Agenda packet — Fontana City Council, December 13, 2022 (part 1 of 5)

Tuesday, December 13, 2022
5:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Oaths of Office 5:00 P.M.

Regular Meeting 7:00 P.M.

Ord. No. 1910 Reso No. 2022-136
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, CA 92335
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda December 13, 2022 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Steelworkers' Auditorium 8437 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Steelworkers' Auditorium 8437 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Department at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Steelworkers' Auditorium 8437 Sierra Avenue Fontana, CA 92335 Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

CALL TO ORDER/ROLL CALL:

A. 5:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

OATH OF OFFICE:

A. Administration of Oaths of Office (San Bernardino County Supervisor Jesse Armendarez to administer the Oath of Office to Mayor Acquanetta Warren. Followed by Mayor Warren to administer Oath of Office to Council Members Phillip W.

Cothran and John B. Roberts, City Clerk Germaine Key, and City Treasurer Janet Koehler-Brooks).
21-1922
RECESS UNTIL 7:00 P.M.

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

PROCLAMATION:

Page 1 of 17 ends

2 City Council Meeting Regular Agenda December 13, 2022 A. 1. Mayor Warren and City Council to proclaim the month of November 2022 as National Caregivers' Month (SEIU Local 2015 Representatives Beronica Baustista, Theresa Garza, and Eva Torres to present)
21-1901
SPECIAL PRESENTATIONS:

A. 1. Mayor Warren and City Council to recognize Veteran's Day Essay Writing and Art Contest Winners (Council Member
Jesse Sandoval to present).

2. Mayor and City Council to recognize Officers Marcio
Greggio and Jorge Trujillo; Supervising Animal Service Officer Vanessa Valverde; and Animal Service Officers Isabel
Jimenez, Adam Sturgess and Carmen Sanchez as the Fontana Police Department's November 2022 Employees of the Month (Captain Stover to present).
21-1835
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

A. Approval of Minutes 21-1836
Approve the minutes of the November 9, 2022, Special City Council meeting.

Attachments: Special City Council Meeting Minutes - November 9, 2022.pdf

Page 2 of 17 ends

3 City Council Meeting Regular Agenda December 13, 2022 B. Adoption of Ordinance No. 1908 (Second Reading) 21-1837 Second Reading / Adoption of 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).

Attachments: Ordinance No. 1908.pdf
C. Adoption of Ordinance No. 1909 (Second Reading) 21-1838 Second Reading / Adoption of Ordinance No. 1909, An Ordinance Of The City Council Of The City Of Fontana, Approving Zone Code Amendment No. 21-010 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.

Attachments: Ordinance No. 1909.pdf
D. Dedication of future Fire Station 80 Training Facility in honor of former San Bernardino County Fire District Captain Robert Kittleman
21-1921
Approve the dedication of future Fire Station 80 Training Facility in honor of former San Bernardino County Fire District Captain Robert Kittleman.

E. 2023 City Hall Holiday and City Council Meeting Calendar 21-1830 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2023.

Attachments: 2023 Calendar.pdf

Page 3 of 17 ends

4 City Council Meeting Regular Agenda December 13, 2022 F. Approve a Contract with Social Work Action Group to Provide Outreach and Case Management Services to the Homeless
Population of Fontana
21-1823

1. Approve and authorize the City Manager to “Piggy-Back” from San Bernardino Social Work Action Group contract (Contract No. 21-749 Amendment 1) for services through 2023.

2. Approve an appropriation in the amount of $302,071 from the Permanent Local Housing Allocation (PLHA) Fund 295, for the contract with Social Work Action Group.

Fontana FY22-23 Proposal 3 months.pdf
Fontana FY22-23 Proposal 8 months.pdf
SB CO SWAG Contract ammendment 1.pdf
Attachments:

G. Resolution Amending the Administrative Policy Detailing the City of Fontana’s Service Award/Retirement Events Policy 21-1774
Adopt Resolution No. 2022-136, Amending Administrative Policy No. 20-01:

Service Awards/Retirement Events
Administrative Policy 20-01: Service Awards & Retirement Gifts Resolution for Administrative Policy 20-01: Service Awards and Retirement Gifts
Attachments:

H. Award a bid for the 17878 Upland Ave Rehabilitation Project SB-36-HD-23
21-1842
Award and authorize the City Manager to execute a construction contract with Final Touch Construction for the rehabilitation of the 17878 Upland Avenue in the amount of $229,963 and authorize a 10% contingency in the amount of $22,996 (Bid No. SB-36-HD-23).

Summary Bid Results.pdf
Bidders Results.pdf
17878 Upland Ave. - Work Description Write-up.pdf
Attachments:

Page 4 of 17 ends

5 City Council Meeting Regular Agenda December 13, 2022 I. Approve Amendment to NCM Engineering Corporation Task Order for Design and Construction Support Services for the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project.
21-1843

1. Approve and Authorize the City Manager to execute Task Order 1.2 to NCM Engineering Corporation in the amount of $357,916.77 for the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project for a total contract amount of $1,388,252.42

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

3. Appropriate $750,000.00 from Measure I Fund 245 and Circulation Fund 630 to the Sierra Ave from Foothill Boulevard to Baseline Avenue Street Improvement Project No.3281.

Vicinity Map
Task Order Amendment #2 Fee
Task Order Amendment #2 Scope
Attachments:

J. Adoption of a Resolution Declaring Certain City Owned Property a Public Right of Way for Street and Public Utility Purposes for Lytle Creek Road and Accepting the Road into the City’s Street System.
21-1846
Adopt Resolution No. 2022-137, Declaring Certain City owned Property a Public Right of Way for Street and Public Utility Purposes for Lytle Creek Road and Accepting the Road into the City’s Street System.

Resolution No. 2022-.docx
Exhibit A - Existing and Proposed Lytle Creek Road.pdf
Exhibit B - Legal Desc. and Plat of Lytle Creek Road.pdf Attachments:

K. Authorize the purchase of a 621G Wheel Loader from Sonsray Machinery.
21-1847
Authorize the Purchasing Office to use the NJPA Cooperative Purchasing Agreement now Sourcewell (Contract # 32119-CNH) for the purchase of one (1) Case 621G wheel loader from Sonray Machinery, Fontana, CA in the amount of $215,995.00 plus sales tax (7.75%), tire tax of $7.00 and processing fee of $399.00 for a total of $233,140.62.

Quote.pdf
Sourcewell Contract.pdf
Attachments:

Page 5 of 17 ends

6 City Council Meeting Regular Agenda December 13, 2022 L. Authorize the purchase of an E-450 TV/Lateral Inspection CCTV Camera Van.
21-1848
Authorize the Purchasing Office to use the Sourcewell (Contract # 091521-NAF) Cooperative Purchasing Agreement for the purchase of one (1) 2023 Ford E-450 TV/Lateral Inspection CCTV van from 72 Hour LLC (Nation Auto Fleet Group) in the amount of $395,465.00 plus sales tax $30,648.54 (7.75%) for a total of $426,113.54.

Attachments: Quote.pdf
M. The Expanded Learning Opportunities Program for
Transitional Kindergarten Agreement between the City and Fontana Unified School District
21-1849

1. Approve the Expanded Learning Opportunities Program (ELO-P) for Transitional Kindergarten (TK) Agreement with the Fontana Unified School District.

2. Authorize the City Manager or designee to sign the Agreement, all related documents, and any amendments for the term of the Agreement.

Attachments: City and FUSD TK ELO-P Agreement.pdf
N. Approve a Bond Reduction for Tract No. 20228 21-1884 Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by Lennar Homes of California, Inc. for Tract No. 20228 located north of South Highland Avenue, east of Hemlock Avenue, west of Beech Avenue, and south of the 210 Freeway.

Vicinity Map.pdf
Tract Map No. 20228.pdf
Attachments:

Page 6 of 17 ends

7 City Council Meeting Regular Agenda December 13, 2022 O. Approve a Bond Reduction for Tract No.’s 20154 (PA5 - Park), 20213 (PA6 - Park), 20213-1 (PA-3 - Park), 20214-1 (PA11 - Park), 20214-1 (PA10 - Intract), 20214-2 (PA15 - Intract), 20214-3 (PA12 - Intract), 20214-4 (PA14 - Park), 20214-4 (PA13 - Intract), 20214-5 (PA19 - Intract), and 20214 (PA16 - Park) within the Summit at Rosena Specific Plan
21-1881
Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by Lennar Homes of California, Inc., a California corporation for Tract No.’s 20154 (PA5 - Park), 20213 (PA6 - Park), 20213-1 (PA-3 - Park), 20214-1 (PA11 - Park), 20214-1 (PA10 - Intract), 20214-2 (PA15 - Intract), 20214-3 (PA12 - Intract), 20214-4 (PA14 - (Park), 20214-4 (PA13 - Intract), 20214-5 (PA19 - Intract), and 20214 (PA16 - Park), located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan.

Vicinity Map.pdf
Tract Map No. 20154.pdf
Tract Map No. 20213.pdf
Tract Map No. 20213-1.pdf
Tract Map No. 20214-1.pdf
Tract Map No. 20214-2.pdf
Tract Map No. 20214-3.pdf
Tract Map No. 20214-4.pdf
Tract Map No. 20214-5.pdf
Tract Map No. 20214.pdf
Attachments:

P. Amendment to Section 2-169 of Article V Chapter 2, and Section 2-202, of Article VI, Chapter 2 of the Fontana Municipal Code expanding definition of authorized use of City Logos, Marks, Insignia, and Seals
21-1885
Approve amendment to Section 2-169 of Article V Chapter 2, and Section 2-202, of Article VI, Chapter 2 of the Fontana Municipal Code expanding definition of authorized use of City Logos, Marks, Insignia, and Seals Fontana - Ordinance - Amendment Re_ Unauthorized use of City's Police Badge (November 14, 2022) v3-c1.docx
Attachments:

Page 7 of 17 ends

8 City Council Meeting Regular Agenda December 13, 2022 Q. Lease Agreements for Fire Station 71, Fire Station 73, Fire Station 74, Fire Station 77, Fire Station 78, and Fire Station 79; and Lease Repayment Agreement for Same.
21-1864
Approve Lease and Lease Repayment Agreements between the City of Fontana and the Fontana Fire Protection District and authorize budget adjustments increasing appropriations and sources in the amount of $7,406,545.76.

Fontana_ Commercial Lease_Fire Station No. 71
Fontana_ Commercial Lease_Fire Station No. 73
Fontana_ Commercial Lease_Fire Station No. 74
Fontana_ Commercial Lease_Fire Station No. 77
Fontana_ Commercial Lease_Fire Station No. 78
Fontana_ Commercial Lease_Fire Station No. 79
Fontana Lease Repayment Agreement
Attachments:

R. Final Acceptance of ABS Energy Project Phase II Services Contract (MS-39-PW-21).
21-1865

1. Accept as complete the work performed by Alliance Building Solutions, Inc. for ABS Energy Project Phase II Services Contract, and approve the final construction cost of $1,515,852.

2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention.
application and certificate for payment.pdf
Contract Agreement (Alliance Building Solutions) - Energy Contract MS-39-PW-21.pdf
Attachments:

S. Accept Grant Award from Kaiser Permanente 21-1875
Accept grant award from Kaiser Permanente in the amount of $20,000 for use towards Healthy Fontana’s “The Awareness Project.”
Attachments: Kaiser Permanente (The Awareness Project 2023).pdf T. Acceptance of Final Map for Tract No. 20441 21-1880
Approve the Final Map for Tract No. 20441 located south of South Highland Avenue and west of Mango avenue; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Improvement Agreement with the subdivider

PARCEL MAP

VICINITY MAP

SUBDIVISION IMPROVEMENT AGREEMENT
Attachments:

Page 8 of 17 ends

9 City Council Meeting Regular Agenda December 13, 2022 U. 2019 Edward Bryne Memorial Justice Assistance Grant (JAG) 21-1882

1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Apple Valley, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $55,934; and

2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2019 Justice Assistance Grant and any other documents and/or amendments required to comply with this grant award; and

3. Approve allocation of funds to purchase law enforcement equipment to assist in responding to or investigate crimes.
2019 JAG - Appendix 1.pdf
2019 JAG Interlocal Agreement.pdf
Attachments:

V. 2020 Edward Bryne Memorial Justice Assistance Grant (JAG) 21-1883

1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Apple Valley, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $49,212; and

2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2020 Justice Assistance Grant and any other documents and/or amendments required to comply with this grant award; and

3. Approve allocation of funds to purchase law enforcement equipment to assist in responding to or investigate crimes.
2020 JAG - Appendix 1.pdf
2020 JAG Interlocal Agreement.pdf
Attachments:

Page 9 of 17 ends

10 City Council Meeting Regular Agenda December 13, 2022 W. Approve Amendment No 6 to Professional Services Agreement with Huitt-Zollars, Inc., for the Cypress Avenue Storm Drain Project
21-1887

1. Approve and authorize the City Manager to execute Amendment No. 6 to Professional Services Agreement with Huitt-Zollars, Inc. for Engineering Design Services in the additional amount of $19,900 for the Cypress Avenue Storm Drain Project (Project No. 3361) for a total compensation not to exceed $843,052.00.

2. Approve and authorize the City Manager to execute any future amendments to the contract with Huitt-Zollars, Inc. for the Cypress Avenue Storm Drain Project.

Vicinity Map
Huitt-Zollars PSA Amendment No. 6
Attachments:

X. Approve an Agreement for the Acquisition of Real Property for the Active Transportation Program (ATP) Safe Routes to
School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue
21-1888

1. Approve and authorize the City Manager to execute an Agreement for Real Property Acquisition between the City of Fontana and Sunrise Management Co., for Assessor Parcel Number 0243-142-17, located on the southeast corner of the Locust Avenue and Barbee Street related to the Ramona, Alder, Locust Avenue Safe Routes to School Project.

2. Approve and Authorize the City Manager to execute any other documents necessary or appropriate to complete the proposed transaction.

Vicinity Map
Purchase and Sale Agreement (APN 0243-142-17)
Attachments:

Page 10 of 17 ends

11 City Council Meeting Regular Agenda December 13, 2022 Y. Approve Amendment No. 2 to Professional Services
Agreement with WLC Architects, Inc. for Fire Station 81 21-1889

1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement SQ-97-DE-20 for Fire Station No. 81 Design Services with WLC Architects, Inc. for Construction Phase Services in the additional amount of $7,480 for a total not exceed $527,480.00.

2. Approve and authorize the City Manager to execute any future amendments to the contract with WLC Architects, Inc. for Fire Station 81.

Vicinity Map
WLC Amendment No. 2
Attachments:

Z. Approve Amendment No. 4 to Professional Services
Agreement with BMLA, Inc. for the South Fontana Park Project 21-1891

1. Approve and authorize the City Manager to execute Amendment No. 4 to Professional Services Agreement with BMLA, Inc. for Construction Phase Services in the additional amount of $9,000.00 for South Fontana Park (SP-32-PW-18) for a total compensation not to exceed $337,537.69.

2. Approve and authorize the City Manager to execute any future amendments to the contract with BMLA, Inc. for South Fontana Park.

Vicinity Map
Amendment No. 4
Attachments:

AA. Approve Master Task Order Agreement with MDG Associates, Inc. for Grant Consulting Services
21-1902

1. Approve and authorize the City Manager to enter into a Master Task Order Agreement with MDG Associates, Inc. for grant consulting services with up to four (4) one-year extensions at the sole discretion of the City of Fontana for the amount not to exceed $175,000 annually.

2. Approve and authorize the City Manager to execute any future amendments to the contract with MDG Associates, Inc. for Grant Consulting Services.

MDG Associates Inc. On-Call Professional Services Agreement

11.23.22.docx
Attachments:

Page 11 of 17 ends

12 City Council Meeting Regular Agenda December 13, 2022 AB. Police Department Monthly Information Update 21-1893 Accept the Police Department monthly information update for October 2022.

Attachments: October 2022 Report for City Council Rev.pptx AC. Annual Report on Development Impact Fees 21-1896
Adopt Resolution No. 2022- 138, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds.

Development Impact Fees 2022 Resolution.pdf
2022 Annual Report on Development Impact Fees.pdf
Attachments:

AD. Real Estate Services- Property Management 21-1907
Attachments: Commercial Lease Template-c1-Final.docx
AE. Award a bid for the 8996 Olive St Rehabilitation Project SB-32-HD-23
21-1913
Award and authorize the City Manager to execute a construction contract with Final Touch Construction for the rehabilitation of the 8996 Olive St in the amount of $683,290.00 and authorize a 10% contingency in the amount of $68,329 (Bid No. SB-32-HD-23).

Summary Bid Results - 8996 Olive Avenue.pdf
Final Touch.pdf
Multi-Family Housing Rehabiliation Program - 8996 Olive Street.pdf
Attachments:

AF. Public Safety Voice Logging System Replacement 21-1890

1. Award and Authorize the Purchasing Office to issue a Purchase Order to Cogent Technologies for the Eventide voice logging system and implementation services in the amount of $83,217. (Bid. No. SP-47-IT22).

2. Approve an increase in appropriations in the total amount of $83,217 in the Federal Asset Seizures Fund 223 in the Mid-Year Budget Report.

Scoring Matrix.pdf
R3-Fontana RFP -Capture-EVENTIDE.pdf
Attachments:

Page 12 of 17 ends

13 City Council Meeting Regular Agenda December 13, 2022 AG. Fontana Community Senior Center Coffee/Juice Bar Lease Agreement
21-1903
Authorize the City Manager to enter into a lease agreement with Very Special Mini Market to offer food and beverage preparation and retail services at the Fontana Community Senior Center and authorize the City Manager to execute any documents necessary to effectuate said agreement.

Attachments: City Lease Agreement with Very Special Mini Market 2022.pdf AH. Award Planning and Environmental Contract for the City of Fontana’s Arrow Boulevard and Tokay Avenue Land Use
Redesignation and Homelessness Prevention Resources and Care Center Project
21-1908

1. Approve and authorize the City Manager to award and execute a planning and environmental contract in an amount of up to $200,000.00 for environmental documentation for the City of Fontana’s Arrow Boulevard and Tokay Avenue Land Use Redesignation and Homelessness Prevention Resources and Care Center Project, located on eight parcels along Arrow Boulevard and Tokay Avenues (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and -14).

2. Authorize the City Manager to execute any and all subsequent agreements and any other related items on behalf of the City of Fontana’s Arrow Boulevard and Tokay Avenue Land Use Redesignation and Homelessness Prevention Resources and Care Center Project, located on eight parcels along Arrow Boulevard and Tokay Avenues (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and -14).

3. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the City of Fontana’s Arrow Boulevard and Tokay Avenue Land Use Redesignation and Homelessness Prevention Resources and Care Center Project, located on eight parcels along Arrow Boulevard and Tokay Avenues (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and -14).

Page 13 of 17 ends

14 City Council Meeting Regular Agenda December 13, 2022 AI. Amend Fontana City Purchasing Code and Administrative Policy Purchasing 20-50
21-1909

1. Approve Ordinance No. 1911, amending the Article V. “Purchasing” of Chapter 10 of the Municipal Code.

2. Adopt Resolution 2022- 139, of the City Council of the City of Fontana, amending Administrative Policy Section 20-50 (Purchasing Policies and Procedures Manual).

Fontana - Ordinance 2022 - Chapter 10 Article V Purchasing - CLEAN-c1.docx
Fontana - Ordinance Exhibit A - Chapter 10 ARTICLE V -
Purchasing City Code - Clean-c1.docx
Fontana - Ordinance Exhibit B - Chapter 10 ARTICLE V -
Purchasing City Code - Redline-c1.docx
Fontana - Resolution 2022 - Administrative Policy 20-50 - Purchasing Policy - CLEAN-c1.docx
Fontana - Purchasing Policy and Procedure Manual - NO
TABLE of CONTENTS December 2022 - CLEAN-c1.docx
Attachments:

AJ. Award Bid for Landscape Maintenance Services, SP-53-PW-23 21-1910

1. Award bids in the total amount of $14,556,118, and authorize the City Manager to enter into an agreement for two (2) years, for Landscape Maintenance Services (SP-53-PW-23) to the following bidders in the amounts of:
a. Area 1 - California Landscape and Design, Inc, $4,023,745 b. Area 2 - California Landscape and Design, Inc. $2,786,517 c. Area 3 - Stay Green, Inc. $4,223,624
d. Area 4 - Mariposa Landscape, Inc. $3,522,229

2. Authorized the City Manager to execute future contract amendments for remaining three (3) additional one-year (1) renewals for a total 5-year contract.

3. Approve a budget adjustment in the amount of $360,777 to increase appropriations to be included in the 2022-23 Mid-Year Budget Report.

Bid Recap Letter - SP-53-PW-23.pdf
Project Report - SP-53-PW-23.pdf
2022 Landscape Area Exhibit.pdf
Contract Award Memo.docx
Attachments:

Page 14 of 17 ends

15 City Council Meeting Regular Agenda December 13, 2022 AK. Adoption of a Resolution Approving the First Amendment to the Integrated Waste Agreement with Burrtec Waste
Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act
21-1925

1. Adopt Resolution Approving the First Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said amendment and/or associated approvals.

3. Find the action exempt from the California Environmental Quality Act.

Resolution for Amendment to Solid Waste Franchise
Agreement
Amendment to Solid Waster Franchise Agreement
Attachments:

Approve Consent Calendar Items as recommended by staff.

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. 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 delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)

Page 15 of 17 ends

16 City Council Meeting Regular Agenda December 13, 2022 A. Zoning Code Amendment No 22-013; A request for the
adoption of an Urgency Ordinance by repealing and
replacing Chapter 30, Article 5, Division 5, Section No. 30-467 of the City of Fontana Municipal Code relating to accessory dwelling units and junior accessory dwelling
units, and determining the ordinance to be exempt from
CEQA
21-1845

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1910, an Urgency Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Code to repeal and replace Chapter 30, Article 5, Division 5, Section No. 30-467 of the City of Fontana Municipal Code relating to accessory dwelling units and junior accessory dwelling units, and that the reading of the title constitutes the first reading thereof.

Attachments: Attachment No. 1 - Urgency Ordinance
B. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1870

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2022-140,of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution December 2022
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

Page 16 of 17 ends

17 City Council Meeting Regular Agenda December 13, 2022 ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on Tuesday, January 24, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

Page 17 of 17 ends

18 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1922 Agenda Date: 12/13/2022
Agenda #: A. Category: Election Results
Oaths of Office
Tuesday, December 13, 2022
5:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 12/8/2022
powered by Legistar™ 19
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1901 Agenda Date: 12/13/2022
Agenda #: A. Category: Proclamation
Proclamation
Tuesday, December 13, 2022
7:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 12/8/2022
powered by Legistar™ 20
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1835 Agenda Date: 12/13/2022
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, December 13, 2022
7:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 12/8/2022
powered by Legistar™ 21
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1836 Agenda Date: 12/13/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the November 9, 2022, Special City Council meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the November 9, 2022, Special City Council meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 11/30/2022
powered by Legistar™ 22
Wednesday, November 9, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes

Page 1 of 1 ends

23 WORKSHOP:

A. 5:00 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Wednesday, November 9, 2022, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:01 p.m. with all members of the City Council present. City Clerk Key and City Treasurer Koehler-Brooks was also in attendance.

The Regular City Council meeting agenda was reviewed. Council Member Sandoval requested that Consent Calendar Items 'D, E' be pulled for brief staff report and questions of staff.

There were no City Manager's comments heard.

No public communications were received.

Communications Manager Monique Carter introduced Kaitlyn Wu and Kevotk Kurdoghlian with Tripepi Smith to provide the Mayor and City Council with the Communications Assessment Presentation. The report was provided and questions of the City Council were answered.

Deputy City Manager Phil Burum provided the staff report on the Update on Downtown Revitalization Plan and answered questions of the City Council.

The Workshop adjourned at 6:01 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:02 p.m. located at 8353 Sierra Avenue, Fontana, CA 92335, with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

Page 1 of 8 ends

24 Special City Council Meeting Minutes November 09, 2022 There were no public communications received on the following Closed Session items:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 0237-411-13
City Negotiator: Matt Ballantyne, City Manager
Negotiating Parties: Newbridge Homes
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Gov. Code section 54956.9(d)(2).)
Significant Exposure to Litigation: One case based on correspondence with South Coast Air Quality Management District re Rule 1196 for heavy duty diesel fleet trucks.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APNs 0232-171-05, 0232-171-06, 0232-171-07, 0232-171-08 City Negotiator: Matt Ballantyne, City Manager
Negotiating Parties: CALMAT CO
Under Negotiation: Price and terms of payment
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

The Regular meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335, on Wednesday, November 9, 2022. Mayor Warren called the meeting to order at 7:00 p.m.

ROLL CALL:

Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval

Absent: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the invocation led by Fontana Police Department Chaplain Greg Peck, the pledge of allegiance was led by Council Member Cothran.

CLOSED SESSION ANNOUNCEMENT
City Attorney Duran noted that the Mayor and City Council met in Closed Session on the items listed on the agenda and took no reportable action.

SPECIAL PRESENTATIONS:

A. Special Presentations

Page 2 of 8 ends

25 Special City Council Meeting Minutes November 09, 2022 A. 21-1826
Mayor Warren and City Council to recognize Officer Mario Martinez, Officer Tyler Pope and Community Policing Technician Kelsey Barak as the Fontana Police Department October 2022 Employees of the Month (Captains Burton and Dorsey to present).

Mayor Warren and the entire City Council congratulated the Fontana Police Department October 2022 Employees of the Month.

Captain Burton also announced the 'No Shave November' fundraiser that the Fontana Police Department is recognizing for the Month of November.

PUBLIC COMMUNICATIONS:

A. Public Communications
The following individuals spoke under public communications:

1. Joe Armendarez spoke on concerns on recent comments made at the Fontana Unified School Board meetings.

Mayor Warren interjected reminding the public that this is an opportunity to speak to the City Council within the subject matter jurisdiction.

1. Joe Armendarez closed his comments with concerns of professionalism within the City Council.

2. Becky Peck announced an upcoming community event hosted by the Fontana Art Association.

3. Eddie Lopez congratulated the Employees of the Month; thanked the Mayor for interjecting in inappropriate public comment; recognized the candidates who were unsuccessful in the Municipal Election; thanked those who voted in the Municipal Election; and closed with expressing his excitement in change.

4. Andrea De Leon, representing the Fontana Chamber of Commerce, thanked the Council for their partnership and expressed high regards in the upcoming year working with the City.

5. Mark Nuaimi, representing Water of Life Church, commented on the partnership with City Link and support in Consent Calendar Item 'D'.

6. Elizabeth Sena recognized the candidates who were unsuccessful in the Municipal Election.

CONSENT CALENDAR:

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve the Consent Calendar Items 'A-O' by a unanimous vote of 5-0. The

Page 3 of 8 ends

26 Special City Council Meeting Minutes November 09, 2022 motion carried as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
A. Approval of Minutes 21-1820
Approve the minutes of the October 25, 2022, City Council meeting.

B. Purchase and Sale Agreement for 16860 Arrow Blvd. - Downtown Fontana Property
21-1816

1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the northeast corner of Arrow Blvd and Sierra Ave. in Downtown Fontana, more specifically described as APNs #0191- 162-05, 0191-163-24, 0191-163-16, 0191-163-17, and 0191-163-26.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or Purchase & Sale Agreement.

C. Purchase and Sale Agreement for APN # 0232-091-18 and 0232-091-19
21-1814

1. Approve a Purchase & Sale Agreement for the sale of vacant land located on the Southeast corner of Foothill Blvd and Tokay Ave. in west central Fontana, more specifically described as APN # 0232-091-18 and 0232- 091-19.

2. Adopt Resolution No. 2022-134, to convey the vacant land located on the Southeast corner of Foothill Blvd and Tokay Ave. to Sonora Tires Route 66, Inc.

3. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or Purchase & Sale Agreement.

D. License Agreement for APN's 0232-201-12 and 0232-201-13 21-1815

1. Approve a License Agreement for property located south of Arrow Route bordered by Tokay Ave. and Citrus Ave in west central Fontana, more specifically described as APNs #0232-201-12 and 0232-201-13

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or License Agreement.

E. Fontana Chamber of Commerce Contractual Services Agreement and Lease Agreement
21-1791

1. Approve and authorize the City Manager to execute a contractual services agreement between the City of Fontana and the Fontana Chamber of Commerce in the amount of $50,000 to provide service and outreach to the business community, and

2. Approve a three-year Lease Agreement for $1.00 per year for office space for the Fontana Chamber of Commerce.

F. Approve Amendment to Jacobs Engineering Group, Inc. Task Order for Design Services for the Etiwanda Avenue/Slover Avenue Intersection Widening Project
21-1805

1. Approve and authorize the City Manager to execute Task Order 1.1 to

Page 4 of 8 ends

27 Special City Council Meeting Minutes November 09, 2022 Jacobs Engineering Group, Inc. in the amount of $18,480.00 for the Etiwanda Avenue/Slover Avenue Intersection Project for a total contract amount of $217,697.00.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

G. Approve Final Change Order with International Line Builders, Inc. and Final Acceptance for the Construction of the Valley Boulevard at Oleander Avenue Traffic Signal Project SB-05-DE-20
21-1806
1) Authorize the City Manager to approve a change order with International Line Builders, Inc. in the amount of $8,049 for the construction of the Valley Boulevard at Oleander Avenue Traffic Signal Project (Bid No. DB05-DE-20). 2) Accept as complete the work performed by International Line Builders, Inc. for the Construction of the Valley Boulevard at Oleander Avenue Traffic Signal Project (SB-05-DE-20) and approve the final construction amount of $1,211,588.32.

H. Award a Construction Contract for the 8344 Bennett Avenue Rehabilitation Project SB-27-HD-23
21-1807
Award and authorize the City Manager to execute a construction contract with Abigail Electric Inc. for the rehabilitation of the 8344 Bennett Avenue in the amount of $555,861 and authorize a 10% contingency in the amount of $55,586 (Bid No. SB-27-HD-23).

I. Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
21-1812
Review and approve a contract with TA Mentoring Services LLC to provide Student Leadership Programming - Noble Youth at twenty-eight (28) ASES-Funded Elementary School sites and the five (5) ASES-Funded Middle School sites.

J. Approve a Contract with EBK & Company LLC to provide and deliver the US Engineering League at Fontana Expanded Learning Program’s middle school sites.
21-1813
Review and approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club at the five (5) ASES-Funded Middle School sites.

K. Authorize Submittal of Letter of Intent for Participation in the San Bernardino Regional Housing Trust
21-1817
Authorize City Manager to submit letter of intent for participation in the San Bernardino Regional Housing Trust.

L. Co-Sponsorship Applications Cycle (2) FY 2022/2023 21-1821 Review and approve the eight (8) Co-Sponsorships recommended for the second half of 2022/2023 fiscal year (January 2023 through June 2023) totaling an amount of $21,178 as recommended by Parks, Community, and Human

Page 5 of 8 ends

28 Special City Council Meeting Minutes November 09, 2022 Services Commission.

M. Authorize Contech Engineered Solutions as the Sole Source to Provide Bio Clean Certified Trash Full Capture Systems for Existing Catch Basin Retrofit and for New Development and
Redevelopment Projects
21-1660

1. Authorize Contech Engineered Solutions (formerly known as Bio Clean Environmental Services, Inc.) as a single sole source vendor of certified trash full capture systems for existing catch basin retrofit and for new development and redevelopment projects.

2. Authorize the Purchasing Office to issue purchase orders to Contech Engineered Solutions for the purchase and/or installation of the certified trash full capture systems.

N. Approve Sole Source Purchase of Quick Deploy Cameras and Multi-year subscription
21-1824

1. Approve the sole source purchase of the L6Q Quick Deploy Cameras in the amount of $156,831. Cameras to be utilized at various locations throughout the City of Fontana.

2. Authorize the Chief of Police or his assigned designee to sign the Enterprise Service Agreement and Contract Terms Acknowledgement.

3. Authorize the Purchasing Department to issue purchase orders as funding becomes available to the Police Department’s current vendor, Vigilant Solutions, for the purchase and installation of the L6Q Quick Deploy Camera systems from the General Fund #101 or other fund sources.

4. Approve an increase in appropriations in the total amount of $156,831 in the General Fund 101 in the Mid-Year Budget Report.

O. Approve the Sole Source Purchase of Downlink RX Site and Mapping System
21-1825

1. Approve and authorize the City Manager to purchase and execute all necessary contract documents for the Downlink RX Site and Mapping System as a sole source purchase in the amount of $590,479.43.

2. Approve an increase in appropriations in the total amount of $590,479.43 in the State Citizens’ Option for Public Safety Fund 322 ($190,894) and the General Fund 101 ($399,585.43) in the Mid-Year Budget Report.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matt Ballantyne commented on upcoming community events to recognize our Veteran's and thanked our Veteran's throughout the community for their service.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

Page 6 of 8 ends

29 Special City Council Meeting Minutes November 09, 2022 A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks recognized the Community Services Department for another wonderful year of Halloween festivities for the community.

City Clerk Key commented on recently attended community events and recognized the employees of the month.

Council Member Sandoval commented on upcoming Veteran's Day event.

Council Member Roberts commented on upcoming Veteran's Day event and spoke on his upcoming term in office.

Council Member Cothran commented on upcoming Veteran's Day event and recently attended events; and closed with requesting that staff put together additional construction Q&A for the community with the numerous projects throughout the City.

Mayor Pro Tem Garcia congratulated the unofficial successful elected officials from the Municipal Election; thanked the unsuccessful candidates for participating in the Election process and thanked the voters.

Mayor Warren commented on recently attended community events; commented on school programs; discussed downtown plan; and thanked the voters for another term as Mayor.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 8:03 p.m. noting the cancellation of the November 22, 2022 meeting and identifying the next Regular City Council Meeting on December 13, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
______________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE MEETING OF DECEMBER 13, 2022.
______________________________
Germaine McClellan Key
City Clerk

Page 7 of 8 ends

30 Special City Council Meeting Minutes November 09, 2022

Page 8 of 8 ends

31 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1837 Agenda Date: 12/13/2022
Agenda #: B. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No. 1908 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of 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).

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:

Ordinance No. 1908 was introduced by a vote of 4-0-1 (Council Member Cothran abstained) at the October 25, 2022, Regular City Council meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 11/30/2022
powered by Legistar™ 32

Page 1 of 4 ends

ATTACHMENT NO. 1
ORDINANCE NO. 1908

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- 33 Ordinance No. ___

Page 2 of 4 ends

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
34 Ordinance No. ___

Page 3 of 4 ends

“EXHIBIT A”
35 Ordinance No. ___

Page 4 of 4 ends

36 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1838 Agenda Date: 12/13/2022
Agenda #: C. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No. 1909 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of Ordinance No. 1909, An Ordinance Of The City Council Of The City Of Fontana, Approving Zone Code Amendment No. 21-010 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.

DISCUSSION:

Ordinance No. 1909 was introduced by a vote of 4-0-1 (Council Member Cothran abstained) at the October 25, 2022, Regular City Council meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 11/30/2022
powered by Legistar™ 37
ATTACHMENT NO. 6
ORDINANCE NO. 1909

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING ZONE CODE AMENDMENT NO. 21-010 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.

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:

WHEREAS, the applicant submitted a request for approval of Zone Code Amendment No. 21-010, to amend the zoning map designation for parcel APN: 0240- 011-17 from the General Commercial (C-2) Zoning District to the Multi Family Residential (R-3) Zoning District and remove the site from the Auto Center Overlay District; and WHEREAS, on October 4, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a Public Hearing held with respect hereto on Zone Change Amendment No. 21-010 and related entitlements, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at this public hearing , the Planning Commission approved Resolution No. PC 2022-043 and recommended approval to the City Council of Zone Change Amendment No. 21-010; and
WHEREAS, after the publication of notice as required by law, the City Council of the City of Fontana, California conducted a public hearing on Zoning Code Amendment No. 21-010; and
WHEREAS, on October 25, 2022, the City Council held a duly noticed public hearing on Zone Code Amendment No. 21-010 along with the entitlement referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the Zoning Code Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and WHEREAS, Zone Code Amendment No. 21-010 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high-quality development in design standards and land use decisions”, in addition to Goal 7 of Chapter 15, Action Item #B “ensure that public and private developments are attractive, comfortable, and welcoming”; and
38 Ordinance No. ___

Page 4 of 4 ends

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

Section 1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community; and Section 2. The City of Fontana City Council hereby makes the following findings for Zone Code Amendment No. 21-010 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: 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: The applicant is proposing to remove the project site from the Auto Center Overlay District and modify the Zoning District Map to General Commercial (C-2) to Multi Family Residential (R-3). The development is appropriate for the area as it would provide a multifamily development site that would act as a transition from the commercial area located north of the site and the existing singlefamily areas to the south along Citrus Ave. As mentioned above, the project will include high quality multi-family housing with paseos, landscaping, adequate parking and amenities.

Section 3. The City Council hereby adopts the Mitigated Negative Declaration on the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines; and Section 4. The City Council approves Zoning Code Amendment No. 21-010 to amend the zoning designation for APN 0240-011-17 from General Commercial (C-2) to Multi Family Residential (R-3) as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and
39 Ordinance No. ___

Page 4 of 4 ends

Section 5. 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 25th day of October, 2022, and was finally passed and adopted not less than five days thereafter on the 13th day of December, 2022, by the following vote to wit:

AYES:

NOES:

Page 4 of 4 ends

41 Ordinance No. ___

Page 4 of 4 ends

EXHIBIT "A"

EXISTING ZONING DESIGNATION
GENERAL COMMERCIAL (C-2)

WITHIN AUTO CENTER OVERLAY
42 Ordinance No. ___

Page 4 of 4 ends

PROPOSED ZONING DESIGNATION
MULTI FAMILY RESIDENTIAL (R-3)

OUTSIDE AUTO CENTER OVERLAY
43 Ordinance No. ___

Page 4 of 4 ends

Sec. 30-639. - Authority and requirements.

Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map Existing Overlay Existing Overlay
44 Ordinance No. ___

Page 4 of 4 ends

45 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1921 Agenda Date: 12/13/2022
Agenda #: D. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Dedication of future Fire Station 80 Training Facility in honor of former San Bernardino County Fire District Captain Robert Kittleman
RECOMMENDATION:

Approve the dedication of future Fire Station 80 Training Facility in honor of former San Bernardino County Fire District Captain Robert Kittleman.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.

DISCUSSION:

Captain Robert Kittleman was hired as a firefighter in October of 1989 with what is known now as the San Bernardino County Fire Agency. It is projected that Kittleman is responsible for impacting more than 300 community members and providing a model of both the mental and physical requirements to be a professional firefighter. Kittleman is single handily responsible for mentoring more than 60 of these individuals to later follow a career in firefighting.

Kittleman recently retired from Fire Station 71.

During the regular meeting of the City Council on October 25, 2022, Council Member Roberts requested that an item of this magnitude be placed on a future meeting agenda with the concurrence of the City Council.

Before the Council is a request to dedicate and name the training facility that will later be built at Fire Station 80 after former Captain Robert Kittleman to honor him for his 33 years of service and commitment to the community and profession.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™ 46
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1830 Agenda Date: 12/13/2022
Agenda #: E. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:
2023 City Hall Holiday and City Council Meeting Calendar RECOMMENDATION:

Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2023.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

To formally approve and make available a calendar of City recognized holidays and meetings of the City Council. City staff has developed the proposed Calendar of City Holidays and City Council meetings for 2023 for the City Council’s consideration.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™ 47

JANUARY FEBRUARY MARCH

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31

APRIL MAY JUNE

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30 JULY AUGUST SEPTEMBER

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31

OCTOBER NOVEMBER DECEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31 OBSERVED HOLIDAYS
January 1 New Year’s Day November 9 Veterans Day Pay Day January 16 Martin Luther King Jr. Day November 23 Thanksgiving Day City Council Meeting February 20 Presidents’ Day November 24 Day After Thanksgiving Cancelled City Council Meeting May 29 Memorial Day December 24 Christmas Eve Observed Holiday July 4 Independence Day December 25 Christmas Day Winter Closure September 4 Labor Day
48 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1823 Agenda Date: 12/13/2022
Agenda #: F. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve a Contract with Social Work Action Group to Provide Outreach and Case Management Services to the Homeless Population of Fontana
RECOMMENDATION:

1. Approve and authorize the City Manager to “Piggy-Back” from San Bernardino Social Work Action Group contract (Contract No. 21-749 Amendment 1) for services through 2023.

2. Approve an appropriation in the amount of $302,071 from the Permanent Local Housing Allocation (PLHA) Fund 295, for the contract with Social Work Action Group.

COUNCIL GOALS:
· Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City of Fontana has “Piggy-Backed” from the County of San Bernardino in the past. The agreement with Social Work Action Group (SWAG) is to provide service and outreach to the homeless population with a strong focus on unsheltered homeless individuals, families, and encampments. Social Work Action Group has proven to bridge the gap between Law Enforcement and various services for the unsheltered homeless individuals and families.

Social Work Action Group team members have direct street outreach experience. Social Work Action Group has the expertise and networking system to refer individuals and families to various services available. Social Work Action Group will build upon efforts form last year in Fontana and continue to reduce the homeless population.

Social Work Action Group also has team members with specialized backgrounds in behavioral health, substance abuse, and social work. Social Work Action Group will also engage, educate, and encourage the community of Fontana to collaborate efforts and spread the message of Responsible Compassion. Staff is recommending approval to enter into an agreement for the period of August 2022 - June 2023 due to the qualifications and understanding the Social Work Action Group can provide.

City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™ 49
File #: 21-1823 Agenda Date: 12/13/2022
Agenda #: F. Category: Consent Calendar
Per the City’s Purchasing Policy, Section 14.13 Cooperative/Piggyback Purchasing, staff is requesting the purchase order be initiated with Social Work Action Group based on a “Piggy-Back” with San Bernardino County’s contract number 21-749, amendment 1.

FISCAL IMPACT:

Funding was included in the amount of $195,000 in the 2022/2023 operating budget. An additional adjustment request was submitted with the 2022/2023 first quarter adjustments in the amount of $396,307 to pay for the contract services in the amount of $302,071 from the Permanent Local Housing Allocation (PLHA) Fund #295.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™ 50
1 Social Work Action Group
Addressing the Homeless in the City of Fontana
FY 2022-2023 Strategic Plan
To address the increase of unsheltered homeless individuals in the City of Fontana, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered individuals, families, and encampments to reduce the number of visible homeless residing in the City of Fontana. With the assistance of Fontana Police Department, SWAG will identify individuals and geographical areas of concern to prioritize our efforts. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will build upon our efforts from the last year in Fontana and continue to reduce the homeless population both visibly and documented through the annual Point-in-Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Fontana to collaborate efforts and spread the message of Responsible Compassion.

1. Census of unsheltered homeless
In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Fontana Police Department, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by-name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s). We will also detail one’s connections and support systems in the city to leverage those individuals and incorporate those resources. This information will be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city.

2. Outreach to the unsheltered homeless
Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. Our team is comprised of individuals with specialized backgrounds in behavioral health, substance abuse, and social work who have a fundamental understanding of human development and behaviors. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term.

3. Trip Home/ Family Reunification
When an individual is found living on the streets of Fontana and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the 51 2
individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation.

Scope of Services
Social Work Action Group (SWAG) will work in conjunction with the City of Fontana to facilitate and lead the overall scope of homeless services for the City of Fontana. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a Monday-Friday, 7:30am-4:30pm schedule. The term of services will be August 1, 2022- October 31, 2022. SWAG will provide the following activities and services:
• Assist with the organization and facilitation of the Point-in-Time Count for January 2023. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • Provide immediate crisis stabilization to those experiencing behavioral health, physical crisis and emergencies and connection to behavioral health and substance abuse treatment services. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets.
• All individuals encountered will be included in the by-name census for the City of Fontana. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Fontana area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct San Bernardino County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services. • Participate in weekly Coordinated Entry Housing Navigation meetings to advocate and ensure clients are being linked to San Bernardino County Continuum of Care housing resources. • Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population.
• Participate in monthly Homeless Task Force meetings.
• Connect homeless population to appropriate housing solutions throughout San Bernardino County. • Provide support to the City of Fontana through trainings, presentations and sharing updates related to trends in regional homeless efforts.
• Assist with coordination and facilitation of Homeless Outreach Community Coalition meetings. • Attend and participate in City Council meetings, as requested. 52 3
2022-2023 City of Fontana
Proposed Three (3) Month Service Agreement
August-October 2022
EXPENSE CATEGORY FTE Budget
Outreach & Case Management Services
Two (2) Outreach Specialist - 40 hrs. per week 2.0 $46,926 One (1) Case Manager - 40 hrs. per week 1.0 $28,677
Transportation Costs $3,000
Administration Costs (5%) $3,780
TOTAL PROPOSED BUDGET $82,383
53 1
Social Work Action Group
Addressing the Homeless in the City of Fontana
FY 2022-2023 Strategic Plan
To address the increase of unsheltered homeless individuals in the City of Fontana, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered individuals, families, and encampments to reduce the number of visible homeless residing in the City of Fontana. With the assistance of Fontana Police Department, SWAG will identify individuals and geographical areas of concern to prioritize our efforts. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will build upon our efforts from the last year in Fontana and continue to reduce the homeless population both visibly and documented through the annual Point-in-Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Fontana to collaborate efforts and spread the message of Responsible Compassion.

3. Trip Home/ Family Reunification
When an individual is found living on the streets of Fontana and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the 54 2
individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation.

Scope of Services
Social Work Action Group (SWAG) will work in conjunction with the City of Fontana to facilitate and lead the overall scope of homeless services for the City of Fontana. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a Monday-Friday, 7:30am-4:30pm schedule. The term of services will be November 1, 2022- June 30, 2023. SWAG will provide the following activities and services:
• Assist with the organization and facilitation of the Point-in-Time Count for January 2023. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • Provide immediate crisis stabilization to those experiencing behavioral health, physical crisis and emergencies and connection to behavioral health and substance abuse treatment services. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets.
• All individuals encountered will be included in the by-name census for the City of Fontana. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Fontana area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct San Bernardino County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services. • Participate in weekly Coordinated Entry Housing Navigation meetings to advocate and ensure clients are being linked to San Bernardino County Continuum of Care housing resources. • Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population.
• Participate in monthly Homeless Task Force meetings.
• Connect homeless population to appropriate housing solutions throughout San Bernardino County. • Provide support to the City of Fontana through trainings, presentations and sharing updates related to trends in regional homeless efforts.
• Assist with coordination and facilitation of Homeless Outreach Community Coalition meetings. • Attend and participate in City Council meetings, as requested. 55 3
2022-2023 City of Fontana
Proposed Eight (8) Month Service Agreement
November – June 2022
EXPENSE CATEGORY FTE Budget
Outreach & Case Management Services
Two (2) Outreach Specialist - 40 hrs. per week 2.0 $125,136 One (1) Case Manager - 40 hrs. per week 1.0 $76,472
Transportation Costs $8,000
Administration Costs (5%) $10,080
TOTAL PROPOSED BUDGET $219,688
56 57
58 59
60 61
62 63
64 65
66 67
68 69
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1774 Agenda Date: 12/13/2022
Agenda #: G. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Resolution Amending the Administrative Policy Detailing the City of Fontana’s Service Award/Retirement Events Policy
RECOMMENDATION:

Adopt Resolution No. 2022-136, Amending Administrative Policy No. 20-01: Service Awards/Retirement Events
COUNCIL GOALS:
· Operate in a businesslike manner.

DISCUSSION:

On June 27, 2006, the City Council adopted an Administrative Policy establishing guidelines for presenting service awards and retirement recognition to full time City employees. This action amends the existing policy by expanding the policy to cover the presentation of service awards and retirement events. The recommended change allows for more flexible with the planning of events as related to service awards and/or retirement presentations.

FISCAL IMPACT:

Given the minimal number of retirements each year it is estimated that the cost of the changes to the policy will be minimal, not exceeding $50,000 per year.

MOTION:

Approve staff’s recommendation.

City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™ 70
City of Fontana

POLICY AND PROCEDURES
Subject: SERVICE AWARDS AND

RETIREMENT GIFTS
Page
1 of 3
Section
20-01
Effective Date
12-14-2022
Issued Date
12-14-2022
Revised Resolution: 2022-XX on December 13, 2022
Revised Resolution: 2006-128 on June 26, 2006 Approval Date: 12-13-2022 I. PURPOSE
To establish guidelines to present retention and longevity incentives through service awards and retirement gifts to full-time City employees.

II. GENERAL POLICY
The City of Fontana has developed a recognition program acknowledging employee’s dedicated service and commitment in support of the City’s goals and objectives leading to a positive and successful work environment.

III. PROVISIONS
A. Service Awards
 Service awards recognize employees who have demonstrated their commitment to the City through continuous years of service. Based on the number of continuous years of service, service award pins are presented to employees in five-year increments after five (5) years of service up to 35 years of service.
 The following service award pins are presented to eligible employees the year following the completion of each five-year increment.

Years of Service Service Award Pin
5 Years Gold Plate with Stamp
10 Years Gold Plate with Stamp
15 Years Gold Plate with Stamp
20 Years Gold Plate with Ruby
25 Years Solid Gold with 1 Diamond
30 Years Solid Gold with 2
Diamonds
35 Years Solid Gold with 3
Diamonds

1. Presentation of Service Awards
 The annual recognition event date will be determined based on location availability and scheduling.
 All service award pins are presented to employees by the respective Department Director or designee.
 Thank you letters from the Mayor and City Council are given to each recipient.  The Mayor and City Council will make a formal presentation to employees receiving awards for 20 or more years of service.
71 City of Fontana

POLICY AND PROCEDURES
Subject: SERVICE AWARDS AND

RETIREMENT GIFTS
Page
2 of 3
Section
20-01
Effective Date
12-14-2022
Issued Date
12-14-2022
Revised Resolution: 2022-XX on December 13, 2022
Revised Resolution: 2006-128 on June 26, 2006 Approval Date: 12-13-2022  The annual recognition event will be open only to those employees being recognized. Additional guests will not be permitted.
 In the event that an employee’s service award pin is lost, the City will not be obligated to provide a replacement. A replacement may be made available depending on the cost and/or available inventory.

2. Eligibility for Service Awards
 The City will recognize the following eligible employees:
o Full-time employees who possess continuous years of service o Full-time employees who possess consecutive full-time and part-time continuous years of service
B. Retirement Gifts and Events
 City contribution towards a retirement gift and/or contributions toward retirement events can be given in appreciation of dedicated service and commitment to the City of Fontana at the recommendation of the Department Head. The value of said contribution is based on years of continuous service and can be used for retirement gifts or retirement events only.
 Service years do not include provisional appointments.  The value of the City contribution towards retirement gifts or events shall not exceed the following:

Completed Years of
Service
Benefit Value
10-14 Years $300.00
15-19 Years $400.00
20-24 Years $500.00
25-29 Years $600.00
30+ Years $800.00

1. Presentation of Retirement Gifts and Events
 Retirement gifts or events will be requested/purchased by the Department and presented at either, if applicable:
o A retirement event
o A regular City Council Meeting
o On their final working day
 Amounts are paid out of the Department’s departmental operating expenses. 72 City of Fontana

POLICY AND PROCEDURES
Subject: SERVICE AWARDS AND

RETIREMENT GIFTS
Page
3 of 3
Section
20-01
Effective Date
12-14-2022
Issued Date
12-14-2022
Revised Resolution: 2022-XX on December 13, 2022
Revised Resolution: 2006-128 on June 26, 2006 Approval Date: 12-13-2022

2. Eligibility for Retirement Gifts and Events
 Employees will be eligible for such retirement gifts or events provided that they give at least two (2) weeks’ notice of their last working date and will work through their final date on payroll.
73 Resolution No.

Page 1 of 2 ends

RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA UPDATING AN ADMINISTRATIVE POLICY 20-01

ESTABLISHING THE GUIDELINES FOR PRESENTATIONS OF
SERVICE AWARDS AND RETIREMENT EVENTS/GIFTS.

WHEREAS, the City Council of the City of Fontana has adopted Administrative Policies which detail the Rules and Regulations under which the City operates; and
WHEREAS, the Administrative Policies are periodically updated to reflect organizational changes and needs.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana updating Administrative Policy No 20-01, governing the City’s Service Awards and Retirement events by expanding the policy to cover the presentation of service awards and retirement events and/or gifts.

EFFECTIVE DATE: December 14, 2022
APPROVED AND ADOPTED this 13th day of December 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 Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held 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
74 Resolution No.

Page 2 of 2 ends

ATTEST:

City Clerk
75 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1842 Agenda Date: 12/13/2022
Agenda #: H. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Award a bid for the 17878 Upland Ave Rehabilitation Project SB-36-HD-23 RECOMMENDATION:

Award and authorize the City Manager to execute a construction contract with Final Touch Construction for the rehabilitation of the 17878 Upland Avenue in the amount of $229,963 and authorize a 10% contingency in the amount of $22,996 (Bid No. SB-36-HD-23).

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

The property at 17878 Upland Avenue was originally acquired by the City’s Housing Department on March 29, 2022. The property consists of a single-family home in disrepair with multiple unpermitted structures. The City intends to fully rehabilitate the property to meet Health and Safety standards and add the property to its affordable unit portfolio.

On September 14th, 2022, the Invitation to Bidders was sent out to six hundred sixty (660) vendors and it closed on October 13th, 2022 at 2:00 p.m. There were forty-one (41) downloads and a total of three (3) valid bids were received ranging from $229,963.00 to $384,000.00. Final Touch Construction submitted the apparent lowest bid in the amount of $229,963.00. The Inspector/Engineer estimated the total rehabilitation cost for this rehabilitation to be $202,554.00.

After reviewing the proposed bid documents and performing the license and certification checks, Housing and Purchasing staff has determined Final Touch Construction to be the lowest responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $229,963 (contract plus contingency).

Funds are budgeted in Fiscal Year 2022-23 Community Development Block Grant (CDBG) Fund 362, Project 30200002.

MOTION:

City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™ 76
File #: 21-1842 Agenda Date: 12/13/2022
Agenda #: H. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™ 77
Bid Results
Single Family Rehabilitation Program
17878 Upland Avenue
SB-36-HD-23
Final Touch Construction $229,963.00
Fontana, CA
Construction Masters $339,853.57
Ontario, CA
Urban Professional Builders $384,000.00
Pasadena, CA
78 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 1 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
79 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 2 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
80 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 3 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
81 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 4 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
82 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 5 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
83 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 6 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
84 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 7 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
85 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 8 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
86 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 9 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
87 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 10 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
88 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 11 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
89 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 12 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
90 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 13 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
91 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 14 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
92 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 15 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
93 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 16 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
94 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 17 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
95 City of Fontana
Single Family Rehabilitation Program - 17878 Upland Avenue (SB-36-HD-23), bidding on 10/13/2022 2:00 PM (PST)

Page 18 of 18 ends

Printed 11/22/2022
PlanetBids, Inc.
96 INSP-3 Pg. 1 HRP Program
©MDG Associates, Inc. Rev. [program adoption date]
City of Fontana
Single Family Housing Rehabilitation Program

WORK DESCRIPTION AND BID PROPOSAL FORM
Name: City of Fontana Case No.:

Address: 17878 Upland Ave. Tel. No.:

City: Fontana, CA 92335 Date: Rev 09/13/2022
All work is to be done per City of Fontana building, planning and public works codes. In order to establish standards of quality, the detailed specifications may refer to a certain product by name and/or from a major manufacturer. This procedure is not to be construed as eliminating from competition other product(s) of equal or better quality by other manufacturers. When choosing to deviate from the specified products, the contractor shall furnish the list of proposed desired substitutions at the time of submitting their bid proposal. All items listed in this Work Description and Bid Proposal Form, unless otherwise specified, shall include all finish work, including all trim hardware, patching, and finish painting and/or staining. All overhead and profit should be included in each line item. All materials to be installed require owner(s) review and approval. Use of leadbased paint is prohibited. Removal or work on asbestos or lead containing materials is subject to all applicable federal, state and local regulations. The selected contractor is responsible for the obtaining of all required approvals, permits, and inspections—the costs of which are included in each respective line item, and is required to possess a valid City of Fontana business license.

WORK DESCRIPTION AND STANDARD SPECIFICATIONS
REQUIRED ITEMS:

1. Install New Vinyl Fence:

Remove and dispose of the existing 1 x 6 x 6-foot-high fence planks around the perimeter of the property. Install new concrete footings and 4 x 4 posts as necessary for the installation of new 6’ H privacy vinyl fence. Install a new gate to match new vinyl fence, adjacent to the rear edge of the dwelling along the west and east side of the dwelling, where existing gates are located. New vinyl gate shall include the installation of all required hardware, to include hinges and barrel bolt or latch. Install as per manufacturer specifications. New vinyl fence requires approval from the Planning Department for location and height and the Building Department for structural integrity. If existing fence or new fence is on the property line, written approval from the affected neighbor is required. Contractor shall provide project manager samples of fence style, material and colors for selection prior to purchase and installation.

PERMITS AND INSPECTIONS REQUIRED

2. Remove Existing Rear Yard Asphalt:

Contractor shall remove and dispose of existing asphalt located in the rear yard. Clear area for the installation of new landscaping and irrigation by others. 97 INSP-3 Pg. 2 HRP Program
©MDG Associates, Inc. Rev. 2020

3. Connect Dwelling Sewage System to City’s Sewage Lateral:

Disconnect and properly terminate existing private sewage disposal system. Private sewage disposal systems (i.e. cesspools, septic tanks, seepage pits) that have been disconnected from dwelling shall have all sewage removed by a qualified pumping service.

Backfill as required by code. The filling shall not exceed the vertical portions of the sidewalls.

All vents and outlet pipes shall be removed or plugged prior to filling. Any damage to the concrete, landscaping, or other improvements shall be repaired/replaced to match condition prior to work being performed. Contractor shall contact the building department for inspection prior to backfilling. Removal shall comply with the Uniform Plumbing Code, current edition.

Replace existing sewer line currently connected to the existing septic system. Replace with a new sewer line connected to the City’s sewer lateral line at property line. The contractor shall investigate with the City’s Engineering Department or Building Department as to the location of the existing lateral line located at the property line. (i.e. curb). Material to be used shall be schedule 40 A.B.S. or vitrified clay pipe, the City of Fontana shall approve all pipe. Pipe size shall comply with the Uniform Plumbing Code, current edition. Each horizontal drainage pipe shall have an approved clean out at its upper terminal. A clean out shall be placed every one hundred feet (100’) feet of developed length. Install code complying back-flow device, as required. Perform waste line reversal at residence outlet(s) as necessary. Connect washing machine drain line to waste system, as necessary. An additional clean out shall be provided for each horizontal change of direction exceeding one hundred thirty five (135) degrees. Each clean out shall be at grade in an approved clean-out box, suitable for the installation location and conditions.

Changes in direction of flow shall be made with the appropriate use of approved fittings.

All horizontal drainage piping shall have a uniform slope of not less than ¼ inch per foot or 2% grade toward point of disposal. If a condition exists due to depth of point of connection (P.O.C.) check with the City of Fontana for approval to use less than 2% percent grade. If pipe installation is performed by trenching, all pipes shall have a minimum of 6” of clean sand bedding and one (1) foot of clean sand over pipe. All piping shall be permitted and have a standing or a running water test. The City of Fontana shall determine testing protocols.

Restore all work-impacted improvements to pre-construction condition. Contractor shall be responsible for all backfill, compaction, grading, concrete, asphalt, landscape/ hardscape/ improvement restorations, and all related tasks performed in conjunction with sewer installation for a period of one (1) year after Notice of Completion is filed.
____Yes Washing machine connection ____ No
required: Backflow device required: ____Yes ____ No
Contractor shall obtain all required information, permits and inspections from the City Building Department and Public Works Department. Contractor shall be responsible for all applicable fees and permits. All traffic control measures required by the City shall be the responsibility of the contractor.

PERMITS AND INSPECTIONS REQUIRED

DELETE THIS
ITEM
D
E
L
E
T
E
98 INSP-3 Pg. 3 HRP Program
©MDG Associates, Inc. Rev. 2020

4. Lead:

In accordance with XRF-Lead & Lead Risk Assessment report prepared by A-Tech Consulting, Inc. some components in different areas of the dwelling tested positive for the presence of lead at or above 1.0 mg/cm2. If any demolition work or any surfaces are to be disturbed during this rehabilitation, contractor shall refer to section 8.0 summary of Results and 9.0 Conclusion and Recommendations. The Lead Report shall be and is hereby included within this Work Write-Up. Certified Abatement Contractor shall be responsible for all abatement, demolition, removal of any positive tested materials and scheduling and obtaining clearance inspections from A-Tech Consulting, Inc.

Documentation shall be maintained by Contractor documenting the “chain of custody and disposal of materials” along with a clearance report after completion in order for the work to be deemed complete and shall be submitted as part of the final progress payment request (not retention payment).

5. Asbestos:

In accordance with the Comprehensive Asbestos Assessment report prepared by A-Tech Consulting, Inc. it was determined that Asbestos is present in the materials analyzed in different areas of the Dwelling. For reference and additional information, The Asbestos Report shall be, and is hereby included within this Work Write-Up. Contractor shall refer to section 8.0 Recommendations. Certified Abatement Contractor shall be responsible for all abatement, demolition, removal of any positive tested materials and scheduling and obtaining clearance inspections from A-Tech Consulting, Inc.

6. Clean Building Drain and Waste Piping
Contractor shall provide labor and materials to properly run a plumber’s snake through all of the drain and waste line of the dwelling to eliminate back-up/slow drainage from the bathtub.

Contractor shall repair and/or replace any damaged piping as required.

7. Replace Interior Water Piping (Re-Pipe – Copper):

Remove and dispose of all existing water lines within the dwelling. Install new copper water lines from the main entry point to dwelling to all interior fixtures including, but not limited to, the backyard hose bib, kitchen sink, bath tub/shower, bath sinks, toilets, laundry and water heater. Installation shall include replacement of all existing under-floor hot and cold supply lines, all hot and cold vertical risers, and all piping to existing fixtures (inclusive of water heater).

The size and installation of the plumbing lines shall comply with Chapter 6 of the California Plumbing Code, current edition. The contractor shall be responsible for patching, repairing and/ or correcting any damage caused to the walls, ceilings, floor, etc. resulting from the replacement of the water lines. All finishing elements shall be left in a completed state to match the existing surfaces.

PERMITS AND INSPECTIONS REQUIRED
99 INSP-3 Pg. 4 HRP Program
©MDG Associates, Inc. Rev. 2020

8. Replace Electrical Wiring Including Service:

Contractor shall remove and dispose of the existing electrical wiring throughout the dwelling. Contractor shall install a new, complete wiring system of the dwelling, including a new 200 Ampere electrical service panel, circuit breakers, grounding, wiring, new outlet boxes, connectors, receptacles, light switches and cover plates to meet current California Electrical Code. Contractor shall include the installation of GFCI outlets throughout the dwelling and garage as required by the California Electrical Code. Repair any and all wall damage caused by the replacement of the electrical system. Replace any junction boxes as necessary. Obtain all required permits and inspections from the City Building Department. For New Main Electrical Service Panel installation requirements refer to Line item No 7

PERMITS AND INSPECTIONS REQUIRED

9. Replace Main Electrical Service Panel:

Remove and dispose of the existing electrical service. Install one (1) new 200 AMP electrical service to meet current California Electrical Code requirements. The new electrical service shall be single phase, 3 wire with ground, include a main disconnect, twelve (12) circuit bus panel board, meter socket, service riser and weather head, and all required fittings and connections for proper installation. The height of the meter shall be between 48” and 66” above the ground and a minimum of 36” horizontal clearance from the gas meter and piping. Meter shall not be installed on exterior walls adjacent to bedrooms or bedroom closets. A minimum clear working area in front of the panel shall be 30” wide by 36” deep and 6’-6” head clearance. Label all circuits. Grounding of the electrical service at the main water line must be within the first 5’ of water piping into the building. The underground water service shall not be used as the grounding electrode without supplemental electrode. The grounding electrode shall be nonferrous (copper), listed, and not be less than ½” in diameter. The electrode shall be installed such that at least 8’ of the length is in contact with the soil. The upper end of the electrode shall be flush with or below ground level unless the above-ground end and the grounding electrode conductor attachment is protected against physical damage.

Contractor shall call the Building Department for all required inspections and call Southern California Edison for correct meter location and letter of approval. Obtain the required permits and inspections from the City Building Department.

PERMITS AND INSPECTIONS REQUIRED
100
INSP-3 Pg. 5 HRP Program
©MDG Associates, Inc. Rev. 2020

10. Room Demolition:

Contractor shall remove and dispose of the existing non-permitted structure located in the rear side of the dwelling (three spaces). Existing concrete slab shall remain, if applicable. Contractor shall repair existing exterior walls and roof, if applicable, affected by the demolition and restore to a finish to match existing adjacent surface. Demolition shall include the removal and/or capping of plumbing and electrical service at the source. Contractor shall obtain all required permits for the work listed above. Where old sliding door use to be, contractor shall open framing space and restore to its previous use, prepare for the installation of a new sliding door.

Demolition shall comply with lead base risk assessment control plan, as per attached report.

PERMITS AND INSPECTIONS REQUIRED

11. Replace Sliding Glass Door:

Install a new 6’-0” wide “Jeld-Wen” (or approved equal) vinyl, dual glazed insulated sliding glass door, labeled with a minimum U-value of .75 and tempered glass in accordance with the California Building Code in the living room area New door shall include all required hardware, door lock, and a screen door. The new door shall match existing opening. The contractor shall repair any damage caused to either side of the existing wall or other finishing elements due to the change out of the door. The project manager shall select and approve doorframe color and style from samples provided by the contractor prior to the purchase of the door.

12. Termite Damage and Dry Rot Repairs:

Contractor must obtain a termite report from a State of California Licensed Pest Control Contractor. Contractor must the follow Pest Control contractor recommended eradication measures to address any identified termite infestation. The Pest Control Contractor’s report shall be, included with the bid package when submitting bid for consideration. The eradication of any and all termite infestation shall be performed by a State of California Licensed Pest Control Contractor. The cost of the termite eradication and all repairs recommended in the report for the elimination of termite damage and dry rot shall be a part of this estimate/bid. Structural repairs may require the preparation of drawings, obtaining and payment of any required permits, and all inspections and approvals as required by the City Building and Safety Department. The performance of the actual repairs shall include all costs therewith and shall be included within this bid item. Repair shall include the painting of all exterior wood that was replaced as a result of the work. Caulk all required areas prepare and paint all new exterior wood surfaces with a complete exterior primer coat followed with two coats of exterior 100% acrylic semi-gloss enamel exterior paint “Dunn Edwards” (or approved equal) to obtain a complete and even coverage of all painted surfaces and as per manufacturer’s specifications. Contractor shall be responsible for protecting all that is not to be painted. Remove all over-spray from adjacent surfaces. The property owner will select the paint color from samples provided by the contractor or paint to match existing.

Termite Control Contractor:_______________________ Ph. No.___________ 101
INSP-3 Pg. 6 HRP Program
©MDG Associates, Inc. Rev. 2020

13. Replace Damaged Fascia & Rafter Tails:

Remove and dispose all of the fascia boards and damaged/dry rotted rafter tails on the dwelling and install new fascia to match the size of the existing fascia, and rafter tails to match existing condition. New fascia shall be mitered at all corners. New rafter tails shall be attached to provide a maximum 1/3 unsupported overhang (i.e., existing rafter tails shall be cut at top plate and new rafters shall extend into the dwelling/garage a distance equal to 2/3 the length of the rafter overhang on the exterior.) New rafter tails shall be fastened to support weight of roof. Prepare and paint all new wood fascia and rafter with a complete exterior primer coat followed with two coats of exterior 100% acrylic semi-gloss enamel exterior paint “Dunn Edwards” (or approved equal). Apply as per manufacturer specifications. Caulk all required areas. Clean all over-spray as necessary. The property owner will select the paint color from samples provided by the contractor.

14. Re-Roof (Shingles):

Remove and dispose of all existing roof covering layers. Install new 30lb. Saturated felt base (ASTM), and new GAF Timberline® (or approved equal) “Dimensional/30" intermediateweight shingle backed by a 30 year transferable warranty. Install new GAF Timberline® (or approved equal) high profile hip and ridge cap SBS modified. The installation shall include all new sheet metal flashing where required - valleys, drip edges, roof jacks, pipe flashing, and vent caps. Seal all roof penetrations with appropriate mastic cement or sealant (blend as necessary) to insure integrity of the roof. Installation to be code complying and requires permits and inspection. Prep and finish all newly installed unfinished sheet metal in a color that complements new roof covering. The owner shall select and approve roofing materials and color prior to application. The contractor shall provide the owner with the manufacturer’s warranty for materials upon completion of roof installation. State of California HCD Permit Required

15. Install Batt Insulation in Attic Space:

Contractor shall remove all existing attic insulation and install new “Owens-Corning” (or approved equal) R-30 fiber glass batt insulation in the attic space. New batts shall be 10” thick x 16” wide to fit within the ceiling joist bays. Contractor shall install baffles as necessary to prevent the loose insulation from blocking any ventilation screens (eave, gable, ridge, etc.).

16. Rain Gutters and Down Spouts:

Remove and dispose of existing rain gutters and downspouts throughout the dwelling and garage. Install new seamless baked enamel rain gutters and downspouts. Rain gutters shall be 5" in size and the down spouts shall be a minimum 2" x 3". Install concrete splash blocks at al downspout locations. Work shall include all necessary hardware and splash blocks. Apply sealer at all connecting joints to insure water tight seal. Finish color shall be selected by owner prior to installation.
102
INSP-3 Pg. 7 HRP Program
©MDG Associates, Inc. Rev. 2020

17. New Stucco Color Coat:

The existing stucco surface throughout the dwelling and attached garage shall be wet sandblasted as required to remove the weathered surface of the existing finish coat of the stucco. All minor cracks in the existing stucco of 1/16" or less in width and where the lath has not detached from the wall framing may be repaired by patching. After all minor cracks are repaired, the sandblasted finish coat shall be refinished to achieve a minimum 7/8" thick layer of stucco. Contractor shall trench down approximately 3” below grade adjacent to the building to expose all stucco surfaces and to ensure appropriate coverage. Prepare all surfaces for the application of a new color-coat and light texture using “La Habra” stucco products (or approved equal). Apply the new color-coat and texture in a consistent manner. The property owner shall select color and texture from samples provided by contractor.

Contractor shall be responsible for notifying adjacent properties in advance of sandblasting operations. Contractor shall take precautions necessary to a) protect adjacent properties, b) control dust migrating to adjacent properties, and c) clean all materials from adjacent properties resulting from the sandblast and color-coat operations. Contractor shall protect all adjacent landscaped area, exterior equipment and appliances from the sandblast and colorcoat operations. Building Permit and Inspections Required.

All sandblasting work shall comply with State lead requirements and the Lead Survey prepared by A-Tech Consulting, Inc. (see attached)

18. Replace Exterior Wood Siding:

Remove and dispose of all existing wood siding. Contractor shall provide and install new Georgia -Pacific Cedar Spectrum Vinyl Siding, Model #117360 (or approved equal). Color and style to be selected by project manager form samples provided by contractor.

Installation shall be in the configuration, location and manner to match existing.

Installation shall comply with all applicable codes and in a strict compliance with the manufacturer’s specifications and instructions. Install over approved permeable house wrap or building paper, all vertical furring strips shall be installed lined up with the studs. Install all the screen materials under the ends of the furring strips and install siding over furring strips.

Contractor shall include the installation of all flashing as needed to prevent moisture from entering wall and roof spaces. Provide all trim closures and other required components as needed using the material recommended by the manufacturer for a complete and proper installation. Contractor shall examine the areas and conditions under which work will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. Set siding plumb, level and true to line without warp or rack, touch up mars, scratches and cut edges to match original finish. 103
INSP-3 Pg. 8 HRP Program
©MDG Associates, Inc. Rev. 2020

19. Paint Exterior Wood:

Prep all exterior wood surfaces to include all fascia, trim, eaves, posts, the exterior side of all entry doors, window trim, porch guardrails, etc. found on the dwelling. Pull all nails and tacks that are found. Replace all dry rotted or damaged wood prior to painting. Remove all loose peeling paint, dirt, dust etc. Prep and paint all wood surfaces with a complete exterior primer coat followed with two (2) coats of exterior 100% acrylic semi-gloss enamel exterior paint “Dunn Edwards” (or approved equal) to obtain a complete and even coverage of all painted surfaces.

Caulk all required areas. Clean all over-spray. Color to match existing.

All painting work shall comply with State lead paint requirements and the Lead Based Paint Survey prepared by A-Tech Consulting, Inc.

20. Interior Paint – All Rooms:

Contractor shall paint all interior surfaces of the dwelling. Wash all walls, ceilings, doors, paint grade cabinets, and paint grade woodwork prior to painting the entire interior (except where wallpaper exists) to remove mildew, film, grease, etc. Inspect all surfaces and fill in all holes and cracks, sand to a smooth finish, prime areas where repairs have been done. All stains on the walls and ceiling shall be treated with “Kilz” Latex Stain Blocking Sealing/Primer (or approved equal) prior to application of paint. Apply two coats of “Dunn Edwards” (or approved equal) Suprema interior “washable” latex egg-shell paint for walls and ceiling and semi-gloss paint for doors (all six sides), paint grade cabinets, and paint grade woodwork as per manufacturer’s specifications. Use drop clothes to protect all that is not to be painted. Protect all hardware and all other surfaces not intended for paint. The owner shall be responsible for removal of all items in closets to enable the painting work to be completed.

The owner shall select and approve paint color(s) prior to application.

21. Replace Exterior Light Fixture:

Remove the existing light fixture and install one (1) new light fixture Hampton Bay wall lantern (or approved equal) by the front entry door. The contractor shall provide the owner a $60.00 allowance for the fixture. The contractor shall provide and install a new light bulb for fixture.

Contractor shall make all connections required to complete the installation in accordance with the California Electrical Code. Project manager shall select the style and color of the fixture from samples provided by the contractor.
104
INSP-3 Pg. 9 HRP Program
©MDG Associates, Inc. Rev. 2020

22. Replace Light Fixture with New Ceiling Fan:

Remove and dispose of the existing ceiling light fixture in all bedrooms and dining area. Install a new, 52” diameter, 5 blade, dual mount Hampton Bay (or approved equal) ceiling light/fan with remote control. Contractor shall also provide all required hardware, reinforcement of the outlet box, and electrical connections to complete the installation of the ceiling light/fan assembly.

Contractor shall provide the homeowner with an allowance of $70.00 for the ceiling light/fan/ remote control assembly. Project manager shall select color and style from samples provided by the contractor. Install as per manufacturer’s instructions and to comply with the California Electrical Code.

23. Install New Water Heater:

Furnish and install a new “Rheem Model # XG40S12HE38U0 Performance Platinum” (or approved equal) 40 gal. 38,000 BTU High Efficiency Natural Gas Water Heater in the existing location, Installation shall include code complying venting, T&P valve with metal discharge line.

Provide new hand operable gas shut off valve and appliance flex connection hose, and water supply valve (ball type) with new copper flex supply lines and insulating wrap all per code.

Installation shall include dielectric coupling where required. A sediment trap shall be installed downstream of the appliance shutoff valve as close to the inlet of the water heater as practical at the time of water heater installation and in compliance with the California Plumbing Code.

Provide a pressure relief valve (discharge line must lead to house exterior and discharge to a point within 18” from ground level, crawlspace not permitted). Strap the water heater to framing (upper 1/3 and lower 1/3). Repair all holes and work impacted surfaces. Cap all unused lines at the source (per code) and out of sight. Install a new water heater blanket on the water heater.

Installation of new water heater in garage shall include the installation of a new 18” high platform to support the weight of the water heater. Permit Required. 105
INSP-3 Pg. 10 HRP Program
©MDG Associates, Inc. Rev. 2020

24. Install New HVAC System:

Remove and dispose of the existing attic HVAC system. Install a new “Rheem” gas furnace (or approved equal). The new system shall be of adequate size (BTU’s) to handle the size of the house. Installation shall include a new condensing unit, thermostat, replacement of existing ductwork, new registers throughout house and main disconnect to code. The new unit must have minimum efficiency of 80%. The contractor shall be responsible for placing the unit in operation. Contractor shall provide the homeowner with the complete instructions and training on the operation of the system and shall provide a copy of the manufacturer’s warranty to the owner. The unit shall have the Energy Star logo per the HUD energy guidelines.

PERMIT AND INSPECTION REQUIRED.

25. Remove Existing Wall Heater:

Contractor shall provide all labor and materials to remove and dispose of the existing wall heater located in the hallway leading to bedrooms. Seal wall opening resulted from the removal of heater with new framing and drywall to match existing wall.

26. Smoke Detectors and Monoxide Detectors:

A total of 4 smoke detectors shall be installed. Contractor shall remove existing non-operational smoke detectors and install new smoke detectors within every sleeping room, at a point centrally located in the corridor, hallway, or area giving access to each separate sleeping area in accordance with the California Building Code. Smoke detectors to be installed shall have a ten year non-removable batteries, provide a place on the device to where the date of installation can be written, incorporate a hush feature and display the date of manufacture.

Contractor shall be responsible for testing all smoke detectors to ensure their proper operation.

Contractor shall install a new carbon monoxide detector and test to ensure proper operation in accordance with the California Building Code. Device shall be installed on a wall about five feet above from floor level and at least three feet from HVAC vents, they should be located outside of each separate sleeping area in the immediate vicinity of the bedroom(s) in dwelling units and on every level including basements within which fuel-fired appliances are installed and in dwelling units that have attached garages. 106
INSP-3 Pg. 11 HRP Program
©MDG Associates, Inc. Rev. 2020

27. Replace Front Entry Door Assembly:

Remove and dispose of existing front main entry door. Install a new code complying Douglas fir, “Jeld-Wen” (or approved equal) prehung, raised 6-panel, solid core entry door.

The door installation shall include the removal and replacement of jamb, casing, stucco mold, and threshold in addition to a new “Schlage” (or approved equal) entry lockset and 1" minimum throw matching single cylinder deadbolt lock assembly (thumb lever on the interior, key operated on the exterior). Install a new interior “viewer” and bulb type weatherstripping on the new door. Door, weather-stripping and threshold must be adjusted so that a paper will not push through. The owner shall have a $180.00 allowance towards the purchase of the door. The contractor shall prepare, prime, and paint (or stain if applicable) all six sides of the new door and door frame with two coats “Dunn-Edwards” (or approved equal) to obtain complete coverage and maximum resistance to weather exposure. The owner shall select and approve the door, door hardware and door color from samples provided by the contractor prior to installation.

28. Install New Front Security Screen Door
Install one (1) new steel security screen door. Installation to include “Schlage” (or approved equal) entry lockset and 1" minimum throw matching single cylinder deadbolt lock assembly (thumb lever on the interior, key operated on the exterior). The security door shall be an 18 gauge heavy-duty steel frame, steel perforated mesh, baked on powder coating, pre-hung hinged jamb with four tamper resistant security hinges, reversible for left or right hand opening. The owner shall have a $100.00 allowance towards the purchase of the door.

The owner shall select and approve the door, door hardware and color from samples provided by the contractor prior to purchase and installation.

29. Replace Garage Side Entry Door:

Remove and dispose of existing exterior side entry door to the garage. Install a new code complying, pre-hung, 1-3/4” “Masonite” (or approved equal), premium flush, 24 gauge steel door. The door installation shall include a new “Schlage” (or approved equal) entry lockset and levered 1" minimum throw matching single cylinder deadbolt lock assembly. The contractor shall prepare, prime, and paint all faces and edges of the new door and door frame with two
(2) coats of exterior semi-gloss paint. The owner shall have a $170.00 allowance towards the purchase of the door. The owner shall select the paint color and approve the door and door hardware (lockset) prior to installation.

30. Replace Kitchen Side Entry Door:

Remove and dispose of existing exterior side entry door to the kitchen area. Install a new code complying, pre-hung, 1-3/4” “Masonite” (or approved equal), premium flush, 24 gauge steel door. The door installation shall include a new “Schlage” (or approved equal) entry lockset and levered 1" minimum throw matching single cylinder deadbolt lock assembly. The contractor shall prepare, prime, and paint all faces and edges of the new door and door frame with two
(2) coats of exterior semi-gloss paint. The owner shall have a $170.00 allowance towards the purchase of the door. The project manager shall select the paint color and approve the door and door hardware (lockset) prior to installation. 107
INSP-3 Pg. 12 HRP Program
©MDG Associates, Inc. Rev. 2020

31. Replace Exterior Water Heater Enclosure Door:

Remove and dispose of the existing utility room door located at the rear portion of the dwelling (exterior). Contractor shall provide all labor and materials to patch and repair the existing door jamb and threshold. Provide and install a new hardboard solid core door with 12” high x 12” wide vent on the top and bottom of the door to allow proper venting for the water heater.

Installation shall include “Schlage” (or approved equal) Keyed Entry Lock Knob. Apply two coats of Dunn Edwards (or approved equal) exterior grade semi-gloss paint on the door (all six sides). Use drop clothes to protect all that is not to be painted. Protect all hardware and all other surfaces not intended for paint. The owner shall select and approve paint color(s) prior to application.

32. Install New Passage Doors:

Remove and dispose of the existing interior passage doors throughout the interior of the dwelling. Provide and install new passage doors throughout the inside of the house (5 total doors -th contractor to verify). New doors shall be “Masonite” (or approved equal) 6 panel composite wood, primed ready to paint hollow core, 1-3/8” thick, embossed simulated wood grain panels. Apply two coats of Dunn Edwards (or approved equal) interior semi-gloss latex paint on the doors (all six sides) and as per manufacturer specifications prior to installing the door(s). Use drop clothes to protect all that is not to be painted. Protect all hardware and all other surfaces not intended for paint. The owner shall have a$45.00 allowance towards the purchase of the door. The owner shall select and approve paint color(s) prior to application.

Installation shall include new passage type door lockset for bedrooms and privacy type locksets for bathrooms.

33. Replace Closet Doors (Bi-Pass):

Remove the existing bi-pass closet doors at all three bedrooms. Replace the closet doors with 2 new “Masonite” (or equal) Composite Primed Hollow Core 6-Panel Textured Slab Door ready-to-paint bi-pass wardrobe doors. Doors shall be installed on a new sliding-door hardware set with one-piece steel track; side-mount, single-wheel hangers; molded thermoplastic wheels; finger pull; zinc plated steel base floor guide with molded thermoplastic wheels.

Prior to installation of the doors, apply two coats of Dunn Edwards (or approved equal) semigloss latex paint on the doors as per manufacturer Specifications. Owner shall select door paint color from samples provided by the contractor.

34. Replace Garage Door Opener
Remove and dispose of the existing garage door opener. Install one (1) new screw-drive ½ HP Genie (or approved equal) garage door opener with automatic light and safety stop and automatic reverse safety device. Automatic garage door opener shall have a battery backup function that is designed to operate when activated because of an electrical outage.

Install all electrical wiring and components to complete the installation of the garage door opener. All work shall be performed in accordance with the California Building Code and the California Electrical Code. Opener to be installed as per manufacturer’s specifications. Provide two remote controllers and manufacturer’s warranty documentation for the opener to the owner. The owner shall have a $200.00 allowance towards the purchase of the opener 108
INSP-3 Pg. 13 HRP Program
©MDG Associates, Inc. Rev. 2020

35. Installation of Dryer Vent:

Provide and install a new dryer vent that runs to the side of the dwelling. The new vent shall be installed to comply with the California code requirements. The contractor shall seal all other openings not in use and repair to match the conditions adjacent to the opening.

36. Replace Windows:

Remove and dispose of the existing windows throughout the dwelling. Install new “Milgard” Skyline series, or approved equal, replacement type (retrofit), vinyl, single-hung or sliding, dual glazed, windows, labeled with a U-Value of .75, to match and insert into the existing openings. All bathroom windows shall have opaque glass. Secure the windows in a weather tight manner as required by the California Building Code and the manufacturer’s specifications. Installation shall include all finishing elements associated with the replacement type windows including shoemold or other molding material on the interior side of the window frame. If existing, reinstall or replace any trim work. Repair all interior and exterior surfaces affected by this work and finish to match the surrounding surfaces. The contractor shall verify opening size and color before ordering windows. Installation of new windows shall include the installation of new removable screens on the windows. The owner shall select and approve the color of the window frame and the grid style prior to the windows being ordered.

Note: Bedroom windows shall meet the minimum emergency escape/exiting requirements as noted in the California Building Code. Contractor shall adjust opening to fit adequate window size to meet code requirements.

NOTES: The contractor SHALL furnish at the time of bid submittal, the list of proposed desired substitutions for window manufacturers that the contractor deems equivalent to “Milgard”.
109
INSP-3 Pg. 14 HRP Program
©MDG Associates, Inc. Rev. 2020

37. General Drywall Repairs Throughout:

Contractor shall remove damaged existing wall (and/or ceiling) drywall and install new drywall to fill opening. Repair all existing and newly created holes and/or damaged surface.

Drywall patches shall be performed by removing drywall to the center of the adjacent stud and attaching new drywall piece to a stud on each side to match existing drywall thickness. Provide blocking between studs where it is necessary to obtain adequate backing. Sand, tape, texture, and prep the repaired and affected walls (and/or ceiling) in the room to receive primer and fresh paint. The finish shall meet The Gypsum Association published GA 214-90: Recommended Specifications: Levels of Gypsum Board Finish Level 4 finish. Where existing ceiling acoustic texture exists, contactor shall apply new acoustic texture to match existing conditions. Prime and apply two coats of fresh paint “Dunn Edwards” (or approved equal) Suprema interior “washable” latex egg-shell paint for walls (and/or ceiling). In locations where baseboard is removed or does not exist, contractor shall install new baseboard to match the existing condition in that room. Apply two coats of fresh paint “Dunn Edwards” (or approved equal) Suprema interior “washable” latex semi-gloss paint for baseboard (and/or casing). The owner shall select and approve paint color(s) prior to purchase and application from samples provided by contractor. Use drop clothes to protect all that is not to be painted. Protect all hardware and all other surfaces not intended for paint The contractor shall be responsible for testing the ceiling to assure it does not contain asbestos and complying with all applicable laws relating to asbestos.(if applicable) 110
INSP-3 Pg. 15 HRP Program
©MDG Associates, Inc. Rev. 2020

38. Install New Vinyl Plank Flooring:

Contractor shall remove, properly dispose of, and replace the existing flooring throughout the dwelling where existing tile exist.

Contractor shall scrape and clean the existing concrete slab and identify all uneven and damaged areas of the concrete slab floor. Contractor shall properly apply patching and/or leveling products/compound to all uneven and damaged areas in accordance with manufacturer’s specifications to achieve a level, smooth and uniform surface. Allow ample time for leveling products/compound to completely dry per manufacturer’s specifications prior to installation of new flooring.

Contractor shall furnish and install new residential grade, luxury vinyl plank flooring. New vinyl plank flooring planks shall be installed using a “Staggered” layout. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $3.75 per square foot for new vinyl planks. The City’s Project Manager shall select and approve the new vinyl plank flooring priced within the allocation allowances from samples provided by the contractor prior to installation. To be installed in compliance with manufacturer’s specifications.

Contractor shall furnish and install new threshold-strips at all exposed flooring edges and flooring transitions, as required. Contractor shall furnish and install new ½” x 3 ¼” preprimed MDF base-molding trim throughout the unit. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $1.50 per linear foot for new basemolding trim. The City’s Project Manager shall select and approve the new threshold-strip and base-molding trim from samples provided by the contractor prior to installation. To be installed in accordance with manufacturer’s specifications.

Contractor shall repair any damage caused to the existing walls or floor finishing elements as a result of the new flooring installation to match the existing surface conditions. All surfaces shall be left in a completed state, to include patching and priming.

If existing trim work exists, contractor shall replace all trim work and finish such to match existing surface conditions.

39. Replace Wall (Upper) Cabinets at Kitchen:

Remove and dispose of the existing wall (upper) kitchen cabinets. Pull all nails and repair any wall damage due to the removal of the cabinets. Leave the area in a completed state to match existing surfaces, ready to receive the new cabinets. Install new paint grade upper cabinets, with solid hardwood fronts and framing, with no backing, and with all required hardware “American Classics” Hampton Bay (or approved equal). All work to be level, plumb and true. The cabinets are to be shimmed true and screwed to each stud in the wall. Fit closely and seal all holes and openings where pipes, wire, and other materials may come through cabinets with removable materials such as “Thumb Gum” to keep out vermin. The contractor shall provide the owner with an allowance of $180.00 per lineal foot on the purchase of wall cabinets. The project manager shall select and approve cabinet drawer front and door styles, color and hardware from samples provided by the contractor. Contractor shall provide the owner with an allowance of $4.00 each for door and drawer pulls, and $6.00 pair for hinges.
111
INSP-3 Pg. 16 HRP Program
©MDG Associates, Inc. Rev. 2020

40. Replace Base (Lower) Cabinets at Kitchen:

Remove and dispose of the existing base (lower) kitchen cabinets. Pull all nails and repair any wall damage due to the removal of the cabinets. Leave the area in a completed state to match existing surfaces, ready to receive the new cabinets. Install new paint grade base (lower) cabinets, with solid hardwood fronts and framing, with no backing, and with all required hardware “American Classics” Hampton Bay (or approved equal). All work to be level, plumb and true. The cabinets are to be shimmed true and screwed to each stud in the wall. Fit closely and seal all holes and openings where pipes, wire, and other materials may come through cabinets with removable materials such as “Thumb Gum” to keep out vermin. The contractor shall provide the owner with an allowance of $150.00 per lineal foot on the purchase of cabinets. The project manager shall select and approve cabinet drawer front and door styles, color and hardware from samples provided by the contractor. Contractor shall provide the owner with an allowance of $2.50 each for door and drawer pulls, and $4.00 pair for hinges.

41. Install Built-in Pantry Cabinets:

Remove and dispose of the existing pantry shelves. Pull all nails and repair any wall damage due to the removal of the shelving. Leave the area in a completed state to match existing surfaces, ready to receive the new cabinets. Install new paint grade cabinets, floor to ceiling with solid hardwood fronts and framing, with no backing, shelves and with all required hardware “American Classics” Hampton Bay (or approved equal). All work to be level, plumb and true. The cabinets are to be shimmed true and screwed to each stud in the wall. Fit closely and seal all holes and openings where pipes, wire, and other materials may come through cabinets with removable materials such as “Thumb Gum” to keep out vermin. Pantry cabinets shall match new kitchen cabinets.

42. Replace Kitchen Countertop (Quartz):

Remove and dispose of the existing dilapidated tile countertops in the kitchen. Remove and dispose of the kitchen sink, garbage disposal and faucet. Remove existing stove and dish washer and store in a protected state for later re-installation. Prepare the new cabinets to receive new countertop and back splash. Install new Pre-fabricated quartz countertop and 6" back-splash in the kitchen and properly seal all joints as per industry standards.

Material cost allocation shall not exceed $300.00 per slab. The project manager shall select and approve countertop color(s) and style prior to installation. Install a new “Karran” (or approved equal) 31.5” x 18.125” under mount, Stainless Steel dual compartment kitchen sink with 1/2 h.p. garbage disposal “Badger 5” (or approved equal) and a new kitchen sink faucet “Moen Chateau” Chrome # 7445 (or approved equal) single-lever, washer-less faucet with a swing spout. Contractor shall provide the owner with an allowance of $90.00 for the kitchen faucet and a $250.00 allowance for the kitchen sink. Install as per manufacturer's recommendations. Contractor shall re-install existing stove range and dish washer.

Brand and Model Substitution, if applicable: __________________________ 112
INSP-3 Pg. 17 HRP Program
©MDG Associates, Inc. Rev. 2020

43. Install New Freestanding Gas Stove/Range:

Provide and install a new “General Electric” Amana Model #AGR4230BAW (or approved equal) White 30 in 4 burners 4.8-cu ft Freestanding Gas Range Oven. Price shall include all required gas fittings and connection. The contractor shall provide the owner with the manufacturer’s warranty on the stove. The owner shall have a $650.00 allowance towards the purchase of the stove.

44. Install New Dish Washer:

Provide and install a new “General Electric” White 24 in front control built-in tall dishwasher with 60dBA, energy star. Price shall include all required fittings and connection. The contractor shall provide the owner with the manufacturer’s warranty on the dishwasher. The owner shall have a $400.00 allowance towards the purchase of the dishwasher.

45. Installation of Kitchen Exhaust (Range) Hood:

Install a new “NuTone-RL6300” (or approved equal) range hood over the cooking surface. The range hood and venting through the roof shall be conducted in accordance the California Mechanical Code. The installation of the new range hood shall include the connection to the existing electrical service per the California Electrical Code. Contractor shall install new ducting to the existing vent cap or wall cap (as applicable) for the new exhaust fan. Installation of new cap shall be conducted in such a way as to guarantee a watertight seal. The owner shall select and approve the hood color from samples provided by the contractor.

46. Repair Fireplace:

Contractor shall remove existing wall and floor tile around existing fireplace and existing drywall panel covering fireplace opening, build new frame within the existing opening to seal fireplace and install new drywall over the new framing to match existing drywall thickness.

Install drywall tape, and 3 layers of joint compound per industry standards to conceal all joints and nails/screws. Sand and prep new drywall surface with a primer coat followed by a minimum of two
(2) coats of “Dunn-Edwards” (or approved equal) interior paint to achieve full and complete coverage and to match existing. Provide and install new tile around fireplace. Provide project manager with tile samples prior to purchase and installation.

47. Chimney Inspection and Cleaning:

Clean the existing fireplace chimney to ensure the chimney is open, clean and safe. The work shall include the interior inspection of the chimney by video imaging, identify and repair all unsafe chimney defects, ensure the existing damper is in proper working condition, provide dust and soot control to prevent the intrusion of debris into the dwelling, remove soot, dust and debris from the site, and repair/replace any damage to the chimney cap/spark arrestor and flashing. All work shall be performed by a State of California Licensed contractor with the specialty for chimney cleaning and repair.

48. Install Spark Arrester:

Provide and install a new mesh stainless steel Spark Arrestor with animal proof 24-gauge mesh hood and base screening. Cap to conform with California Building Code.

Install as per manufacturer’s specifications.
113
INSP-3 Pg. 18 HRP Program
©MDG Associates, Inc. Rev. 2020

49. Bathroom – Install New Shower Enclosure:

Contractor shall remove and properly dispose of the existing tub/shower enclosure, to include all fixtures and hardware.

Contractor shall repair/replace any deteriorated/damaged wood components (i.e., studs, sheathing, joists and/or blocking) encountered after the removal of the existing enclosure walls, to provide a plumb and uniformly level surface for the new enclosure walls and a firm foundation for new shower pan.

NOTE: Contractor shall furnish and install a recessed shower niche on a designated area, approved by the City’s Project Manager, in the new shower enclosure.

Contractor shall replace all deteriorated/damaged drain lines with new A.B.S. pipe in compliance with California and/or Local Building Codes requirements. Prior to installing the new drain assembly, contractor shall provide labor and materials to properly run a plumber’s snake through the waste line serving the shower enclosure to eliminate back-up/slow drainage.

Contractor shall furnish and install a new drain assembly centrally located on the shower base/pan. Contractor shall furnish and install a new code complying water dam assembly and blocking between wall studs, as required to support a new shower pan liner and concrete.

Contractor shall furnish and install a protective paper underlayment to fit the shower pan area. Contractor shall apply a “Hot Mop” linear to the new shower pan and surrounding walls in accordance with California and/or Local Building Codes requirements. Plug drain and test new shower pan with water to check for leaks in accordance with California and/or Local Building Codes requirements. Apply a bed of mortar with a proper pitch for drainage in accordance with California and/or Local Building Codes specifications.

Contractor shall furnish and install a new “Moen - Chateau” (or approved equal), code complying, metal finish, single handle, washer-less ceramic disc and/or cartridge type shower faucet assembly with matching trim, shower arm and an adjustable spray. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $175.00 for new shower faucet assembly. The City’s Project Manager shall select and approve the new shower faucet priced within the allocated allowance from samples provided by the contractor prior to installation. To be installed in accordance with California and/or Local Building Codes and manufacturer’s specifications.

Contractor shall furnish and install a protective paper underlayment over the exposed enclosure walls. Contractor shall furnish and install a minimum ½” Wonderboard over the protective paper underlayment to create a level, smooth and uniform surface for a complete tile enclosure (floor to the ceiling). Contractor shall furnish and install new wall tiles using a “Staggered/Offset” pattern layout on the enclosure walls. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $3.00 per square foot for the field tiles (i.e., a standard grade ceramic tile). The City’s Project Manager shall select and approve the field tiles priced within the allocation allowance from samples provided by the contractor prior to installation.

Contractor shall furnish and fill all grout joints with “Mapei Premixed Grout” (or approved equal) in accordance with manufacturer’s specifications. The City’s Project Manager shall select and approve the grout color from samples provided by the contractor prior to installation. Contractor shall furnish and apply a waterproof sealant to all new tiles and grout lines in accordance with manufacturer’s specifications. (continued on next page) 114
INSP-3 Pg. 19 HRP Program
©MDG Associates, Inc. Rev. 2020
(continued from previous page)
Contractor shall furnish and install a new “Delta - Simplicity” (or approved equal), code complying, standard grade, tempered safety glass, framed by-pass shower door assembly.

The new shower door assembly shall match the new opening. Contractor shall apply clear finish silicone sealant to ensure a good seal, upon placement of shower door assembly.

Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $850.00 for new shower door assembly. The City’s Project Manager shall select and approve the new by-pass shower door assembly priced within the allocation allowance from samples provided by the contractor prior to installation. To be installed according to manufacturer’s specifications.

NOTE: The contractor shall furnish at the time of bid submittal, the list of proposed desired substitutions for shower faucet and shower door manufacturers that the contractor deems equivalent to Moen shower faucets and Delta shower doors.

1. 2.

50. Bathroom – Install New Exhaust Fan:

Contractor shall install a new exhaust fan in the bathroom.

Contractor shall verify the dimensions of the bathroom prior to installation. The new exhaust fan shall be of appropriate size and properly located on the ceiling to provide the required air movement per the square footage of the bathroom. Contractor shall furnish and install a new “Delta Breez – Green Builder Series” (or approved equal), white, 80 CFM, with humidity sensing capability, Energy Star qualified, low Sones, with incorporated LED light and grill, ceiling mounted bathroom exhaust fan. Installation shall include new flexible ducting from the new exhaust fan to the exterior of the unit, new electrical wiring, fittings and connections and the connection to the existing electrical system and a new switch adjacent to the existing light switch. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $155.00 for new bathroom exhaust fan. The City’s Project Manager shall select and approve the new exhaust fan from samples provided by the contractor prior to installation. To be installed in compliance with current California and/or Local Building Codes and manufacturer’s specifications.

Contractor shall repair all surfaces damaged due to the installation of new exhaust fan.

Leave all surfaces in a completed state, to include, patching and caulking all voids, cracks and holes as required to match existing surfaces, ready to receive fresh paint. Contractor shall furnish and install new code complying drywall, as required, where the existing surfaces cannot be repaired.

NOTE: The contractor shall furnish at the time of bid submittal, the list of proposed desired substitutions for exhaust fan manufacturers that the contractor deems equivalent to Delta Breez exhaust fans.

1. 2.
115
INSP-3 Pg. 20 HRP Program
©MDG Associates, Inc. Rev. 2020

51. Bathroom – Install New Water Closet:

Contractor shall remove, properly dispose of, and replace the existing water closet in the bathroom.

Prior to setting the new water closet, contractor shall properly run a plumber’s snake through the waste line serving the water closet to eliminate back-up/slow drainage.

Contractor shall furnish and install a new water supply line, wax ring and all provided water closet hardware.

Contractor shall furnish and install a new “Kohler - Cimarron” (or approved equal), white, “Comfort Height”, 2-piece, elongated water closet. Contractor shall install the included water closet seat and hardware and shall caulk around the base of the new water closet to ensure a good seal. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $330.00 for the new water closet. The City’s Project Manager shall select and approve the new water closet priced within the allocation allowance from samples provided by the contractor prior to installation. To be installed in compliance with California and/or Local Building Codes and manufacturer’s specifications.

NOTE: The contractor shall furnish at the time of bid submittal, the list of proposed desired substitutions for water closet manufacturers that the contractor deems equivalent to Kohler water closets.

1. 2.

52. Bathroom – Install New Medicine Cabinet:

Contractor shall install a new surface mounted medicine cabinet in the bathroom.

Contractor shall furnish and install a new “Glacier Bay” (or approved equal) 30”, surface mounted, mirrored, swing door, medicine cabinet to be installed in the existing location.

Installation shall include all required hardware for a secure and level installation. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $155.00 for new medicine cabinet. The City’s Project Manager shall select and approve the new medicine cabinet priced within the allocation allowance from samples provided by the contractor prior to installation. To be installed in accordance with manufacturer’s specifications.

NOTE: The contractor shall furnish at the time of bid submittal, the list of proposed desired substitutions for medicine cabinet manufacturers that the contractor deems equivalent to Glacier Bay medicine cabinets.

1. 2.
116
INSP-3 Pg. 21 HRP Program
©MDG Associates, Inc. Rev. 2020

53. Bathroom – Install New Vanity, Vanity Top, Faucet & Under Sink Plumbing:

Contractor shall remove, properly dispose of and replace the existing vanity, vanity top, faucet and under sink plumbing in the bathroom.

Prior to setting the new vanity, contractor shall properly run a plumber’s snake through the waste line serving the vanity to eliminate back-up/slow drainage. Contractor shall furnish and install new “Glacier Bay” (or approved equal) 30” x 18”, white semi-gloss, finished grade vanity, with incorporated one-piece vanity top with an integral bowl and matching 4” backsplash. Vanity to be installed in pre-existing location. All work to be level, plumb and true. The vanity shall be shimmed true and screwed to each stud in the wall. Fit closely and seal all holes and openings where pipes, wire, and other materials may come through cabinets with removable materials such as “Thumb Gum” to keep out vermin. Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $210.00 for new vanity, vanity top and backsplash. The City’s Project Manager shall select and approve the new vanity, vanity top and backsplash priced within the allocation allowance from samples provided by the contractor prior to installation. To be installed in accordance with manufacturer’s specifications.

Contractor shall furnish and install a new “Moen – Chateau” (or approved equal), chrome finish, single handle, washer-less ceramic disc and/or cartridge type faucet.

Contractor shall provide the City’s Project Manager with an allowance NOT TO EXCEED $100.00 for new faucet. The City’s Project Manager shall select and approve the new faucet priced within the allocation allowance from samples provided by the contractor prior to installation. To be installed in accordance with current California and/or Local Building Codes and manufacturer’s specifications.

Contractor shall furnish and install all new under-sink water and waste piping assembly, new steel braided water supply lines, a new pop-up assembly, a new tail piece, trap and trap arm. To be installed in accordance with current California and/or Local Building Codes and manufacturer’s specifications.

NOTE: The contractor shall furnish at the time of bid submittal, the list of proposed desired substitutions for vanity and faucet manufacturers that the contractor deems equivalent to Glacier Bay vanities and Moen faucets.

1. 2.
117
INSP-3 Pg. 22 HRP Program
©MDG Associates, Inc. Rev. 2020

54. Bathroom – Install New Recessed Light Fixtures:

Contractor shall remove, properly dispose of and replace the existing light fixture in the bathroom with new recessed light fixtures.

Contractor shall repair the vacated hole left as a result of the removal of the recessed light fixture. Contractor shall furnish and install new code complying drywall, as required and repair surfaces to match existing surface conditions. Contractor shall relocate the existing electrical connections and wiring, as required.

Contractor shall furnish and install three (3) new 4” LED retrofit recessed light fixtures. The recessed lighting kits shall include all trims and housings. Installation shall include all new electrical wiring, fittings, connections, and the connection to the existing electrical system.

Two (2) recessed light fixtures shall be installed in an aligned and equally spaced pattern and 1 recessed shall be installed over the shower enclosure. The City’s Project Manager shall select and approve the new recessed light fixtures from samples provided by the contractor prior to installation. To be installed in accordance with California and/or Local Building Codes and manufacturer’s specifications.

NOTE: All work shall include the protection of dwelling, fixtures and furnishings, as well as maintaining the premises clean at all times.

All debris resulting from any work conducted in connection with this contract shall be the property of the contractor, who is responsible for its timely removal and lawful disposal. Work site shall be maintained in a clean and orderly manner, and upon completion, property shall be left in a “broom clean” condition. 118
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1843 Agenda Date: 12/13/2022
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment to NCM Engineering Corporation Task Order for Design and Construction Support Services for the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project.

RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

3. Appropriate $750,000.00 from Measure I Fund 245 and Circulation Fund 630 to the Sierra Ave from Foothill Boulevard to Baseline Avenue Street Improvement Project No.3281.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

City of Fontana’s approved Capital Improvement Program Budget includes the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project (Project). The proposed improvements include widening Sierra Avenue to six-lane with curb, gutter, sidewalks, raised landscaped median, decorative streetlights, and a new traffic signal at Sierra Avenue and Reed Street intersection. The construction of the project began in August 2022 with anticipated construction completion in October 2023.

In February 2016, Task Order #1 was issued to NCM Engineering Corporation (“NCM”) in the amount of $941,764.59 to provide engineering design services and environmental services. As a result of project scope changes, including SCE’s Rule 20A coordination, additional utility coordination, additional traffic studies, addition of a new traffic signal design, additional design effort to coordinate with the city’s future projects and development projects, and negotiations with property owners, City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™119
File #: 21-1843 Agenda Date: 12/13/2022
Agenda #: I. Category: Consent Calendar
with the city’s future projects and development projects, and negotiations with property owners, further changes to the design have been warranted. In February 2020, NCM requested Task Order Amendment No. 1 in the amount of $88,571.06 which only covers NCM’s subconsultant’s extra work.

In May 2022, NCM submitted amendment request No. 2 which includes NCM’s extra work and construction support throughout the construction. After fee negotiation, NCM Engineering Corporation and the staff agreed with the amendment amount at $357,916.77.

In addition to the engineering design services and construction support services, additional project budget is needed in order to complete the project. The additional budget includes estimated compensation for acquisition of a few remaining parcels still in negotiation and costs related to undergrounding utilities.

FISCAL IMPACT:

Funds for this project are budgeted in Fiscal Year 2022/2023 Measure I Fund 245 and Circulation Fund 630 in Project No. 3281 (Sierra Avenue Widening between Foothill Boulevard and Baseline Avenue. An additional appropriation of $750,000.00 from Measure I Fund 245 and Circulation Fund 630 will be included with the Fiscal Year 2022/2023 Mid-Year budget request.

MOTION:

Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™120
N
0 1 inch = 800 feet
800 1600

SIERRA AVENUE WIDENING PROJECT

FROM FOOTHILL BOULEVARD TO BASELINE AVENUE
BID NO. SB-86-DE-22
(PROJECT NO. 3281) PROJECT LOCATION
121
Edward Ng Mike Crull Nick Haigh Carolyn Crull Alma DeSantiago Vian Ghazi Ryan Stull Patrick Larkin Alex Segura Camilla Cline Lien Tran Ray Andrasek $206.25 $206.25 $175.00 $140.00 $104.50 $104.50 $88.00 $77.76 $82.50 $64.00 $116.88 $140.00 0 Preparation of 90% and 100% Plans, Specifications, Quantities, and Engineers EstimateNOT OUT OF SCOPE

2.50 42.25 24.00 47.00 270.50 374.75 0.00 53.00 19.00 19.50 0.00 0.00 852.50 94,375.09 $ 1 Additional Budget for Surveying, TCE Plats, Legals, and Easement Deeds $ 46,801.702 Credit to the City for Partially Completing Specifications $ (30,974.72) 3 Significantly More Complex Roadway Design - including 3 additional Typical (Cross) Section Sheets, 3 additional Construction Details Sheets (C1 through C-3), 20 additional Construction Detail sheets, and preparation of more than 360 cross section sheets.

11.00 19.50 8.00 0.00 461.50 394.50 8.00 0.00 0.00 121.00 0.00 0.00 1023.50 105,590.63 $ 4 Project Management for a Significantly Longer and More Complex Project - for 52 additional months. 3.00 109.00 0.00 10.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 0.00 122.50 24,552.25 $ 5 Additional Continuing Project Coordination Meetings - 30 Additional PDT, focused and bi-weekly coordnation meetings 0.00 95.00 0.00 0.00 11.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 106.00 20,743.25 $ 6 Preliminary Engineering, Alternative Analysis, and Final Design for a New Mid-Block Intersection - reduces delays at both the Sierra Avenue / Foothill Boulevard and Mille Avenue intersections and enhances traffic flow along the Sierra Avenue corridor.

13.00 42.00 0.00 4.00 42.00 35.50 0.00 0.00 0.00 0.00 0.00 0.00 136.50 20,002.50 $ 7 Additional Surveying and Right-of-Way Coordination - to expedite production, track progress of every document required for every parcel and upon City approval, "wet stamped and signed" original documents to the City.

1.50 28.50 0.00 0.00 9.00 48.25 0.00 0.00 0.00 0.00 0.00 0.00 87.25 12,170.13 $ 8 Landscape Coordination for City Requested Changes 2.00 4.00 0.00 0.00 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16.00 2,282.50 $ 9 Coordination with Southern California Edison for Rule 20A and 20B Undergrounding - numerious SCE design reviews, coordination and field meetings, and follow up efforts.

0.00 20.50 0.00 0.00 47.00 45.25 0.00 0.00 0.00 0.00 0.00 0.00 112.75 13,868.25 $ 10 Coordination with Fontana Water Company - reviewed FWC waterline design and found multiple conflicts with the proposed SCE underground facilities.

0.00 6.00 0.00 0.00 10.00 1.00 10.00 0.00 0.00 0.00 0.00 0.00 27.00 3,267.00 $ 11 Coordination with Other Utility Companies - numerious reviews, coordination meetings, field reviews, and follow up efforts. 0.00 11.50 0.00 0.00 19.00 55.25 0.00 0.00 0.00 0.00 0.00 0.00 85.75 10,131.00 $ 12 Coordination and Additional Designs for the Cypress / Foothill Strom Drain - as requested by the City, includes specialized design for ultra-highcapacity inlets. 0.00 46.50 0.00 0.00 68.50 52.25 0.00 6.00 0.00 26.50 0.00 0.00 199.75 24,371.56 $ 13 Design and Plan Modifications for the New High School along Sierra Avenue 0.00 6.00 0.00 0.00 18.00 0.00 0.00 0.00 0.00 9.50 0.00 0.00 33.50 3,726.50 $ Total

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

CONTRACT AMENDMENT REQUEST - HOURS AND COSTS SUMMARY
Loaded Billing Rate
Task
Number Task Description
Hours Cost

Page 1 of 2 ends

122
Edward Ng Mike Crull Nick Haigh Carolyn Crull Alma DeSantiago Vian Ghazi Ryan Stull Patrick Larkin Alex Segura Camilla Cline Lien Tran Ray Andrasek $206.25 $206.25 $175.00 $140.00 $104.50 $104.50 $88.00 $77.76 $82.50 $64.00 $116.88 $140.00 Total

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

CONTRACT AMENDMENT REQUEST - HOURS AND COSTS SUMMARY
Loaded Billing Rate
Task
Number Task Description
Hours Cost
14 Design and Plan Modifications for the New Sierra Fountains Development 0.00 5.00 0.00 0.00 41.00 2.00 0.00 0.00 0.00 20.50 0.00 0.00 68.50 6,836.75 $ 15 Retaining Wall Modifications for 7837 Sierra Avenue at the Northeast Corner Malaga Street 0.00 11.00 0.00 0.00 3.00 0.00 0.00 0.00 0.00 42.00 0.00 0.00 56.00 5,270.25 $ 16 Freestanding Wall Foundations and Pilaster Designs for Private Walls to be Reconstructed with the Project. 0.00 13.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 24.00 0.00 42.00 5,806.37 $ 17 Structural Designs For Signs - as requested by the city, structural designs for two signs. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.50 0.00 40.00 52.50 6,400.00 $ 18 Roadway Design Model Updates - for multiple project changes requested by the City as a part of the Constructability Review. 0.00 4.50 0.00 0.00 82.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 86.50 9,497.13 $ 19 Coordination and Plan Modifications for Constructability Review - for multiple project changes requested by the City as a part of the constructability review. Updated the plans, construction notes, bid items, quantities and engineers estimate.

0.00 39.00 0.00 0.00 134.00 5.50 0.00 0.00 0.00 218.50 154.00 0.00 551.00 54,605.02 $ 20 Appraisal Coordination and Assistance - as requested by the City to support negotiations with the Property Owners. 0.00 4.00 0.00 0.00 14.00 1.50 8.00 0.00 0.00 0.00 0.00 0.00 27.50 3,148.75 $ 21 Cost to Finish 0.00 29.00 0.00 0.00 95.00 0.00 6.00 0.00 0.00 133.50 0.00 0.00 263.50 24,980.75 $ 22 Bid and Cconstruction Support Augmentation $ 10,000.00

33.00 536.25 32.00 61.00 1335.50 1016.25 32.00 59.00 19.00 608.50 178.00 40.00 3950.50 $ 477,452.65 $ 119,535.88$ 357,916.77
Amount Remaining in the Contract
Contract Amendment Request Total
Total Work to Completion

Page 2 of 2 ends

123

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 1 of 15 ends

SIERRA AVENUE WIDENING PROJECT FROM

FOOTHILL BOULEVARD TO BASELINE AVENUE

SUMMARY OF SCOPE, BUDGET, SCHEDULE, AND SIGNIFICANT

PROJECT CHANGES IN SUPPORT OF CONTRACT AMENDMENT

REQUEST FOR ADDITIONAL BUDGET FOR PROFESSIONAL

SERVICES PROVIDED BEYOND ORIGINAL CONTRACT AND
AMENDMENT 1

INTRODUCTION
In February 2016, the City of Fontana and NCM agreed on the scope, budget, and schedule for the Sierra Avenue Widening Project from Foothill Boulevard to Baseline Avenue (Project). The scope of work included engineering, field surveys, environmental, traffic studies, drainage, geotechnical, hazardous materials, right-of-way engineering, traffic design, landscape design, and public outreach. The original sheet count was 54 plan sheets with 40 cross section sheets, the original budget was $941,764.59, and the original schedule was 22 months (i.e., from Mar 2016 to Dec 2017).

Currently (Thursday March 31, 2022), we have $119,535.88 remaining in our contract, and beyond that for additional work NCM is requesting a Contract Amendment in the amount $357,916.77. To meet City’s stringent deadlines to take the project to construction, under good faith NCM has completed all the necessary design work without waiting for a contract amendment. NCM is respectfully requesting swift approval and execution of this contract amendment so signed plans can be issued for construction.

One of the metrics employed by our industry for estimating reasonableness of a design fee is by computing the design fee as a percentage of overall construction cost. The following table summarizes both our original fee and also the contract amendment fee request percentages relative to overall project cost.

No Description Design Fee Construction
Cost
Right-of-Way
Cost
Design Fee
as % of
Overall Cost
1 Original Contract +
Amendment 1
$1,030,335.65 $5,000,000 $3,000,000 12.88%
2 With new Contract
Amendment Request
$1,388,252.42 $11,300,000 $4,000,000 9.07%
124

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 2 of 15 ends

Both the original design fee (12.88%) and new amended design fee (9.07%) relative percentages are significantly lower than the industry standard of 18% to 25% for Projects including the PAED+PS&E + ROW Engr+ Bid + Construction phases. This further substantiates the reasonableness of NCM’s request.

SUMMARY OF SCOPE CHANGES
A key indicator for the magnitude of the engineering (PS&E) efforts is the sheet count. Please see the original sheet count and the actual number of sheets prepared in “Table 1 – Sheet Count Comparison” below.

Table 1 – Sheet Count Comparison
Original Sheet Count Actual Number of Sheets Prepared
Sheet Description No. of
Sheets Sheet Description No. of Sheets
Title Sheet 1 Title Sheet 1
General Notes 1 Key Map and Notes 1
Typical Sections 4 Typical Sections 7
Layout Plan and Profile 8 Street Improvement Plan 6
Construction Details 2 Construction Details – Pavement
Types 3
Removal Plan 4 Construction Details – General 3
Off-Site Improvements – Civil 4 Construction Details – Curb Returns 4 Drainage Plan and Profile 6 Construction Details – Off Site Improvements 20
Utility Plan 4 Drainage Plan and Profile 6
Signing and Striping Plan 4 Drainage Details 8
Traffic Signal Plan 4 Utility Plan 4
Street Light Plan 4 Signing and Striping Plan 4
Landscape and Irrigation Plan 8 Traffic Signal Plan 4
Traffic Signal Interconnect 3
Landscape and Irrigation Plan 18
Subtotal 54 Subtotal 92
Cross Sections (25’ Interval) 40 Cross Sections (25’ Interval and Special Stations) 360+
TOTAL 94 TOTAL 452+
The original sheet count was 54 plan sheets and 40 cross section sheets. As the project design developed, the number of plan sheets increased from 54 to 92 sheets (almost twice as many), with the largest sheet increase in the construction details from 10 sheets to 30 sheets. These sheets are primarily 125

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 3 of 15 ends

focused on detailing the work needed for adjacent properties and included details for significant ADA upgrades and improvements for ADA pathways and access to adjacent properties and businesses. The number of cross section sheets increased from 40 to over 360.

SUMMARY OF BUDGET CHANGES
The original budget was $941,764.59 and this was increased in February 2020 by $88,571.06 to $1,030,335.65. Please note, that this February 2020 budget increase primarily focused in NCM’s subconsultants with the understanding that another budget increase would be completed for NCM’s additional work.

SUMMARY OF SCHEDULE CHANGES
The original schedule was 22 months. The schedule is now expected to take 74 months (i.e., from March 2016 to April 2022). This is an increase of 52 months or 4.33 years.

SUMMARY OF SIGNIFICANT PROJECT CHANGES
Significant Project changes occurred during the Preliminary Engineering, Environmental Approvals, Final Design, and Right-of-Way Phases of the Project. These are:

1. Additional Budget for Surveying, TCE Plats, Legals, and Easement Deeds

2. Credit to the City for Partially Completing the Specifications

3. Significantly More Complex Roadway Design

4. Project Management for a Significantly Longer and More Complex Project

5. Additional Continuing Project Coordination Meetings

6. Preliminary Engineering, Alternative Analysis, and Final Design for a New Mid-Block Intersection

7. Additional Surveying and Right-of-Way Coordination

8. Landscape Coordination for City Requested Changes

9. Coordination with Southern California Edison for Rule 20A and 20B Undergrounding

10. Coordination with Fontana Water Company

11. Coordination with Other Utility Agencies

12. Coordination and Additional Designs for the Cypress / Foothill Storm Drain

13. Design and Plan Modifications for a New High School along Sierra Avenue

14. Design and Plan Modifications for the New Sierra Fountains Development

15. Retaining Wall Modifications for 7837 Sierra Avenue at the Northeast Corner of Malaga Street

16. Freestanding Wall Foundations and Pilaster Designs for Private Walls to be Reconstructed with the Project

17. Structural Designs for Signs
126

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 4 of 15 ends

18. Roadway Design Model Updates

19. Coordination and Plan Modifications for Constructability Review

20. Appraisal Coordination and Assistance

21. Cost to Finish
Details for each of these significant Project changes are summarized below.

1. ADDITIONAL BUDGET FOR SURVEYING, TCE PLATS, LEGALS, AND

EASEMENT DEEDS
This additional task and budget were initially approved by the City on 11/28/2018; however, this amount was inadvertently omitted in Task Order 1.1 executed on 02/11/2020 in the amount of $88,571.06.

2. CREDIT TO THE CITY FOR PARTIALLY COMPLETING THE SPECIFICATIONS As requested by the City, NCM is providing a credit to the City in the amount of $30,974.72 for not completing the specifications.

3. SIGNIFICANTLY MORE COMPLEX ROADWAY DESIGN
The existing roadway pavement surface along Sierra Avenue is a rounded crown shape with flatter cross slopes in the middle of the roadway and steeper cross slopes along the outside edges. The existing roadway’s cross slopes are highly variable from 1.12% to 6.63% with a typical cross slope of about 3.3%. The typical existing pavement cross slope (at Sta. 33+75) is shown below. 127

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 5 of 15 ends

A typical pavement widening design would establish a saw cut line just inside of the existing lip of gutter and widen the roadway using a cross slope similar to the existing. This typical approach is illustrated for the right side of the roadway in the cross section (at Sta. 33+75) below. Please note that using a cross slope similar to the existing would drop the gutter, curb, and sidewalk approx.

0.80 feet and this would create a significant impact to the adjacent property.

A more sophisticated roadway design was developed by NCM to dramatically reduce adjacent property impacts, as shown above. With this more sophisticated roadway design, the new roadway improvements match the existing adjacent surfaces to within 4 inches.

There is also a southbound left-turn pocket to Reed Street (East) at this location. Here the curbed median width narrows to 2 feet wide. At this (and other similar) locations, the new median top of curb elevations are very close to the same elevation to provide a nearly level median throughout the corridor. The overall result is a smooth uniform roadway and median design with reduced impacts to adjacent properties.

The new pavement design also provides significant upgrades for ADA facilities, pathways, and access to adjacent properties and businesses. A typical example is shown on the next page for the driveway and ADA ramp improvements at the County Square Shopping Center. At this location, the existing very short sidewalk connections must be replaced with much longer ADA ramps with upper and lower landings, edge protection curbs, and railings. Specialized custom designs were developed to fit the existing site conditions and to connect the existing and new sidewalk surfaces.
128

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 6 of 15 ends

The budget requested for this task is $105,590.63 representing approximately 1023.50 hours of design staff time, this is very reasonable given the complex roadway design, including 3 additional Typical (Cross) Section sheets; 3 additional Construction Detail sheets (C1 through C-3) that shows the various pavement, cold mill, and overlay types and thicknesses; roadway design modeling; and the preparation of 264 cross section sheets. This task also included the preparation of 18 additional very complex and detailed Construction Detail sheets.

Please note, completing the design analysis, preparation, quantities and estimates for 24 additional complex plan sheets for 1023.5 hours equals 42.65 hours per sheet. This is very reasonable given the industry standard for similar plan sheets would be at least 60 hours per sheet.

NCM FEE REQUEST: $105,590.63
129

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 7 of 15 ends

4. PROJECT MANAGEMENT FOR A SIGNIFICANTLY LONGER AND MORE

COMPLEX PROJECT
Completed continuing project management activities for 52 additional months including coordination with traffic, environmental, surveying, right-of-way, landscaping subconsultants and City staff and City ROW and plan check reviewers. NCM monitored the schedule of critical path activities and kept the City informed of progress and critical issues. Prepared budget requests and coordinated with the City to obtain approvals to keep schedule critical environmental and right-of-way activities moving forward.

The original Project Management budget was 40 hours for the NCM’s Project Manager and 28 hours for NCM’s clerical staff for a budget of $10,175.00. The actual Project Management work after the original schedule completion date of Dec 2017 totaled 122.5 hours and $24,552.25.

This is very reasonable given the significantly longer, more complex Project.

NCM FEE REQUEST: $24,552.25

5. ADDITIONAL CONTINUING PROJECT COORDINATION MEETINGS
NCM prepared for and attend additional Project coordination meetings including preparing and updating agendas and schedules for critical activities, reviews, and approvals. NCM identified design, environmental, utility, surveying, and right-of-way issues and coordinated with the City to develop solutions.

Originally, a total of 140 hours and $25,410 were budgeted for PDT, Utility Coordination, and right-of-way meetings and this budget was exhausted by Dec 2017. After Dec 2017, 30 additional monthly PDT, environmental and right-of-way focus meetings, and bi-weekly Project coordination meetings were completed. This required 106 hours of staff time and a budget $20,743.25. This is approximately 3 hours per meeting, which is very reasonable, especially for the PDT meetings where agendas, critical issues and solutions, and schedule updates were competed for each meeting.

NCM FEE REQUEST: $20,743.25

6. PRELIMINARY ENGINEERING, ALTERNATIVE ANALYSIS, AND FINAL DESIGN

FOR A NEW MID-BLOCK INTERSECTION
After the initial traffic analysis, it was found that with the addition of a new landscaped and decorative median along Sierra Avenue, U-turn moves at the major intersections along Sierra Avenue increased significantly. This was particularly the case in the southerly half of the project between Foothill Boulevard and Miller Avenue where large commercial centers, a County of San Bernardino office building, and multi-family developments are located. The expected impacts included long left-turn lanes, increased length of left-turn signal phases, reduced overall traffic signal operations and levels of service, longer travel distances, and potential pedestrian safety concerns. The solution was to introduce a new mid-block signalized intersection about halfway 130

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 8 of 15 ends

between Foothill Boulevard and Miller Avenue. Four alterative locations were studied. Please see the sample alternative analysis is included on the following page.

Upon City approval, design a new signalized intersection with left-turn pockets long enough to accommodate U-turning traffic without blocking through traffic along Sierra Avenue was completed at Reed Street (East). Roadway and curb geometry and pavement surface designs were updated.

The addition of the mid-block signalized intersection will reduce delays at both the Foothill Boulevard and Miller Avenue intersections with Sierra Avenue and enhance traffic flow along the Sierra Avenue corridor. The cost for this additional work was 136.5 hours of staff time and $20,002.50. This is very reasonable given the significant benefits that the new mid-block signalized intersection will provide.

NCM FEE REQUEST: $20,002.50
131

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 9 of 15 ends

132

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 10 of 15 ends

7. ADDITIONAL SURVEYING AND RIGHT-OF-WAY COORDINATION
Completed coordination for surveyors to expedite production of the plat maps and legal descriptions for new rights-of-way and temporary construction easements for the widening of Sierra Avenue. Tracked the status of work including every document required for every parcel including submittals, reviews, corrections, resubmittals, back-checks, corrections, resubmittals and approvals. Coordinated with City staff to provide red-lined comments, revised documents, and upon City approval, provided "wet stamped and signed" original documents to the City.

The cost for this additional work was 87.25 hours of staff time and $12,170.13. Please note that all of this work was completed after plat maps, legal descriptions, and deed documents were completed and approved in time for the Project to be approved by the Development Advisory Board and the start of appraisals.

NCM FEE REQUEST: $12,170.13

8. LANDSCAPE COORDINATION FOR CITY REQUESTED CHANGES
Completed coordination, and reviews, to update the landscaping plans including confirming the irrigation controller location, and water and electrical service locations. Checked plans for the required clearances between new trees and water, sewer, and gas pipelines and coordinated revisions. Coordinated updated plans for the City's revised planting list.

The cost for this additional work was 16 hours of staff time and $2,282.50.

NCM FEE REQUEST: $2,282.50
133

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 11 of 15 ends

9. COORDINATION WITH SOUTHERN CALIFORNIA EDISON FOR RULE 20A AND 20B UNDERGROUNDING
Prepared for and attended coordination meetings with SCE and City staff to identify power poles to be removed and replaced with the new Rule 20A underground system. Provided maps and CADD files (converted into the SCE format). Attended a field walk with SCE and City staff review power poles to be removed, underground vault locations and surface mounted transformer locations. Determined additional pavement repair locations to accommodate SCE connections between the overhead and the new underground systems. Reviewed SCE designs to determine compatibility with the new roadway improvements (several times).

The cost for this additional work was 112.75 hours of staff time and $13,868.25. This is very reasonable given the numerous SCE design reviews, coordination and field meetings, and follow up efforts.

NCM FEE REQUEST: $13,868.25

10.COORDINATION WITH FONTANA WATER COMPANY
Completed coordination with the Fontana Water Company (FWC) to identify above ground water facilities to be relocated due to the widening of Sierra Avenue, to provide CADD files, and to review the FWC new waterline designs. Identified conflicts between the new waterline designs and the new proposed SCE underground facilities.

The cost for this additional work was 27.00 hours of staff time and $3,267.00. This is very reasonable given the efforts to provide CADD files and design information to the FWC and then to review, check and determine that the FWC pipeline designs had multiple conflicts with the new SCE underground facilities.

NCM FEE REQUEST: $3,267.00

11.COORDINATION WITH OTHER UTILITY AGENCIES
Completed coordination with Southern California Gas, Spectrum, Crown Castle, Centurylink, Charter and AT&T to specifically identify each utility owner's facilities to be relocated and coordinated relocations designs and checks for compatibility with the new roadway improvements. Coordinated utility relocation timeframes and site preparation requirements.

Developed potholing exhibits and coordinated with the City and potholing contractor (Aztec Engineering). Reviewed pothole data and updated utility plans accordingly.

The cost for this additional work was 85.75 hours of staff time and $10,131.00. This is very reasonable given the numerous utility reviews, coordination meetings, field reviews, and follow up efforts.

NCM FEE REQUEST: $10,131.00
134

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 12 of 15 ends

12.COORDINATION AND ADDITIONAL DESIGNS FOR THE CYPRESS / FOOTHILL

STORM DRAIN
As requested by the City, NCM included a portion of the Cypress / Foothill Storm Drain Project into the Sierra Avenue Widening Project including a new 60-inch and 48-inch mainline pipelines and 24-inch and 48-inch laterals. Specialized ultra-high-capacity inlets, 28 feet-long with triple grates and specialized local inlet depressions were designed. Please see the detail below.

Temporary wooden and steel bulkheads were also designed. Coordinated with Hewitt Zollars all aspects of the design and the interconnection of the two drainage systems. Provided CADD files for the special inlet designs to Hewitt Zollars.

The cost for this additional work was 199.75 hours of staff time and $24,371.56. This is very reasonable given the designs for the complex drainage system layouts and specialized ultra-highcapacity inlets, and structural designs for the temporary bulkheads. In addition, these improvements will provide substantial benefits to the City, local community, and motorists by alleviating the current significant flooding conditions at one of the City’s major intersections.

NCM FEE REQUEST: $24,371.56

13.DESIGN AND PLAN MODIFICATIONS FOR THE NEW HIGH SCHOOL ALONG

SIERRA AVENUE
Completed design coordination, updates, and modifications for the new high school to be constructed along the easterly side of Sierra Avenue just south of Miller Avenue. Added driveways and revised grading limits, typical sections, cross sections, quantities and the engineers estimate. Revised the curb outlet drainage structure and associated curb heights and transitions. 135

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 13 of 15 ends

The cost for this additional work was 33.50 hours of staff time and $3,726.50. This is very reasonable given the complex roadway and drainage design revisions.

NCM FEE REQUEST: $3,726.50

14.DESIGN AND PLAN MODIFICATIONS FOR THE NEW SIERRA FOUNTAINS

DEVELOPMENT
Completed design coordination, updates and modifications for the new Sierra Fountains development at the corner of Sierra Avenue and Ramona Avenue. This task included reviewing, checking and updating horizontal and vertical curb geometry, curb returns, pavement limits, striping, typical sections, cross sections, quantities, and the engineers estimate.

The cost for this additional work was 68.50 hours of staff time and $6,836.75. This is very reasonable given the extensive design revisions required for the new development.

NCM FEE REQUEST: $6,836.75

15.RETAINING WALL MODIFICATIONS FOR 7837 SIERRA AVENUE AT THE

NORTHEAST CORNER OF MALAGA STREET
Completed design coordination, updates and modifications to increase the height of the retaining wall at the northeast corner of Sierra Avenue and Malaga Street to include a 42-inch-high screening wall above the back of sidewalk elevation. Developed an exhibit package for the property owner showing the wall with a special design to use only 8-inch-wide block for both the retaining portion and the freestanding portion of the wall. Included applicable standard plans and wall material properties and strengths. Evaluated on-site drainage conditions and designed a sidewalk underdrain pipe (to be constructed by the roadway contractor) to provide positive drainage. Updated the roadway plans, quantities and estimate to delete the wall and to indicate that the property owner will build the wall.

The cost for this additional work was 56 hours of staff time and $5,270.25. This is very reasonable given the design modifications, structural wall designs and details, special exhibits, quantity, and estimate changes.

NCM FEE REQUEST: $5,270.25

16.FREESTANDING WALL FOUNDATIONS AND PILASTER DESIGNS FOR

PRIVATE WALLS TO BE RECONSTRUCTED WITH THE PROJECT
As requested by the City, NCM provided designs and details to reconstruct 4 freestanding decorative block and wrought iron walls on private properties as a part of the roadway construction contract. Completed field reviews to determine the condition of the wrought iron fence panels to determine their suitability to be reused in the reconstructed walls (i.e., sand blasted, prepared and painted). Developed details to replace each wall in kind with the same block sizes and configurations as the existing walls but with new footing and pilaster designs. 136

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 14 of 15 ends

The cost for this additional work was 42 hours of staff time and $5,806.37. This is very reasonable given the specialized roadway and structural designs and details required for each of the 4 wall locations.

NCM FEE REQUEST: $5,806.37

17.STRUCTURAL DESIGNS FOR SIGNS
As requested by the City, developed structural designs, plans, and details to relocate an existing sign at the County Square shopping center and at 7605 Sierra Avenue.

The cost for this additional work was 52.50 hours of staff time and $6,400.00. This is very reasonable given the change that came at the tail end of the project. NCM brought the structures group to design these signs, and was still able to complete the design in a timely manner.

NCM FEE REQUEST: $6,400.00

18.ROADWAY DESIGN MODEL UPDATES
Updated the InRoads roadway design model for all of the design changes associated with the constructability review including, but not limited to, Joe's Mexican Food, Jack-in-the-Box, Circle K, Miller Avenue, pavement repairs for SCE trenches, the new high school, and the new Sierra Fountains development.

The cost for this additional work was 86.50 hours of staff time and $9,497.13. This is very reasonable given the numerous revisions and very detailed roadway design model updates including revised templates, cross sections, and quantities.

NCM FEE REQUEST: $9,497.13

19.COORDINATION AND PLAN MODIFICATIONS FOR CONSTRUCTABILITY REVIEW
Coordination and Plan Revisions for Constructability Review - Reviewed constructability comments and completed design coordination for updated and modifications to the plans, construction notes, bid items, quantities and engineers estimate. Updated limits of grading the roadway design model, quantities. Revised and updated curb returns and curb ramp designs to retain roadway runoff along Sierra Avenue to the extent possible. Added extra notes.

The cost for this additional work was 551 hours of staff time and $54,605.02. This is very reasonable given the significant number of comments, special requests to provide back-up information, and several last-minute changes to the plans, details, quantities, and Engineer’s Estimate.

NCM FEE REQUEST: $54,605.02

20.APPRAISAL COORDINATION AND ASSISTANCE
Based upon our Project Coordination meetings and as requested by the City, NCM developed and prepared exhibits for City staff and the Appraiser to use in coordinating with property owners. 137

SIERRA AVENUE WIDENING PROJECT FROM FOOTHILL BOULEVARD TO BASELINE AVENUE

Page 15 of 15 ends

The cost for this additional work was 27.50 hours of staff time and $3,148.75. This is very reasonable given NCM’s quick responses to provide exhibits for the appraisers and property owners to facilitate agreements for the right-of-way negotiations.

NCM FEE REQUEST: $3,148.75

21. COST TO FINISH
Please note, that the above tasks capture NCM’s additional efforts up to Friday, 02/18/2022. This task captures NCM’s final costs to complete the plans, quantities, and estimate through 04/14/2022. This task includes:
• Final roadway design model updates
• Final quantities and estimate updates
• Completing the details for local gutter depressions at the inlets • Sign relocation plan, details, and structural calculations for 7605 Sierra Avenue • Exhibit for real estate coordination with the property owner at 7470 Sierra Avenue • Final quality control reviews and corrections
The budget for this Task is 263.5 hours of staff time and $24,980.75.

NCM FEE REQUEST: $24,980.75

22. BID AND CONSTRUCTION SUPPORT AUGMENTATION
As requested by the City, NCM has included a budget of $10,000.00 for bid and construction support services.

NCM FEE REQUEST: $10,000.00
138
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1846 Agenda Date: 12/13/2022
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adoption of a Resolution Declaring Certain City Owned Property a Public Right of Way for Street and Public Utility Purposes for Lytle Creek Road and Accepting the Road into the City’s Street System.

RECOMMENDATION:

Adopt Resolution No. 2022-137, Declaring Certain City owned Property a Public Right of Way for Street and Public Utility Purposes for Lytle Creek Road and Accepting the Road into the City’s Street System.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On April 8, 2019, the City’s Planning Commission approved Tentative Tract Map No. 20010 for the Narra Hills project (“Project”). The Project reconfigured Lytle Creek Road, realigning the street with Coyote Canyon Road to the south.

To realign Lytle Creek Road, the City Council approved the Agreement Regarding Lytle Creek Road Right of Way Exchange and Joint Escrow Instructions on August 11, 2021, which allowed for property to be exchanged between Arroyo Cap II-6, LLC, San Bernardino County Flood Control, and the City.

This agreement resulted in the City receiving title of the property for Lytle Creek Road in fee simple.

It is now necessary for the City to adopt the Resolution to declare the property as a public right of way for a new public roadway, allowing public utility access to the property, and pursuant to Streets and Highways Code section 1806, accept the realigned Lytle Creek Road into the City’s street system.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™139
16498.0001A\40860097.1 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

DECLARING CERTAIN CITY OWNED PROPERTY A PUBLIC RIGHT

OF WAY FOR STREET AND PUBLIC UTILITY PURPOSES FOR LYTLE CREEK ROAD AND ACCEPTING THE ROAD INTO THE CITY’S
STREET SYSTEM.

WHEREAS, on August 11th, 2021, the City Council of the City of Fontana (“City”) approved the Agreement Regarding Lytle Creek Road Right of Way Exchange and Joint Escrow Instructions (“Agreement”) allowing certain property to be exchanged between Arroyo Cap II-6, LLC, San Bernardino County Flood Control and the City, as more particularly described in Exhibit “A”, attached hereto; and
WHEREAS, under the Agreement, Arroyo Cap II-6 conveyed property to the City in fee simple, as more particularly described and shown in Exhibit “B”, attached hereto and incorporated herein (“Property”); and
WHEREAS, in accordance with the conditions of approval for Tentative Tract Map No. 20010 approved by the City’s Planning Commission on April 8th, 2019, Arroyo Cap II-6 must construct public roadway improvements for the development of the Property, and must maintain those improvements until the project is complete and ready to be dedicated and accepted by the City; and
WHEREAS, Lytle Creek Road is being constructed as part of the City Hierarchy Master Plan.; and
WHEREAS, the City supports Lytle Creek Road for secondary highway and public use purposes, including public utility purposes; and
WHEREAS, Streets and Highways Code section 1806 provides that the City Council, by resolution, may accept the Property into the City street system; and WHEREAS, pursuant to California Environmental Quality Act ("CEQA") Guidelines, Section 15004, the City's adoption of this Resolution is not a "Project" subject to CEQA because it merely states the City's desire to declare certain City property a public right-of-way for future development projects and the City will take those measures required to assess potential environmental impacts of the use of said rights-of-way at a future date.

NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of Fontana:

SECTION 1. Incorporation of Recitals; Findings. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
140
16498.0001A\40860097.1 2
SECTION 2. Declaration of Public Right of Way and Acceptance into City Street System.

The Property is hereby declared to be a public right of way, and pursuant to Section 1806 of the Streets and Highways Code, is hereby accepted by the City into the City street system.

APPROVED and ADOPTED, this _th day of December, 2022, by the following vote:

Ayes:

Nays:

Abstain:
__________________________
Acquanetta Warren, Mayor
City of Fontana
ATTEST:
________________________
Germaine McClellan, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
_____________________________
City Attorney
141
16498.0001A\40860097.1 3
EXHIBIT “A”

EXISTING AND PROPOSED LYTLE CREEK ROAD

LOCATION MAP
142
16498.0001A\40860097.1 4
EXHIBIT “B”

LEGAL DESCRIPTION OF LYTLE CREEK ROAD
143
16498.00170\34034614.3
EXHIBIT A-1

EXHIBIT A

MONARCH HILLS

EXISTING AND PROPOSED LYTLE CREEK ROADS

LOCATION MAP
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 144
© 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS

PROPOSED LYTLE CREEK ROAD

EXISTING HAWKER-CRAWFORD CHANNEL

EXISTING LYTLE CREEK ROAD
INTERSTATE 15 FREEWAY DUNCAN CANYON ROAD

COYOTE CANYON ROAD
PROPOSED HAWKER-CRAWFORD CHANNEL MONARCH HILLS CITY OF FONTANA LYTLE CREEK ROAD RIGHT-OF-WAY EXCHANGE EXHIBIT JOB NO. DRAWN BY: SHEET1 of 1 E N

G I N E E R I N
G 6390 Greenwich Dr., Suite 170
San Diego, California 92122 tel 858.554.1500 fax 858.597.0335 www.fuscoe.com LEGEND PROJECT BOUNDARY EXISTING LYTLE CREEK ROAD EXISTING CITY R/W TO REMAIN 24,880 SF (0.57 AC) EXISTING CITY EASEMENT/ RIGHT-OF-WAY TO BE VACATED 260,330 SF (5.98 AC) PROPOSED LYTLE CREEK ROAD R/W TO BE GRANTED TO CITY 352,980 SF (8.10 AC) EASEMENT NOTES DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 145
EXHIBIT “C”

LEGAL DESCRIPTION

LYTLE CREEK ROAD DEDICATION
1 M:\Mapping\1289\02\Legals\Lytle Creek Road Dedication\1289-002 LCR Dedication.docx City Index No. ________________
THOSE PARCELS OF LAND LYING WITHIN SECTION 13, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT TOWNSHIP MAP THEREOF, APPROVED BY THE SURVEYOR GENERAL, DATED NOVEMBER 13, 1885, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL “A”
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE, ALONG THE EAST LINE OF SAID SECTION 13, NORTH 00°35'58" EAST, 2,778.31 FEET TO THE NORTHWESTERLY LINE OF PARCEL 2 OF THE GRANT DEED RECORDED JANUARY 20, 1975 IN BOOK 8598, PAGE 20 OF OFFICIAL RECORDS; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 27°03'52" WEST, 40.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID LINE THE FOLLOWING COURSES:

THENCE SOUTH 27°03'52" WEST, 88.28 FEET;
THENCE SOUTH 31°40'39" WEST, 251.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1717.19 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, 69.23 FEET, THROUGH A CENTRAL ANGLE OF 02°18’36”; THENCE, LEAVING SAID NORTHWESTERLY LINE, NORTH 59°06'46" WEST, 26.69 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 465.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 59°06'46" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, 36.87 FEET, THROUGH A CENTRAL ANGLE OF 04°32'36"; THENCE NORTH 32°15'03" WEST, 16.95 FEET;
THENCE NORTH 30°39'56" WEST, 46.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE NORTH 30°39'56" WEST, 46.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,354.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 30°39'56" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE, 122.01 FEET, THROUGH A CENTRAL ANGLE OF 05°09'47"; THENCE NORTH 06°19'00" EAST, 37.04 FEET;
THENCE NORTH 23°17'49" WEST, 30.77 FEET;
THENCE NORTH 10°02'56" EAST, 72.77 FEET;
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT “B”
146
EXHIBIT “C”

LEGAL DESCRIPTION

LYTLE CREEK ROAD DEDICATION
2 M:\Mapping\1289\02\Legals\Lytle Creek Road Dedication\1289-002 LCR Dedication.docx City Index No. ________________
THENCE NORTH 19°20'13" EAST, 24.98 FEET;
THENCE SOUTH 83°41'00" EAST, 64.84 FEET;
THENCE SOUTH 06°19'00" WEST, 102.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,354.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 39°21'12" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE, 139.56 FEET, THROUGH A CENTRAL ANGLE OF 05°54'20" TO THE TRUE POINT OF BEGINNING;
THE ABOVE DESCRIBED PARCEL CONTAINS 32,999 SQUARE FEET OR 0.758 ACRES MORE OR LESS.

PARCEL “B”
BEING A STRIP OF LAND, 92.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:

BEGINNING AT HEREINBEFORE REFERENCED POINT “A”; SAID POINT BEING AT THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,400.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 30°39'56" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°58'30", A DISTANCE OF 390.34 FEET;
THENCE SOUTH 75°18'34" WEST, 88.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”; THENCE SOUTH 75°18'34" WEST, 4.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “C”; THENCE SOUTH 75°18'34" WEST, 397.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,500.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°31'20", A DISTANCE OF 537.27 FEET;
THENCE SOUTH 54°47'14" WEST, 325.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,000.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°31'10", A DISTANCE OF 402.10 FEET;
THENCE SOUTH 66°18'24" WEST, 222.62 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “D”; DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT “B”
147
EXHIBIT “C”

LEGAL DESCRIPTION

LYTLE CREEK ROAD DEDICATION
3 M:\Mapping\1289\02\Legals\Lytle Creek Road Dedication\1289-002 LCR Dedication.docx City Index No. ________________
THENCE SOUTH 66°18'24" WEST, 1.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “E”; THENCE SOUTH 66°18'24" WEST, 731.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 2,000.00 FEET;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°29'05", A DISTANCE OF 86.73 FEET;
THENCE SOUTH 68°47'29" WEST, 151.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,050.00 FEET;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°53'46", A DISTANCE OF 16.42

FEET TO THE WESTERLY LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 13.

THE SIDELINES OF SAID STRIP SHALL BE PRONGED OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE.

THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 308,734 SQUARE FEET OR 7.088 ACRES, MORE OR LESS.

PARCEL “C”
BEGINNING AT HEREINBEFORE REFERENCED POINT “B”;
THENCE SOUTH 14°41'26" EAST, 46.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL “B” AND THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID SOUTHERLY LINE, SOUTH 28°53'08" WEST, 37.27 FEET; THENCE SOUTH 75°18'34" WEST, 77.07 FEET;
THENCE NORTH 58°16'01" WEST, 37.27 FEET TO SAID SOUTHERLY LINE; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 75°18'34" EAST, 128.45 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2,775 SQUARE FEET, MORE OR LESS.

PARCEL “D”
BEGINNING AT HEREINBEFORE REFERENCED POINT “C”;
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT “B”
148
EXHIBIT “C”

LEGAL DESCRIPTION

LYTLE CREEK ROAD DEDICATION
4 M:\Mapping\1289\02\Legals\Lytle Creek Road Dedication\1289-002 LCR Dedication.docx City Index No. ________________
THENCE NORTH 14°41'26" WEST, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL “B” AND THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID NORTHERLY LINE, NORTH 63°11'39" WEST, 34.71 FEET; THENCE SOUTH 75°18'34" WEST, 63.00 FEET;
THENCE SOUTH 33°48'46" WEST, 34.71 FEET TO SAID NORTHERLY LINE; THENCE, ALONG SAID NORTHERLY LINE, NORTH 75°18'34" EAST, 115.00 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 2,047 SQUARE FEET, MORE OR LESS.

PARCEL “E”
BEGINNING AT HEREINBEFORE REFERENCED POINT “D”;
THENCE SOUTH 23°41'36" EAST, 46.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL “B” AND THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 19°52'58" WEST, 37.27 FEET; THENCE SOUTH 57°27'24" WEST, 9.00 FEET;
THENCE SOUTH 66°18'24" WEST, 59.29 FEET;
THENCE SOUTH 75°09'23" WEST, 9.00 FEET;
THENCE NORTH 67°16'11" WEST, 37.27 FEET TO SAID SOUTHEASTERLY LINE; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 66°18'24" EAST, 128.45 FEET TO THE TRUE POINT OF BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 2,869 SQUARE FEET, MORE OR LESS.

PARCEL “F”
BEGINNING AT HEREINBEFORE REFERENCED POINT “E”;
THENCE NORTH 23°41'36" WEST, 46.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL “B” AND THE TRUE POINT OF BEGINNING;
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT “B”
149
EXHIBIT “C”

LEGAL DESCRIPTION

LYTLE CREEK ROAD DEDICATION
5 M:\Mapping\1289\02\Legals\Lytle Creek Road Dedication\1289-002 LCR Dedication.docx City Index No. ________________
THENCE NORTH 64°02'42" WEST, 38.84 FEET;
THENCE SOUTH 81°00'42" WEST, 9.00 FEET;
THENCE SOUTH 66°18'24" WEST, 58.03 FEET;
THENCE SOUTH 51°36'05" WEST, 9.00 FEET;
THENCE SOUTH 16°39'29" WEST, 38.84 FEET TO SAID NORTHWESTERLY LINE; THENCE, ALONG SAID NORTHWESTERLY LINE, NORTH 66°18'24" EAST, 125.74 FEET TO THE TRUE POINT OF BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 3,130 SQUARE FEET, MORE OR LESS.

THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.

KURT R. TROXELL, L.S. 7854 DATE
7/15/2021
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT “B”
150
DUNCAN CANYON ROAD INTERSTATE 15 (I-15) LC HAWKER CRAWFORD CHANNEL www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C" CREEK LYTLE ROAD DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 151
INTERSTATE 15 (I-15)
PARCEL "A"
PARCEL "B"
PARCEL "C"
LYTLE CREEK ROAD www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C" SEE SHEET 3
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 152
PARCEL "C"
PARCEL "D"
PARCEL "B"
LYTLE
CREEK ROAD www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C" SEE SHEET 2
SEE SHEET 4
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 153
PARCEL "B"
LYTLE CREEK ROAD www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C"
SEE SHEET 3
SEE SHEET 5
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 154
PARCEL "E" PARCEL "F"
PARCEL "B"

LYTLE CREEK
ROAD www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C"
SEE SHEET 4
SEE SHEET 6
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 155
PARCEL "B" LYTLE CREEK ROAD www.fuscoe.com tel 949.474.1960 fax 949.474.5315 Irvine, California 92606 16795 Von Karman, Suite 100 N G I E N E E R I N G EXHIBIT "C" SEE SHEET 5
DocuSign Envelope ID: 4DBF8682-6E8B-46EF-93D0-37CF0CE803F2 EXHIBIT "B" 156
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1847 Agenda Date: 12/13/2022
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Authorize the purchase of a 621G Wheel Loader from Sonsray Machinery.

RECOMMENDATION:

Authorize the Purchasing Office to use the NJPA Cooperative Purchasing Agreement now Sourcewell (Contract # 32119-CNH) for the purchase of one (1) Case 621G wheel loader from Sonray Machinery, Fontana, CA in the amount of $215,995.00 plus sales tax (7.75%), tire tax of $7.00 and processing fee of $399.00 for a total of $233,140.62.

DISCUSSION:

The Public Works Department (Utilities and Streets Division) is responsible for maintaining a variety of infrastructure needs such as, cleaning road edges on City streets, concrete removal, and repair to City sidewalks. Assist with excavation to access underground sewer pipes and the removal of debris from multiple empty lots throughout the City. A heavy equipment loader is an essential piece of equipment used to maintain multiple jobs throughout the City. The current loader no longer meets the standards set by California regulatory entity, CARB. The new loader is equipped with a tier 4 carb compliant engine. Purchase of the unit was approved and funds have been transferred to Fleet Fund 06-8319, as part of the FY22/23 vehicle replacement budget.

The selected 621G Loader is being recommended for purchase after a comprehensive review process by Department staff, Field staff and Fleet. Discussing the departments needs to perform their daily duties, staff has reviewed specifications from multiple manufacturers. Based upon the research, the loader capable of keeping up with the demands required by the department, at the lowest cost to the City, is the Case 621G loader. This unit will meet the needs of the Department and Sonsray equipment can also provide quick parts, service, repairs, and technical support.

Fontana City Code Article V- Purchasing Section 10-152(4) authorizes bidding to be exempt since competitive bidding already conducted by another agency. Staff is recommending that the City Council authorize this purchase between Sonray Machinery and the City, and to “piggy-back” off the Sourcewell contract for the loader.

City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™157
File #: 21-1847 Agenda Date: 12/13/2022
Agenda #: K. Category: Consent Calendar
FISCAL IMPACT:

The purchase cost is $233,140.62 and funds have been approved in the FY 2022/2023 in Fleet Fund 751, Account No. 75138306-8319.

MOTION:

Approve Staff Recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1848 Agenda Date: 12/13/2022
Agenda #: L. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Authorize the purchase of an E-450 TV/Lateral Inspection CCTV Camera Van.

RECOMMENDATION:

Authorize the Purchasing Office to use the Sourcewell (Contract # 091521-NAF) Cooperative Purchasing Agreement for the purchase of one (1) 2023 Ford E-450 TV/Lateral Inspection CCTV van from 72 Hour LLC (Nation Auto Fleet Group) in the amount of $395,465.00 plus sales tax $30,648.54 (7.75%) for a total of $426,113.54.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Practice sound fiscal management by living within our means while investing in the future.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Public Works Department (Utilities and Streets Division) is responsible for the maintenance and repair of the City underground sewer infrastructure which covers a span of 43.07 square miles. The camera van is an essential piece of equipment needed to maintain the network of sewer main lines, laterals, and storm drains and identifying damage or collapsed pipes due to natural events like tree roots. The department is requesting to purchase a new vehicle to replace the current camera van in service. Additional funds to purchase the vehicle was approved fourth quarter and funds were transferred to Fleet Fund 06-8319.

The selected camera van is being recommended for purchase after a comprehensive review process by Department staff, Field staff and Fleet. Discussing the departments priorities to successfully utilize their vehicle to perform their daily duties the staff has reviewed specifications from multiple manufacturers. Based upon the research, the van that meets the departments goals is the Cues camera van mounted on a Ford E-450 chassis from National Auto Fleet. This unit will meet the need of the Sewer Department and Plumbers Depot (authorized Cues dealer) can provide parts, service, repairs, and technical support.

Fontana City Code Article V - Purchasing Section 10-152(4) authorizes bidding to be exempt since the competitive bidding already conducted by another agency. Staff is recommending that the City City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™180
File #: 21-1848 Agenda Date: 12/13/2022
Agenda #: L. Category: Consent Calendar
Council authorize this purchase between Nation Auto Fleet Group and the City, and to “piggyback” off the Sourcewell contract for the CCTV van.

FISCAL IMPACT:

The cost of the purchase is $426,113.54. Funds have been approved in FY 2022/2023 in Fleet Org No. 75138306-8319.

MOTION:

Approve Staff Recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™181
182
183
184
185
186
187
188
189
190
191
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1849 Agenda Date: 12/13/2022
Agenda #: M. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

The Expanded Learning Opportunities Program for Transitional Kindergarten Agreement between the City and Fontana Unified School District
RECOMMENDATION:

1. Approve the Expanded Learning Opportunities Program (ELO-P) for Transitional Kindergarten (TK) Agreement with the Fontana Unified School District.

2. Authorize the City Manager or designee to sign the Agreement, all related documents, and any amendments for the term of the Agreement.

COUNCIL GOALS:
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The City of Fontana, in collaboration with the Fontana Unified School District (FUSD), is proposing a new program to serve community members taking part in the Fontana Unified School District’s implementation of the Expanded Learning Opportunities Program (ELO-P). The ELO-P provides State funding for afterschool and summer school enrichment programs for transitional kindergarten through sixth grade. Programs that qualify for the funding may include before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences.

The City of Fontana, CSD Fontana Expanded Learning Program (FELP), is currently in its fifteenth year of collaboration with the Fontana Unified School District (FUSD) as the provider of the After School Education and Safety Grant (ASES) program and has expanded operations to include ELO-P activities through FY2023-2024 per an existing contract and subsequent amendments.

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City Community Centers, providing additional contract services to FUSD in a program modeled after the existing City Tiny Tot program. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers, shapes, colors, and City of Fontana Page 1 of 3 Printed on 12/7/2022
powered by Legistar™192
File #: 21-1849 Agenda Date: 12/13/2022
Agenda #: M. Category: Consent Calendar
to 5), a recreation activity providing basic instruction on letters, numbers, shapes, colors, and socialization, and this program is recommended to be expanded and developed to provide additional contract services for the ELO-P that is hosted by FUSD for their TK students.

The services provided by City to FUSD for the ELO-P TK program listed herein, will be implemented like the existing ASES program is administered by FELP. The program will be offered to TK FUSD students at the Cypress Center (8380 Cypress Avenue, Fontana, CA 92335) and at the Don Day Center (14501 Live Oak Avenue, Fontana, CA 92337).

The initial term of this Agreement is January 10 through June 30 of 2023. This pilot program will be evaluated in the spring of 2023 to consider a term extension for future fiscal years. It is expected that this program will be extended by a multi-year agreement including a possible expansion to additional City facilities. Funding in the amount of $453,690.00 will cover staffing and programmatic costs and will be 100% reimbursable to City by FUSD through State grants/funding sources.

The proposed Agreement will allow the City to:
· Host FUSD TK students, with a maximum student to staff ratio of 10:1, at the Cypress Neighborhood Center and at the Don Day Neighborhood Center. § Providing services on all FUSD calendar schooldays, Monday through Friday after normal school dismissal times until 6:00pm, of student oversight daily per classroom. § Providing services for 30 non-schooldays for a maximum of nine hours of student oversight daily per classroom.
· Hire new employees to provide program as follows:
§ Provide a Community Services Coordinator to plan, organize, and implement program (one employee for all locations listed herein).
§ Provide Community Services Administrative Technician to perform clerical tasks (one employee for all locations listed herein).
§ Provide three part time staff members, for each of the two locations listed herein (6 staff total), with appropriate Early Child Education college units completed to adhere to FUSD staffing requirements.
· Provide program services, course curriculum, and materials as follows:
§ Provide TK students with recreational and educational experiences through crafts, music, games, outdoor activities, take-home activities, and share days. Curriculum may include but will not necessarily be limited to instruction on shapes, seasons, letters, numbers, holidays, weather, and colors. Program will encourage TK students’ development of communication, socialization, creativity, knowledge, and selfexpression, preparing students for a positive transition into kindergarten. § All program materials and equipment will be provided by City to host this program. § Assist and schedule with transportation of TK students to both City Neighborhood Centers.
§ Utilize FUSD school sites to host the TK program on a case-by-case basis when deemed in the students’ best interest due to inclement weather, available resources, and other factors identified by FUSD and City.

The proposed ELO-P TK program discussed herein was reviewed and approved by the Fontana Unified School District Board at a FUSD Board of Education Meeting in June of 2022. The City of Fontana reviewed the proposal during the City Council Meeting on July 12, 2022, approving and appropriating a budget of $453,690.00 in addition to new hires for program implementation as: one City of Fontana Page 2 of 3 Printed on 12/7/2022
powered by Legistar™193
File #: 21-1849 Agenda Date: 12/13/2022
Agenda #: M. Category: Consent Calendar
appropriating a budget of $453,690.00 in addition to new hires for program implementation as: one (1) Community Services Coordinator, one (1) Administrative Technician, six (6) After School Community Services Assistants (at levels I, II, and/or III, based upon candidates’ qualifications). The program implementation will take effect after both City and FUSD ratify the Agreement.

The attached FUSD Agreement discussed herein was reviewed by Best Best & Krieger Attorneys at Law.

When this grant concludes, the two (2) full-time positions identified above will not be absorbed by the General Fund and will be removed from the Master Table of Organization.

FISCAL IMPACT:

Funding in the amount of $453,690.00 is included in the adopted FY 2022-2023 operating budget in Fund 387. All expenses up to this amount is 100% reimbursable by the Fontana Unified School District.

MOTION:

Approve staff recommendation.

City of Fontana Page 3 of 3 Printed on 12/7/2022
powered by Legistar™194
Agreement for Consultant Services
Revised 1/7/21 Page 1 of 11

FONTANA UNIFIED SCHOOL DISTRICT
9680 Citrus Avenue
Fontana, C.A. 92335

AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT is hereby entered into between Fontana Unified School District, hereinafter referred to as “DISTRICT”, and
ENTITY TYPE (INC., LLC, etc.) TAXPAYER I.D. NUMBER
Mailing Address City State Zip
hereinafter referred to as “CONSULTANT”.

WHEREAS, DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if such persons are specially trained, experienced and competent to perform the special services required; and WHEREAS, CONSULTANT is specially trained, experienced and competent to perform the special services required by the DISTRICT, and such services are needed by DISTRICT on a limited basis; NOW THEREFORE, the parties agree as follows:

1. Services to be Provided by CONSULTANT (detailed description of services):

SEE EXHIBIT A ATTACHED (if more room is needed)
School Site/Department:

2. Term: CONSULTANT shall commence providing services under this AGREEMENT on , and will diligently perform as required and complete performance by .

3. Compensation:

A. DISTRICT agrees to pay the consultant for services satisfactory rendered pursuant to this AGREEMENT, a total NOT TO EXCEED AMOUNT of: Dollars and 0/100 Cents ($ ) DISTRICT shall pay consultant according to the following terms and conditions (terms of payment): .

City of Fontana
City of Fontana
Fontana CA 92335
The City of Fontana proposes ELO-P TK program: See Exhibit A Early Education
June 30, 2023
July 1, 2022
453,689.54
four hundred and fifty three thousand six hundred eighty nine dollars and fifity-four cents NET 30
8353 Sierra Ave
Municipality 95-6004770
195
Agreement for Consultant Services
Revised 1/7/21 Page 2 of 11
B. DISTRICT will not withhold federal or state income tax deductions from payments made to CONSULTANT under this agreement that are in the State of California, if CONSULTANT provides DISTRICT with his/her Social Security Number or a Taxpayer ID Number (see I.R.S.

Form 1099). DISTRICT will provide CONSULTANT and the Internal Revenue Service with a statement of earnings at the conclusion of each calendar year as required by I.R.S.

DISTRICT will withhold 7% from all payments for out-of-state (non-California) CONSULTANTs, in accordance with California Revenue and Taxation Code (R&TC) Section 18662.

C. DISTRICT will provide CONSULTANT with a form which CONSULTANT may use to request payment under this agreement; however, an invoice from the CONSULTANT will be accepted.

All invoices are to be sent to the school site/department that requested services to be signed by Principal/Department Head. Payment cannot be processed until signature of Principal/Department Head is on either Request for Payment Form or Invoice.

4. Expenses: DISTRICT shall not be liable to CONSULTANT for any cost or expenses paid for or incurred by CONSULTANT in performing services for DISTRICT, unless indicated in Paragraph 3 above.

5. Independent Consultant: CONSULTANT, in the performance of this AGREEMENT, shall be and act as an independent consultant and as such, is subject to direction of DISTRICT as to the result to be accomplished and not as the means and manner by which such results is to be accomplished.

CONSULTANT understands and agrees that he/she and all of his/her employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided to employees of the DISTRICT and/or to which DISTRICT’S employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation. CONSULTANT assumes full responsibility for the acts and/or omissions of his/her employees or agents as they relate to the services to be provided under this AGREEMENT.

CONSULTANT shall have no authority, express or implied, to bind DISTRICT in any manner, nor to incur any obligation, debt or liability of any kind or behalf of, or against, DISTIRCT, whether by contractor or otherwise, unless such authority is expressly conferred to CONSULTANT under this AGREEMENT or is otherwise expressly conferred by DISTRICT in writing. CONSULTANT shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, Social Security and income taxes with respect to CONSULTANT’S employees.

6. Removal of Employees or Agents: If any of CONSULTANT’S officers, employees, agents, contractors, subcontractors or subconsultants is determined by the DISTRICT Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the DISTRICT, such officer, employee, agent, contractor, subcontractor or subconsultant 196
Agreement for Consultant Services
Revised 1/7/21 Page 3 of 11
shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

7. Non-Discrimination: In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

8. Material: CONSULTANT shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this AGREEMENT, unless otherwise arranged with site. CONSULTANT’S services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of his/her profession.

9. Originality of Services: CONSULTANT agrees that all technologies, formulas, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays, and video productions prepared for, written for, submitted to the DISTRICT and/or used in connection with this AGREEMENT, shall be wholly original to CONSULTANT and shall not be copied in whole or in part from any other source, except that submitted to CONSULTANT by DISTRICT as a basis for such services.

10. Copyright/Trademark/Patent: DISTRICT agrees that CONSULTANT shall use its previously developed and to-be-developed tools, surveys and other copyright and patent-protectable resources in fulfillment of this Agreement. All such material shall remain the exclusive ownership of CONSULTANT with a limited right to use and reproduce those materials provided to DISTRICT for its continued use and application of the training services which include: workbook material and surveys. DISTRICT may not reproduce or in any way utilize these materials for competitive purposes or provide them to others including the use of the materials to provide substantially similar training outside of DISTRICT’s own internal use.

11. Failure to Provide Satisfactory Service, Abandonment of Project, Cancellation of Agreement:

A. If, at any time during the performance of the agreement, DISTRICT determines, at DISTRICT’S sole discretion to suspend indefinitely or abandon the work under this agreement, DISTRICT shall have the right to cancel this agreement and terminate the performance of CONSULTANT’S services hereunder. In the event of such cancellation, notice shall be deemed given when received by the CONSULTANT or no later than three days after the day of mailing, whichever is sooner.

CONSULTANT may not terminate this AGREEMENT except for cause as provided under Section 11.B., below. If this AGREEMENT is terminated as provided herein, DISTRICT may require CONSULTANT to provide all finished or unfinished documents and data and other information of any kind prepared by CONSULTANT in connection with the performance of the specialized services. CONSULTANT shall be required to provide such documents and data within fifteen (15) calendar days of DISTRICT’s written request. No actual or asserted breach of this AGREEMENT on the part of DISTRICT pursuant to Section 11.B., below, shall operate 197
Agreement for Consultant Services
Revised 1/7/21 Page 4 of 11
to prohibit or otherwise restrict DISTRICT’s ability to terminate this AGREEMENT for convenience as provided under this Section.

B. If the cancellation is for unsatisfactory performance, DISTRICT shall be obligated to pay CONSULTANT only for those services deemed by DISTRICT to be satisfactory as of the effective date of the cancellation or termination. In the event of such termination, the DISTRICT may secure the required services from another consultant. If the cost to the DISTRICT exceeds the cost of providing the service pursuant to this AGREEMENT, the excess cost shall be charged to and collected from the CONSULTANT. If the cancellation is the result of DISTRICT’S decision to suspend indefinitely or abandon the work under this agreement, DISTRICT shall be obligated to pay CONSULTANT only for those services performed by CONSULTANT through the effective date of cancellation or termination. Within three (3) business days of DISTRICT’s issuance of a notice of cancellation for any failure of CONSULTANT to provide satisfactory performance, CONSULTANT is to provide DISTRICT or DISTRICT’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to DISTRICT or DISTRICT’s employees or agents under this AGREEMENT. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the unsatisfactory performance upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, DISTRICT shall be under no obligation to grant additional time for the cure of an Event of Default that exceeds seven (7) calendar days from the end of the initial 3-day cure period. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to the DISTRICT.

12. Successors and Assigns:

This AGREEMENT shall not be assignable except with the written consent of the parties hereto.

13. Special Provisions:

A. If CONSULTANT is an individual, he or she shall complete the certification block on the “Request for Payment” form provided by DISTRICT stating whether or not CONSULTANT is a retired member of the State Teacher’s Retirement System of the State of California.

B. This AGREEMENT may be amended by the mutual written consent of the parties hereto.

14. Indemnification: CONSULTANT agrees to and does hereby indemnify, hold harmless and defend the DISTRICT, its officers, agents and employees from every claim or demand made and every liability, loss damage or expense, of any nature whatsoever, which may be incurred by reason of:

A. Liability for damages for: (1) death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2) above, sustained by the CONSULTANT or any person, firm or corporation employed by the CONSULTANT, either directly or by independent contract, upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result 198
Agreement for Consultant Services
Revised 1/7/21 Page 5 of 11
from the sole negligence or willful misconduct of the DISTRICT, its officers, employees or agents.

B. Any injury to or death of any persons, including the DISTRICT, its officers, agents and employees, or damage to or loss of any property caused by any act, neglect, default, or omission of the CONSULTANT, or any person, firm or corporation employed by the consultant, either directly or by independent contract, arising out of, or in any way connected with, services covered by this AGREEMENT, whether said injury or damage occurs either on or off DISTRICT’S property, except for liability for damages which result from the sole negligence or willful misconduct of the DISTRICT, its officers, employees or agents.

C. Any liability for damages which may arise from the furnishing or use of any copyrighted or uncopyrighted matter or patented or unpatented invention under this AGREEMENT.

DISTRICT shall have the right to offset against the amount of any compensation due CONSULTANT under this AGREEMENT any amount due DISTRICT from CONSULTANT as a result of CONSULTANT’s failure to pay DISTRICT promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this AGREEMENT or (ii) comply with applicable workers’ compensation laws.

15. Insurance: Pursuant to Section 13, CONSULTANT agrees to carry comprehensive general and automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage in a form mutually acceptable to both parties to protect CONSULTANT and DISTRICT against liability or claims of liability which may arise out of this AGREEMENT. As applicable, a policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and DISTRICT against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this AGREEMENT. In addition, CONSULTANT agrees to provide an endorsement to its policy naming the DISTRICT as an additional insured and stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by DISTRICT shall be excess and noncontributory”. Prior to providing services under this AGREEMENT, CONSULTANT shall provide DISTRICT with certificates of insurance evidencing all coverages and endorsements required hereunder including a thirty (30) day written notice of cancellation or reduction in coverage. CONSULTANT agrees to name DISTRICT, its officers, agents and employees as additional insured under said policy. Except for Errors and Omissions Liability and Professional Liability, CONSULTANT shall require the carriers of the above-required coverages to waive all rights of subrogation against DISTRICT, its officers, employees, agents, volunteers, contractors and subcontractors. All varieties of insurance required under this AGREEMENT shall be procured from insurers admitted in the State of California and authorized to issue policies directly to 199
Agreement for Consultant Services
Revised 1/7/21 Page 6 of 11
California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers, who according to the latest edition of the Best’s Insurance Guide have an A.M. Best’s rating of no less than A:VII. DISTRICT may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. (this requirement can only be waived by the Director of Purchasing or Director of Risk Management).

16. Assignment: The obligations of the CONSULTANT pursuant to this AGREEMENT shall not be assigned by the CONSULTANT.

17. Subcontracting: CONSULTANT shall not subcontract any portion of the special services required by this AGREEMENT, except as expressly stated herein, without the prior written approval of DISTRICT. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this AGREEMENT, including provisions relating to insurance requirements and indemnification.

18. Confidentiality: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this AGREEMENT are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by DISTRICT. DISTRICT shall grant such consent if disclosure is legally required. Upon request, all DISTRICT data shall be returned to DISTRICT upon the termination or expiration of this AGREEMENT. CONSULTANT shall not use DISTRICT's name or insignia, photographs, or any publicity relating to their service to DISTRICT in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of DISTRICT.

19. Compliance with Applicable Laws: The services completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT’S general right of inspection to secure the satisfactory completion thereof. CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’S business, equipment and personnel engaged in operations covered by the AGREEMENT or accruing out of the performance of such operations.

20. Animals on Campus: Animals are not allowed on any school campus unless approved, in writing, from the District.

21. Fingerprinting: This AGREEMENT is subject to the provisions of Education Code Section 45125.1. CONSULTANTS’ employees are required to submit fingerprints to the Department of Justice when an employee may come into contact with students at any DISTRICT site. The Department of Justice will ascertain whether the employee has pending criminal proceeding for a violent or serious felony or has been convicted of violent or serious felony as they are defined in Penal Code Sections 667.5c and 1192.7c, respectively. Consultant shall not permit an employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code Section 45122.1 Consultant shall provide DISTRICT with a list of names of employees who may come in contact with students and 200
Agreement for Consultant Services
Revised 1/7/21 Page 7 of 11
must certify in writing to the DISTRICT that none of its employees who may come in contact with students have been convicted of a felony as defined in Education Code Section 45122.1.

DISTRICT may request the removal of an employee from a DISTRICT site at any time. Failure to comply with this provision may result in termination of the AGREEMENT. Certification Form is attached hereto. (this requirement can only be waived by the Director of Purchasing or Associate Superintendent, Business Services).

22. False Claims Act: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

23. Drug Free Workplace Certification: CONSULTANT shall apprise its officials and employees of the Drug-Free Workplace Act of 1990 (Govt. Code Section 8350 et seq.) (hereinafter, the “Act”) which requires that every person or organization awarded a contract or grant for the procurement of property or services from any State agency must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred. CONSULTANT shall comply with the requirements publication and notification requirements of Government Code Section 8355 as to all employees performing services and tasks under this AGREEMENT on DISTRICT property or from DISTRICT facilities.

24. Permit/Licenses: CONSULTANT and CONSULTANT’S employee(s) or agent(s) shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this AGREEMENT.

25. Employment with Public Agency: CONSULTANT, if an employee of another public agency, agrees that CONSULTANT will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this AGREEMENT.

26. Time is of the Essence: Time is of the essence for each and every provision of this AGREEMENT.

27. Entire Agreement/Amendment: This AGREEMENT and any exhibits attached hereto constitute the entire AGREEMENT among the parties to it and supersedes any prior or contemporaneous understanding or AGREEMENT with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the AGREEMENT.

28. Affirmative Action Employment: CONSULTANT agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons. 201
Agreement for Consultant Services
Revised 1/7/21 Page 8 of 11

29. Non Waiver: The failure of DISTRICT or CONSULTANT to seek redress for violation of, or to insist upon the strict performance of any term or condition of the AGREEMENT, shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition.

30. Notice: All notices or demands to be given under this AGREEMENT by either party to the other, shall be in writing and given either by: (a) personal service or (b) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received, if personally served, or if mailed on the third day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions or this section. At the date of this AGREEMENT, the addresses of the parties are as follows:

DISTRICT: CONSULTANT:

FONTANA UNIFIED SCHOOL DISTRICT
9680 CITRUS AVENUE
FONTANA, CA 92335
E-MAIL:

31. Severability: If any term, condition or provisions of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

32. Governing Law: The terms and conditions of this AGREEMENT shall be governed by the laws of the State of California with venue in San Bernardino County, California.

Please check one of the following:

Yes No
I am a retiree who falls under CalSTRS
I am a retiree who falls under CalPERS
I am an active employee who falls under CalSTRS
I am an active employee who falls under CalPERS
CONSULTANT:

By:

Signature (SSN or TAX ID #)

FONTANA UNIFIED SCHOOL DISTRICT
By: By:

Director of Purchasing Ryan DiGiulio
Associate Superintendent
Business Services
Date: Date:

City of Fontana
8353 Sierra Ave
Fontana, CA 92335
City of Fontana
[email protected]
95-6004770
202
Agreement for Consultant Services
Revised 1/7/21 Page 9 of 11

EXHIBIT A
Scope of Services
Services to be provided by CONSULTANT (List detailed scope of service or attach detailed proposal):

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City of Fontana Community Centers, providing additional contract services to FUSD as a new pilot program for FY22-23. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers shapes, colors, socialization, and more, and this Facilities Division program model will be expanded for FUSD services to provide additional contract services for the ELO-P that is hosted for their TK students.

SEE City Proposal
203
Agreement for Consultant Services
Revised 1/7/21 Page 10 of 11

CERTIFICATION REGARDING BACKGROUND CHECKS
certifies that it has performed one of the following:
(Name of consultant)
___ Pursuant to Education Code Section 45125.1, Consultant has conducted criminal background checks, through the California Department of Justice, of all employees providing services to the Fontana Unified School District, pursuant to the contract/purchase order dated , and that none have been convicted of serious or violent felonies, as specified in Penal Code Section 1192.7(c) and 667.5(c), respectively.

As further required by Education Code Section 45125.1, attached hereto, as Attachment “A”, is a list of employees of the undersigned who may come in contact with pupils.

OR
_____ Pursuant to Education Code Section 45125.2, Consultant will ensure the safety of pupils by one or more of the following methods:

Work will be performed on a day or days when school is not in session (holidays, weekend, or non-teaching days – may not include after school hours).

Other, describe:

Signature of District Official responsible for assuring selected conditions are met in accordance with Education Code Section 45125.2, if applicable:

Signature: Title:

Consultant understands that District staff may monitor and evaluate adherence to these conditions during the work performed.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date: _
[Name of Consultant]
______________________________
Signature
Printed Name
Title
City of Fontana
City of Fontana
204
Agreement for Consultant Services
Revised 1/7/21 Page 11 of 11
ATTACHMENT NO. A
{INSERT NAMES OF EMPLOYEES WHO MAY COME IN CONTACT WITH PUPILS} After School Community Services Assistant III, at Don Day Center After School Community Services Assistant II, at Don Day Center After School Community Services Assistant I, at Don Day Center After School Community Services Assistant III, at Cypress Center After School Community Services Assistant II, at Cypress Center After School Community Services Assistant I, at Cypress Center Community Services Coordinator
Community Services Supervisor
Community Services Administrative Tech
205

Page 1 of 4 ends

City of Fontana
Proposal for FUSD ELO-P TK Services
The City of Fontana, Community Services Department (CSD), is herein proposing a new program to serve community members taking part in the Fontana Unified School District’s implementation of the Expanded Learning Opportunities Program (ELO-P). The ELO-P provides State funding for afterschool and summer school enrichment programs for transitional kindergarten through sixth grade. Programs that qualify for the funding may include before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences.

The City of Fontana, CSD Fontana Expanded Learning Program (FELP), is currently in its fifteenth year of collaboration with the Fontana Unified School District (FUSD) as the provider of the After School Education and Safety Grant (ASES) program and has expanded operations to include ELO-P activities through FY23-24 per an existing contract and subsequent amendments.

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City Community Centers, providing additional contract services to FUSD as a new pilot program in FY22-23. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers, shapes, colors, socialization, and more, and the Facilities Division is recommending this program model be expanded and developed to provide additional contract services for the ELO-P that is hosted by FUSD for their TK students.

The term of this proposal is recommended to be January 10, 2023, to June 30, 2023 (FY22- 23). FUSD and City will evaluate this pilot program in March of 2023 to consider a term extension.

The City to provide for FUSD, at the Cypress Neighborhood Center (8380 Cypress Avenue, Fontana, CA 92335) and at the Don Day Neighborhood Center (14501 Live Oak Avenue, Fontana, CA 92337) the following to host a TK Expanded Learning Program:
• Classroom and Capacity
o Provide services at two (2) classrooms total: one classroom located at Don Day Neighborhood Center and one classroom located at Cypress Neighborhood Center.
o Maintain a student to staff ratio that will not exceed 10:1 per classroom ▪ Maximum Enrollment (classroom capacity) for each location will be established based upon available resources.
206

Page 2 of 4 ends

• Schedule
o Provide services on all FUSD calendar schooldays, Monday through Friday after normal school dismissal time(s) until 6:00pm, of student oversight daily per classroom.
o Provide services for up to thirty (30) non-schooldays, for a maximum of nine (9) hours of student oversight daily per classroom.
▪ City will establish schedule of non-schooldays to provide programming based upon participant need(s), facility schedule(s), and FUSD recommendation(s).
• Staffing
o Provide a Community Services Coordinator to plan, organize, and implement program (one employee for all locations listed herein). o Provide Community Services Administrative Technician to perform clerical tasks (one employee for all locations listed herein).
o Per classroom/location
▪ Provide three part time staff members with appropriate Early Child Education college units completed to instruct students. • Curriculum Components and Materials
o Provide student with recreational and educational experiences through crafts, music, games, outdoor activities, take-home activities, and share days. o Provide student instruction on items including, but not necessarily limited to: shapes, seasons, letters, numbers, holidays, weather, and colors. o Encourage student development of communication, socialization, creativity, knowledge, and self-expression, preparing students for a positive transition into kindergarten.
o All educational and recreational class curriculum materials will be provided by City to host this program.
o Program will be designed to create a safe, warm, and nurturing environment for the student to grow and learn. The daily activities, designed to be agespecific, will be implemented to best assure a student’s unique individual interests and needs are considered.
• Student Transportation
o City staff at Don Day Neighborhood Center will be available to walk with students from Canyon Crest Elementary to City facility (and walk back to school, as needed).
▪ City and FUSD may mutually agree to host this classroom at the Canyon Crest Elementary School as an alternative location to the Don Day Center, when deemed in the students’ best interest due to inclement weather, available resources, or other factors. o City staff at Cypress Neighborhood Center will be available to walk with students from Oleander Elementary to City facility (and walk back to school, as needed).
▪ City and FUSD may mutually agree to host this classroom at the Oleander Elementary School as an alternative location to the Cypress 207

Page 3 of 4 ends

Center, when deemed in the students’ best interest due to inclement weather, available resources, or other factors.
o At both classrooms, parent pickup of student(s) will be done based upon the direction of FUSD to be provided, either from school site or from the City facility. City will not release any student to an individual that is not listed on an authorized student pick-up form.
• Administration
o City will model administration components to align with existing regulations, policies, practices, and procedures utilized by FUSD and the City under the After School Education and Safety Grant Program Services Agreement, which may include but is not necessarily limited to:
▪ Provide daily updates to FUSD and student’s parent/guardian if there are behavior issues with a student.
▪ Provide daily updates to FUSD and student’s parent/guardian if there are health issues with a student.
• In the event of an illness, City will contact student’s parent/guardian and have student removed from the program as timely as possible, proceeding to notify FUSD of illness experienced by student.
• In the event of a health emergency, City will contact EMS directly/immediately and update FUSD and student’s
parent/guardian immediately.
▪ Charge a pick-up late fee per City policy for students not timely picked-up by parents/guardians.
▪ Document attendance daily and file a monthly report to FUSD. ▪ Document daily drop off / pick up of student and only allow when done by an authorized individual.
▪ Document program expenditures quarterly and have report available for FUSD upon request.

The budgetary impacts for City to provide this service to FUSD is:
• ELO-P TK Classroom at Cypress Center
▪ $226,844.77
• ELO-P TK Classroom at Don Day Center
▪ $226,844.77
Grand Total for Proposal: $453,689.54
This Proposal Cost will be listed as, “Not to Exceed,” as City will invoice based upon actual costs incurred and scale services pending student enrollment and available resources.

FUSD to provide to City the following to host a TK Expanded Learning Program as outlined herein:
• Administration
208

Page 4 of 4 ends

o FUSD will model administration components to align with existing regulations, policies, practices, and procedures utilized by FUSD and the City under the After School Education and Safety Grant Program Services Agreement, which may include but is not necessarily limited to:
▪ Student Enrollment
▪ Student Liability Waiver
▪ Student Behavioral Agreement
▪ Student Informational Forms (allergies, general health, pick-up authorization, emergency contact, etc.)
o As this City program is a recreation-based program, not a licensed day care facility, only students who are fully potty trained (have mastered using the bathroom on their own) will be permitted to visit a City facility as outlined herein. Students in diapers or pull-ups will not be permitted in this City program.
o Facility Access for School Site(s)
▪ As needed for daily student pick up/drop off, or in the event City and FUSD mutually agree to host a classroom at an FUSD school site (when deemed in the students’ best interest due to inclement weather, available resources, or other factors), FUSD will provide timely building access and classroom(s) appropriate to meet programmatic needs, including storage of program materials for students onsite in the classroom(s) in a secure location. • Payment
o FUSD will issue payment for services rendered within thirty (30) days of a City invoice.
209
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1884 Agenda Date: 12/13/2022
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No. 20228
RECOMMENDATION:

Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by Lennar Homes of California, Inc. for Tract No. 20228 located north of South Highland Avenue, east of Hemlock Avenue, west of Beech Avenue, and south of the 210 Freeway.

COUNCIL GOALS:
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No. 20228 is located north of South Highland Avenue, east of Hemlock Avenue, west of Beech Avenue, and south of the 210 Freeway. As a requirement of the Subdivision Map Act and as a condition of development, Lennar Homes of California, Inc posted bonds to secure 100% of the installation of all public infrastructure improvements for the condominium tract. Currently, the developer has completed the majority of the street and public infrastructure work.

This action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining public infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce To
20228 9328383 $659,655.00 $131,931.00
FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™210

TRACT MAP NO. 20228

CITY OF FONTANA, CALIFORNIA
City of Fontana
Department of Engineering, Land Development Section
Regular City Council Meeting
211

City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1881 Agenda Date: 12/13/2022
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No.’s 20154 (PA5 - Park), 20213 (PA6 - Park), 20213-1 (PA-3 - Park), 20214-1 (PA11 - Park), 20214-1 (PA10 - Intract), 20214-2 (PA15 - Intract), 20214-3 (PA12 - Intract), 20214-4 (PA14 - Park), 20214-4 (PA13 - Intract), 20214-5 (PA19 - Intract), and 20214 (PA16 - Park) within the Summit at Rosena Specific Plan
RECOMMENDATION:

Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by Lennar Homes of California, Inc., a California corporation for Tract No.’s 20154 (PA5 - Park), 20213 (PA6 - Park), 20213-1 (PA-3 - Park), 20214-1 (PA11 - Park), 20214-1 (PA10 - Intract), 20214-2 (PA15 - Intract), 20214-3 (PA12 - Intract), 20214-4 (PA14 - (Park), 20214-4 (PA13 - Intract), 20214-5 (PA19 - Intract), and 20214 (PA16 - Park), located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan.

DISCUSSION:

Tract No.’s 20154 (PA5 - Park), 20213 (PA6 - Park), 20213-1 (PA-3 - Park), 20214-1 (PA11 - Park), 20214-1 (PA10 - Intract), 20214-2 (PA15 - Intract), 20214-3 (PA12 - Intract), 20214-4 (PA14 - Park), 20214-4 (PA13 - Intract), 20214-5 (PA19 - Intract), and 20214 (PA16 - Park) are located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan. As a requirement of the Subdivision Map Act and as a condition of development, Lennar Homes of California, Inc., a California corporation posted bonds to secure 100% of the installation of all public infrastructure and park improvements for the residential tracts and community parks. Currently, the developer has completed the majority of the street, public infrastructure, and public parks improvements.

This action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining public parks and infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce To
20154 (PA5 - Park) 30083066 $137,609.00 $27,521.80
20213 (PA6 - Park) 30083064 $88,046.00 $17,609.20
20213-1 (PA-3 - Park) 30083070 $2,790,259.00 $558,051.80 20214-1 (PA11 - Park) 30083065 $654,390.00 $130,878.00
202141 (PA10 Intract) LICX1183052 $61834700 $12366940
City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™213
File #: 21-1881 Agenda Date: 12/13/2022
Agenda #: O. Category: Consent Calendar
Tract No. Bond No. Bond Amount Reduce To
20154 (PA5 - Park) 30083066 $137,609.00 $27,521.80
20213 (PA6 - Park) 30083064 $88,046.00 $17,609.20
20213-1 (PA-3 - Park) 30083070 $2,790,259.00 $558,051.80 20214-1 (PA11 - Park) 30083065 $654,390.00 $130,878.00
20214-1 (PA10 - Intract) LICX1183052 $618,347.00 $123,669.40 20214-2 (PA15 - Intract) LICX1183051 $936,401.00 $187,280.20 20214-3 (PA12 - Intract) LICX1183050 $1,709,917.00 $341,983.40 20214-4 (PA14 - Park) 30083063 $1,965,226.00 $393,045.20 20214-4 (PA13 - Intract) 024243246 $1,076,834.00 $215,366.80 20214-5 (PA19 - Intract) 024243245 $732,732.75 $146,546.55 20214 (PA16 - Park) 30083062 $705,387.00 $141,077.40
FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™214

VICINITY MAP
NTS
Regular City Council Meeting
TRACT MAP NO. 20228

CITY OF FONTANA, CALIFORNIA
City of Fontana
Department of Engineering, Land Development Section
N
215
216
217
218

221

City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1885 Agenda Date: 12/13/2022
Agenda #: P. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

AMENDMENT TO SECTION 2-169 OF ARTICLE V, CHAPTER 2 AND SECTION 2-202 OF ARTICLE VI, CHAPTER 2 OF THE FONTANA MUNICIPAL CODE
RECOMMENDATION:

Approve amendment to Section 2-169 of Article V Chapter 2, and Section 2-202, of Article VI, Chapter 2 of the Fontana Municipal Code expanding definition of authorized use of City Logos, Marks, Insignia, and Seals
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

The City must ensure the appropriate and positive use of City Logos, Marks, Insignia, and Seals.

The City must further protect the use of the City Logos for official city business and ensure they are not used without the permission of the City.

This ordinance amendment will expand the definition of City logos to include all logos, seals, marks, Fire District insignia, Police Insignia, departmental badges and patches, and proprietary artwork associated with City websites, Letterhead, and other official documents.

FISCAL IMPACT:

There is no fiscal impact related the approval of this ordinance.

MOTION:

Approve Amendment to Municipal Code Section 2-169 of Article V Chapter 2, and Section 2-202, of Article VI, Chapter 2
City of Fontana Page 1 of 1 Printed on 12/7/2022
powered by Legistar™225
16498.00001\40840603.3
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTION 2-169 OF ARTICLE V, CHAPTER 2 AND SECTION 2-202 OF ARTICLE VI, CHAPTER 2 OF THE FONTANA

MUNICIPAL CODE, EXPANDING UPON THE UNAUTHORIZED USE OF

THE CITY SEAL, STATIONARY, FORMS, AND CORRESPONDENCE TO INCLUDE THE CITY’S POLICE AND FIRE DISTRICT INSIGNIA
WHEREAS, the City of Fontana (“City”) is a general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the law of the State or the United States; and WHEREAS, the term “Fire District” shall refer to the Fontana Fire Protection District, pursuant to Section 11-1, of Article I, Chapter 11 of the Fontana Municipal Code.

WHEREAS, the City Council of the City desires to expand upon its protection of the City seal, stationary, forms, and correspondence to include the City’s police department and Fire District insignia; and
WHEREAS, in the interest of public safety, the City Council wishes to protect the police department and Fire District’s insignia or other indicia thereof, against unauthorized use and imitation.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

SECTION 2. Municipal Code Amendments. Section 2-169 of Article V, Chapter 2 of the Fontana Municipal Code is hereby amended to read as follows:
“It is unlawful for any person to make, use or allow to be used the seal of the city, city logo, or city police or Fire District insignia, which shall include but is not limited to department badges, logos, patches, website banners or any part thereof, or any reproduction, imitation, or facsimile for any purpose other than for official business of the city, without prior authorization from the city council.”
SECTION 3. Municipal Code Amendments. Section 2-202 of Article VI, Chapter 2 of the Fontana Municipal Code is hereby amended to read as follows:
226
16498.00001\40840603.3
Ordinance No. ____

Page 2 of 4 ends

“No person, employee or committee may use or allow to be used city stationery, city forms, city correspondence, or city police or Fire District insignia, which shall include but is not limited to department badges, logos, patches, website banner or any part thereof, or any imitation, facsimile, or representation for any other purpose other than for official business of the city, without prior authorization from the city council.”
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

SECTION 7. Effective Date. This Ordinance shall be effective thirty days (30) following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

PASSED, APPROVED and ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the ____ day of December, 2022. [SIGNATURES ON FOLLOWING PAGE]
227
16498.00001\40840603.3
Ordinance No. ____

Page 3 of 4 ends

__________________________________
Acquanetta Warren, Mayor
City of Fontana
Attest:
__________________________________
Germaine McClellan Key, City Clerk
Read and Approved as to form:

Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
228
16498.00001\40840603.3
Ordinance No. ____

Page 4 of 4 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF FONTANA )

CERTIFICATION
I, Germaine McClellan Key, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of Fontana, California, at a regular meeting held the ____ day of November, 2022. Ordinance No. __ was approved, passed and adopted at a regular meeting held the ____ day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Germaine McClellan Key, City Clerk
229
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1864 Agenda Date: 12/13/2022
Agenda #: Q. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Lease Agreements for Fire Station 71, Fire Station 73, Fire Station 74, Fire Station 77, Fire Station 78, and Fire Station 79; and Lease Repayment Agreement for Same.

RECOMMENDATION:

Approve Lease and Lease Repayment Agreements between the City of Fontana and the Fontana Fire Protection District and authorize budget adjustments increasing appropriations and sources in the amount of $7,406,545.76.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility; and, · Practice sound fiscal management by living within our means while investing in the future.
· Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

The City of Fontana owns six separate properties improved with Fire Stations and other improvements. These Properties are known as Fire Station No. 71 (APN 192-042-26), Fire Station No. 73 (APN 0230-041-01), Fire Station No. 74 (APN 0237-201-27), Fire Station No. 77 (APN 0256- 011-22), Fire Station No. 78 (APN 0228-233-01), and Fire Station No. 79 (APN 1107-262-58). These stations have each been occupied under prior agreements and month-to-month tenancies since at least July 1, 2015, without payment of rent.

Leases for each of the properties are proposed at current market values so that the City can realize revenues similar to what would otherwise be provided by alternative improvement. Additionally, fair market amounts have been estimated conservatively for the period of time from July 1, 2015, to the present and a lease repayment agreement has been provided. Current rent for each facility would be $0.89/sq.ft. to arrive at monthly rent as follows:

Station 71: $52,999.50/month
Station 73: $70,388.32/month
Station 74: $58,152.60/month
Station 77: $77,923.95/month
Station 78: $64,039.95/month
Station 79: $77,586.64/month
City of Fontana Page 1 of 2 Printed on 12/7/2022
powered by Legistar™230
File #: 21-1864 Agenda Date: 12/13/2022
Agenda #: Q. Category: Consent Calendar
Total: $401,090.96/month
With approval of the six Commercial Lease Agreements, the Fontana Fire Protection District will pay a fair market rent for each of the six properties commencing as of January 1, 2023, and with approval of the Lease Repayment Agreement, the Fontana Fire District will repay rental payments for the period covering July 1, 2015 through December 31, 2022.

FISCAL IMPACT:

With approval of each of the six Lease Agreements, the Fontana Fire Protection District will pay $401,090.96/month total rent for the six fire stations commencing on January 1, 2023. Lease payments will be made bi-annually in January and July and will reflect the amount due for the upcoming six months. The first payment will be made on January 2023, in the amount of $2,406,545.76 for the months of January through June 2023. Rental income to be deposited in Fund 115.

With approval of the Lease Repayment Agreement with the Fontana Fire Protection District, the City will recoup $33,069,724.32 in unpaid rent for the period covering July 1, 2015, through December 31, 2022. The Fontana Fire Protection District shall pay the City an annual payment in an amount which equals the Fontana Fire Protection District’s General Fund ending balance as of June 30 in each year (i.e., the previous fiscal year ending General Fund balance based on unaudited estimates after all expenses are paid), less twenty-five percent (25%) of Fontana Fire Protection District’s total General Fund budgeted expenses for the current fiscal year; provided, however, the final payment amount may be less based on the final amount owed. The annual payment amount shall not be in an amount which leaves the Fontana Fire Protection District with an amount less than twenty-five percent (25%) of the current fiscal year’s budgeted expenses in its General Fund. Upon execution of this agreement, the first payment in the amount of $5,000,000, will be due immediately. This rental income will be deposited in the Capital Reinvestment Fund #601. Appropriate budget forms will be included with the Mid-Year Budget Adjustments.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 12/7/2022
powered by Legistar™231
16498.00372\40646600.3
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between CITY OF FONTANA, a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT, a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 16980 Arrow Blvd., Fontana, California, 92335, located in the City of Fontana California (APN 192-042-26) (the “Property”). The Property is improved with Fire Station No. 71 and other improvements. Tenant has occupied Property since at least July 1, 2015, without payment of rent.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 59,550 square feet, known as 16980 Arrow Blvd, referred to herein as the "Premises" and shown on Exhibit A.

Term, Occupancy, and Renewal.
a. Term. The term of this Lease shall commence on January 1, 2023 (the "Commencement Date") and shall continue until June 30, 2035. b. Occupancy. Tenant has been in occupancy of the Premises under a prior agreement, and subsequent month-to-month tenancy, which agreement and tenancy are hereby terminated by the execution of this Lease (except for such provisions which expressly survive). c. Option to Renew. Provided Tenant is not in default under any terms of this Lease, and in the sole and absolute discretion of Landlord, Tenant is hereby granted an option to renew this Lease, under the same terms and conditions as set forth in this Lease, for the further term of 10 years from and after the expiration of the original term of this Lease as set forth under Section 3(a) (the "Renewal Term") by giving Landlord written notice of election of exercise option to at least 120 days prior to the expiration of the then unexpired term; provided, if Tenant fails to timely notify Landlord of election to extend for any option period, all succeeding option periods, if any, shall automatically expire and lapse and the Lease shall terminate at the end of the term then in effect.

Rent. The annual rent as of the Commencement Date shall be $0.89 per square foot per month, or $52,999.50 per month, and $317,997.00 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each sixmonth period, with the first payment due on January 2, 2023, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand.
a. Back Rent. Tenant shall pay the back rent due for occupancy of the Property since July 1, 2015, in the total amount of $4,369,779.00 (“Back Rent”) to the Landlord. The terms of payment for Back Rent shall be subject to a separate agreement between the Parties, which shall be executed concurrently with this Lease.
b. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due 232
16498.00372\40646600.3
2 from Tenant is not received by Landlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
c. Interest on Unpaid Rent. Aside from Back Rent, Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid.
d. Annual Adjustment. Base Rent shall increase by 2% on July 1, 2023, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Place of Payment of Rent. Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional rent, shall be payable by hand delivery or mail at City of Fontana, 8353 Sierra Ave, Fontana, California 92335, or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does 233
16498.00372\40646600.3
3 not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________ Use. The Premises shall be used only for the operation of Fire Station No. 71 and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord.

Uses Prohibited. In addition to uses prohibited pursuant to Paragraph 7, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to sell or solicit in any manner or store any property, temporarily or permanently, in the Common Areas.

Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as additional rent immediately upon demand by Landlord.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). 234
16498.00372\40646600.3
4 b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined Landlord's sole and absolute judgment.

Repair and Maintenance.
a. Landlord’s Repair and Maintenance. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, and Common Areas in which the Premises are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. Within ten (10) days after receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance. Landlord shall not be required to make any repairs to the roof, structural foundation, or exterior walls unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period thereafter to commence and
b. Tenant’s Repair and Maintenance. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section 11(a), above, in good condition and repair.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California 235
16498.00372\40646600.3
5 Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Landlord may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 15. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value.
d. Utilities. To the extent separately assessed, billed or charged, Tenant shall pay, during the term hereof, all electric, water, gas, telephone, and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. To the extent not separately assessed, billed or charged, such charges shall be subject to this Section 12 (Additional Rent). Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of rent resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption of failure of any services to be provided under this Lease.
e. Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 12(e) hereof, be responsible for payment of property taxes levied against such possessory interest.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the 236
16498.00372\40646600.3
6 Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord which shall not be unreasonably withheld. If an assignment or subletting involves a use other than that permitted in Paragraph 7 above, Tenant must comply with said Paragraph 7.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration
Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the 237
16498.00372\40646600.3
7 performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of coverage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, "All risk" property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, "Tenant's Property") (and coverage for the full replacement cost thereof including business interruption of Tenant);
b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion 238
16498.00372\40646600.3
8 Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" 239
16498.00372\40646600.3
9 wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.

All insurance policies required by this Section 17 (i) must be issued by insurance companies having an "A" rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of "A" by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 17 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease. Landlord, as a public entity, may satisfy any of its insurance requirements by use of self-insurance, deductible, captive insurance company or risk pool. The responsibility to fund any financial obligation for self-insurance, the election not to insure, and/or deductibles shall be assumed by, for the account of, and at the sole risk of each party. The application of coverage within this self-insurance, election not to insure, and/or deductible shall be deemed covered in accordance with the policy forms set forth in this Section 17.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate 240
16498.00372\40646600.3
10 this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) -day period and thereafter diligently pursues it to completion.
(3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights 241
16498.00372\40646600.3
11 and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subparagraphs (a) and (b) above of this Section, the "worth at the time of award" is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred 242
16498.00372\40646600.3
12 by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws. Landlord may provide, at its option, a building directory sign, for which Tenant shall pay its Proportionate Share.

Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises as a fire station, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event the amount of property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises as a fire station, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. If there is no substantial interference or if there is substantial interference, but neither party elects to terminate, Landlord shall promptly proceed to restore the Premises to substantially the same condition as the Premises existed prior to such partial taking, to the extent possible by application of the condemnation proceeds only, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises.

Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises 243
16498.00372\40646600.3
13 and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenant, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words "Landlord" and "Tenant" as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.
244
16498.00372\40646600.3
14 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation
By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana
By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _______________________________
245
16498.00372\40646600.3
1 EXHIBIT A

MAP OF PREMISES
246
16498.00372\40646600.3
1 EXHIBIT B

REQUIREMENTS FOR ALTERATIONS AND IMPROVEMENTS BY TENANT If Landlord shall permit Tenant to construct any initial tenant improvements in the Premises or to have any work performed in the Premises at any time prior to or during the Lease term by a contractor retained by Tenant ("Tenants Work"), then Tenant shall comply with the requirements set forth herein, If Tenant's Work has been properly authorized, Tenant will receive written approval and consent for alterations to the Premises All alterations to the Premises, excepting movable furniture and trade fixtures, shall, at Landlord's option, become a part of the realty and belong to Landlord.

1. SUBMITTAL OF PLANS Prior to commencing any work in the Premises, Tenant shall submit to Landlord for approval its proposed plans for the work Without limiting the foregoing, Tenant shall provide:
(a) A separate scale drawing denoting all proposed construction and/or demolition if necessary;
(b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications;
(c) Specify all dimensions and complete references to all work be performed in the affected areas;
(d) If adding extra electrical or mechanical equipment, -provide complete operating and maintenance specifications for each item;

2. CHECKLIST With respect to each project, Tenant with a checklist listing the items required to be furnished to Landlord in connection with the proposed work Tenant shall furnish to Landlord prior to, during, or upon completion of Tenants Work, as applicable, each of the items specified in the checklist attached hereto as Attachment I.

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place; (g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
247
16498.00372\40646600.3
2 (h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with companies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocation clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub-base or compaction required after the contractor's initial acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such other space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
248
16498.00372\40646600.3
3 (v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from the Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

4. COSTS Tenant shall promptly pay any and all costs and expenses in connection with or arising out of the performance of Tenant's Work (including the costs of permits therefore) and shall furnish to Landlord evidence of such payment upon request.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contractor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.
249
16498.00372\40646600.3
4 6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorney's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work. The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

8. PROPERTY MODIFICATIONS Work will only be approved within the confines of a given space Tenant will not be allowed to modify Property exterior or-mechanical and electrical service as provided to the Property in common with other tenants.

9. ELECTRICAL WORK All electrical work shall be approved from the unit space electrical panel only Additional service requirements shall be secured only by direction of Landlord Tenant shall use Landlord's original electrical contractor.

10. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

11. INSPECTION BY LANDLORD Landlord reserves the following rights (i) the right of inspection prior to, during and at completion of all construction and/or demolition, (ii) the right to post and record a notice of non-responsibility in conformity with California law, and (iii) the right to order a total stop to all improvements underway for non-compliance with any of the requirements hereof.

12. GENERAL PROVISIONS
250
16498.00372\40646600.3
5 (a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.
251
16498.00372\40646600.3
6 ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

6. Copy of Certificate of Insurance naming City of Fontana as Additional Insured; (Insurance to include Comprehensive General Liability, Comprehensive Auto, Workers' Compensation and Employer's Liability)

7. Signed Unconditional Lien Waiver in Favor of City of Fontana

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

252
16498.00372\40646600.3
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between CITY OF FONTANA, a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT, a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 8143 Banana Avenue, Fontana, California, 92335, located in the City of Fontana California (APN 0230-041-01) (the “Property”). The Property is improved with Fire Station No. 73 and other improvements. Tenant has occupied Property since at least July 1, 2015, without payment of rent.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 79,088 square feet, known as 8143 Banana Avenue, referred to herein as the "Premises" and shown on Exhibit A.

Rent. The annual rent as of the Commencement Date shall be $0.89 per square foot per month, or $70,388.32 per month, and $422,329.92 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each sixmonth period, with the first payment due on January 2, 2023, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand.
a. Back Rent. Tenant shall pay the back rent due for occupancy of the Property since July 1, 2015, in the total amount of $5,803,477.44 (“Back Rent”) to the Landlord. The terms of payment for Back Rent shall be subject to a separate agreement between the Parties, which shall be executed concurrently with this Lease.
b. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due 253
16498.00372\40646600.3
2 from Tenant is not received by Landlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
c. Interest on Unpaid Rent. Aside from Back Rent, Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid.
d. Annual Adjustment. Base Rent shall increase by 2% on July 1, 2023, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does 254
16498.00372\40646600.3
3 not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). 255
16498.00372\40646600.3
4 b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California 256
16498.00372\40646600.3
5 Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the 257
16498.00372\40646600.3
6 Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the 258
16498.00372\40646600.3
7 performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion 259
16498.00372\40646600.3
8 Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" 260
16498.00372\40646600.3
9 wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate 261
16498.00372\40646600.3
10 this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights 262
16498.00372\40646600.3
11 and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred 263
16498.00372\40646600.3
12 by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises 264
16498.00372\40646600.3
13 and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.
265
16498.00372\40646600.3
14 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation
By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana
By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _______________________________
266
16498.00372\40646600.3
1 EXHIBIT A

MAP OF PREMISES
267
16498.00372\40646600.3
1 EXHIBIT B

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place; (g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
268
16498.00372\40646600.3
2 (h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with companies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocation clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub-base or compaction required after the contractor's initial acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such other space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
269
16498.00372\40646600.3
3 (v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from the Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contractor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.
270
16498.00372\40646600.3
4 6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorney's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work. The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

10. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

12. GENERAL PROVISIONS
271
16498.00372\40646600.3
5 (a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.
272
16498.00372\40646600.3
6 ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

7. Signed Unconditional Lien Waiver in Favor of City of Fontana

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

273
16498.00372\40646600.3
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between CITY OF FONTANA, a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT, a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 11500 Live Oak Avenue, Fontana, California, 92335, located in the City of Fontana California (APN 0237-201-27) (the “Property”). The Property is improved with Fire Station No. 74 and other improvements. Tenant has occupied Property since at least July 1, 2015, without payment of rent.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 65,340 square feet, known as 11500 Live Oak Avenue, referred to herein as the "Premises" and shown on Exhibit A.

Rent. The annual rent as of the Commencement Date shall be $0.89 per square foot per month, or $58,152.60 per month, and $348,915.60 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each sixmonth period, with the first payment due on January 2, 2023, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand.
a. Back Rent. Tenant shall pay the back rent due for occupancy of the Property since July 1, 2015, in the total amount of $4,794,649.20 (“Back Rent”) to the Landlord. The terms of payment for Back Rent shall be subject to a separate agreement between the Parties, which shall be executed concurrently with this Lease.
b. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due 274
16498.00372\40646600.3
2 from Tenant is not received by Landlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
c. Interest on Unpaid Rent. Aside from Back Rent, Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid.
d. Annual Adjustment. Base Rent shall increase by 2% on July 1, 2023, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does 275
16498.00372\40646600.3
3 not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). 276
16498.00372\40646600.3
4 b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California 277
16498.00372\40646600.3
5 Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the 278
16498.00372\40646600.3
6 Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the 279
16498.00372\40646600.3
7 performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion 280
16498.00372\40646600.3
8 Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" 281
16498.00372\40646600.3
9 wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate 282
16498.00372\40646600.3
10 this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights 283
16498.00372\40646600.3
11 and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred 284
16498.00372\40646600.3
12 by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises 285
16498.00372\40646600.3
13 and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.
286
16498.00372\40646600.3
14 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation
By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana
By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _______________________________
287
16498.00372\40646600.3
1 EXHIBIT A

MAP OF PREMISES
288
16498.00372\40646600.3
1 EXHIBIT B

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place; (g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
289
16498.00372\40646600.3
2 (h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with companies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocation clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub-base or compaction required after the contractor's initial acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such other space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
290
16498.00372\40646600.3
3 (v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from the Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contractor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.
291
16498.00372\40646600.3
4 6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorney's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work. The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

10. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

12. GENERAL PROVISIONS
292
16498.00372\40646600.3
5 (a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.
293
16498.00372\40646600.3
6 ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

7. Signed Unconditional Lien Waiver in Favor of City of Fontana

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

294
16498.00372\40646600.3
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between CITY OF FONTANA, a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT, a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 17459 Slover Avenue, Fontana, California, 92335, located in the City of Fontana California (APN 0256-011-22) (the “Property”). The Property is improved with Fire Station No. 77 and other improvements. Tenant has occupied Property since at least July 1, 2015, without payment of rent.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 87,555 square feet, known as 17459 Slover Avenue, referred to herein as the "Premises" and shown on Exhibit A.

Rent. The annual rent as of the Commencement Date shall be $0.89 per square foot per month, or $77,923.95 per month, and $467,543.70 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each sixmonth period, with the first payment due on January 2, 2023, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand.
a. Back Rent. Tenant shall pay the back rent due for occupancy of the Property since July 1, 2015, in the total amount of $6,424,785.90 (“Back Rent”) to the Landlord. The terms of payment for Back Rent shall be subject to a separate agreement between the Parties, which shall be executed concurrently with this Lease.
b. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due 295
16498.00372\40646600.3
2 from Tenant is not received by Landlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
c. Interest on Unpaid Rent. Aside from Back Rent, Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid.
d. Annual Adjustment. Base Rent shall increase by 2% on July 1, 2023, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does 296
16498.00372\40646600.3
3 not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). 297
16498.00372\40646600.3
4 b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California 298
16498.00372\40646600.3
5 Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the 299
16498.00372\40646600.3
6 Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the 300
16498.00372\40646600.3
7 performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion 301
16498.00372\40646600.3
8 Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" 302
16498.00372\40646600.3
9 wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate 303
16498.00372\40646600.3
10 this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights 304
16498.00372\40646600.3
11 and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred 305
16498.00372\40646600.3
12 by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises 306
16498.00372\40646600.3
13 and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.
307
16498.00372\40646600.3
14 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation
By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana
By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _______________________________
308
16498.00372\40646600.3
1 EXHIBIT A

MAP OF PREMISES
309
16498.00372\40646600.3
1 EXHIBIT B

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place; (g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
310
16498.00372\40646600.3
2 (h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with companies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocation clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub-base or compaction required after the contractor's initial acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such other space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
311
16498.00372\40646600.3
3 (v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from the Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contractor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.
312
16498.00372\40646600.3
4 6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorney's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with Tenant’s Work. The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

10. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

12. GENERAL PROVISIONS
313
16498.00372\40646600.3
5 (a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.
314
16498.00372\40646600.3
6 ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

7. Signed Unconditional Lien Waiver in Favor of City of Fontana

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

315
16498.00372\40646600.3
1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the "Lease") is made and entered into by and between CITY OF FONTANA, a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT, a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 7110 Citrus Avenue, Fontana, California, 92335, located in the City of Fontana California (APN 0228-233-01) (the “Property”). The Property is improved with Fire Station No. 78 and other improvements. Tenant has occupied Property since at least July 1, 2015, without payment of rent.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 71,955 square feet, known as 7110 Citrus Avenue, referred to herein as the "Premises" and shown on Exhibit A.

Rent. The annual rent as of the Commencement Date shall be $0.89 per square foot per month, or $64,039.95 per month, and $384,239.70 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each sixmonth period, with the first payment due on January 2, 2023, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand.
a. Back Rent. Tenant shall pay the back rent due for occupancy of the Property since July 1, 2015, in the total amount of $5,280,057.90 (“Back Rent”) to the Landlord. The terms of payment for Back Rent shall be subject to a separate agreement between the Parties, which shall be executed concurrently with this Lease.
b. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due 316
16498.00372\40646600.3
2 from Tenant is not received by Landlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
c. Interest on Unpaid Rent. Aside from Back Rent, Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid.
d. Annual Adjustment. Base Rent shall increase by 2% on July 1, 2023, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does 317
16498.00372\40646600.3
3 not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). 318
16498.00372\40646600.3
4 b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California 319
16498.00372\40646600.3
5 Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the 320
16498.00372\40646600.3
6 Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the 321
16498.00372\40646600.3
7 performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured-Managers or Lessors of Premises Endorsement" and containing the "Amendment of the Pollution Exclusion 322
16498.00372\40646600.3
8 Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" 323
16498.00372\40646600.3
9 wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for the Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate 324
16498.00372\40646600.3
10 this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights 325
16498.00372\40646600.3
11 and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred 326
16498.00372\40646600.3
12 by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises 327
16498.00372\40646600.3
13 and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.
328
16498.00372\40646600.3
14 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation
By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana
By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _______________________________
329
16498.00372\40646600.3
1 EXHIBIT A

MAP OF PREMISES
330
16498.00372\40646600.3
1 EXHIBIT B

Fontana City CouncilDecember 13, 2022

Fontana City Council
December 13, 2022