
rechargeable battery
50 $ 0.00 $ 0.00 $ 0.00 $ 0.00
Atrack AK11
IntelliHub AK11 Tracking Bundle 12 $ 0.00 $ 0.00 $ 0.00 $ 0.00 PAK11-LXNCB-AT02
Plug & Play or Hardwire Atrack AK11 12 $ 0.00 $ 0.00 $ 0.00 $ 0.00
INTELLIHUB
SaaS: Intellihub 12 $ 13.10 $ 157.20 $ 0.00 $ 0.00
FTSDATA-TRACKING
Cellular Data: Standard GPS (~5MB) 12 $ 0.00 $ 0.00 $ 0.00 $ 0.00 AC01-0055
Cables & Wiring: AK11 J1939 Type 2 12 $ 0.00 $ 0.00 $ 0.00 $ 0.00
FTS-SPLITTER-JBUS
Cables & Wiring: JBUS Splitter Cable 12 $ 0.00 $ 0.00 $ 0.00 $ 0.00 AC01-0056
Cables & Wiring: AK11 j1708 3 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total: $ 6,314.20 $ 0.00
222
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1163 Agenda Date: 2/22/2022
Agenda #: A. Category: New Business
FROM:
City Clerk
SUBJECT:
Process for Filling the Elected City Clerk Vacancy
RECOMMENDATION:
Staff recommends that the City Council take one of the following actions:
1. Direct City staff to bring back a Resolution calling a Special Election to fill the City Clerk vacancy; or
2. Direct City staff to open up an application period for persons interested in being appointed to fill the City Clerk seat until the upcoming General Municipal Election scheduled for November 8, 2022, and provide direction on the interview process that the Council would like to utilize to select and appoint; or
3. Vote to appoint a qualified individual to fill the City Clerk seat until the upcoming General Municipal Election scheduled for November 8, 2022.
COUNCIL GOALS:
· To increase citizen involvement by developing future leaders.
DISCUSSION:
The recent retirement of City Clerk Tonia Lewis creates a vacancy as the Elected City Clerk.
Government Code section 36512 provides that when an elected official vacancy occurs, there are two options for filling the vacancy. The City Council must decide which option it will take within 60 days of the commencement of the vacancy.
There is no specific process required by law to select a person to appoint to the position. However, the person must be qualified to hold the seat (i.e., 18 years old, registered voter in San Bernardino County, and a Fontana resident).
Option 1: Call a special election to fill the vacancy within the 60 day period. The election must occur at the next regularly established election date that is not less that 114 days from the date the special election is called. This would result in either consolidating with San Bernardino County’supcoming Primary Election of June 7, 2022. The person elected would fill the remainder of the term, ending in December 2022. The seat would remain vacant until the special election is held and the election results are certified.
Option 2: Direct City staff to open an application period for persons interested in being appointed to City of Fontana Printed on 2/17/2022Page 1 of 2
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File #: 21-1163 Agenda Date: 2/22/2022
Agenda #: A. Category: New Business
Option 2: Direct City staff to open an application period for persons interested in being appointed to fill the City Clerk seat until the November 8, 2022 election results are certified.
Option 3: Forego an application process and vote to appoint a qualified individual for the remainder of the current term (through December 2022) and then hold an election to fill the seat at the next regular municipal election in November 2022. At that election, the voters would select an individual to serve as the Elected City Clerk.
If the City selects Option 2, the City Council would need to provide direction on the process it would like to use to select an appointee.
FISCAL IMPACT:
Under Option 1, the San Bernardino County Registrar of Voters has yet to provide an estimate for a special election for June 2022. The likely range from $60,000 to $200,000.
Under either Option 2 or 3, there will be no additional cost, as the City will incur costs for the General Election.
MOTION:
Staff recommends that the City Council take action on one of the three Options.
City of Fontana Printed on 2/17/2022Page 2 of 2
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