1. 2.
Name of Firm Alliance Building Solutions, Inc.
Address 12520 High Bluff Drive, Suite 345, San Diego, CA 92130 Email Alliance-usa.com
Telephone (858) 900- 5305
Fax (858) 356- 9651
Name of
Contact Brad Chapman
Address 12520 High Bluff Drive, Suite 345, San Diego, CA 92130 Email [email protected]
Telephone (858) 900- 5305
368
3. Growing from an initial
staff of five in 1964 focusing on
warranty work and HVAC service
calls, Alliance Companies, Inc.
(ABS) has gone from a small
mechanical contractor to a leader
in energy infrastructure solutions
within the public sector in
California. Alliance contracts with
public agencies throughout the
state, within the municipal and
educational sectors. Through
offering a design-build / turnkey
approach, ABS strives to create
successful and effective energy projects, becoming a long-term energy partner with all our customers.
In this relationship-driven industry, success also relies on customer satisfaction and longterm relationships with clients and industry professionals. For nearly half a century, our experienced team of executives, project managers, mechanical engineers, estimators, technicians, and installers have been delivering quality energy solutions to satisfied clients throughout California.
Throughout this pandemic ABS has continued to deliver COVID-19 disinfection solutions to public agencies throughout the state. Through our partnership with WellAir and Uhoo, our firm has been granted distribution rights and is the authorized dealer for the WellAir Protect 900/Protect 200 and Uhoo Aura Technology for California and the West Coast. Thus, any company or agency looking to acquire this innovative technology on the West Coast will have to purchase it through our firm. This groundbreaking technology allows the City to provide continuous disinfection while occupants are in the room, while delivering the highest level of sanitation available on the market today.
Alliance has worked with a wide range of agencies throughout the state on implementing effective disinfection strategies with effective multi layered solutions, ranging from viral disinfection to real time indoor air quality monitoring. To date, Alliance has executed roughly $51M+ in projects, entailing some type of disinfection or indoor air quality related measures. In addition to these projects, we believe that we are best positioned to be selected for this project with the City of Fontana already being an existing customer. 369
Our firm has already completed 3 phases of work with the City totaling over $10M in successful projects. Through this experience in working with various City facility/maintenance, billing, finance, and legal staff, we are well versed in all the various items below:
• Points of contacts for all various departments included in a project implementation • Aware of all finance and billing dynamics associated with the invoicing process • Familiar with all facility and maintenance staff that will be working hand in hand with our team to provide site access and assist with the installation dynamics • Have already worked with the City’s legal team in executing multiple contracts • Aware of all City codes, compliances, requirements, and other agency specific aspects relating to completing a successful project
Our strategic partner WellAir has solidified themselves as an industry leader in the sanitation space, specializing in disinfection research and technologies with over 71+ third party studies. Over the last twelve (12) years WellAir has brought to market several different disinfection products, leveraging various patented technologies and prestigious accreditations and accolades from industry specific organizations. WellAir has been offering medical-grade remedies for an international issue—unhealthy indoor air—for more than ten years. Numerous viral ailments, bacterial infections, asthma, allergies, and a variety of chronic health conditions are all caused by indoor air. “By reducing the viruses and chemicals that cause illness, we make indoor places safer. People can live, work, and play without anxiety thanks to our cutting-edge disinfection solutions for indoor air and surfaces, offering peace of mind.” We adopted a fundamentally new approach to air disinfection under the leadership of a committed and highly skilled team of scientists, which resulted in the transformational discovery of NanoStrikeTM, the distinctive, patented technology at the heart of all current WellAir portable air disinfection devices. All airborne germs are instantly rendered inactive by this nanotechnology. Our continued efforts to guarantee the health and safety of people in the built environment are based on our family of solutions, which includes air purification and surface disinfection products. Products that have received FDA clearance are part of WellAir's expanding portfolio of medical-grade solutions, which help safeguard indoor environments in more than 60 nations. 370
Although healthcare is the core of our business, we also have a strong presence in the commercial, educational, hotel, entertainment, and residential sectors. At WellAir, we firmly believe that it is our responsibility to create cleaner indoor settings so that the people we affect can continue living their best lives free from concern for what might be in the air.
WellAir’s experience and qualifications are solidified within their Medical Advisory Board, whose mission is to develop, educate, and support innovation in a multi-disciplinary approach to improve the healthiness of indoor environments. The board is comprised of a diverse group of top public health, environmental, and medical experts. The WellAir MAB will research and advise on indoor air and surface quality advancements, with a focus on improving respiratory, immunological, oncological, and general public health outcomes.
WellAir Medical Advisory Board
Board Chair
Regina Benjamin, MD, MBA
18th US Surgeon General From 2009 until 2013, Dr. Benjamin, a former vice admiral in the U.S.
Public Health Service Commissioned Corps, served as the country's 18th surgeon general. She also held the position of chair of the National Prevention Council, which was composed of 17 cabinet-level federal departments and formulated the U.S. health policy. She is the founder and CEO of the Gulf States Health Policy Center as well as Bayou Clinic, Inc., a nonprofit primary care medical facility in Bayou La Batre, Alabama. She is not just an operating partner at Revival Healthcare Capital but also performs clinical duties.
Board Member
David J. Weber, MD, MPH
Medical Directory, Department of Infection Prevention, UNC Medical Center Associate Chief Medical Officer, UNC Medical Center.
World known expert in the treatment of infectious diseases, Dr. David J. Weber. He holds academic positions at the University of North Carolina (UNC) School of Medicine as the Charles Addison and Elizabeth Ann Sanders Distinguished Professor of Medicine and Pediatrics and Professor of Epidemiology in the UNC Gillings School of Global Public Health. He also serves as 371 Associate Chief Medical Officer for the UNC Medical Center and as Medical Director of the Department of Infection Prevention at the UNC Medical Center.
PubMed lists Dr. Weber as an author in over 440 scientific publications.
Board Member
Daniel E Dawes, JD
Executive Director, Satcher Health Leadership Institute Morehouse School of Medicine
Daniel E. Dawes, JD, is the Executive Director of the Satcher Health Leadership Institute and is a professor in the Department of Community Health and Preventive Medicine at Morehouse School of Medicine. His passion for addressing disparate health outcomes is exemplified in his unyielding commitment to building collaboratives, including the United States Department of Health and Human Services grant-funded National COVID-19 Resiliency Network, the Health Equity Leadership & Exchange Network, and the Health Equity Tracker, which all exist to leverage evidence-based research, data, and solutions to advance health equity. A globally respected leader in the advancement of health equity, Professor Dawes is the recipient of several national awards. These include the American Public Health Association's Award for Significant Contributions to Public Health, the Centers for Disease Control and Prevention's Health Equity Champion Award, and the National Medical Association’s Louis Stokes Health Policy Award.
Board Member
Thomas Caranosos, MD
Director, Adult Cardiac Surgery, UNC School of Medicine Medical Director, Transcatheter Aortic Valve Replacement Program, UNC School of Medicine Dr. Thomas Caranasos is an adult cardiac and thoracic surgeon at the University of North Carolina (UNC) School of Medicine. His expertise includes heart and lung transplantation, ventricular assist device implantation, and minimally invasive approaches to cardiac surgery. In addition to his role of Director of Adult Cardiac Surgery and Assistant Professor of Surgery, Dr.
Caranasos leads the structural heart program focusing on transcatheter aortic valve replacement.
372
uHoo Qualifications
uHoo was founded by a
team of innovators who share a
passion for technology, health,
and the enviornment. Frustrated
by the poor indoor air quality
conditions in office and
educational buildings , Dustin
Onghaseng and Brian Lin who
both studied at Hong Kong
University of Science and
Technology decided to build the uHoo. The worlds most comrehensive indoor air quality sensor on the market with the only patented Virus Index technology . They knew that the only way to make calculated progress towards healthier and cleaner air was to be able to quantify and measure the air. The uhoo allows you to see the air you breathe. uHoo’s mission is to help you take control and invoke proactive actions by helping you monitor and manage your air quality to reduce deaths and improve lives, health, well-being globally. uHoo has been introduced in over 40 countries and is being used by ten of thousands of people in commercial, residential and governemnt agencies worldwide. With numerous amout of case studies that prove the uHoo helps you manage and take actionable steps towards your air, but in addition also reduce cost by identifying and addressing air quality issues immediately to reduce staff or employee complaints, increase productivity, and prevent wear and tear on your equipment. The uHoo Aura can connect with your buildings HVAC systems to automatically control and manage your heating, cooling, ventilation, and fresh air system to “enhance comfort and safety while optimizing energy efficiency; thereby creating a smarter and healthier building and office envionrment.”
373
Our Takeaway
Here at Alliance, we believe it is
time for a shared responsibility to make
every indoor space cleaner and safer. Air
quality experts and scientists have long
known that indoor air is rarely free from
pollutants, harmful chemicals, gases,
pathogens, and other contaminants. It’s
time to recognize that poor air quality has
been ignored or accepted for too long.
We believe that it is the responsibility of
owners, architects, engineers, builders,
and municipalities to make indoor air safe
for everyone. Our mission is to deliver
solutions that can provide for the highest
level of indoor air quality. Our team is
dedicated to continued innovations on
science-based technologies proven to remove harmful contaminants from indoor spaces - even when poor ventilation - or no ventilation exists in that space.
Our organizational goal is to protect each market segment across the world, using multiple technologies, to remove harmful contaminants from the air. Facilities and buildings can now be monitored (and managed) using special sensors that can detect the presence of harmful contaminants, allowing for a proactive approach to address your agencies COVID-19 disinfection strategy. While other methods of disinfection are important, it is our mission to provide a primary layer of protection in any space, using the WellAir and uHoo solutions. These primary solutions can be trusted to watch over room occupants, cleaning, purifying, and monitoring room air, regardless of other solutions that may be in place.
It is our further mission to educate and inform public, private, and regulatory constituents about the importance of air quality and their responsibility to protect the public in all indoor spaces. We believe that every person has the right to better air quality. That no one should be exposed to contaminants that can impair cognitive function, transmit infections, or cause chronic or permanent diseases - such as obesity, cancer, heart disease, neurological degeneration, and many others. The time has come when we can no longer ignore or accept poor indoor air quality and the effect it has on all of us - on our health, safety, and well-being. 374
Product Overviews
WellAir has been at the forefront of one of the biggest and most important global issues; unhealthy indoor air. For over a decade WellAir has been led by an admirable and highly
esteemed team of scientists who took a fundamentally different approach to air disinfection, which led to the inception of the patented NanoStrike technology. This nanotechnology was created to inactivate all airborne microorganisms on contact providing the first line of protection against all viruses, bacteria, VOC, mold spores, and pollen. The NanoStrike technology captures a range of physical concurrent pathogen inactivation processes to safely disinfect the air. NanoStrike coils provide a powerful strike that works to burst airborne pathogen cells rapidly inactivating them, helping to ensure they are no longer a threat of infection.
The WellAir Protect 900 contains
a dual speed fan with two NanoStrike
coils on each side. The contaminated
air is brought in through the top and
bottom of the device and
contaminants in the air are rapidly and
safely inactivated in sub seconds at the
DNA level by the two NanoStrike coils.
The technology has been proven to be
effective with molecules as small as
1nm. Clean purified air is recycled back
into the room. Providing continuous
disinfection this unit is extremely quiet
compared to other purification
technologies. In addition to being the
leader in lowest cost of ownership due
to its ultra-low energy consumption,
the Protect 90 has no installation cost
just simply plug into a standard outlet
and turn on, while customers enjoy the
benefit of no ongoing maintenance or
replacement parts. The Protect 900 having no functional degradation, has tested, and proved consistent out-of-box performance throughout its entire operating life. 375
This patented technology can be used around people of all ages including the most vulnerable due to its powerful yet gentle process. The team behind WellAir Protect 900 can stand firmly behind their technology as it has been tested and proven effective in over 71 independent studies. The Protect 900 has passed controlled and variable environments confirming the inactivation of all pathogens guaranteeing no future antimicrobial resistance. To learn more about the independent studies please visit WellAir Technology Independent Studies. Protecting indoor environments in over 60 countries, WellAir has established itself in a vast number of industries but having its foundation in the medical field safeguarding the most vulnerable environments while also addressing the commercial, educational, residential, hospitality, entertainment, and public sector.
The uHoo Aura is the
best-in-class commercial
environment monitor. The
Aura is the most
comprehensive environment
monitor measuring 13 – 15
different environmental
factors (Temperature,
humidity, carbon dioxide,
carbon monoxide, chemicals
(vocs), PM 10, PM 4, PM 2.5,
PM 1, Formaldehyde, air
pressure, light, and sound).
Being recently recognized as
one of the Cities of the
Future – Urban Innovation
Champions of 2022 we have realized how important it is to have the capability of monitoring your indoor air to prevent and reduce the risk of disease outbreaks such as COVID -19. With the uHoo Aura’s real time data and building integration occupants can be empowered to make better decisions in creating a safer and healthier workplace. Uhoo has the only patented real time assessment of coronavirus risk using its Virus Index. The uHoo Virus Index utilizes AIpowered insights based on scientific research to provide real time risk assessments of the coronavirus surviving and becoming transmittable in the air. With this information you would know which specific actions to take to reduce your coronavirus risk. 376
Based on a comprehensive analysis of multiple air quality factors – temperature, relative humidity, particulate matter of varying sizes, nitrogen dioxide, and carbon dioxide. The Uhoo Virus Index calculates safety thresholds based on scientific research conducted by organizations including the World Health Organization (WHO), the Occupations Safety and Health Administration and other scientific publications conducted by various scientist and universities.
Advanced analytics and proprietary uHoo IndicesTM provide valuable insights on trends and patterns, allowing owners to easily identify events that may have caused air quality issues in the past, allowing them to be avoided in the future; owners can make informed decisions to ensure health, safety, and well-being. The capability to share data is also beneficial for organizations seeking sustainability and green building certifications, as well as giving customers, employees, and building occupants with confidence and peace of mind. 377
B: WORK PLAN
1. Project Team Bios
Brad Chapman – President
As the President of Alliance Building Solutions, Inc., Mr.
Chapman has complete responsibility for both Sales and
Operations for the entire Energy Services and Indoor Air Quality Business. With nearly 20 years of experience in the Energy Services industry, Mr. Chapman leads California
and provides the strategic direction for the Division
including alliances and teaming agreements with strategic partners. Mr. Chapman is intimately involved with legislative developments in Sacramento assuring best interest of public agencies are served at the state and regulatory level.
For the last 5 years, Mr. Chapman has served as executive in charge of more than $120M in comprehensive energy conservation projects in California as well for being responsible for more Prop 39 CEC approved projects than any other in this space. Mr. Chapman is an expert in working side-by-side with the staff to create a plan custom to each agency’s needs.
Starting as a Sales Executive with Bosch in 1992, he was promoted through the organization to Western Region General Manager for Bosch’s Factory Automation Group. Mr. Chapman was hired by Climatec Building Technologies Group in 2008 to start the Energy Services Division. Mr. Chapman helped grow that group to a $65mm division in his 6 years when Climatec sold to Bosch. Mr. Chapman is now the Co-Founder of Alliance Building Solutions, Inc., a leading provider of energy services performance contracting in California.
378
Robert Bloss – Sr. Project Manager
As the Senior Project Manager for Alliance, Robby is responsible for the overall direction, coordination, implementation, execution, control, and completion of the project, ensuring consistency with company strategy, commitments, and goals.
In addition, Mr. Bloss is the lead in planning and implementation of the project. He defines the project tasks and develops full scale project plans. He schedules project timelines with all subcontractors and provides quality assurance to the customer. Mr.
Bloss continuously monitors and reports on progress of the project to all parties.
Mr. Bloss will continuously be onsite during project implementation, working hand-in-hand with facility staff and team members.
Graduating from Universal Technical Institute in 1989, Mr. Bloss has over 25 years of experience in the electrical and HVAC field.
Staring his career at Sears Roebuck in 1989 as a service tech and promoted to senior A/C tech in 6months he continued to be a senior tech until 1993.
Mr. Bloss then furthered his career with Burlington North and Santa Fe Railway (BNSF) as a pipeline operator and field tech in 1993-1997.
He was offered a job with OTIS Elevator Company that lead to Mr. Bloss eventually becoming a become a Supervisor for OTIS Elevator in the LA area where he over saw 11 techs for 8yrs before transferring over to the Anaheim Office to become the Operation Manager for the remaining of the 6yrs. Robby oversaw the labor and material for 24 techs and over 3,100 elevators and escalators. Mr. Bloss worked with OTIS for a total of 25yrs.
Mr. Bloss primary role for the project is to work closely with all team members and facility staff to ensure a smooth project implementation and a successful project completion.
379
Jerry Gallegos – Field Project Manager
As Project Manager of Alliance Electrical Systems Inc., Jerry Gallego is responsible for the overall management of the public electrical projects. Jerry collaborates
closely with the general contractor and the customer
project team to ensure the project is performed safely, on time, and on budget. He is experienced managing multiple projects with budgets more than $20 million.
Jerry is a project manager with over 10 years’ experience as well as a journeyman electrician. His career’s primary focus is on the energy service industry. A strong leader who builds his team with training and efficient implementation processes. Jerry worked with some of the largest energy service companies throughout California. Along with project management he is closely involved in the predevelopment process including site audits, planning, budgeting, and procurement of the most innovative energy savings technology available.
With a diverse hands-on experience in sports lighting, transformers, solar, electrical vehicle charging stations, indoor air purification systems, and LED lighting retrofits, Jerry is skilled at finding solutions to help our customer solve their electrical challenges.
380
Cody Renwick – Superintendent
As Superintendent of Alliance Electrical Systems Inc.,
Cody Renwick is responsible for the direct oversight and coordination of electrical crews as they perform the
installation and implementation of energy saving
measures ranging from lighting upgrades to
transformers, controls and solar. He also collaborates
closely with client project management teams to
coordinate day to day operations in the field. With over 10 years’ experience in the Energy Service industry and being a state licensed Journeyman Electrician, he has also obtained certifications in HVAC, EPA, BPI, OSHA, EVITP, and various Equipment Operator Certifications.
After completing his electrical training at Ashworth College, Cody was employed by CRE in 2008, and applied his knowledge and training to become an integrated diagnostics electrician for industrial equipment serving the refinishing and aerospace industries. Following his promotion to department manager, Cody managed contracts and service agreements with industry leaders such as Raytheon, SpaceX, Northrup Grumman, and government agencies including the Border Patrol and City of San Diego. After growing CRE into San Diego’s most renown service and repair contractor in Southern California, Cody transitioned into Energy Services in 2011 as a technician with Synergy Companies. Once promoted to Quality Production Manager, Cody was responsible for quality control, as well as training technicians on how to employ the latest lighting, electrical, and HVAC measures available to the industry. Today, Mr. Renwick operates as Superintendent for Alliance Electrical Systems, partnering with the leading energy services performance contractor in California as he continues to pursue the implementation of the most innovative energy savings technology available.
381
David Wilson – Sr. VP of Sales [WellAir]
David Wilson is the Senior Vice President and
General Manager of WellAir. He brings 20 years
of technology, medical device, and executive
leadership experience. Throughout his career,
David has focused on building products and
solutions that solve every day healthcare
problems.
At WellAir, David is responsible for leading the company’s education and municipality verticals focused on supporting partnerships for our industry-leading line of portable air disinfection devices. Prior to joining WellAir, David held multiple executive leadership positions at Sun-Med Holdings (formerly Salter Labs), a global medical device company focused on airway management devices. He joined the company in 2003 and was promoted to CEO in 2009. While at SunMed, David played an integral role in developing the industry’s leading airway management and respiratory equipment product lines, bringing physician-developed technologies to the US and European markets. 382
Excell Chua – Director of Development [uHoo]
Excell Chua is the Global Sales Director of uHoo.
One of her main duties is to develop and maintain
strong business relationships with partners in global
markets for uHoo’s entire range of indoor air quality
solutions. Excell brings with her more than 20 years of solid sales & marketing track record gained from real estate, media, IT and Telco sectors in Southeast Asia.
Excell is directly in charge of overseeing the software and hardware development within all of uHoos production including overseeing dynamics within the installation and commissioning. For this project Execel has prepared a team of her experts that will be designated for the City to ensure a streamline and effective implementation.
Excell believes that companies should pay more attention to the health and wellbeing of their building occupants because people are productive when they are healthy and it all starts from seeing and understanding the air that they breathe. 383
2. The installation of this project will be
subcontracted out to Alliance Electrical Solutions
(AES), who is under the Alliance Companies
umbrella. AES is the electrical division within
Alliance that will provide turnkey implementation
services for this entire project. With over
combined 40 years of expertise and experience
self-performing all lighting and electrical work
translates to additional savings for the Customer.
AES holds its C-10 license.
The installation of the WellAir is very
straightforward and with the expertise of AES it
will have a very quick and streamlined process.
The same representatives mentioned above in
the previous section will be the main
representatives managing the installation
process including Jerry Gallego as the Field
Manager and Robby Bloss as the Senior Project
Manager and Cody Renwick as the Superintendent (for credentials please see above section B1). AES will run the install operations for both the WellAir and uHoo devices. The Protect 900 is wall mountable and only requires two anchors to be fixed on the wall, the device is then mounted onto the anchors. The uHoo Aura installation is dependent on the Cities I.T. infrastructure. AES will work closely with staff to provide the city all the proper support for a streamlines and seamless implementation of the devices.
C: SCHEDULE
The City of Fontana will be introduced to the project management team early in the project development process. The involvement, communication, and coordination between the project management team and City staff plays a vital role in a successful project implementation. The lead project manager will be involved in the entire project development and engineering process, including all preliminary meetings and site walks. This early involvement enables the project manager to have a thorough understanding of the City’s needs, scope specifications, timeline deadlines, staff preferences, and overall project implementation goals to ensure a very smooth and effective transition into project installation. 384
Once a scope is finalized and contracts have been executed, a project kick-off meeting will be held to begin the installation process. This will entail the following:
• Exchange of contact information kick-off meeting between city officials and ABS project management team
• Obtain site access information
o Keys
o Access Cars
o Operational Hours
• Gather additional site information
o Blueprints/Facility Layouts
o Fire-alarm Layouts
• Schedule final analysis site walks
Following kick-off meeting, ABS will schedule a final site walk with all subcontractors to confirm equipment/unit count specifications, equipment locations, and equipment details such as voltage, size, etc.
Project Implementation
The ABS implementation is approached in the outline below to guarantee a quality on time delivery with negligible disruptions to staff:
Program Plan
o Our team of experts will organize a master program that is coauthored with City staff that will put forth the best program at the most competitive costs with quick, quality, on time delivery.
Program Direction
o ABS will meet with City staff and outline essential roles, safety prerequisites, Code of Conduct principles, scope requirements, site access procedures, communication process’ and final schedules.
Program Implementation
o The ABS will work thoroughly with the implementation team to guarantee a smooth delivery. The execution is extremely important to ABS so we are dedicating Robby Bloss (principal) as the lead Project Manager who will be on site weekly and function as the Cities single point of contact. 385
Pre-Commissioning
o This will begin during the implementation as the measures are being installed. Start-up documentation is used as well as manual visual inspection to ensure proper operation. All manufacture guidelines are followed for calibration and tuning and will be verified.
Final Commissioning
o All unit performances will be verified monitored and recorded.
Project Scheduling
The City of Fontana will be provided with an installation schedule, also referred to as a Gantt Chart. This is the equipment installation breakout that will outline when each measure will be installed and at what sites. Here all installation deadlines and timelines will be provided. Any requested milestones or target completion dates from City staff will be incorporated in our implementation schedule. ABS will heavily coordinate with staff to fully understand and facility staffing schedules, facility hours of operation, holidays and other calendar items, along with any other simultaneous projects in order to create the most effective and efficient installation timeline.
Sample Schedule of Values
Sample Implementation Schedule
386
Following the commencement of project installation, the project management team will hold update meetings. These update meetings can be held in time increments in accordance with the City’s discretion. These update meetings will involve short and long-term deadline progress reports, addressing any issues that arise since the previous meeting, clarification on any equipment installation specifications, and to give general project feedback. The project manager will be continuously on site throughout project installation with extensive oversight throughout all operations sitewide. In addition to a Gannt Chart, a schedule of values will be provided. The schedule of values will provide the City with a full breakdown of all project billings and invoices that will be submitted throughout the progression of project completion, correlating with the installation schedule. The schedule will entail the billing dollar amounts, projected dates that billings will be received, along with detailed descriptions of how many items are included in each submission.
Our internal account management, engineering, and project management teams are constantly reviewing and coordinating through every process from start to finish, assuring smooth transitions between stated project milestones.
387
D: REFERENCE
City of Fresno
Name of Organization
o City of Fresno
Mailing Address
o 2600 Fresno St, Fresno CA 93721
Name of Contact
o Ann Kloose
Telephone
o 559.621.2489
Email
o [email protected]
Stockton Unified School District
Name of Organization
o Stockton Unified School District
Mailing Address
o 56 South Lincoln Street, Stockton CA
92503
Name of Contact
o Anthony Silva
Telephone
o 209.933.7000
388
City of El Monte
Name of Organization
o City of El Monte
Mailing Address
o 11333 Valley Boulevard, El Monte CA 91731
Name of Contact
o Jessica Ancona
Telephone
o 626.453.3612
Email
o [email protected]
389
E: PRICING AMOUNT
*Sales tax already included in pricing
*Pricing is valid for 60 days
Item Brand Model Quantity Cost
1. WellAir Protect 900 325 $659,750
2. WellAir Protect 200 325 $316,875
3. WellAir Desk Stand 200 $59,600
4. uHoo Aura 650 $776,750
5. Installation
WellAir Protect 900 125 $18,750
6. Installation
Aura Aura 650
Price dependent on
customers IT
equipment/
requirements
390
APPENDICES – PRODUCT SPECIFICATION SHEETS AND TECHNOLOGY
INFORMATION
The following pages entail
product specifications on
all related projects called
for in this solicitation
391
MODEL
WellAir Protect 900
Wall mountable, countertop or
stand-alone unit supplied with
6.6 ft power cord
ELECTRICAL RATING
Single Phase, 100 - 120 VAC,
60 Hz
Fuse Rated at 120 VAC, 3
Amps, Listed
POWER CONSUMPTION
Maximum 14W
CONSTRUCTION + COLOR
Precision-cut fabricated metal
casing in a silver anti-bacterial
powder coat finish
DIMENSIONS + WEIGHT
14.4" (h) × 14.4" (w) × 4.5" (d)
(36.6 × 36.6 × 11.4 cm)
Approx. 10.4 lbs (4.7 kg)
ELECTRICAL CONNECTION
Switched and fused with a
grounded, molded power cord
FAN AIR FLOW VOLUME
Speed I = 129 CFM
Speed II = 153 CFM
NOISE LEVEL
Speed I = 40 dB
Speed II = 45 dB
OPERATING CONDITIONS
50 – 95 °F (10 – 35 °C)
10-75% Relative Humidity
SHIPPING / STORAGE
CONDITIONS
41 – 122 °F (5 – 50 °C)
Maximum 95% Relative
Humidity
QUALITY & SAFETY
Manufactured under ISO 9001,
ISO 14001 & OHSAS 18001
UL867 - Safety for Electrostatic
Air Cleaners
cUL
IEC 60601-1
IEC 60601-1-2
TM
Protected by
WA-POR-US-SP-002-Protect-900
©2021 WellAir
TM
Protect 900 with Stand
The WellAir Protect 900 is a medical-grade, airborne infection control device that inactivates aerosolized viruses, bacteria, mold spores and pollen within the breathing zone. Easy to use, flexible in positioning, and quiet in operation, the portable device provides the safest and most cost-effective airborne pathogen protection in a continuous manner to people in small-to-medium sized rooms or within the occupied spaces of larger rooms. The device uses two NanoStrike™ coils with a dual-speed fan. It can be deployed using one of our specially designed stands.
Protect
900
ALLIANCE-USA.COM
392
10year useful Life /
3 year warranty
No filter change outs, internal
components replacements, or
ongoing maintenance needed.
Zero cost of ownership
Leveraging Patented NanoStrike
Technology proven to inactivate
pathogens at the DNA level
14w low energy consumption Wall mount / table stand /
portable stand
No functional degradation
over time
Under 40dB of sound output
Technology backed by
manufacturer medical
advisory board
Over 70+ 3rd party studies
showing efficacy in destroying
pathogens in sub seconds
CARB certified
The Wellair
900 Difference
alliance-usa.com
393
PAGE 4
Specifications
14 watts / 3 AMPS
10lbs in weight
Under 40 dB of sound projection
10 year useful life
No filters or internal replacement parts
No functional degradation
Efficacy validated through 70+
independent 3rd party studies
Power Source: Wall Plug In
Lowest cost of ownership vs others
Leveraging patented NanoStrike Technology
Stand Options
Desk Stand / Portable Stand / Wall Mount
Protect 900
PRIMARY SOURCE OF DISINFECTION
394
PAGE 5
Two NanoStrike™ coils provide a powerful strike, made
up of multiple concurrent inactivation processes, that
work to rapidly inactivate airborne pathogens.
How it Works
01. 02.
03. Contaminated indoor air is pulled into the unit
by an internal dual-speed fan.
Clean purified air is recycled back into the room.
Virus Bacteria Mold Dander
NanoStrike™
Coils
02. 03.
01. 395
PAGE 6
Coils release a plasma based electric discharge hundreds of times a second, inactivating pathogens from a DNA level
Patented NanoStrike
Technology
UV
BOMBARDMENT BY
CHARGED PARTICLES
ELECTROPORATION BY
NANOSTRIKE ELECTROMAGNETIC FIELDS
COILS
RADIATION
THE PATHOGEN IS InactivatED AND
IS NO LONGER INFECTIOUS
HEAT RADIATION OSMOTIC PRESSURE
396
PAGE 7
NanoStrike proven technology is effective at inactivating molecules <.0001 micron in diameter NanoStrike Technology
Vs. Others
Dynamic Overview
100 million
CORONAVIRUS PARTICLES CAN
FIT ON THE HEAD OF A PIN
Filters
ESP
NanoStrike
Chemical
Heat
UVGI
TRAP INACTIVATE
T R A P V S . I N A C T I V A T E
PCO
Ionization
397
PAGE 8
‘Healthy’ E.coli Bacteria
prior to exposure
WellAir after
0.002 Seconds
“The WellAir technology rapidly inactivates the DNA
in pathogens. Concrete evidence of the effect on
airborne bacteria; strong chemical and structural
changes are observed.”
Dr. Ram Prasad Gandhiraman,
Research Scientist, NASA
NanoStrike Disinfection
Testing
SARS-COV-2
99.99%
MRSA (Methicillin-Resistant
Staphylococcus Aureus)
99.99%
Human parainfluenza virus
99.87%
Staphylococcus epidermidis
99.87%
Mycobacterium Smegmatis
99.7%
Influenza A
99.9%
Aspergillus Niger
(Mold)
98.85%
Clostridium difficile
99.9%
398
PAGE 9
Clinical Studies &
Testing / Certifications
Lab Studies
31 Clinical Trials
11 Clinical Case Studies
27 Medical Device /
Equipment Standards
Air Purification
Device Standards
Regional
Requirements
Quality and
Manufacturing Standards
China
399
PAGE 10
Case Studies
Reduction in Bacteria
counts by
82%
Reduction in airborne bacteria
CFUs in occupied spaces from
(4) separate studies
Reduction in surface
bacterial counts by
68%
Single study conducted on
surface level bacteria counts
Reduction in Spore
counts by
94%
Air tests in (4) occupied
admin school rooms showed
similar results
400
PAGE 11
Sound Output /
Energy Savings
PROTECT 900 SOUND OUTPUT ENERGY SAVINGS COMPARISON
$655, 633
$69,510
5 10
15 20
60 65
70 75
55 50
25 30
35 40
45 NOISE LEVEL DBA
*Energy Savings @ National Average of $0.0809/kWh
*Comparison of Protect 900 vs 132 Breathing
Whisper
NV900
Vacuum
Dishwasher
Normal
Quiet Library
Conversation
Protect 900W
(14W)
Trap Technology
(132W)
89%
Energy Savings
$586,123
Energy Savings
401
PAGE 12
Degradation Factor /
Cost of Ownership
No installation or set-up cost
No costs of ongoing filter, bulb or
catalyst replacement
No servicing or replacement of
internal parts
HIGHEST LEVEL OF
DISINFECTION WITH THE
LOWEST COST OF OWNERSHIP
Other technologies like Filters, ESP, PCO and UVGI have performance degradation over time requiring parts to
be replaced or cleaned to achieve “as new” performance
levels again.
PERFORMANCE OVER 12 MONTH
NanoStrike
NanoSFilters UVGI ESP PCO
402
PAGE 13
“The WellAir Protect 900 portable air infection prevention device provides vital peace of mind.
The medical grade NanoStrike technology it uses helps to safely clean the air by reducing contaminants and viruses 24 hours a day. The decision was obvious once we reviewed the NanoStrike testing and scientific data, specifically its effectiveness on the SARS CoV 2 virus.” Ken Mueller
Director of Operations
School District (40,000 students)
Trusted by a Wide
Range of Industries
HEALTHCARE COMMERCIAL EDUCATION
5 million Sq. Ft.
403
PAGE 14
Medical & Scientific
Expertise Behind Wellair
TODD M. POPE
CEO
TIME Magazine’s 50 Most Influential
People in Healthcare
FELIPE SOBERON
PhD, CTO
Research Fellow, Dublin City University
BRAD NIEMAN
EVP, Healthcare
Healthcare Executive with over 20+ years
expertise
NICK MEDENDORP
PhD
Deep expertise in electronic materials and
LED technology with 115 patents
KIERAN HANNON
Chief Marketing Officer
Forbes Top 50 Most Influential Global CMOs
MARK SCHMIDT
EVP Sales, Commercial & Consumer
Broad IoT expertise w/ industry pioneers
STEVEN BRYDON
VP, Operations
Global Operations & Supply Chain Expert
STEVE GRENON
CTO/NuvaWave
63 patents and commercialized more than 20
successful medical devices
Investors
Regina Benjamin
M.D., MBA
18th U.S. Surgeon General
2009-2013
404
OVERVIEW
Village at Manor Park, a 130-bed continuing care retirement community, implemented Novaerus portable NV900 units in all patient rooms, hallways, and dining rooms beginning April/May 2015. The community consists of three wings on the first floor: Park View wing, Sunny View wing, and Terrace View wing. This study compares the total number of nosocomial respiratory infections before and after implementation of the Novaerus units.
A 23-month review was conducted to evaluate the results.
METHODOLOGY
A Nurse Risk Manager Consultant with RB Health Partners, Inc. visited the facility for two days to abstract information and review the data. The periods selected for aggregate pre- and post-review were July 2014 through March 2015 and July 2015 through March 2016. Comparison of like periods reduces the risk of skewed data related to seasonal variances.
CASE STUDY
Village at Manor Park
West Allis, WI
Village at Manor Park
Senior Care Implements
Air Disinfection Technology
405
WA-SNL-US-002
© Novaerus US, Inc.
UL 867 & UL1995 Intertek-Certified
Classified as plenum rated per UL 2043
CASE STUDY Village at Manor Park
wellairsolutions.com
[email protected]
1.866.508.1118
In the period after implementation of the NV900
units, the total number of nosocomial respiratory
infections at Village at Manor Park decreased from 68
to 14, a 79.41% reduction.
The total number of nosocomial respiratory infections
in the Park View wing decreased from 16 to 5,
a 68.75% reduction.
25 20
15 10
5 0
20 4
80.00% Reduction
Pre-Novaerus Post-Novaerus
Total Number of Nosocomial Respiratory Infections
RESULTS
80 70
60 50
40 30
20 10
0 68
14 Total Number of Nosocomial Respiratory Infections
79.41% Reduction
Pre-Novaerus Post-Novaerus
18 16
14 12
10 8
6 4
2 0
16 5
68.75% Reduction
Pre-Novaerus Post-Novaerus
Total Number of Nosocomial Respiratory Infections
35 30
25 20
15 10
5 0
32 5
84.38% Reduction
Pre-Novaerus Post-Novaerus
Total Number of Nosocomial Respiratory Infections
The total number of nosocomial respiratory infections
in the Sunny View wing decreased from 32 to 5,
an 84.38% reduction.
The total number of nosocomial respiratory infections
in the Terrace View wing decreased from 20 to 4, an
80.00% reduction.
Total nosocomial respiratory infections. Nosocomial respiratory infections in the Sunny View wing.
Nosocomial respiratory infections in the Park View wing. Nosocomial respiratory infections in the Terrace View wing. 406
Protect 200
(NV200) Specifications
ELECTRICAL RATING
Single Phase, 100-130 VAC 1220-240 VAC, 50-60 Hz
Fuse Rated at 250 VAC, 3 Amps, Listed
POWER CONSUMPTION RANGE'
100-130 V AC model:
12.9W - 21.8W
ELECTRICAL CONNECTION
Switched and fused with a grounded, moulded
power cord
FAN AIR FLOW VOLUME
80 m3/hr 147 CFM
NOISE LEVEL
35dB
QUALITY STANDARDS
Manufactured under ISO 9001, ISO 14001
& OHSAS 45001
GLOBAL CERTIFICATIONS
IEC 60601-1
IEC60601-1-2
IEC 60335-1
IEC 60335-2-65
Conforms to Low Voltage Directive (LVD)
2014/35/EU
CE
UL867
FCC
CSA C22.2 NO. 187:20 CARB
FCC
China Disinfection WS/T 648 KCC
JQAS-Mark
MODEL
Protect 200 (NV200)
Wall mountable or countertop unit,
1-NanoStrike coil, supplied with 1.6m power cord
(minimum length).
CONSTRUCTION+ COLOUR
Precision-cut fabricated metal casing in a white
anti-bacterial powder coat finish
DIMENSIONS
283 mm (h) x 132 mm (w) x 108 mm (d)
11.1" (h) x 5.2" (w) x 4.3" (d)
WEIGHT
3.4kg I 7.5Ibs
OPERATING CONDITIONS
10-35°C I 50-95°F, 10-75% Relative Humidity
SHIPPING/STORAGE CONDITIONS
5-50°C I 41-122°F, Maximum 95% Relative Humidity
ALLIANCE-USA.COM
407
USM - Unité de Sécurité Microbiologique
1 rue du Professeur Calmette
BP 245 - 59019 LILLE Cedex
E-mail : [email protected]
Tél : 03 20 87 72 63
Fax : 03 59 31 74 76
Site web : http://usm.pasteur-lille.fr
USM/R3-ENR-21 V2
Test report
This document may be reproduced as a complete copy only.
Any reference to Institut Pasteur de Lille is submitted to the preliminary written authorization of a legal representative.
Test report 170187 - Copy 1 Page 1 on 5
Lille, 13th November, 2017
Mrs Camille Sandevoir
Azelies
Test report N. 170187
Copy 1
DEVICE: Novaerus Airborne Infection Control Unit Model NV200 Serial number: PA1W2301203502/1700056
Device received on 26th October, 2017
Tests conducted from 9th November, 2017 to 13th November, 2017 TEST: Validation of the efficiency of an air purifier for removal of Influenza virus H1N1 These results concern only the tested device.
This report has 5 pages
Anthony Pinon
Assistant manager
408
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1 rue du Professeur Calmette
BP 245 - 59019 LILLE Cedex
E-mail : [email protected]
Tél : 03 20 87 72 63
Fax : 03 59 31 74 76
Site web : http://usm.pasteur-lille.fr
USM/R3-ENR-21 V2
Test report
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Any reference to Institut Pasteur de Lille is submitted to the preliminary written authorization of a legal representative.
Test report 170187 - Copy 1 Page 2 on 5
I- Context
NOVAERUS developed an air purifier inactivating particles from air thanks to a plasma field. Biological air contaminants include viruses such as Influenza virus H1N1. This virus is responsible for flu in infected persons. It is transmitted via inhalation of contaminated droplets emitted by sick people through sneezing or coughing.
The aim of the test is to evaluate the ability of the air purifier to remove H1N1 virus from the air. In an air tight environment, contaminated droplets containing the virus will be aerosolized. The air purifier will then be started to ‘cleanse’ the air. After a determined operation time, air will be sampled and analysed for quantitation of the remaining virus population.
Efficiency of the purifier will be evaluated based on the log reduction of the viral count in air.
II- Materials and methods
1. Strains and media
The study was conducted on Influenza virus H1N1 A/PR/8/34 (ATCC 1469). The virus was produced and titrated on cell line MDCK (ATCC CCL-34). Cells were grown in Minimal Essential Medium (MEM) supplemented with 10% Fetal Calf Serum.
Viral titres were determined using the Spearman-Kärber method, as recommended by European Standard NF EN 14476+A1 (October 2015), and expressed in 50% Tissue culture Infective Dose (TCID50).
Liquid medium used for nebulization was Phosphate Buffer Saline (PBS). Air samples were collected in PBS + 0.005% Tween 20.
2. Material
A medical nebuliser (Respironics, Philips) was used to generate aerosols. This device is used for administration of inhalable medicine, thus ensuring that the generated droplets are in the inhalable fraction representative of particles at risk. A nebulization chamber is connected to the system.
Nebulization
chamber
409
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1 rue du Professeur Calmette
BP 245 - 59019 LILLE Cedex
E-mail : [email protected]
Tél : 03 20 87 72 63
Fax : 03 59 31 74 76
Site web : http://usm.pasteur-lille.fr
USM/R3-ENR-21 V2
Test report
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Any reference to Institut Pasteur de Lille is submitted to the preliminary written authorization of a legal representative.
Test report 170187 - Copy 1 Page 3 on 5
Air sampling was performed using the Coriolis µ (Bertin Technologies), which collects samples by impinging in a cyclone formed by the collecting fluid in a conic flask. Sampling is performed at 300 litres/minute.
The air purifier operates at an air flow of 50 m3/hour.
Experiments were performed inside a biological safety cabinet, safety level 3. The inner volume was 537 litres (or 0.537 m3). Air renewal was switched off during the tests, to prevent aerosols from getting trapped in the cabinet filters.
3. Experimental design
Only two conditions were tested: purifier switched off during the test, or purifier switched on. Each was conducted 3 times, amounting to 3 x 2 = 6 tests.
Running time has been defined according to the air flow voloume of the purifier and the inner volume of the cabinet. The air flow is 50,000 L/hr, corresponding to 13.9 L/sec. Given the volume of 537 L of the safety cabinet, a running time of 39 seconds corresponds to a single passage of the air inside the cabinet through the purifier. 5 seconds were added to account for the activation time of the plasma. The final operation time of the purifier was then 44 seconds.
4. Experimental setup
A highly concentrated suspension of H1N1 virus was prepared for each experimental series. 1 mL of the virus suspension was mixed with 7 mL PBS and placed inside the nebulization chamber. 100 µL were removed for viral enumeration before the start of the experiment.
Collection flasks were filled with 15 mL of PBS + Tween 20.
For each experiment, the nebulizer was switched on for 5 minutes. Then, simultaneously, the nebulizer was switched off and the purifier was either switched on or left off. After a defined time, the purifier was switched off (or left off) and, simultaneously, the air sampler was switched on for 5 minutes. At the end of the sampling time, the collection flask was removed and closed. 410
USM - Unité de Sécurité Microbiologique
1 rue du Professeur Calmette
BP 245 - 59019 LILLE Cedex
E-mail : [email protected]
Tél : 03 20 87 72 63
Fax : 03 59 31 74 76
Site web : http://usm.pasteur-lille.fr
USM/R3-ENR-21 V2
Test report
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Test report 170187 - Copy 1 Page 4 on 5
Three successive tests were conducted in the same conditions (either purifier on or purifier off), using the same nebulizing solution, but with a different collection flask each time. At the end of these 3 tests, the nebulization chamber was removed; the remaining volume was measured and the viral population was enumerated again. Collection flasks were analysed after a concentration step, allowing to lowering the detection limit of the collected viral load.
At the end of an experimental day, the safety cabinet was decontaminated by nebulizing a disinfectant (peracetic acid + hydrogen peroxide). The cabinet was aerated before new tests were performed.
5. Data analysis
The following values are measured during the test:
- Viral concentration in nebulizing solution Cn (in TCID50/mL) - Initial volume of nebulizing solution Vni (in mL)
- Final volume of nebulizing solution Vnf (in mL)
- Viral concentration in concentrated collection solution Cc (in TCID50/mL) - Volume of concentrated collection solution Vc (in mL) The former values are used to calculate the following values:
- Nebulized volume Vn = Vni – Vnf (in mL)
- Nebulized quantity of virus Qn = Cn x Vn (in TCID50)
- Collected quantity of virus Qc = Cc x Vc (in TCID50)
- Viral reduction during the experiment R = Log(Qn) – Log (Qc) (in Log(TCID50)) Finally, the impact of the purifier is evaluated by comparing values of R with the purifier on (Ron) to values obtained with the purifier off (Roff), for identical running times. The log reduction observed in experiments with the purifier switched on is supposed to be caused by several sources:
- Impact of the purifier,
- Impact of the experimental conditions (nebulization stress, impact on surfaces, sedimentation…).
It is assumed that the second source of viral loss is identical whether the purifier is switched on or off. Therefore, it is estimated by experiments where the purifier is switched off (Roff).
The value of interest, defined as the removal ability of the purifier alone RP, is eventually evaluated as
RP = Ron – Roff
411
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1 rue du Professeur Calmette
BP 245 - 59019 LILLE Cedex
E-mail : [email protected]
Tél : 03 20 87 72 63
Fax : 03 59 31 74 76
Site web : http://usm.pasteur-lille.fr
USM/R3-ENR-21 V2
Test report
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Test report 170187 - Copy 1 Page 5 on 5
III- Results
Results are presented below.
Purifier
Nebulized
quantity Qn
(TCID50)
Collected
quantity Qc
(TCID50)
Viral
reduction
R
Average
R
Log reduction
caused by
purifier RP
% removal
caused by
purifier
Off 7.3×107
4.2×1043.2
5.6×10 3.9 34.1
4.2×1034.2
On 7.0×107
7.5×1034.0
3.2×10 4.2 0.3 51.8% 34.3
4.2×1034.2
Log reductions caused by the purifier (RP values in Table) are estimated by subtracting the log reduction of virus observed in the experiments conducted with the purifier switched off from the log reduction of virus observed in the experiments conducted with the purifier switched on, for the same running time.
IV- Conclusion
The Novaerus Airborne Infection Control Unit Model NV200 was able to remove 51.8% of Influenza H1N1 virus from air after 1 passage through the purifier.
End of test report
412
Technical Specifications
Wall-mounted or Table Top Environmental Air Quality Monitor uHoo Aura
The Most Comprehensive Environmental Quality Monitor
Temperature, Relative Humidity, TVOC, Particulate Matter (PM₁, PM₂-₅,PM₄,PM₁₀,), Carbon Dioxide (COѺ), Formaldehyde, Carbon Monoxide (CO), Air Pressure, Light, Sound 413
GENERAL
DATA
USER INTERFACE
CONNECTIVITY
DESIGN
POWER
CERTIFICATIONS
Installation:
Operating
Temperature:
Operating Humidity:
Built-in Fan:
OTA Firmware Update:
Accessories:
Wall-mounted
10°C to 50°C
14°F to 122°F
5% to 95%, Non-condensing
Yes
Yes
5V/2A USB Adapter (region-specific),
1.5m USB Cable, Mounting Tape,
Tapping Screws, Wall Plugs, Air Health
and Virus Index Sticker
Dimensions
(W x L x D):
Weight:
Material:
Mechanical
Protection:
Light Indicators:
Screen Display:
200mm x 180mm x 57mm
or 7.8in x 7.1in x 2.2in
765g or 1.7lbs
ABS Plastic
IP43 Ratings with Dust-filtering Mesh
Air Quality, SIM, Ethernet, Wi-Fi,
Battery (Software-controllable)
No
Once per Minute
Every 15-minute Interval up to 48
hours on Local Flash Memory
Permanant on Cloud
Minute, Hourly Average, Daily
Min/Max/Average + Analytics
Yes
Contact [email protected] for
Account Registration
Support All Major Browsers
uHoo Business
iOS 11 (64-bit Devices) or Android
4.3 and Versions Above
Log Interval:
Backup:
Format:
APIs:
5V/2A USB Adapter
3250mAh @ 3.6V Lithium-ion
Battery
900 mW (Normal Operation) and
1.1 W (Data Transmission)
Main Power Source:
Backup Power Source:
Power Consumption:
uHoo Account:
Web Dashboard:
Mobile App:
Minimum OS
Requirement:
1. Nb-IoT
Choose your connectivity protocol from the following options* *There is only one connectivity protocol used by each device. Be sure to select your preferred option when ordering to ensure it is compatible with your setup.
2. Wi-Fi (Setup using mobile app)
FCC, IC, CE, TELEC, NTC
FCC, IC, CE, PSE
UN38.3, UL 62368, CB (IEC
62133-2017), PSE
RoHS, REACH, WEEE, Free of SCCP
and HBCDD Contents
Radio:
Safety:
Battery:
Environmental:
LTE Cat M1 / NB1 and EGPRS
Module
Multi-regional.
1/2/3/4/5/8/12/23/18/19/20/25/26
Micro-SIM Supporting M1/NB1
Network Access. Contact your
Local Telecommunication Service
Provider for More Details.
Description:
LTE Bands:
SIM Card:
802.11 a/b/g/n @ 2.4GHz and 5GHz
(20MHz Channels Only)
Open, WEP, WPA/WPA2-Personal
Standard:
Security:
414
SENSORS
Temperature
Relative Humidity
Air Pressure
Light
Sound
PM₁
PMѺ-ѽ
PMѼ
PMѹѸ
TVOC
Carbon Dioxide
Carbon Monoxide
Formaldehyde
RANGE
-40 to 85ºC
0 to 100%
300 to 1,100 mBAR
0 to 40,000 lux
30 to 120 dB
0 - 1000 µg/m³
0 - 1000 µg/m³
0 - 1000 µg/m³
0 - 1000 µg/m³
0 to 60,000 ppb
400 to 10,000 ppm
0 to 1,000 ppm
0 to 2,000 ppb
RESOLUTION
0.1ºC
0.1%
0.1 mBar
1 lux
+/- 1db
1 µg/m³
1 µg/m³
1 µg/m³
1 µg/m³
1 ppb
1 ppm
0.1 ppm
1 ppb
ACCURACY
± 0.5°C
± 3%
± 1 mBar
± 20 lux or ± 5% of actual value
Sensitivity: -26 dBFS
SNR: 64 dB
: 122.5 dB SPL
± 10 µg/m3 (0 to 100 µg/m3)
± 10% (100 to 1000 µg/m3)
± 10 µg/m3 (0 to 100 µg/m3)
± 10% (100 to 1000 µg/m3)
± 25 µg/m3 (0 to 100 µg/m3)
± 25% (100 to 1000 µg/m3)
± 25 µg/m3 (0 to 100 µg/m3)
± 25% (100 to 1000 µg/m3)
± 15 %
± 30 ppm plus 3% of actual value
± 2 ppm
± 30 ppb (0 to 300 ppb)
± 10% (300 to 2000 ppb)
SENSOR SPECIFICATIONS
CONNECTIVITY
In addition to the 13 sensors of the uHoo Aura Base device, you can customize it to measure more parameters by choosing one of the options below:
a. Nitrogen Dioxide (NO₂), and Ozone (O₃)
b. Nitrogen Oxide (NO)
c. Sulfur Dioxide (SO₂)
d. Hydrogen Suilfide (H₂S)
e. Ammonia (NH₃)
f. Oxygen (O₂)
Temperature, Relative Humidity, Carbon Dioxide (CO₂), TVOC, Air Pressure PM₁, PM₂-₅, PM₄, PM₁₀
uHoo Aura Base Device Measures the Following:
Temperature, Relative Humidity, Air Pressure, Light, Sound, PM₁, PM₂-₅,PM₄,PM₁₀, TVOC, Carbon Monoxide (CO), Carbon Dioxide (COѺ), Formaldehyde (HCHO) and Virus IndexTM Module A:
Module B:
Module C:
ALLIANCE-USA.COM
415
416
417
418
419
ALLIANCE-USA.COM
420
Using Indoor Air
Quality Data to
Create the uHoo
Virus Index
421
Why Indoor Air
Quality Matters
COVID-19, or the coronavirus, has drastically
changed our routines. Due to the lockdowns
put in place in affected regions around the
world, people are spending more time indoors
than ever. And that’s a big point of concern
when talking about air quality because indoor
air is usually two to five times worse than
outdoor air.
Before the COVID-19 pandemic began, people
were already spending a lot of time indoors,
which has been intensified by efforts to
combat or slow the spread of the disease. For
many people, they are unaware that the air
they are breathing indoors is often more
polluted than outside air. This can induce
anxiety as our homes are supposed to be the
place where we feel the safest.
Research has shown that air quality and
COVID-19, together with other viruses, are
correlated. We can then utilize air quality data
within our homes and workplaces to create an
environment that helps to deactivate viruses
and to enhance our immune system.
uHoo’s goal is to empower you to make better
decisions about your health and your
home/workplace environment using accurate
and actionable air quality data.
“We can then utilize air
quality data within our
homes and workplaces to
create an environment
that helps to deactivate
viruses and to enhance
our immune system.”
422
uHoo Virus Index
The ‘uHoo Virus Index’ is a patent pending technology that uses the power of air quality data to help you know how to deactivate viruses in your home/workplace and how your air quality affects your health and immune system.
Various factors affect air quality, including your unique habits and spaces, and it’s important to take these into consideration. With uHoo, your air quality data can be transformed into actionable insights.
The table below shows you the uHoo Virus Index. It ranges from 1 to 10 sub-categorized into 4 levels.
1 to 3 (Good)
Virus survival is low and airborne virus spread is unlikely. 4 to 6 (Mild)
Virus survival is moderate and airborne virus spread is possible but air quality poses little to almost no direct health risk for people who are usually not sensitive to air pollution. Sensitive people may experience health effects. More attention to air quality should be given and actions to improve air quality is recommended.
7 to 8 (Bad)
Virus survival is prolonged and airborne virus spread is likely. Air quality poses some health risk.
Critical assessment of your air quality is necessary and actions to improve air quality is required. 9 to 10 (Severe)
Virus survival is high and airborne virus spread is likely. Air quality would affect most people and actions to improve air quality is necessary.
These levels are determined based on scientific analysis of five air quality factors which includes temperature, relative humidity, PM2.5, Carbon Dioxide, and Nitrogen Dioxide. Let’s look at how these factors affect your uHoo Virus Index.
423
Ideal Ranges
Temperature
19°C to 24°C
(66°F to 75°F)
According to research by Casanova Lisa, et al.,
published in the American Society of
Microbiology1, the infection rate of viruses is
significantly reduced at room temperature (20°C
or 68°F) compared to colder temperatures (e.g.
4°C or 39°F). Whereas, at warmer temperatures
(30°C or 86°F), transmission of influenza viruses is
blocked or becomes highly inefficient. Maintaining
temperature at the ideal level not only lessens the
risk of virus transmission but also keeps you
comfortable indoors.
PM2.5
Below 15µg/m3
Particulate Matter also known as “Particle
Pollution” is a complex mixture of extremely small
particles and liquid droplets. Particulate Matter at
2.5 microns in size or smaller can be inhaled deep
into the lungs and cause irritation and corrosion of
the alveolar wall, which impairs lung function3.
They are also known to carry microbiomes4.
These particles are small enough to stay
suspended in the air. A study conducted by Feng,
Cindy et al published in the Journal of
Environmental Health5 showed an increased
vulnerability to influenza-like illnesses when levels
of PM2.5 were above the ideal range. The data
suggests that PM2.5 stays airborne longer,
creating a “condensation nuclei” which virus
droplets attach to. These are then inhaled by
people, resulting in infection.
Thus, it is best to keep your PM2.5 levels low to
minimize risk of infection.
Examples of sources of PM2.5 indoors: smoking,
cooking, candles, space heaters, furnaces, and
poorly-maintained HVAC system.
Relative Humidity
40% - 60%
In environments with lower than 40% Relative
Humidity (RH), droplets from a cough or a sneeze
lose their moisture quickly. This results in droplets
becoming ‘dry aerosols’ and capable of staying in
the air for longer periods. Viral particles remain
infectious much longer below 40% and above
80%.
Virus particles are most inactive at 50% humidity,
and retain their infectiousness the further from
that median value, plateauing at 20% and 80%,
respectively2. Staying within 40% to 60% relative
humidity is ideal from a comfort perspective but
50% is the most ideal in terms of fast virus
inactivation.
Keeping the humidity at the ideal range not only
helps you stay comfortable but also keeps you
healthy. Low humidity (less than 30%) may
promote dry nasal passage which makes people
more susceptible to cold viruses while high
humidity (more than 70%) may promote mold
growth which can be harmful to people with
weakened immune systems.
424
Ideal Ranges
Nitrogen Dioxide (NO2)
Below 53ppb
High levels of Nitrogen Dioxide indoors is the
result of outdoor NO2 entering your indoor
environment as well as combustion sources inside
the home / workplace. According to a study
published in the Environmental Research journal,
short-term exposure can irritate airways while
long-term exposure can lead to chronic illness and
respiratory infections with viruses7. Asthmatics
may also experience longer symptomatic periods
and increased medication use for children.
Examples of sources of nitrogen dioxide:
Automobiles from attached garage or near a busy
street, appliances with defective installations, gas
stoves, kerosene heaters, chimneys, etc.
Carbon Dioxide
Below 800ppm
Carbon Dioxide has long been used as an indicator
of good indoor air quality primarily because of its
association with ventilation. When carbon dioxide
levels are high, it may indicate that your space is
not well ventilated. The ideal level of CO2 is
needed to reduce the risk of lung inflammation6.
Chronic inflammation caused by persistent high
CO2 levels is not ideal for your health. Moreover,
longer exposure to high CO2 can cause fatigue,
headaches, and dizziness. It is also possible to
develop hypercapnia acidosis6, characterized by
increased levels of carbon dioxide in the blood.
This suppresses immune function and can make
one more susceptible to disease.
Some causes of carbon dioxide elevation indoors:
improperly maintained combustion devices and
poor ventilation.
How do these Parameters Differ from Standards
When it comes to dealing with viruses, the lower the risk the better. The thresholds set in uHoo’s Virus Index are different from the default air quality safety thresholds set inside the uHoo app, which is based on US EPA, the World Health Organization (WHO) and the Occupational Safety and Health Administration (OSHA) standards. The uHoo Virus Index thresholds are based on specific environments, derived from scientific research conducted by governments, scientists, and universities, suitable for viruses to survive. It has stricter guidelines compared to the air quality safety thresholds set by the above mentioned organizations. 425
In-Depth Analysis:
Air Quality & COVID-19
COVID-19 is a highly infectious disease compared to its 2003 counterpart, SARS. Its health effects vary among people from having no symptoms at all to having severe respiratory distress. According to the CDC8, people with serious underlying medical conditions are “at higher risk for severe illness from COVID-19.”
Scientists also found that air pollution contributes to the severity of the disease. A nationwide study9, conducted by Harvard University, showed that counties in the USA with high levels of air pollution before the COVID-19 crisis have higher death rates (defined as COVID-19 deaths per total population).
Can Coronavirus Travel in the Air?
Research groups have suggested that air
pollution particles could help coronavirus
travel further in the air10.
A statistical analysis11 conducted by scientists
from various Italian Universities and Health
Institutions showed correlation between
higher levels of particle pollution and higher
rates of infection in parts of northern Italy
before a lockdown was imposed. It’s
important to take note that this study has not
been peer-reviewed as of the writing of this
paper (May 2020).
In contrast, a peer-reviewed research study
conducted by Wei Su et. al published in the
BMC journal found that high levels of
particulates in the air corresponded to more
cases of influenza and influenza-like illnesses
during the flu season12.
Previous studies have also shown that air
pollution particles harbour microbes4, and
that pollution is likely to have carried the
viruses causing bird flu, measles, and foot &
mouth disease over considerable distances.
426
How Does COVID-19 Spread?
Large virus-laden droplets from infected
people’s coughs and sneezes fall to the
ground within a meter or two. But much
smaller droplets, less than 5 microns in
diameter, can remain in the air for minutes to
hours and travel further.
Ke Lan and his colleagues, expert virologists
from Wuhan University, hypothesized that
these tiny airborne droplets can cause
coronavirus infections13. Scientists from the
Department of Community and Family
medicine in Hong Kong found evidence that
SARS coronavirus was spread in the air14.
How Air Pollution & Indoor Air
Quality Affect Mortality Rate
Long before COVID-19 arrived at our
doorsteps, air pollution and poor indoor air
quality have been linked to higher rates of
illness and mortality.
According to Harvard University9, the same
trend holds true for COVID-19. Their study
looked at the data from the year 2000 to 2016
and found that long-term exposure to
particulate matter results in an increase in
COVID-19 death rate, based on their data, as
of April 24, 2020.
PM10
10µm
Red Blood Cell
7µm
PM2.5
2.5µm
Bacillus
Bacteria
0.5µm
Coronavirus
0.1µm
427
Ways to Maintain Good Air Quality
Now that we know how vital good air quality is to reduce our susceptibility to viruses, let’s look at some practical tips below based on the uHoo Virus Index.
Keep your Temperature and
Humidity under Control
WHO’s Guide For Worker Safety15 in March
2020 notes that a person can be infected by
touching contaminated objects or surfaces,
and then touching their face.
According to The National Institute for Public
Health and the Environment of the
Netherlands (RIVM)16, under the right
conditions, SARS-CoV2, the virus that causes
COVID-19, can survive outside of the body for
several hours and surfaces for several days.
Aside from good personal hygiene and
cleaning surfaces, there are ways to lessen
our risk of getting infected through the right
management of temperature and relative
humidity. A study published in the American
Society for Microbiology1 found that the right
level of humidity rendered more SARS-CoV
surrogate viruses unable to infect, a process
called viral inactivation.
Here are the results of their study:
• The greatest level of virus inactivation
took place at 50%RH.
• The lowest level of virus inactivation took
place at 20%RH.
• Inactivation was more rapid at 20°C
(68°F) than at 4°C (39°F) at all humidity
levels.
• There was greater survival for viruses at
low RH (20%) and high RH (80%) than at
moderate RH (50%).
• Infectious virus deposited on stainless
steel surfaces stayed for at least 3 days at
50%RH (20°C) and for up to 28 days at
20%RH.
The results show that keeping Relative
Humidity at 50% and a temperature of 20°C
lessens your risk in being infected as it
promotes faster virus inactivation. Thus, it’s
essential that healthcare facilities, offices,
and homes keep the humidity at the ideal
range to reduce transmission risk of
COVID-19 in indoor environments. However, it
is important to note that virus particles on
smooth steel surfaces can last up to 3 days at
50%RH and 20°C, more so, if the temperature
and humidity is lower than that. Disinfecting
surfaces should still be an important part of
our daily routine.
428
To understand this data better and its implication on our health, let’s look at the charts below, from the study conducted by Lisa M. Casanova, et al published in the American Society for Microbiology1.
Chart 1: Inactivation of SARS-CoV Surrogate TGEV at 4°C and at different humidities.
Fastest inactivation of viruses happened at 50%RH.
Knowing our infection risk using temperature and humidity is essential in maintaining a healthy indoor environment where we spend 90% of our time.
This chart shows that in dry indoor air at 20°C and 20% RH, 80% of coronaviruses remain viable on surfaces for a week. This significantly increases our infection risk through touch, resuspension, and inhalation of virus particles. Humidifying your home or office to 50% RH reduces viable viruses to less than 1% after two days, which significantly decreases infection risk.
0.01 0.1
1 viable viruses (%)
10 100
1 2 3 4 5 6 7 8 9 10 11 12 13 14
days
RH 50%, T 20°C
inactivation log10 -0.896/day
RH 80%, T 20°C
inactivation log10 -0.212/day
RH 20%, T 20°C
inactivation log10 -0.081/day
429
Chart 2: Inactivation of SARS-CoV surrogate TGEV at different temperatures and humidities.
Fastest inactivation at all temperatures is at 50% RH.
Virus particles are most inactive at 50% humidity, and retain their viability the further from that median value, plateauing at 20% and 80% respectively as represented by the blue line.
At 20°C (68°F) with dry air (20%RH) and humid air (80% RH) coronaviruses survive for up to two to three days as represented by the blue star. At 20°C (68°F) with 50%RH, on the other hand, less than 1% of the viruses remain viable after 1 day as represented by the red star.
The study also showed that low temperatures increase the persistence of viable viruses (black line) while high temperatures decrease the persistence of viable viruses (red line), on inanimate objects such as stainless steel. viable viruses (%)
10 100
20% 40% 50% 60% 80% 100%
longstanding
viability
longstanding
viability
fast
inactivation
430
What does this data mean?
Dr. Walter Hugentobler from the University of
Zurich states:
“This study clearly shows that maintaining a
mid-range humidity in hospitals and
healthcare establishments would be an
effective measure to reduce the risks of
coronavirus transmission. Although this study
set out to gain insight into potential measures
to control SARS-CoV (the virus of the SARS
pandemic in 2002/2003), the results are most
likely relevant to the spread of COVID-19, the
disease transmitted by SARS-CoV-2, a
coronavirus genetically very close to
SARS-CoV.”17
How does Relative Humidity
Affect the Spread of Viruses?
Scientists from the Department of
Epidemiology and Biostatistics in Peking
University19 proposed that the moisture in
exhaled bioaerosols quickly evaporates in a
low-humidity environment, which then forms
into airborne droplet nuclei. When the fluid of
pathogenic droplets quickly evaporates, it
allows them to stay suspended in the air for a
long time.
This is supported by another study
conducted by the US CDC20 on the effect of
relative humidity on aerosolized viruses. They
found that rapid inactivation of viruses
happens at relative humidity of 43% even if
they are suspended in the air. Maintaining an
indoor relative humidity at the ideal range will
then significantly reduce the infectivity of
aerosolized viruses.
How does Temperature Affect
the Spread of Viruses?
Ambient temperature can have a strong
influence on the activity and spread of
viruses. For example, other viruses that cause
respiratory infections often occur in the
winter months. According to Frank van
Kuppeveld, professor of virology at Utrecht
University, this stems from reduced
resistance of the mucous membranes18 in the
nose when cold air is inhaled. Keeping the
temperature at the ideal range indoors, 19°C
to 24°C (66°F to 75°F), helps you avoid
drying of the nasal passage that makes you
more susceptible to viruses.
431
Get Fresh Air and Maintain
Good Ventilation
For people living in apartments, fresh air is a
precious resource. To keep the air healthy in
these spaces, what you can do is to replace
your HVAC filters more often than normal,
install ventilation fans, and keep the house
free of dust to reduce particulate matter in
the air.
If you live in a home with more windows, you
can open them at regular times each day to
let fresh air in. However, you have to take
note that outdoor pollution can also enter and
increase PM2.5 levels indoors. Improving the
filter used in your HVAC system can
significantly reduce the amount of PM2.5
entering your home. Houses with bigger
spaces can also put up plants to help improve
the air.
At your workplace, you need to make sure
that the building’s ventilation system is
working efficiently and is able to ensure an
effective flow of fresh air so that the stale air
inside the workplace can be dissipated.
Aside from good ventilation, our activities can
also have an impact on our indoor air.
Cooking, for example, generates a high
amount of PM2.5. Maintaining good ventilation
is crucial to lessen health risks.
Maintain Good Ventilation
while Cooking
Research conducted by Jennifer M. Logue, et
al, published in the Journal of Environmental
Health Perspectives, showed that cooking is a
major source of PM2.521. The small
particulates generated from heat combustion
are small enough to stay suspended in the air
indefinitely, increasing the risk of inhaling
them. Once inside your lungs, they can cause
irritation or damage to your respiratory
system.
432
How to Reduce High PM2.5
Levels while Cooking
According to researchers from the
Netherlands TNO, there are four factors that
can increase PM2.5 levels in the air while
cooking. These include:
Cooking Method. The level of PM2.5 released
during cooking is highly dependent on three
things - cooking with lids, cooking using gas
or induction, and the type of dish. Meat
frying, in particular, releases PM2.5 more than
other dishes. Using induction instead of gas is
more efficient. However, the type of dish
being cooked is still a big factor.
Type of Range Hood Used. Aside from using
motorized hoods, improving flow rate and
adding a damp buffer can significantly reduce
PM2.5 levels. According to the study22 done
by Jacobs, Cornelissen, & Borsboom
published in the Indoor Air Conference at
Ghent, these have reduced PM2.5 levels from
above 800 µg/m3 (unhealthy level) to below
100 µg/m3 (moderate level).
Amount of Ventilation in Relation to the Size
of the Kitchen/Living Room. The right
ventilation must be used in order for PM2.5 to
quickly dissipate after cooking. Using the
wrong ventilation will cause PM2.5 to stay in
the air longer.
Impact of Energy Recovery
Ventilator and Kitchen Exhaust
Hood
A study conducted by Jinglin Jiang and Dr.
Brandon Boor of Purdue University in
collaboration with Whirlpool, utilized uHoo
sensors to test the effect of Energy Recovery
Ventilator (ERV) and range hood ventilation on
reducing PM2.5 levels indoors. Using stir
frying as a cooking method, they observed
that PM2.5 can be reduced within 15 minutes
when both the ERV and hood are turned on23.
When both are turned off, it took
approximately one hour to reach the same
level of PM2.5 before cooking started. This
means there are higher chances for people to
breathe in higher amounts of PM2.5 when
ventilation is insufficient.
433
Be Careful in Using Cleaning
Products
During the COVID-19 pandemic, people are
regularly disinfecting their homes with sprays
and wipes. While these items are useful for
killing viruses, disinfecting products contain
VOCs24, which can trigger allergies and
weaken immune system24.
According to the US EPA, VOCs or Volatile
Organic Compounds are emitted as gases
from certain solids or liquids. VOCs include a
variety of chemicals, some of which may have
short- and long-term adverse health
effects25. They can also react with other
chemicals in the air and become more
dangerous to human health.
Although using disinfectants is a
recommended step to prevent virus infection
from our hands or surfaces, it must be done
in a way that it does not affect our lungs and
overall health.
Exposure to VOCs over 24 hours can irritate
the lungs, causing nausea and making it
difficult to breathe. Long term exposure to
harmful VOCs over months can affect the
liver, kidneys, and central nervous system.
You can reduce VOCs in your home through
proper ventilation. Opening a window will
allow the trapped gases to escape and will
dilute any remaining VOCs with fresh air.
Another way is to get a purifier with a carbon
filter that can trap VOCs. Knowing the
specification of a purifier is important
because not all can clean VOCs. Some
purifiers also emit ozone (O3) while cleaning
which can cause respiratory conditions.
Having an indoor air sensor, such as uHoo,
helps you know if your air purifier actually
works and is safe for your family.
You may also want to consider changing
cleaning products you use to ones that are
low VOC. This helps you to reduce the actual
source.
434
Avoid Polluting Compounds
Nitrogen Dioxide is considered as one of the
most polluting compounds in the air. NO2 is
produced by automobiles and other kinds of
combustion.
Long-term exposure to NO2 may cause a wide
spectrum of severe health problems such as
hypertension, diabetes, heart and
cardiovascular diseases, and even death.
NO2 can also form indoors when fossil fuels
like wood or natural gas are burned. Current
guidelines by the WHO says that one hour
exposure to 106 ppb of Nitrogen Dioxide26 is
acceptable.
At about twice this level, asthmatics may find
it harder to breathe due to reduced
pulmonary function. For normal people,
breathing in NO2 at this level can cause slight
difficulties in breathing.
Yaron Ogen, a scientist from Tel-Aviv
University, examined the relationship between
long-term exposure to NO2 and coronavirus
fatality in Italy, Spain, France and Germany27.
The number of death cases caused by
COVID-19 were taken from 66 administrative
regions. Results show that out of the 4,443
fatality cases, 3,487 (78%) were in five
regions located in north Italy and central
Spain. Additionally, the same five regions
show the highest NO2 concentrations
combined with downwards airflow which
prevented an efficient dispersion of air
pollution.
The chart below shows that most of the
fatalities occurred in high concentrations of
NO2 ranging between 100 to 300, where NO2
readings between 177 and 294 µg/m3 making
up 83% of it.
These results indicate that the long-term
exposure to NO2 may be one of the most
important contributors to fatality caused by
the COVID-19 virus in these regions and most
likely across the world.
0 20
40 60
80 100
120
140
160
180
200
220
240
260
280
300
0 10
20 30
40 50
60 70
80 0-50 50-100
NO2 concentration (by range)
100-300
Deaths (mean) [Line]
Deaths (% from total) [Bars]
435
Try to get a Good Night’s Sleep
Poor air inside bedrooms greatly reduces
quality of sleep.
Research conducted by scientists from
Tsinghua University found that an increase of
77.5 points in the Air Quality Index (AQI) was
able to reduce a person’s amount of sleep by
more than half an hour per day28. An AQI
reading of 77.5 is considered to be in the
moderate range.
These research studies are consistent with
the findings of scientists from Harvard, Yale
and Emory University studying the effect of
black carbon29 on an adult's quality of sleep.
An increase of 0.21 µg/m3 of black carbon
resulted in 23 to 25 minutes of less sleep per
day. Some sources of black carbon include
diesel engines, residential fuels, burning, and
other industrial processes. Aside from having
less sleep, black carbon increases risks of
developing cardiovascular and respiratory
diseases which weakens immune systems.
Good air quality is not only important for
healthy lungs but also healthy sleep.
Research done by Luciana Besedovsky, Tanja
Lange, and Jan Born published in the US
National Library of Medicine showed that
good sleep promotes a healthy immune
system30, which is crucial in keeping virus
symptoms at bay. The immune system is
strongly-linked to the circadian sleep-wake
rhythm, and poor sleep can increase the risk
of getting sick.
Stop any Kind of Smoking
Tobacco smoke can negatively impact air
quality, even if you yourself don’t smoke.
Smoke from cigarettes, cigars, or pipes
contains over 70 chemicals known to cause
cancer. The US CDC estimated that
secondhand smoke31 has contributed to
around 2.5 million nonsmoker deaths since
1965.
Tobacco smoking also has long lasting
effects. Research done by Peyton Jacob III, et
al on the effects of “Thirdhand Smoke”,
published in the US National Library of
Medicine showed that tobacco smoke residue
produces secondary organic pollutants32 and
releases VOCs over time.
Opening windows and turning on an air
purifier may help reduce the concentration of
smoke in your home, but keep in mind that
the best level of tobacco smoke is to not have
any at all.
436
Know What You’re Breathing In
“Make the invisible, visible.”
Like viruses, air pollution cannot be eliminated
when we cannot see what we are dealing
with. Seeing the problem allows us to create
solutions that actually work instead of
guessing.
The only way to make the problems in the air
visible is by using an indoor air quality
monitor. So how can uHoo help?
uHoo Is Your First Step - It
Gives You Actionable Insights
uHoo helps people make the right choices
based on their air quality. Each person has
unique habits, homes and workplaces and it’s
important to take this into consideration when
addressing indoor air quality.
uHoo Helps You Know Your Air
So You Can Take The Right
Action
Research has consistently shown that air
quality has a strong impact on health. Our
immune system not only relies on the kind of
food we eat but also the air we breathe. uHoo
would be able to help you stay healthy and
strong by providing insights on what air
quality issues we have and how these affect
our health.
The uHoo Virus Index goes the extra mile to
help you take control of your environment and
help you know how to deactivate viruses in
your home/workplace. The uHoo Virus Index
utilizes data on temperature, relative
humidity, PM2.5, carbon dioxide and nitrogen
dioxide in calculating the index. It also tells
you which specific air quality factors you
need to address so you can immediately take
action.
uHoo Helps You Automate
Things at Home and at the
Workplace
uHoo complements your HEPA air purifiers,
humidifiers, ventilation system, etc. by
providing you with data and insights on how
to effectively use them. You can also use
uHoo to control your other equipment, be it at
home or in the workplace, to automatically
respond based on what uHoo detects.
437
Conclusion
Taking care of your air quality and making
sure it is at optimal levels increases virus
inactivation and helps to keep your immune
system healthy.
Knowing how to fight an invisible enemy using
uHoo allows us to make educated decisions
about our health and measure the impact of
our actions. Now that we are living in the new
normal and spending most of our time
indoors, gaining insights about our indoor air
and how it affects our immune system is more
important than ever.
The uHoo Virus Index and all parameters that
uHoo measures gives us the ability to know
what action to take to maintain a healthy
indoor environment whether at home or in the
workplace. Taking care of the space where
we work and live, by keeping air quality
healthy, is more than just for our own benefit,
it’s also about saving lives.
Disclaimer
The uHoo Virus Index is intended to provide you information on indoor air quality to help you know how to deactivate viruses in your home/workplace and how your air quality affects your health and immune system.
The uHoo Virus Index is not, and is not intended, for use in detecting, in any manner, the presence of any kind of virus or bacteria in your area.
With the uHoo Virus Index, your air quality data can be transformed into actionable insights. Nevertheless, users should exercise their own independent judgment in conjunction with implementing such actions with proper cleanliness and sanitation measures. We at uHoo do not take responsibility for any decision taken by the user based solely on the information provided by uHoo. Users are solely responsible for any action that they may take.
438
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28. Yu, Hongjun, et al. “The Association between
Air Pollution and Sleep Duration: A Cohort Study of
Freshmen at a University in Beijing, China.” PMC,
16 Sept. 2019,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC67
66077/.
29. Fang, Shona, et al. “Traffic-related air pollution
and sleep in the Boston Area Community Health
Survey.” J Expo Sci Environ Epidemiol, PMC, 2 Jul.
2014, https://dx.doi.org/10.1038%2Fjes.2014.47.
30. Besedovsky, Luciana, et al. “Sleep and immune
function.” Pflugers Arch, Springer, PMC, 10 Nov.
2011,
https://dx.doi.org/10.1007%2Fs00424-011-1044-0.
31. “Secondhand Smoke (SHS) Facts.” Centers for
Disease Control and Prevention, 17 Jan. 2018,
https://www.cdc.gov/tobacco/data_statistics/fact_
sheets/secondhand_smoke/general_facts/index.ht
m.
32. Jacob, Peyton, et al. “Thirdhand Smoke: New
Evidence, Challenges, and Future Directions.”
Chem Res Toxicol, PMC, 17 Jan. 2018,
https://dx.doi.org/10.1021%2Facs.chemrestox.6b0
0343.
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CITY OF FONTANA
EQUIPMENT PURCHASE AGREEMENT
This Equipment Purchase Agreement (“Agreement”) is entered into this _____ day of __________, 20__, by and between the City of Fontana, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Alliance Building Solutions, Inc., a Corporation with its principal place of business at 12520 High Bluff Drive, Suite 345, San Diego, California 92130 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Equipment” means all machinery, equipment, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Contractor as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Equipment is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Equipment without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Contractor will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Equipment. Material samples will be submitted at City’s request.
The site of any installation work shall be kept clean and free of hazards at all times during performance of such installation services. After installation is completed at the site, as applicable, Contractor shall clean the surrounding area to the condition prior to delivery and installation.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Equipment prior to acceptance.
If upon inspection or testing the Equipment or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to 441
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meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Equipment or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Contractor of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
If the Contractor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City.
Section 4. WARRANTY.
A. Contractor warrants that the Equipment will be of merchantable quality and free from defects in design, engineering, material and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Contractor and City, from the date of final written acceptance of the Equipment by City as required for final payment under Section 7. Contractor further warrants that any services provided in connection with the Equipment will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Contractor further warrants that all machinery, equipment or process included in the Equipment will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval or acceptance of any such machinery, equipment or process will not relieve Contractor of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section
4.B, Contractor will, immediately after receiving notice from City, at the option of City, and at Contractor’s own expense and without cost to City:
1. Repair the defective Equipment;
2. Replace the defective Equipment with conforming Equipment, F.O.B. City’s plant, office or other location of City where the Equipment was originally performed or delivered; or
3. Repay to City the purchase price of the defective Equipment.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair and replacement of the defective Equipment, and reinstallation of new Equipment. All such defective Equipment that is so remedied will be similarly warranted as stated above. In addition, Contractor will repair or replace other items of the 442
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Equipment which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Contractor also warrants that the Equipment is free and clear of all liens and encumbrances whatsoever, that Contractor has a good and marketable title to same, and that Contractor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Equipment. Contractor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Contractor of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Equipment, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Equipment or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Contractor and such change will be authorized by a change order document signed by City and accepted by Contractor.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Contractor has satisfied all contractual requirements.
Payment of invoices shall not constitute acceptance of Equipment.
B. If Progress Milestones have been specified Exhibit “B,” then payments for the Equipment will be made as the requirements of such Progress Milestones are met.
Progress payments for the Equipment will be made by City upon proper application by Contractor during the progress of the Equipment and according to the terms of payment as specified in Exhibit “B.” Contractor’s progress billing invoice will include progress 443
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payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Contractor’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Equipment not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Contractor to make payments properly to its subcontractors or for material or labor, the failure of Contractor to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Contractor’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Contractor’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Equipment by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Contractor may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Contractor of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Contractor then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Contractor, its successors and assigns, for or on 444
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account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Contractor’s performance is of the essence for this Agreement. The Equipment will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Contractor shall pay City the sum of $[INSERT AMOUNT] per item of Equipment for each calendar day for which the item of Equipment is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Equipment is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Contractor will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Contractor agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Equipment provided under this Agreement.
B. Contractor will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Contractor will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Equipment provided hereunder, will be the responsibility of Contractor. In addition, all taxes assessed by any taxing jurisdiction based on Contractor property used or consumed in the provision of the Equipment such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Contractor.
D. Contractor will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Contractor hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Contractor enters into this Agreement as an independent contractor and not as an employee of City. Contractor shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or 445
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subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Contractor must obtain City’s written permission before subcontracting any portion of the Equipment. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Equipment, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Contractor from its obligations to City, including, but not limited to Contractor’s insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Equipment upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Equipment. However, Contractor will be liable for any loss or damage to the Equipment and/or the materials caused by Contractor or its subcontractors, their agents or employees, and Contractor will replace or repair said Equipment or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Contractor for all or a portion of the Equipment which remains in the possession of Contractor, then City shall have title to, and the right to take possession of, such Equipment at any time following payment therefor. Risk of loss for any Equipment which remains in the possession of Contractor shall remain with Contractor until such Equipment has been delivered or City has taken possession thereof. Contractor will have risk of loss or damage to Contractor’s property used in the construction of the Equipment but which does not become a part of the Equipment.
Section 13. INDEMNIFICATION.
A. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Equipment or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
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B. Contractor’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers shall be at Contractor’s own cost, expense and risk. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Contractor shall take out and maintain:
1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Contractor if transporting hazardous materials.
5. If Contractor is also the manufacturer of any equipment included in the Equipment, Contractor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a 447
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waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Contractor shall ensure that third party shippers contracted by Contractor have adequate insurance coverage for the shipped Equipment.
Section 15. LIENS.
A. Contractor, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Equipment, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Contractor, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Contractor, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Contractor will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Contractor will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
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Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Contractor at any time refuse or fail to deliver the Equipment with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Contractor’s right to proceed with the delivery of the Equipment by written notice to Contractor. In such event City may obtain the Equipment by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Contractor. In such case Contractor will not be entitled to receive any further payments until the Equipment is delivered. If City’s cost of obtaining the Equipment, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Contractor will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Contractor’s right to proceed with the delivery of any portion or all of the Equipment by written notice to Contractor.
Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Contractor, and will not affect the obligations and duties of Contractor under the Agreement with respect to portions of the Equipment not terminated.
C. On receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Equipment terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Equipment and the placing of orders for materials, facilities, and supplies in connection with the Equipment,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Equipment which City deems necessary to preserve and protect those portions of the Equipment already in progress and to protect material, plant and equipment at the Equipment site or in transit to the Equipment site.
D. Upon termination pursuant to Section 16.B, Contractor will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Equipment already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7.C. 449
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Section 17. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: [***INSERT NAME & DEPARTMENT***]
CONTRACTOR:
Alliance Building Solutions, Inc.
12520 High Bluff Drive, Suite 345
San Diego, California 92130
Attn: Brad Chapman
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Contractor from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 450
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H. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
I. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
J. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
K. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
L. City’s Right to Employ Other Contractors. City reserves its right to employ other contractors in connection with the Equipment.
M. Compliance with Law. Contractor shall comply with all applicable laws and regulations of the federal, state and local government and shall be responsible for obtaining any required licenses, permits or certifications necessary to perform this Agreement. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of its performance of this Agreement.
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work being performed under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of work under this Agreement, including any delay, shall be Contractor’s sole responsibility and Contractor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1. 451
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N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Equipment specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Compliance with Funding Source Requirements. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
i. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (“ARPA”);
ii. CSLFRF Final Rule, codified at 31 CFR Part 35;
iii. CSLFRF Guidance on Recipient Compliance and Reporting Requirement, the most current version;
iv. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S.
Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
v. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; vi. Federal funding source requirements attached hereto as Exhibit “D” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between the Federal Contract Provisions and the Agreement and/or the provisions of state law and, except as otherwise required under federal law or regulation, the Federal Contract Provisions shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR EQUIPMENT PURCHASE AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
ALLIANCE BUILDING SOLUTIONS, INC.
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Phillip Burum
Deputy City Manager
Approved as to form:
Ruben Duran
City Attorney
By: _____________________________
Public Works Director
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer
Purchasing Office
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EXHIBIT “A”
EQUIPMENT SPECIFICATIONS
454
3 EQUIPMENT LISTING
Item Brand Model Quantity
1 WellAir Protect 900 (NV900) 325
2 WellAir Protect 200 (NV200) 325
3 WellAir Desk Stands 200
4 uHoo uHoo Aura Wall-Mounted Wifi 650
5 Installation WellAir Protect and Monitor 650
PROJECT LOCATION
The quantities are an estimate, and the final quantities will be determine before the first order is placed by the city. For a period of 12 months from the date of the purchase order, the awarded supplier will maintain the unit prices for each of the items if the City requests the extra equipment on an as-needed basis. Such as-needed purchases shall be ordered against a unique quote and purchase order.
Location Unit Quantities
City Hall DSO 120
City Hall East Annex 25
Community Service 60
Police Department 130
Public Works 25
Library 70
Senior Center 65
Art Depot 10
Civic Center Stage 15
Cypress Community Center 12
Don Day Community Center 10
Historical Society 2
455
4 Jessie Turner Aquatic Center 45
Haggen Police SUB 7
Heritage Community 18
Human Resource 18
Knopf Senior Center 8
Miller Community 10
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EXHIBIT “B”
DELIVERY SCHEDULE
457
The installation of this project will be
subcontracted out to Alliance Electrical Solutions
(AES), who is under the Alliance Companies
umbrella. AES is the electrical division within
Alliance that will provide turnkey implementation
services for this entire project. With over
combined 40 years of expertise and experience
self-performing all lighting and electrical work
translates to additional savings for the Customer.
AES holds its C-10 license.
The installation of the WellAir is very
straightforward and with the expertise of AES it
will have a very quick and streamlined process.
The same representatives mentioned above in
the previous section will be the main
representatives managing the installation
process including Jerry Gallego as the Field
Manager and Robby Bloss as the Senior Project
Manager and Cody Renwick as the Superintendent (for credentials please see above section B1). AES will run the install operations for both the WellAir and uHoo devices. The Protect 900 is wall mountable and only requires two anchors to be fixed on the wall, the device is then mounted onto the anchors. The uHoo Aura installation is dependent on the Cities I.T. infrastructure. AES will work closely with staff to provide the city all the proper support for a streamlines and seamless implementation of the devices.
SCHEDULE
The City of Fontana will be introduced to the project management team early in the project development process. The involvement, communication, and coordination between the project management team and City staff plays a vital role in a successful project implementation. The lead project manager will be involved in the entire project development and engineering process, including all preliminary meetings and site walks. This early involvement enables the project manager to have a thorough understanding of the City’s needs, scope specifications, timeline deadlines, staff preferences, and overall project implementation goals to ensure a very smooth and effective transition into project installation. 458
Once a scope is finalized and contracts have been executed, a project kick-off meeting will be held to begin the installation process. This will entail the following:
• Exchange of contact information kick-off meeting between city officials and ABS project management team
• Obtain site access information
o Keys
o Access Cars
o Operational Hours
• Gather additional site information
o Blueprints/Facility Layouts
o Fire-alarm Layouts
• Schedule final analysis site walks
Following kick-off meeting, ABS will schedule a final site walk with all subcontractors to confirm equipment/unit count specifications, equipment locations, and equipment details such as voltage, size, etc.
Project Implementation
The ABS implementation is approached in the outline below to guarantee a quality on time delivery with negligible disruptions to staff:
Program Plan
o Our team of experts will organize a master program that is coauthored with City staff that will put forth the best program at the most competitive costs with quick, quality, on time delivery.
Program Direction
o ABS will meet with City staff and outline essential roles, safety prerequisites, Code of Conduct principles, scope requirements, site access procedures, communication process’ and final schedules.
Program Implementation
o The ABS will work thoroughly with the implementation team to guarantee a smooth delivery. The execution is extremely important to ABS so we are dedicating Robby Bloss (principal) as the lead Project Manager who will be on site weekly and function as the Cities single point of contact. 459
Pre-Commissioning
o This will begin during the implementation as the measures are being installed. Start-up documentation is used as well as manual visual inspection to ensure proper operation. All manufacture guidelines are followed for calibration and tuning and will be verified.
Final Commissioning
o All unit performances will be verified monitored and recorded.
Project Scheduling
The City of Fontana will be provided with an installation schedule, also referred to as a Gantt Chart. This is the equipment installation breakout that will outline when each measure will be installed and at what sites. Here all installation deadlines and timelines will be provided. Any requested milestones or target completion dates from City staff will be incorporated in our implementation schedule. ABS will heavily coordinate with staff to fully understand and facility staffing schedules, facility hours of operation, holidays and other calendar items, along with any other simultaneous projects in order to create the most effective and efficient installation timeline.
Sample Schedule of Values
Sample Implementation Schedule
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Following the commencement of project installation, the project management team will hold update meetings. These update meetings can be held in time increments in accordance with the City’s discretion. These update meetings will involve short and long-term deadline progress reports, addressing any issues that arise since the previous meeting, clarification on any equipment installation specifications, and to give general project feedback. The project manager will be continuously on site throughout project installation with extensive oversight throughout all operations sitewide. In addition to a Gannt Chart, a schedule of values will be provided. The schedule of values will provide the City with a full breakdown of all project billings and invoices that will be submitted throughout the progression of project completion, correlating with the installation schedule. The schedule will entail the billing dollar amounts, projected dates that billings will be received, along with detailed descriptions of how many items are included in each submission.
Our internal account management, engineering, and project management teams are constantly reviewing and coordinating through every process from start to finish, assuring smooth transitions between stated project milestones.
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EXHIBIT “C”
FEE SCHEDULE
462
E: PRICING AMOUNT
* Sales tax already included in pricing
Item Brand Model Quantity Cost
1. WellAir Protect 900 325
$659,750
2. WellAir Protect 200 325 $316,875
3. WellAir Desk Stand 200
$59,600
4. uHoo Aura 650 $776,750
5. Installation
WellAir Protect 900 125
$18,750
6. Installation
Aura Aura 650
Price dependent on
customers IT
equipment/
requirements
$2,030 ea
$975 ea
$298 ea
$1,195 ea
$150 ea
TOTAL $1,831,725
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EXHIBIT “D”
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, the Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the Federal Contract Provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 464
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(iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the 465
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administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for 466
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liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 467
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(i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Contractor shall file with the City the Federal Standard Form 468
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LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
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(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations.
Records shall be maintained by Contractor for a period of five (5) years after completion of the project.
(b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
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(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and 471
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penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Hatch Act. If Contractor is a public agency, Contractor agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
(f) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (g) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 472
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(i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract, including, but not limited to, the following:
(i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
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(vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Contractor makes sub-awards to other agencies or other entities, Contractor is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
3. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 474
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(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
475
COMPARISON CHART
Spec/Bidder
1 Stop Wellness ‐ Vollara
Air Cleaning Systems ‐Ulitmatum Air Sniper Alen Corp Breathsmart 75i Alliance building Capital Business / Aura Air Greenworks Purewellness Technology Int.
Wall mountable Not Mentioned Yes Not Mentioned Not Mentioned Item is the NV900/NV200 Yes No Yes Item is the NV900/NV213Operating Temp 34‐10F Not Mentioned c Not Mentioned Item is the NV900/NV201 32‐104 F Not Mentioned Item is the NV900/NV214Operating Humidity Not Mentioned Not Mentioned Not Mentioned Not Mentioned Item is the NV900/NV202 Not Mentioned Not Mentioned Item is the NV900/NV215Electric input 100‐240vac 115 volt 110V ac Not Mentioned Item is the NV900/NV203 110‐240 V 120 V or 230 V Item is the NV900/NV216Power consumption low Not Mentioned Not Mentioned 7 watts Item is the NV900/NV204 Not Mentioned 11 watts Item is the NV900/NV217Power consumption high 69watts 6amps 45 watts Item is the NV900/NV205 Not Mentioned 46 watts Item is the NV900/NV218Speeds variable 4 10 5 Item is the NV900/NV206 Multiple 10 4 Item is the NV900/NV219CFM low 40 400,740 300 Not Mentioned Item is the NV900/NV207 206cfm 22cfm/49 cfm Item is the NV900/NV220CFM high 60 800,1000 800 Not Mentioned Item is the NV900/NV208 Not Mentioned 77 gal/sec 79cfm/150 cfm Item is the NV900/NV221Decibel low 45 41‐45 Not Mentioned 25 Item is the NV900/NV209 Not Mentioned 37/42 Item is the NV900/NV222Decibel hight 55 49‐59 Not Mentioned 49 Item is the NV900/NV210 Not Mentioned 49/59 Item is the NV900/NV223ISO 9001 Not Mentioned Not Mentioned Not Mentioned Not Mentioned Item is the NV900/NV211 Not Mentioned Not Mentioned Item is the NV900/NV224ISO 14001 Not Mentioned Not Mentioned Not Mentioned Not Mentioned Item is the NV900/NV212 Not Mentioned Not Mentioned Item is the NV900/NV225OHSAS 45001 Not Mentioned Not Mentioned Not Mentioned Not Mentioned Item is the NV900/NV213 Not Mentioned Not Mentioned Item is the NV900/NV226Air filtration Yes Yes Not Mentioned Yes No Yes Yes Yes NoHepa 99.97 .3microns + dust,mold, pollen bacteria Yes Yes Not Mentioned Yes No Yes Yes Yes NoParticle efficiency .3 microns + .3 microns + .3 microns + <.0001 micron .3 microns + .3 microns + .007 microns <.0001 micronCarbon filter Yes Not Mentioned Not Mentioned Not Mentioned No Yes Yes Yes No Designed to remove allergens, dust, pollen Yes Yes Not Mentioned Not Mentioned Yes Yes Yes Yes YesIonizer No Yes Appears so No Item is the NV900/NV213 Yes No Item is the NV900/NV226 Service area 500sq ft Not clear Not Mentioned 1300 sq ft Item is the NV900/NV213 350 m /hr 550 sq ft/1200 sq ft Item is the NV900/NV226UV light disinfection No No No No No Yes No No Air quality monitor No No No No No No No Yes Temtop No Nanostrike (patented tech) No No No No Yes No No Equavalent Yes Use 24/7 Not Mentioned Not Mentioned Not Mentioned Not Mentioned Yes Not Mentioned Equavalent YesSafe near vulnerable people Not Mentioned Not Mentioned Not Mentioned Not Mentioned Yes Not Mentioned Equavalent YesLow energy usage Not Mentioned No Yes Yes Yes Not Mentioned Equavalent YesRemove virus and bacteria Not Mentioned Not Mentioned Not Mentioned Not Mentioned Yes Yes Equavalent Yes Meet Purifier Specifications No No No No Yes No No No Yes 476
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1722 Agenda Date: 10/25/2022
Agenda #: N. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Award bid for Security Services SP-92-CW-22 for City Facilities RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a contract with American Global Security of Riverside, CA for a two-year period for a total aggregate amount not to exceed $1.95 Million, including options to extend the contract for three (3) additional one(1) year increments at the City’s sole discretion.
2. Approve and authorize the City Manager to execute any future amendments to the contract.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · To operate in a businesslike manner by becoming more service oriented.
DISCUSSION:
The City provides security services for the Metrolink site, Community Centers, Fontana Lewis Library & Technology Center, Special City Events, and On-Call Services. The current contract for security services will be expiring and a Request for Proposal (RFP) was conducted.
Purchasing Office issued an RFP for Security Services (SP-92-CW-22), 117 vendors were notified from the city's online bid system and ten (10) submitted proposals. Three (3) Fontana vendors were notified, and no Fontana vendor responses were received. The Purchasing Office reviewed the proposals based on the criteria outlined in the RFP. Of those ten (10), only the top four (4) vendors moved to the final phase of the evaluation.
Staff is recommending American Global Security to be awarded the contract for Security Services.
American Global Security provides Metrolink and library security for other agencies and recruits veterans for their operations team. Staff is impressed with American Global Security ability to tailor security services to the needs of each department.
FISCAL IMPACT:
Funds have been budgeted in the Community Services Department various programs, Public Works Department 10138202 and Police Department 10140100 budget units for Fiscal Year 2022/23. The remaining funds will be budgeted in future fiscal years.
City of Fontana Page 1 of 2 Printed on 10/20/2022
powered by Legistar™477
File #: 21-1722 Agenda Date: 10/25/2022
Agenda #: N. Category: Consent Calendar
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 10/20/2022
powered by Legistar™478
Firms Total Score
American Global Security 86%
Riverside, CA
American Guard Services 78%
Los Angeles, CA
Good Guard Security, Inc. 73%
San Bernardino, CA
Brapga Security Systems, Inc. 71%
West Covina, CA
Alltech Industries, Inc.fljflsdjf 70%
Monterey Park, CA
Inter-Con Security Systems, Inc. 61%
Pasadena, CA
Montano Security 60%
Los Angeles, CA
Command International Secuity Services 54%
Van Nuys, CA
Security Services
Evaluation
479
1 16498.00150\32126437.1
CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
SP-92-CW-22
This Agreement is made and entered into as of October 25, 2022 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and American Global Security, Inc., a Corporation with its principal place of business at 9420 Topanga Canyon, Suite 203, Chatsworth, California 91311 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
SECURITY SERVICES (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of 480
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such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from November 1, 2022 to October 31, 2024, renewable for three (3) additional one-year increments at the sole discretion of the City, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement 482
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(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. 484
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Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 486
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b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. 487
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Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Bryan Colindres as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, and or emailed addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sid Lambert
[email protected]
CONSULTANT:
American Global Security, Inc.
9420 Topanga Canyon, Suite 203
Chatsworth, California 91311
Attn: Nikolas Tartakovsky
[email protected]
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal 488
10 16498.00150\32126437.1
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall 489
11 16498.00150\32126437.1
have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
CONTRACT NO. SP-92-CW-22
SECURITY SERVICES
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
AMERICAN GLOBAL SECURITY, INC.
By:
Attest:
By:
Germaine McClellan Key
City Clerk
Approved as to form:
Best Best & Krieger LLP
City Attorney
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer
Purchasing Office
491
13 16498.00150\32126437.1
EXHIBIT A
Scope of Services
Request for Proposals SP-92-CW-22
492
14 16498.00150\32126437.1
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. 493
40 | P a ge
Section 5 – Pricing
COST PROPOSAL FOR UNARMED/ARMED SECURITY SERVICES
YEARS 1-3
Position
(Guard, Supervisor, etc.)
Location Fully Burdened
Hourly Billing Rate
Fully Burdened
Overtime/Holiday Rate
Unarmed Security Guard Metrolink Plaza $23.99 $35.99
Unarmed Security Guard Lewis Library and
Technology Center
$23.99 $35.99
Unarmed Security Guard Community
Center/Special
Events/Library Special
Events
$25.99 $38.99
Armed Security Guard Police Department
Armed Assistance
$32.99 $49.49
The Hourly Billing Rate above should be flat rates that include all wages, benefits, uniform costs, background checks, drug testing, orientation, training, allowances, and differentials.
First One Year Extension
Position
(Guard, Supervisor, etc.)
Location Fully Burdened
Hourly Billing Rate
Fully Burdened
Overtime/Holiday Rate
Unarmed Security Guard Metrolink Plaza $24.99 $37.49
Unarmed Security Guard Lewis Library and
Technology Center
$24.99 $37.49
Unarmed Security Guard Community
Center/Special
Events/Library Special
Events
$26.99 $40.49
Armed Security Guard Police Department
Armed Assistance
$33.99 $50.99
The Hourly Billing Rate above should be flat rates that include all wages, benefits, uniform costs, background checks, drug testing, orientation, training, allowances, and differentials. 494
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1808 Agenda Date: 10/25/2022
Agenda #: O. Category: Consent Calendar
FROM:
City Manager's Office
SUBJECT:
Authorize the City Manager to Execute an Agreement to Apply for a Community Transportation Needs Assessment (CTNA) Voucher.
RECOMMENDATION:
Authorize the City Manager to execute an agreement with EVGIDE Inc. to provide technical services and assistance related to applying for the Clean Mobility Options Voucher Pilot Program - Community Transportation Assessment Needs (CTNA) Voucher.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
One of the City of Fontana’s top priorities is expanding and investing in zero-emission transportation projects and infrastructure.
Clean Mobility Options (CMO) is statewide public program that empowers under-resourced communities across California to better understand and overcome mobility obstacles with vouchers that fund community needs assessments and clean, shared, zero-emission transportation projects.
CMO awards up to $100,000 vouchers to conduct “Community Transportation Needs Assessments” that help under-resourced communities identify and develop community-driven solutions that address their unique transportation needs.
This agreement will allow the City of Fontana to collaborate with EVGIDE Inc to conduct scope of work related to submitting a completed CTNA application with the Clean Mobility Options Voucher Pilot Program
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. If the City’s application is successful, EVGIDE will be provided a contingency fee in the amount of 60% of the total funding awarded.
MOTION:
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File #: 21-1808 Agenda Date: 10/25/2022
Agenda #: O. Category: Consent Calendar
Approve staff recommendation.
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INTAKE FORM
PROJECT TEAM PROFILE
This section collects information about the project team.
1. Lead applicant (“you” or “your”) general contact information: (write in) Organization Name: City of Fontana Authorized Officer Name: Robert Torres Lead Contact Name and Title:
Robert Torres, Public Affairs Manager
California-Based Affiliate Contact (if different
from the Lead Contact Name): Same
Person with Contract Signing Authority (if different from above):
Fontana City Council
Street Address: 8353 Sierra Ave
City: Fontana Zip Code: 92335
Phone: 909-538-0517 Email Address: [email protected]
Mailing Address (If different):
2. Please select your organization’s type:
(select one)
Public agency. The City of Fontana is a public agency.
497
EVGIDE INTAKE FORM
2 3. Do all partners included on your application team have full support and approval from decision-makers in their organization (e.g. Board of Directors, City Council, or other governing body, etc.) to participate in the project as proposed? Yes.
Conditional:
a. If any application team members still require approvals to participate in the project, please state which member, who has the authority to approve, the process for approval, and anticipated approval timelines.
None.
4. If your project area eligibility is based on location on tribal lands, please provide the name of the reservation, or if not part of a reservation, the address of the tribally owned facility.
N/A.
498
AGREEMENT BETWEEN
EVGIDE, INC.
And
_________________
MOBILITY AS A SERVICE ZERO EMISSIONS CAR SHARE PLATFORM COMMUNITY
TRANSPORTATION NEEDS ASSESSMENT VOUCHER APPLICATION PROPOSAL THIS AGREEMENT is made and entered into on the ________ day of October, 2022, by and between EVGIDE, INC., hereinafter referred to as “Consultant” and _____________________, hereinafter referred to as the “Client.”
This agreement is related to a proposal by EVGIDE, INC., to enter into a Consultant Agreement with __________________________, to serve a Sub-applicant and provide technical assistance and related support to submit an application for the Clean Mobility Options Voucher Pilot Program Community Transportation Needs Assessment Voucher.
EVGIDE is Mobility As A Service platform for zero emissions vehicle carsharing for utilization by community members at specified properties.
The proposal would include an agreement for Sub-applicant, EVGIDE or its designee to conduct scope of work related to submitting a completed Community Transportation Needs Assessment (CTNA) application for the Client in compliance with the CTNA Voucher Application for the Clean Mobility Option Pilot Program.
The agreement would require the Client or its designee to collaborate with EVGIDE to collect transportation data, demographic data and plan for on-site meetings to be determined at a future date.
Upon grant award, Sub-applicant would collaborate with Client to conduct the grant scope of work and complete the Community Transportation Needs Assessment.
EVGIDE, INC. CLIENT
By_____________________
Name:
Title:
By_____________________
Name:
Title:
City of Fontana
18th
the City of Fontana
the City of Fontana
Matt Ballantyne
Fontana City Manager
499
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1737 Agenda Date: 10/25/2022
Agenda #: A. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
Combined General Plan Amendments and Projects for the 3rd General Plan Cycle of 2022; Part No. 1 (Redesignation of 6th Cycle Housing Element Properties), and Part No. 2 (Citrus Avenue Residential Development)
RECOMMENDATION:
1.a Adopt Resolution No. 2022-128, (Part No. 1 of General Plan Amendment Cycle No. 3 of 2022,) a Resolution of the City Council of the City of Fontana, adopting an Addendum to the City of Fontana General Plan Environmental Impact Report (EIR) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 22-006 (Part No. 1 of General Plan Amendment Cycle No. 3 of 2022) amending the General Plan Land Use designation on one parcel of approximately 1.14 adjusted gross acres (APN: 0241-051-13) from General Commercial (C-G) to Multi-Family Medium High Density Residential (R-MFMH) and amending the General Plan Land Use designation on three parcels of approximately 3.06 adjusted gross acres (APN: 0241-051-02, -16 and -32) from Multi-Family Medium High Density Residential (R-MFMH) to General Commercial (C-G); and
1.b Read by title only and waive further reading of and introduce Ordinance No.1908, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 22-008 for an amendment to the Zoning Map changing the zoning designation of one parcel of approximately 1.14 adjusted gross acres (APN: 0241-051-13) from General Commercial (C-2) to Multi-Family Medium High Density Residential (R-4) and changing the zoning designation of three parcels of approximately 3.06 adjusted gross acres (APN: 0241-051-02, -16 and -32) from Multi-Family Medium High Density Residential (R-4) to General Commercial (C-2), and that the reading of the title constitutes the first reading thereof; and
2.a Adopt Resolution No. 2022-129, (Part No. 2 of General Plan Amendment Cycle No. 3 of 2022,) a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-008 (Part No. 2 of General Plan Amendment cycle No. 3 of 2022) amending the General Plan Land Use designation on approximately 4.6 adjusted gross acres (APN: 0240-011-17) from GeneralCommercial (C-G) to Multi Family Residential (R-MF) and removing the site from the Fontana auto center overlay, approving Tentative Tract Map No. 20521 (TTM No. 21-007) to establish 68 attached multi-family residential condominium units and approving Design Review No. 21-043 for the City of Fontana Page 1 of 6 Printed on 10/19/2022
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development of 68 attached multi-family units with amenities, landscaping and parking; and
2.b Read by title only and waive further reading of and introduce Ordinance No. 1909, an ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-0010 for changes to the Zoning District Map to change the zoning on one parcel (APN: 0240-011-17) from General Commercial (C-2) to Multi Family Residential (R-3), remove the parcel (APN: 0240-011-17) from the Fontana Auto Center Overlay and amend Section 30-639 Figure 1 of the Fontana Zoning Code to remove the project site from the Fontana Auto Center Overlay District and that the reading of the title constitutes the first reading thereof.
COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
DISCUSSION:
As required by state law, the City is limited to amending any element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. The first combined General Plan Amendment was approved by the City Council on February 8, 2022, and the Second Amendment to the General Plan was approved by the City Council on July 26, 2022. This will be the Third Combined General Plan Amendment for calendar year 2022.
This combined General Plan Amendment package includes two (2) General Plan Amendments and their associated projects which have been designated as Part No. 1, and Part No. 2 to ensure that the multiple General Plan Amendments are approved together, thereby counting as one (1) approval.
Below is a discussion of the two (2) projects included in this General Plan Amendment.
Discussion - Part No. 1 - Redesignation of 6th Cycle Housing Element Properties Location
The project includes two sites:
Site 1: One parcel located on the south side of Baseline Avenue, approximately 290 feet east of Juniper Avenue (APN 0241-151-13)
Site 2: Three parcels including 16835 Baseline Avenue (APN 0241-051-16), 16818 Montgomery Avenue (APN 0241-051-02) and 16844 Montgomery Avenue (APN 0241-051-32) City of Fontana Page 2 of 6 Printed on 10/19/2022
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File #: 21-1737 Agenda Date: 10/25/2022
Agenda #: A. Category: Public Hearing
Background
The project was considered by the Planning Commission at a duly noticed public hearing on October 4, 2022. The Planning Commission voted (3-0) to adopt Resolution PC No. 2022-041, thereby forwarding a recommendation of approval to the City Council.
Project Description/Analysis
On February 8, 2022, the City Council approved zoning and general plan amendments to accommodate the 2021-2029 RHNA allocation, as issued by HCD and SCAG. The amendments were made for parcels throughout the City to ensure there is sufficient capacity for residential units to potentially be developed. Subsequent to approval of the amendments, it was realized that the land use designations of Sites 1 and 2 were changed in error.
The proposed modifications would modify the subject sites and make them consistent with adjacent parcels. This proposal would change Site 1 from its current C-2/C-G designations to R-4/R-MFMH, making it consistent with the two (2) adjacent parcels under the same ownership which remained R4/R-MFMH. This proposal would change Site 2 to from R-4/R-MFMH to C-2/C-G, making it consistent with the adjacent parcels under the same ownership which remain C-2/C-G.
General Plan Amendment (No. 22-006):
The General Commercial (C-G) land use designation allows for the development of retail, malls, wholesale, auto dealerships, and offices, including medical offices and clinics, that can serve a broader, regional population.
The Multi-Family Medium/High Density Residential (R-MFMH) land use designation allows for a higher density multi-family development with a density range of 24.1 to 39 dwelling units per acre.
Typical development in this residential category would include mixed- use or multifamily housing such as condominiums, townhomes and apartments.
As previously stated, the proposed General Plan Amendment updates the General Plan land use map to change the General Plan land use designation on Site 1 from C-G to R-MFMH and Site 2 from R-MFMH to C-G as shown on Exhibit “A” to Attachment No. 1.
Zone Change Amendment (No. 22-008):
The proposed zone change update will change the zoning on Site 1 from General Commercial (C-2) to Multi-Family Medium/High Density Residential (R-4). Site 2 will be rezoned Multi-Family Medium/High Density Residential (R-4) to General Commercial (C-2) as shown on Exhibit “A” to Attachment No. 2, the proposed changes implement the goals and policies of the General Plan and are consistent with GPA No. 22-006, as required under State law.
Analysis
As referenced above, the City Council approved General Plan Amendment No. 21-007 and Zone Change No. 21-008 on February 8, 2022. This provided the potential for 25,582 housing units, which satisfied and exceeds the City’s RHNA allocation of 17,519 housing units and recognizes that all property owners may not be interested in or able to develop their land within the next eight years.
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Agenda #: A. Category: Public Hearing
property owners may not be interested in or able to develop their land within the next eight years.
With the proposed general plan and zoning land use designations for Sites 1 and 2, there is a net loss of 60 units. The proposed changes will not impede on the City’s ability to meet the RHNA allocation as the reduction in potential units is not significant and still exceeds the City’s RHNA allocation by 8,003 units.
As stipulated by Senate Bill 330 (the Housing Crisis Act of 2019) legislation, any change to the land use designation of a parcel which reduces the residential land use density (as allowed under the general plan and zoning in effect on January 1, 2018), must also replace those loss units. In this case, all parcels identified as part of this application were designated General Commercial (C-G general plan land use designation/C-2 zoning designation) as of January 1, 2018. Therefore, replacement of units is not required.
Environmental
Pursuant to Sections 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on November 13, 2018 and anticipated the proposed project and adequately identified any potential impacts associated with this project; therefore, a Notice of Determination has been prepared. Below is a link to the Addendum to the City of Fontana General Plan EIR:
<https://www.fontana.org/2632/General-Plan-Update-2015---2035>.
Discussion - Part No. 2 - Citrus Avenue Residential Development Background
The project was considered by the Planning Commission at a duly noticed public hearing on October 4, 2022. The Planning Commission voted (3-0) to adopt Resolution PC No. 2022-043, thereby forwarding a recommendation of approval to the City Council.
Project Description/Analysis
The applicant, PRL Enterprises, is proposing a General Plan Amendment, Zoning Map Amendment, and development plans for a 68-unit condominium project on approximately 4.6 gross acres. The project site is located near the corner of Citrus Avenue and South Highland Avenue on one (1) vacant parcel. A Tentative Tract Map has been submitted to allow the developer to sell each unit individually as condominiums and a Design Review application was submitted for the development of 68 attached multi-family residential units with proposed three (3) bedrooms ranging from 1,422 to 1,554 square feet. The proposed attached multi-family units are in buildings of four (4) to six (6) units. A Contemporary Craftsman theme is proposed with architectural features such as thick window frames, dormers, shutters, carriage lights and wood siding. Additionally, recreational amenities are being proposed throughout the project area with a tot lot, lawn areas, Bar-B-Que area, dog park, corn hole gaming area and paseos. This project requires a General Plan and Zoning Code amendment as detailed below.
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General Plan Amendment No. 21-008 and Zone Code Amendment No. 21-010 The current General Plan and Zoning land use designations do not allow for residential uses.
Therefore, the applicant is requesting to change the General Plan land use designation from General Commercial (C-G) to Multi Family Residential (R-MF) and removing the project site from the Fontana Auto Center Overlay District. The Zoning District must also be modified from General Commercial (C2) to Multi Family (R-3). Figure 1, the Fontana Auto Center Overlay District Planning Area Boundaries Map, in Section 30-639 of the Zoning and Development Code is being updated to remove the project site from the Overlay District. This would allow the development of multi-family homes with various amenities on the project site.
The Fontana Zoning and Development Code requires that the City Council find that this zone change promotes the goals of the General Plan. The parcels to the south, west and east are single-family homes and are zoned (R-1). This proposed zone change will be consistent with current existing zoning in the area and will support the quality of life in the community and is compatible with, and enhances the built environment as cited in the General Pan (Chapter 15, Goal No. 1 and Goal No. 2) page 15-18 and page 15-34:
Goal No. 1 “The Strategic Policy Map and the Future Land Use Map guide land-use decision making”.
Goal No. 2 “Fontana development patterns support a high-quality of life and economic prosperity”.
This amendment to the General Plan Land Use Map and the Zoning District Map will accomplish the goals of the General Plan and the Fontana Zoning and Development Code. For reference, the existing and proposed General Plan land use designations are attached under separate cover and show the configuration and relationships of the proposed land uses.
Tentative Tract Map No. 20521 (TTM No. 21-007)
The proposed Tentative Tract Map No. 20521 (TTM No. 21-007) is a request to allow the proposed 68 multi-family units to be established as condominium units to be sold separately. The project has proposed walkway paseos, private park space, outdoor parking and two-entry driveways.
Design Review No. 21-043
The applicant is proposing high-quality architecture, which is identified as “Contemporary Craftsman” style which will be utilized on all 68 units (i.e. the entire development). Fourteen (14) two (2) story buildings are proposed for these condominium units. Architectural features include concrete tiles, wide window frames, window shutters, wood siding, roof mounted windows, accent fascia, stone veneer and carriage lights. Also, proposed is a variety of buildings with different color schemes to add variety to the design. Units are proposed with three (3) bedrooms, a kitchen, two (2) car garage, storage space, washer and dryer room and private patio area for each unit.
An entry statement is proposed along Citrus Avenue and the entryway will have dense landscaping, and decorative paving. Amenities include a cornhole gaming area, tot lot, lawn area and Bar-B-Que area in a centralized location. Additionally, a paseo is proposed along the exterior of the site within the rear and side setback areas. Two (2) additional open space areas are planned within along the City of Fontana Page 5 of 6 Printed on 10/19/2022
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the rear and side setback areas. Two (2) additional open space areas are planned within along the eastern portion of the site with a cornhole gaming area and dog park.
Environmental
An Initial Study (IS) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA). Based on the information in the IS, no significant impact is anticipated as a result of project implementation, with mitigation incorporated, and a Mitigated Negative Declaration has been prepared per Section 15070 of the CEQA and per Section 6.04 of the City of Fontana 2019 Local Guidelines for Implementing the California Environmental Quality Act. The pertinent CEQA environmental documents have been attached under separate cover and can also be viewed at <https://www.fontana.org/2137/Environmental-Documents>
FISCAL IMPACT:
Part No. 1 - None
Part No. 2 - None
MOTION:
Approve staff’s recommendation
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ATTACHMENT NO. 2
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
ADOPTING AN ADDENDUM TO THE CITY OF FONTANA GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT (EIR) AND SECTION 8.06 OF THE 2019 LOCAL GUIDELINES FOR IMPLEMENTING CEQA, AND
DIRECTING STAFF TO FILE THE NOTICE OF DETERMINATION AND APPROVING GENERAL PLAN AMENDMENT NO. 22-006 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 3 OF 2022) AMENDING
THE GENERAL PLAN LAND USE DESIGNATION ON ONE PARCEL OF
APPROXIMATELY 1.14 ADJUSTED GROSS ACRES (APN: 0241-051- 13) FROM GENERAL COMMERCIAL (C-G) TO MULTI-FAMILY MEDIUM
HIGH DENSITY RESIDENTIAL (R-MFMH) AND AMENDING THE
GENERAL PLAN LAND USE DESIGNATION ON THREE PARCELS OF
APPROXIMATELY 3.06 ADJUSTED GROSS ACRES (APNS: 0241-051- 02, -16 AND -32) FROM MULTI-FAMILY MEDIUM HIGH DENSITY
RESIDENTIAL (R-MFMH) TO GENERAL COMMERCIAL (C-G)
WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and
WHEREAS, the combined staff report includes two (2) General Plan amendments associated with MCN21-068 (Redesignation of 6th Cycle Housing Element Properties), and MCN21-120 (Citrus Avenue Residential Development) as part of one motion to comply with state law; and
WHEREAS, on October 4, 2022, the Planning Commission received a staff report and all the information, evidence, and public testimony and recommended approval to the City Council of a General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008; and
WHEREAS, on October 25, 2022, the City Council received a staff report and all the information, evidence, and public testimony and approved General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008; and
WHEREAS, the City Council finds that the proposed update to the General Plan map (Exhibit A) and Zoning Map are compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan and Zoning Map; and WHEREAS, General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008 are consistent with the goals and polices of the General Plan; and WHEREAS, on October 4, 2022, the Planning Commission received public testimony and evidence presented by City staff at the Public Hearing held with respect hereto on General Plan Amendment No. 22-006 and Zone Change Amendment No. 22- 506
Resolution No. 2022-_____
008 and recommended approval (with a 3-0 vote) to the City Council by Resolution No. 2022-041; and
WHEREAS notices required by statute of the Fontana City Code have been given as required; and
WHEREAS, the City Council conducted a noticed public hearing on General Plan Amendment No. 22-006 and Zoning Code Amendment No. 22-008 and received testimony from any and all parties, including the staff report and attached supporting documents from the Planning Commission public hearing on October 25, 2022; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred; and
WHEREAS, the proposed General Plan Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, all parcels identified as part of this application were designated General Commercial (C-G General Plan land use designation/C-2 zoning designation) as of January 1, 2018 and replacement of units under SB 330 is therefore not required; and WHEREAS, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) which was adopted by the City Council on November 13, 2018 has been prepared for this proposed project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 22-006, the testimony received, and the supporting documents in evidence, the City Council found that the proposed project is in conformance with the goals and policies of the General Plan; and WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:
Section 1. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum has been completed in compliance with the State CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
507
Resolution No. 2022-_____
Section 2. Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council, the Commission finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the City Council.
Section 3. The City Council hereby adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 4. This Resolution shall take effect immediately after the City Council approval of General Plan Amendment No. 22-006 (GPA No. 22-006), provided however, if the Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect.
Section 5. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-006 (GPA No. 22-006) in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The proposed General Plan Amendment would update the General Plan land use map to redesignate a one acre site generally located 290 feet east of Juniper Avenue (Accessor Parcel Number 0241- 051-13) from General Commercial (C-G) to Multi-Family
Medium/High Residential (R-MFMH) and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential (R-MFMH) to General Commercial (C-G). All these changes are shown as part of Exhibit “A” and are required to accommodate development applications received on the associated project sites that will provide the opportunity for further residential and commercial development, which will provide services and amenities to the community and contribute to the enchancement and growth of the area.
508
Resolution No. 2022-_____
Section 6. Based on the foregoing, the City Council of the City of Fontana hereby approves GPA No. 22-006 subject to the findings in Sections 1 through 6 herein to this Resolution and incorporated herein by this reference.
Section 7. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
APPROVED on this 25
th day of October 2022.
READ AND APPROVED AS TO LEGAL FORM;
City Attorney
ATTEST:
I, Germaine McClellan Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on October 25, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
509
Resolution No. 2022-_____
“EXHIBIT A”
510
Resolution No. 2022-_____
511
ATTACHMENT NO. 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF FONTANA,
APPROVING AN AMENDMENT TO THE ZONING MAP CHANGING THE
ZONING DESIGNATION OF ONE PARCEL OF APPROXIMATELY 1.14
ADJUSTED GROSS ACRES (APN: 0241-051-13) FROM GENERAL
COMMERCIAL (C-2) TO MULTI-FAMILY MEDIUM HIGH DENSITY
RESIDENTIAL (R-4) AND CHANGING THE ZONING DESIGNATION OF THREE PARCELS OF APPROXIMATELY 3.06 ADJUSTED GROSS ACRES (APN: 0241-051-02, -16 AND -32) FROM MULTI-FAMILY MEDIUM HIGH DENSITY RESIDENTIAL (R-4) TO GENERAL COMMERCIAL (C-2),
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. On October 4, 2022, the Planning Commission conducted a duly noticed public hearing on Zone Change No. 22-008, received testimony and information from any and all parties, and recommended its approval to the City Council by resolution.
Section 2. After publication of notices, the City Council of the City of Fontana, California conducted a public hearing on Zone Change No. 22-008.
Section 3. Based on the information presented to the City Council at the public hearing held for Zone Change No. 22-008, on October 25, 2022, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan.
Section 4. Zone Change No. 22-008 is consistent with the goals and policies of the City of Fontana, General Plan by providing high quality residential development.
Section 5. All parcels identified as part of this application were designated General Commercial (C-G General Plan land use designation/C-2 zoning designation) as of January 1, 2018 and replacement of units under SB 330 is therefore not required.
Section 6. Based on the information in the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199), an Addendum has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA.
Section 7. The City Council approves Zoning District Map Amendment (Zoning Change) No. 22-008 to amend the zoning designation for Site 1 (APN: 0241-051- 512
Ordinance No. ___
130) consisting of an acre from General Commercial (C-2) to Multi-Family Medium/High Residential (R-4) and for Site 2 (APNs: 0241-051-16, 0241-051- 02, and 0241-051-32) consisting of three acres from Multi-Family Medium/High Residential (R-4) to General Commercial (C-2) as shown in Exhibit “A”, attached hereto and by this reference incorporated.
Section 8. This Ordinance shall take effect thirty (30) days after the date of the adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 25th day of October 2022.
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25
th day of October, 2022, and was finally passed and adopted not less than five days thereafter on December 13, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
513
Ordinance No. ___
“EXHIBIT A”
514
Ordinance No. ___
515
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1736 Agenda Date: 10/4/2022
Agenda #: PH-A Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 22-068; General Plan Amendment No. 22-006 and Zone Change No. 22-008 - A request to amend the general plan land use map and zoning district map in order to provide consistence and cohesiveness for parcels 0241-051-02, -13, -13 and -32 and development sites in the immediate vicinity. (Continued from September 20, 2022) RECOMMENDATION:
Based on the information contained in this staff report and attached Exhibits, staff recommends that the Planning Commission adopt Resolution No. PC 2022-____; and forward a recommendation to the City Council to:
1. Determine that the project has been reviewed under a previous Final Environmental Impact Report, pursuant to Sections 15162 and 5164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016021099); and
2. Adopt a Resolution approving General Plan Amendment No. 22-006; and
3. Adopt an Ordinance approving Zone Change No. 22-008.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
The project includes two sites:
Site 1: One parcel located on the south side of Baseline Avenue, approximately 290 feet east of Juniper Avenue (APN 0241-151-13)
Site 2: Three parcels including 16835 Baseline Avenue (APN 0241-051-16), 16818 Montgomery Avenue (APN 0241-051-02) and 16844 Montgomery Avenue (APN 0241-051-32) REQUEST:
General Plan Amendment No. 22-006 - A request to update General Plan land use map as described below:
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Site 1 - Change the land use designation from General Commercial (C-G) to Multi-Family Medium/High Density Residential (R-MFMH)
Site 2 - Change the land use designation from Multi-Family Medium/High Density Residential (RMFMH) to General Commercial (C-G) Zone Change No. 22-008 - A request to update the Zoning District Map as described below:
Site 1 - Change the zoning from General Commercial (C-2) to Multi-Family Medium/High Density Residential (R-4)
Site 2 - Change the zoning from Multi-Family Medium/High Density Residential (R-4) to General Commercial (C-2)
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
· The 2015-2035 General Plan was approved by the City Council on November 13, 2018. · One February 8, 2022, the City Council voted unanimously (5-0) approving General Plan Amendment No. 21-007 and Zone Change No. 21-008 to update the General Plan land use map and Zoning District Map to change the general plan land use designation and zoning on multiple properties throughout the City of Multi-Family Medium/High Density Residential (RMFMH/R-4) and Multi-Family High Density Residential (R-MFH/R-5). Additionally, the boundary for the “R-4 Overlay” was designated. These amendments were made to accommodate the 2021-2029 Regional Housing Needs Allocation (RHNA) allocation, as issued by the department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
· On February 8, 2022, the City Council approved zoning and general plan amendments to accommodate the 2021-2029 RHNA allocation, as issued by HCD and SCAG. The amendments were made for parcels throughout the City to ensure there is sufficient capacity for residential units to potentially be developed. Subsequent to approval of the amendments, it was realized that Sites 1 and 2 were changed in error.
PROJECT DESCRIPTION:
On February 8, 2022, the City Council approved zoning and general plan amendments to accommodate the 2021-2029 RHNA allocation, as issued by HCD and SCAG. The amendments were made for parcels throughout the City to ensure there is sufficient capacity for residential units to potentially be developed. Subsequent to approval of the amendments, it was realized that Sites 1 and 2 were changed in error.
The proposed modifications would modify the subject sites and make them consistent with adjacent parcels. This proposal would change Site 1 from its current C-2/C-G designations to R-4/R-MFMH, making it consistent with the two (2) adjacent parcels under the same ownership which remained RCity of Fontana Page 2 of 4 Printed on 9/28/2022 powered by Legistar™5172
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making it consistent with the two (2) adjacent parcels under the same ownership which remained R4/R-MFMH. This proposal would change Site 2 to from R-4/R-MFMH to C-2/C-G, making it consistent with the adjacent parcels under the same ownership which remain C-2/C-G.
General Plan Amendment No. 22-006:
The General Commercial (C-G) land use designation allows for the development of retail, wholesale, auto dealerships and offices, including medical offices and clinics, that can serve a broader, regional population.
The Multi-Family Medium/High Density (R-MFMH) land use designation allows for a higher density multi-family development with a density range of 24.1 to 29 dwelling units per acre. Typical development in this residential category would include mixed-use or multi-family housing such as condominiums, townhomes and apartments.
As previously stated, the proposed General Plan Amendment updates the General Plan land use map to change the general plan land use designation on Site 1 from C-G to R-MFMH and Site 2 from R-MFMH to C-G.
Zone Change No. 22-008:
The proposed zone change will change the zoning on Site 1 from General Commercial (C-2) to MultiFamily Medium/High Residential (R-4). Site 2 will be rezoned from Multi-Family Medium/High Density Residential (R-4) to General Commercial (C-2). The proposed changes implement the goals and polices of the General Plan and are consistent with General Plan Amendment No. 22-006, as required by State law.
ANALYSIS:
As referenced above, the City Council approved General Plan Amendment No. 21-007 and Zone Change No. 21-008 on February 8, 2022. This provided the potential for 25,582 housing units, which satisfied and exceeds the City’s RHNA allocation of 17,519 housing units and recognizes that all property owners may not be interested in or able to develop their land within the next eight years.
With the proposed general plan and zoning land use designations for Sites 1 and 22, there is a net loss of 60 units. Table A below provides a breakdown of the number of housing units gained, lost, and the net total number of units. The proposed changes will not impede on the City’s ability to meet the RHNA allocation as the reduction in potential units is not significant and still exceeds the City’s RHNA allocation by 8,003 units.
As stipulated by Senate Bill 220 (the Housing Crisis Act of 2019) legislation, any change to the land use designation of a parcel which reduces the residential land use density (as allowed under the general plan and zoning in effect on January 1, 2018), must also replace those loss units. In this case, all parcels identified as part of this application were designated General Commercial (C-G City of Fontana Page 3 of 4 Printed on 9/28/2022
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case, all parcels identified as part of this application were designated General Commercial (C-G general plan land use designation/C-2 zoning designation) as of January 1, 2018. Therefore, replacement of units is not required.
Environmental Finding:
Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an addendum to the comprehensive update to the General Plan (Fontana Forward General Plan Update 2015-2035 Final Environmental Impact Report (FEIR), State Clearinghouse No. 2016021099, dated August 10, 2018, has been prepared for the proposed project and adequately identified any potential impacts associated with this project. The proposed project does not represent significant changes to the approved FEIR related to CEQA since it does not change the assumptions, analysis, conclusions or mitigation. The components of the proposed project do not alter the EIR project’s significance conclusions or represent significant new information. Additionally, the proposed project does not require major revisions to the aforementioned EIR, does not lead to new significant environmental effects, or does not lead to substantial increase in the severity of previously identified significant effects. The proposed project does not trigger any of the conditions that warrant preparation of a Subsequent EIR. Therefore, an Addendum to the EIR has been prepared for this proposed project and no further/additional CEQA review is required. Therefore, a Notice of Determination has been prepared. Below is a link to the City of Fontana General Plan EIR:
<https://www.fontana.org/2632/General-Plan-Update-2015---2035> MOTION:
Approve staff’s recommendation
ATTACHMENTS:
1. General Plan Amendment Exhibit
2. Zoning Amendment Exhibit
3. Project Aerial Map
4. Planning Commission Resolution
5. Addendum to the General Plan EIR
6. Public Hearing Notice
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ATTACHMENT NO. 1
`
N
GENERAL PLAN
EXHIBIT
DATE: October 4, 2022
CASE: Master Case No. 22-068
General Plan No. 22-006
Zone Change No. 22-008
Existing General Plan Land Use Designation
Site 1: General Commercial (C-G)
Site 2: Multi-Family Medium High (R-MFMH)
Prposed General Plan Land Use Designation
Site 1: Multi-Family Medium High (R-MFMH)
Site 2: General Commercial (C-G)
CITY OF FONTANA PLANNING DEPARTMENT
N
Site 1:
R-MFMH
Site 1:
C-G
Site 2:
R-MFMH
Site 2:
C-G
5205
ATTACHMENT NO. 2
N
ZONE CHANGE
EXHIBIT
DATE: October 4, 2022
CASE: Master Case No. 22-068
General Plan No. 22-006
Zone Change No. 22-008
Existing Zoning Designation
Site 1: General Commercial (C-2)
Site 2: Multi-Family Medium High Residential (R-4)
Proposed Zoning Designation
Site 1: Multi-Family Medium High Residential (R-4)
Site 2: General Commercial (C-2)
CITY OF FONTANA PLANNING DEPARTMENT
N
Site 2:
R-4
Site 1:
C-2
Site 1:
R-4
Site 2: C-2
5216
ATTACHMENT NO. 3
5227
ATTACHMENT NO. 4
RESOLUTION PC NO. 2022-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION APPROVING GENERAL PLAN AMENDMENT 22-006
AND ADOPT AN ORDINANCE APPROVING ZONE CHANGE NO. 22-
008.
WHEREAS, MCN22-068 is a request to recommend to the City Council approval of General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008 as detailed below:
1. General Plan Amendment No. 22-006 to amend the General Plan land use map to redesignate a one-acre site located on the south side of Baseline Road approximately 290 feet east of Juniper Avenue (Accessor Parcel Number 0241- 051-13) from General Commercial (C-G) to Multi-Family Medium/High Residential (R-MFMH) and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential (R-MFMH) to General Commercial (C-G).
2. Zone Change No. 22-008 to update the Zoning District Map to redesignate the zoning on a one-acre site (Accessor Parcel Number 0241-051-13) from General Commercial (C-2) to Multi-Family Medium/High Residential (R-4) and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, - 16, and -32) from Multi-Family Medium/High Residential (R-4) to General Commercial (C-2).
Project Applicant: City of Fontana, Planning Department Project Location: Assessor Parcel Numbers 0241-051-02, -13, -16 and -32 WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, the proposed General Plan Amendment and Zone Change are considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, the 2015-2035 General Plan was approved by City Council on November 13, 2018 and included the Certification of an Environmental Impact Report (State Clearinghouse No. 2016021099) that analyze all potential adverse environmental impacts pursuant to the California Environmental Quality Act (Pub. Res.
Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) :and
5238
Resolution PC No. 2022-____
WHEREAS, On February 8, 2022, the City Council voted unanimously (5-0) approving General Plan Amendment No. 21-007 and Zone Change No. 21-008, changing the General Plan land use designation and zone change of approximately 160 properties within the City to zoning that would allow development of affordable multi-family housing consistent with the adopted 2021-2029 Housing Element; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and WHEREAS, by way of preparation of an addendum for each project site, staff evaluated the proposed projects in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA by preparing an Initial Study and accompanying technical reports (Addendum); and WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Proposed Projects, and therefore, no subsequent EIR or mitigated negative declaration is required; and WHEREAS, pursuant to State CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the FEIR; and
WHEREAS, all of the notices required by statute or the City Municipal Code have been given as required; and
WHEREAS, General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008 are consistent with the goals and polices of the General Plan; and,
WHEREAS notices required by statute of the Fontana City Code have been given as required; and
WHEREAS, on September 20, 2022, the Planning Commission received a staff report and all the information, evidence, and public testimony and considered General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008; and WHEREAS, the Planning Commission finds that the proposed update to the General Plan Map and the Zoning Map will be in conformity with good land use practice and is intended to facilitate ease of use and understanding, as well as to establish appropriate development standards and land use designations; and, WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed project, including the staff report, findings, and all the 5249
Resolution PC No. 2022-____
information, evidence, and testimony presented at its public hearing on September 20, 2022; and,
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Compliance with California Environmental Quality Act. As the decision-making body for the Project, the Planning Commission has reviewed and considered the comprehensive update to the General Plan (Fontana Forward General Plan Update 2015-2035 Final Environmental Impact Report, State Clearinghouse Number 2016021099, dated August 10, 2018), any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project.
The Planning Commission finds that the Addendum to the FEIR contains a complete and accurate reporting of all of the environmental impacts associated with the Project.
The Planning Commission further finds that the Addendum has been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the City of Fontana General Plan EIR, and all related information presented to the Planning Commission, the Commission finds that the Projects of the proposed land use designations and zoning were adequately analyzed in the City of Fontana General Plan EIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan EIR is the appropriate document for each project.
The Planning Commission further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:
A. Will not result in substantial changes that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. Will not result in substantial changes with respect to the circumstances under which the Proposed Projects are developed that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the 52510
Resolution PC No. 2022-____
time the City of Fontana General Plan EIR documents were certified showing any of the following:
(i) The proposed Project would have one or more significant effects not discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
Section 4. Findings on Environmental Impacts. Having considered the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the Planning Commission, the Commission finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR. The Planning Commission finds that no new or additional mitigation measures or alternatives are required. The Planning Commission further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR.
Section 5. Adoption of the Addendum to the City of Fontana General Plan EIR.
The Planning Commission hereby recommends to the City Council adoption of the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 6. Recitals. The above recitals are incorporated herein by reference.
Section 7. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 22-006 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The proposed General Plan Amendment is to update the General Plan land use map to redesignate a one acre site generally located 290 feet east of Juniper Avenue (Accessor Parcel Number 0241-051-13) from General Commercial (C-G) to Multi-Family 52611
Resolution PC No. 2022-____
Medium/High Residential (R-MFMH) and redesignate a threeacre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor
Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential (R-MFMH) to General Commercial (CG). All these changes are shown as part of Exhibit “A” and are required to correct an error made as part of land use designation amendments made to accommodate the Regional Hosing Needs Allocation (RHNA) as required by the California Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). Additionally, the changes shown in Exhibit “A” will create consistency among parcels under common ownership and will accommodate a
development application we received on one of the associated project sites.
Section 8. The City of Fontana Planning Commission hereby makes the following findings for Zone Change No. 22-008 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: This zone change is to update the Zoning District Map to redesignate the zoning on a one-acre site generally located 290 feet east of Juniper Avenue(Accessor Parcel Number 0241-051- 13) from General Commercial (C-2) to Multi-Family Medium/High Residential (R-4) and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and
16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential (R-4) to General Commercial (C-2). All these changes are shown as part of Exhibit “B” and are required to correct an error made as part of land use designation amendments made to accommodate the Regional Hosing Needs Allocation (RHNA) as required by the California Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). Additionally, the changes shown in Exhibit “B” will create consistency among parcels under common ownership and will accommodate a development application we received on one of the associated project sites.
52712
Resolution PC No. 2022-____
Section 9. The Planning Commission hereby recommends approval of General Plan Amendment No. 22-006 and Zoning Change No. 22-008, subject to the Findings listed in Sections 7 through 8. Based on the foregoing, the City of Fontana Planning Commission recommends that the City Council adopts a resolution adopting the Addendum to the City of and direct staff to file the Notice of Determination and approving General Plan Amendment No. 22-006 and Zoning Change No. 22-008 subject to the findings as indicated herein.
Section 10. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
Section 11. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 20th day of September 2022.
City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 20th day of September 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Idilio Sanchez, Secretary
52813
GENERAL PLAN AMENDMENT NO. 22-006 AND ZONE CHANGE NO. 22-008
ADDENDUM TO THE
FONTANA FORWARD
GENERAL PLAN UPDATE 2015-2035
City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, California 92335
September 20, 2022
ATTACHMENT NO. 5 52914
September 2022 Environmental Analysis
2 INTRODUCTION
Introduction and Purpose
In 2018, the City of Fontana certified a final EIR for a comprehensive update to the General Plan (Fontana Forward General Plan Update 2015-2035 Final Environmental Impact Report, State Clearinghouse Number 2016021099, dated August 10, 2018). The certified EIR discussed the potential environmental impacts (both direct and indirect impacts) on various resources associated with future development allowed under the General Plan update and included a thorough analysis of the estimated build out of the City through the horizon year 2035. The EIR estimated new development for residential, commercial, and industrial uses throughout the City.
According to the Draft EIR for Fontana Forward, Fontana’s population in 2035 is forecasted to be 269,066 people in 70,560 households, which is an increase from the 2016 population by almost 60,000 people, or about 17,200 households. The General Plan buildout plans for approximately 95 million square feet of new commercial and industrial development. The EIR found that, with implementation of the policies and programs contained in the General Plan and recommended mitigation measures, all impacts (direct and indirect) associated with future development under the General Plan update would be less than significant.
On February 8, 2022, the City Council approved zoning and general plan amendments to implement the policies of the 2021-2029 Housing Element and accommodate the City’s 2021-2029 Regional Housing Needs Allocation (RHNA). In connection with that action, the City prepared an Addendum to the Fontana Forward General Plan Update 2015-2035 EIR.
The City has subsequently determined that one parcel (“Site 1”) that should have been included in the February 2022 GPA/rezone was inadvertently omitted and that three parcels (“Site 2”) that were included GPA/rezone should not have been. The proposed GPA and Zone Change (“Project”) would correct those issues by returning Site 2 to its preexisting GP designation and zoning (General Commercial) and by designating/zoning Site 1 for multifamily use.
The City, as the Lead Agency, has determined that the proposed project is subject to CEQA Guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). This Addendum to the General Plan (Fontana Forward General Plan Update 2015-2035 Final Environmental Impact Report, State Clearinghouse Number 2016021099has been prepared by the City to analyze the potential impacts associated with the Project and satisfy the requirements of CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration.
Statutory Authority and Requirements
CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR:
a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. 53015
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3 b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to Subsequent EIRs:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 53116
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4 (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
CEQA Compliance
CEQA Guidelines Section 15164 allows preparation of an Addendum to a previously certified EIR if only minor technical changes or additions are necessary, but none of the conditions calling for preparation of a Subsequent EIR have occurred. The City has determined that the proposed Project does not necessitate any changes/additions to the Fontana Forward EIR, and none of the conditions calling for preparation of a Subsequent EIR have occurred for the following reasons:
The proposed Project does not require major revisions to the EIR. No new significant environmental effect or substantial increase in the severity of previously identified significant effects would occur with implementation of the proposed Project. Substantial changes have not occurred with respect to the circumstances under which the proposed Project would be undertaken. Thus, revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects are not required.
The new available information does not show the proposed Project would have any new significant effects not already analyzed in the EIR, or that the significant effects previously examined would be substantially more severe than shown in the EIR.
Since the proposed Project does not trigger any of the conditions that warrant preparation of a Subsequent EIR, the City has determined that preparation of an Addendum is appropriate.
Incorporation by Reference
The documents outlined below, which were utilized during preparation of this Addendum and has been incorporated by reference. These documents are available for public inspection at the City Planning Department at 8353 Sierra Avenue, Fontana, and on the City’s website at https://www.fontana.org/index.aspx?nid=834.
City of Fontana General Plan, Fontana Forward 2015-2035. In 2018, the City of Fontana certified a final EIR for a comprehensive update to the General Plan (Fontana Forward General Plan Update 2015-2035 Final Environmental Impact Report, State Clearinghouse Number 2016021099, dated August 10, 2018).
The certified EIR discussed the potential environmental impacts (both direct and indirect impacts) on 53217
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5 various resources associated with future development allowed under the General Plan update and included a thorough analysis of the estimated build out of the City through the horizon year 2035.
Addendum to City of Fontana General Plan, Fontana Forward 2015-2035. On February 8, 2022, the City Council approved zoning and general plan amendments that implemented the policies of the 2021-2029 Housing Element and demonstrate that there are adequate sites that are appropriately zoned on which to develop the housing to meet the City’s 6th Cycle Regional Housing Needs Allocation (RHNA). In connection with that action, the City prepared an Addendum to the Fontana Forward General Plan Update 2015-2035 EIR, which indicated the amendments would not result in any signfiicant new or more severe environmental impacts.
City of Fontana Municipal Code, as (continuously) updated. The Fontana Municipal Code (Municipal Code) establishes detailed zoning districts and regulations based on the General Plan. The Fontana Zoning and Development Code (Municipal Code Chapter 30) serves as the primary implementation tool for the General Plan. Whereas the General Plan is a policy document that sets forth direction for development decisions, the Zoning Code is a regulatory document that establishes specific standards for the use and development of all properties in the City. The Zoning Code regulates development intensity using a variety of methods, such as setting limits on building setbacks, yard landscaping standards, and building heights.
The Zoning Code also indicates which land uses are permitted in the various zones. The Municipal Code includes all of the City’s zoning ordinance provisions and has been supplemented over time to include other related procedures such as subdivision regulations, environmental review procedures, and an advertising and sign code. Municipal code regulations and maps must be consistent with the General Plan land uses, policies, and implementation programs. The Municipal Code is referenced throughout this Addendum to establish the proposed Project’s baseline requirements according to the City’s regulatory framework.
Project Location
The project includes two sites:
Site 1 – One parcel located on the south side of Baseline Road approximately 290 feet east of Juniper Avenue (APN 0241-051-13)
Site 2 – Three parcels including 16835 Baseline Avenue (APN: 0241-051-16), 16818 Montgomery Avenue (APN: 0241-051-02) and 16844 Montgomery Avenue (APN: 0241-051-32) Proposed project
On February 8, 2022, the City Council approved zoning and general plan amendments to implement the policies of the 2021-2029 Housing Element and accomodate the City’s 6th Cycle Regional Housing Needs Allocation (RHNA). However, Site 1 was inadvertently left out of the adopted general plan and zoning amendments, despite the fact that it is under the same ownership as adjacent parcels to the east that were designated/rezoned for residential use. In addition, Site 2 was inadvertently included among the properties that were redesignated from commercial to residential, despite the fact that its ownership did not wish it to be included and adjacent parcels under the same ownership were not included. 53318
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6 Adoption of General Plan Amendment 22-006 and Zone Change 22-008 will thus clean up the changes previously made as part of the Housing Element update to provide more consistency and cohesiveness and will complete the land use changes recommended in the 2021-2029 Housing Element.
Analysis
General Plan Amendment No. 22-006:
The proposed General Plan Amendment updates the General Plan land use map to changing the general plan land use designation on Site 1 from General Commercial (C-G) to Multi-Family Medium/High Residential (R-MFMH) and to revert Site 2 from Multi-Family Medium/High Residential (R-MFMH) to General Commercial (C-G) (its designation prior to the February 2022 GPA/rezone).
Zone Change Amendment No 21-008:
The proposed zone change update will change the zoning on Site 1 from General Commercial (C-2) to Multi-Family Medium/High Residential (R-4). Site 2 will be rezoned from Multi-Family Medium/High Residential (R-4) back to General Commercial (C-2) (its designation prior to the February 2022 GPA/rezone). The proposed changes implement the goals and policies of the general plan and are consistent with GPA No. 22-006, as required under State law.
When the City Council approved the General Plan and Zone changes on February 8, 2022, it provided the potential for 25,582 housing units, which satisfies the City’s RHNA allocation of 17,519 housing units and recognizes that all property owners may not be interested in or able to develop their land within the next 8 years. With the proposed general plan and zoning land use designations for Site 1 and 2, there is a net loss of 60 units. Table A below provides a breakdown of the number of housing units gained, lost, and the net total number of units. The proposed changes will not impede on the City’s ability to meet the RHNA number because this decrease is within the range of the RHNA allocation of 17, 519 and is consistent with the General Plan and Housing Element.
Table A: Total Number of Units
With Current Designation With Proposed Designation
Site #1 (1-acre site) 0 35
Site #2 (3-acre site) 95 0
Total Number of Units - 60
All of the land in the Project area was previously designated as commercial, prior to the February 2022 GPA/rezone. The prior addendum considered the impact of designating several lots as residential and concluded there was no impact. As described above, the City has now determined that an error was made with respect to the sites identified for redesignation for residential use. The City is correcting that error by returning 3 lots (Site 2) to their original commercial designation, and designating one lot for residential 53419
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7 use. Because the acreage/number of lots being rezoned for residential is less than indicated in the prior addendum, the proposed action will not result in any new or more severe impact than described in the prior addendum.
Further, future development projects on the project site involving new construction of residential and/or commercial uses will continue to be subject to an Administrative Site Plan/Design Review, in which a project-specific analysis based on location and project details will be conducted, subject to CEQA review/documentation. Therefore, all future development projects on the subject site will be subject to CEQA, standard Conditions of Approval, and all other State/Federal/Local requirements. 53520
ATTACHMENT NO. 6
NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
Master Case No. 22-068, General Plan Amendment No. 22-006 and Zone Change No. 22-008
The applicant, City of Fontana, is proposing to update the General Plan land use map and Zoning Map to redesignate an acre site (Accessor Parcel Number 0241-051-13) from General Commercial to Multi-Family Medium/High Residential and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential to General Commercial.
Environmental
Determination:
An Addendum to the City of Fontana General Plan Program Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) has been prepared for this proposed project. The aforementioned EIR adopted by the City Council on November 13, 2018, anticipated the proposed project and adequately identified any potential impacts associated with this project; therefore, a Notice of Determination has been prepared pursuant to Sections 15162 and 15164 of the California Environmental Quality Act and per Section
6.04 of the City of Fontana 2019 Local Guidelines for Implementing the California Environmental Quality Act.
Location: Site #1 (1-Acre) – APN: 0241-
051-13
Site #2 (3-Acres) - 16818
Montgomery Avenue, 16844
Montgomery Avenue, and 16835
Baseline Avenue (Accessor Parcel
Numbers 0241-051-02, -16, and -
32)
BASELINE AVE.
MONTGOMERY AVE.
SITE 1
SITE 2
53621
ATTACHMENT NO. 6
Date of Hearing: September 20, 2022
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 P.M.
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or [email protected].
ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING. 53722
ATTACHMENT NO. 4
City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Raj Sangha, Vice Chair
ldilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner
Tuesday, October 4, 2022 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________ PUBLIC HEARINGS:
PH-A Master Case No. 22-068; General Plan Amendment No. 22-006 and Zone Change No. 22-008 - A request to amend the general plan land use map and zoning district map in order to provide consistency and cohesiveness for parcels 0241- 051-02, -13, -13 and -32 and development sites in the immediate vicinity. (Continued from September 20, 2022).
Secretary Sanchez opened the Public Hearing
Cecily Session-Goins, Associate Planner presented the staff report.
No one spoke in favor or opposition of this item.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information contained in this staff report and attached Exhibits, staff recommends that the Planning Commission adopt Resolution No. PC 2022-041; and forward a recommendation to the City Council to:
1. Determine that the project has been reviewed under a previous Final Environmental Impact Report, pursuant to Sections 15162 and 5164 of the 538
Planning Commission Minutes October 4, 2022