Tuesday, February 28, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
JOINT WORKSHOP - 5:00 P.M.
CLOSED SESSION - 6:00 P.M.
REGULAR MEETING - 7:00 P.M.
Grover W. Taylor Council Chambers
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 February 28, 2023 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 Grover W. Taylor Council Chambers 8353 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 Grover W. Taylor Council Chambers 8353 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 Office 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 Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.
Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".
Para mayor informacion, favor de marcar el numero (909) 350-7602.
JOINT WORKSHOP:
A. 5:00 P.M. Joint City Council and Planning Commission Workshop A. (A) Leap Grant and SB 2 Presentation (Planning Director Patty Nevins to present);
(B) Public Communications;
(C) Agenda Review; and
(D) City Manager Comments
21-2030
PUBLIC COMMUNICATION - CLOSED SESSION:
This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. 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 - Closed Session
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
2 City Council Meeting Regular Agenda February 28, 2023 A. CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: John B. Starks, Jr. vs. City of Fontana, et al.
Case #: CIV SB 2124569
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Alonso Perez vs. City of Fontana
Claim # 3020536
CONFERENCE WITH LEGAL COUNSEL – Significant
Exposure to Litigation
Pursuant to Government Code sec. 54956.9(e)(5)
A copy of the documented threat is available in the City Clerk's Department
21-1995
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement
SPECIAL PRESENTATIONS:
A. Mayor Warren and City Council to recognize Senior Engineer Ricardo Garay, Senior Civil Engineer Kimberly Young,
Maintenance Worker II Mike Sanchez, Parks Technical Crew Chief David Kurowski, and Chief Equipment Mechanic Wes
Winters, as the 2023 Public Works and Engineer Department Employees of the Year. (Public Works Director / City Engineer Gia Kim to present).
21-2029
3 City Council Meeting Regular Agenda February 28, 2023 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 21-2001
February 14, 2023 City Council Minutes.pdfAttachments:
B. Prohousing Incentive Pilot Program Resolution Authorizing Submittal of Application and Other Grant Related Documents. 21-1996
PIP Application Resolution.docxAttachments:
C. Acceptance of Final Map for Parcel Map No. 20499 and Abandonment of a Certain Portion of Right of Way of Banana Avenue
21-2000
PM 20499.pdf
Vicinity Map.pdf
Abandonment Exhibit.pdf
Attachments:
D. 2023 Statement of Investment Policy 21-2009
2023 Investment PolicyAttachments:
E. Communications and Marketing Service Agreement 21-2012 Communications and Marketing _ Professional Services
Agreement (2019)-c1.pdf
Attachments:
4 City Council Meeting Regular Agenda February 28, 2023 F. Final Acceptance of the South Fontana Park and Santa Ana Landscape Median Projects
21-2018
G. Senior Transportation Vendor Selection 21-2021
Transportation Bid Summary.pdf
GoGo Technologies Agreement_Fontana.pdf
Attachments:
H. Purchase and Sale Agreement for 8470 Nuevo Avenue -
Downtown Fontana Property.
21-2026
Attachment No. 1 - Purchase and Sales AgreementAttachments:
I. Amend Administrative Policy 20-17, Employee Travel
Expenditures Policy to the City of Fontana ’s Administrative Policy and Procedures.
21-2036
Resolution
Travel Policy
Attachments:
Approve Consent Calendar Items as recommended by staff.
NEW BUSINESS:
5 City Council Meeting Regular Agenda February 28, 2023 A. Fiscal Year 2022-23 Midyear Budget Status Report 21-2028 FY22-23 Mid-Year Budget Status Report.pdf
1_CC Reso Mid Year FY 2022-23 Various Job Descriptions
Salary Tables.pdf
AV PRODUCTION SPECIALIST Job Description.pdf
AV Technician I and II Job Description.pdf
CC Reso Mid Year FY 2022-23 Various Job Descriptions Salary Tables.docx
CH Salary Salary Table 03.01.2023.pdf
ENGINEERING MANAGER Job Description.pdf
IT CUSTOMER SERVICE MANAGER Job Description.pdf
IT SENIOR BUSINESS ANALYST Job Description.pdf
MC Salary Table 03.01.2023.pdf
POLICE BACKGROUND INVESTIGATOR Job Description.pdf
POLICE OFFICER TRAINEE Job Description.pdf
POLICE OFFICER, INTERMEDIATE, ADVANCED Job
Description.pdf
POLICE SUPERVISING PROPERTY CONTROL CLERK Job
Description.pdf
PT Salary Table 03.01.2023.pdf
Sr. AV Technician Job Description.pdf
Attachments:
B. An ordinance of the City Council of the City of Fontana, California, amending Chapter 33, “Cannabis Businesses and Activities” and finding that the Ordinance is exempt from the California Environmental Quality Act.
21-2040
Ordinance - Amending Chapter 33 Cannabis Businesses and Activities
Attachments:
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on Tuesday, March 14, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
6 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2030 Agenda Date: 2/28/2023
Agenda #: A. Category: Workshop
Joint City Council and Planning Commission Workshop
Tuesday, February 28, 2022
5:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
Planning Commission
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7 File #: 21-2030 Agenda Date: 2/28/2023
Agenda #: A. Category: Workshop
Cathline Fort, Chair
Raj Sangha, Vice-Chair
Idilio Sanchez, Secretary
Ricardo Quintana, Commissioner
Ralph Thrasher, Commissioner
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8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1995 Agenda Date: 2/28/2023
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, February 28, 2023
6:00 P.M.
City Hall - Executive Conference Room
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 Printed on 2/23/2023Page 1 of 1
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2029 Agenda Date: 2/28/2023
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, February 28, 2022
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2001 Agenda Date: 2/28/2023
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the February 14, 2023, Regular City Council meeting.
COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
DISCUSSION:
The City Council will consider approval of the minutes of the February 14, 2023, City Council Meeting. The draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
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11 Tuesday, February 14, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
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
12 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
There were no public communications received for the following items:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of case: Samir Marroush v. David Michael Goodland, City of Fontana, et al.
Case #: CIVDS2011421
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Gov. Code Section 54956.9(d)(4))
Initiation of Litigation: One Potential Case
PUBLIC EMPLOYEE APPOINTMENT
(Gov. Code Section 54957(b)(1))
Title: Police Chief
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code section 54956.9(d)(1))
David Moore/Andrew Anderson, et al. v. City of Fontana, et al., San Bernardino County Superior Court
Case No. CIVDS 1610471
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, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 14, 2023.
Mayor Warren called the meeting to order at 7:06 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 Summit Water of Life Church Henry Allen, the pledge of allegiance was led by Council Member Sandoval.
13 City Council Meeting Minutes February 14, 2023
CLOSED SESSION ANNOUNCEMENT
City Attorney Duran reported that the Mayor and City Council met on the four items listed on the Closed Session agenda, provided direction to staff and took no reportable action.
SPECIAL PRESENTATIONS:
A. 21-1998
A. Mayor Warren and City Council to recognize outgoing Planning Commissioner Matthew Gordon and outgoing Parks, Community and Human Services Commissioner's Ricardo Quintana and Anahi Perez (Mayor Warren to present).
Mayor Warren and the City Council recognized and thanked outgoing Commissioners Gordon and Quintana for their years of service and commitment to the community.
Outgoing Commission Perez was not in attendance.
B. Mayor Warren and City Council to recognize Sergeant's Brandon Bowie and Kyle Guthrie; Corporal Tyler Burton; Officer's Andrew Davis, Nolan Falconieri, Adrian Garcia, Jose Morales, and Alex Yanez as the Fontana Police Department 2022 Employees of the Year (Captain Burton to present).
Mayor Warren and the City Council assisted Captain Burton in recognizing the 2022 Employees of the Year. Officer's Davis and Morales were not in attendance.
C. Mayor Warren to swear in Officers Nathaniel Beltran, Albert Charco Jr., Dominick Delgado-Oramas, Benjamin Eguabor, Cassandra Gonzalez, Gustavo Lazcano, Cipriano Lopez, Manuel Munoz, Kyrha Radford, and Brian Zozaya (Chief Green to present).
Mayor Warren administered the oath of office to the newly sworn in Officers.
D. Police Chief Green to present the Police Department 2022 Annual Report.
Chief Green provided the Mayor and City Council with the 2022 Annual Report presentation and answered questions of the Council.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individual spoke under public communications:
1. Kristine Scott, representative of SoCal Gas, provided a brief update on the gas increase for customers.
CONSENT CALENDAR:
14 City Council Meeting Minutes February 14, 2023
ACTION: Motion was moved by Council Member Cothran, seconded by Council Member Roberts, to approve Consent Calendar Items 'A-I'. The motion carried by a roll call vote of 5-0, with the exception of Consent Calendar Item 'H' with a roll call vote of 4-1 (Noes:
Sandoval). The motion carried as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
A. Approval of Minutes 21-1992
Approve the minutes of the January 24, 2023, Regular City Council Meeting B. Amend Administrative Policy 20-13, Public Records Policy to the City of Fontana’s Administrative Policy and Procedures. 21-1959
Adopt Resolution 2023-008 of the City of Fontana, amending Administrative Policy Section 20-13 (Public Records).
C. Award bid for Classification and Compensation Study Services (SP-04-HR-23) for Human Resources
21-1962
1. Award bid (SP-04-HR-23) and authorize the City Manager to execute a contract with Public Sector Personnel Consultants for the amount of not to exceed $250,000 for the Classification and Compensation Study.
2. Approve and authorize the City Manager to execute any future amendments to the contract.
D. Approve Replacement of Securities for Tract No. 20230 Located East of Palmetto Avenue and North of Merrill Avenue
21-1988
Approve replacement of securities for infrastructure improvements of Tract No. 20230 and authorize the City Manager to enter into a Subdivision Agreement with HMZ Holdings, LLC for construction of infrastructure improvements.
E. Final Acceptance of Sierra Avenue and Segovia Lane Offsite Improvements for Tract No. 18944 Located East of Sierra Avenue and North of Segovia Lane
21-1772
1. Accept as complete the Sierra Avenue and Segovia Lane offsite improvements for Tract No. 18944.
2. Adopt Resolution No. 2023-009 , accepting sewer in Sierra Avenue for Tract 18944 as part of the City sewer system.
F. Approve Replacement of Securities for Tract No. 16898 Located South of Merrill Avenue and East of Catawba Avenue
21-1989
Approve replacement of securities for infrastructure improvements of Tract No.16898 and authorize the City Manager to enter into a Subdivision Agreement with Citrus Merrill, LLC for construction of infrastructure improvements.
G. Conveyance Agreement - Homeless Prevention and Resource Center property (APNs: 0232-171-09, -12, -13, -14 and
0232-171-05, -06, -07, and -08); and make findings of exemption under the California Environmental Quality Act (CEQA).
21-2002
1. Approve the agreement by and between Calmat Co and the City of Fontana for the conveyance to the City of Fontana of approximately 3.6 acres of land located at the southwest corner of Tokay Avenue and Arrow Blvd.
15 City Council Meeting Minutes February 14, 2023
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
H. Agreement for Exchange of Real Property and Joint Escrow Instructions - NH Southridge LLC ; and make findings of exemption under the California Environmental Quality Act (CEQA).
21-1993
1. Approve an Agreement for Exchange of Real Property and Joint Escrow Instructions with NH Southridge LLC for Assessor Parcel Number 0237- 411-13 and find the approval is not a “project” requiring review under CEQA, or, in the alternative, is subject to the common-sense exemption from CEQA.
2. Authorize the City Manager to execute any documents necessary or appropriate to execute the Agreement for Exchange of Real Property and Joint Escrow Instructions; and,
3. Determine that the City Council’s actions are exempt from CEQA I. Award bid for Third Party Administrator for Workers’ Compensation Program
21-1999
1. Award bid (SP-90-HR-22) and authorize the City Manager to execute a contract with JT2 Integrated Resources for annual claim administration and medical review.
2. Approve and authorize the City Manager to execute any future amendments to the contract.
3. Adopt Resolution No. 2023-010, Awarding the Contract for Third Party Administrator Services.
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne thanked Police Chief Green for a great 2022 Annual Report presentation; recognized Deputy City Manager Burum for his work on the Homeless Prevention and Resource Center project; announced upcoming 2023 State of the City address; and announced upcoming community events.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
16 City Council Meeting Minutes February 14, 2023
City Treasurer Koehler-Brooks congratulated the newly sworn in officers and congratulated the 2022 Employees of the Year (Rapid Response Team).
City Clerk Key congratulated the newly sworn in officers; congratulated the 2022 Employees of the Year (Rapid Response Team); thanked Chief Green for the Annual Report presentation; announced recent attendance at community events; and wished everyone a Happy Valentine's Day.
Council Member Roberts announced the recent passing of former employee, Judy Mills and thanked Chief Green for the Annual Report presentation.
Council Member Sandoval thanked Chief Green for the Annual Report presentation and wished his wife, Mary, a Happy Valentine's Day.
Council Member Cothran congratulated the newly sworn in officers; announced upcoming Nascar race at the Fontana Speedway; encouraged residents to download the Fontana App; and wished everyone a Happy Valentine's Day.
Mayor Pro Tem Garcia made a comment on the recent hiring of 10 officers; congratulated the newly sworn in officers; thanked Fire Chief Birchfield for a recent meet and greet tour at Station 71; and discussed recent meeting with local restaurant owners and the impact illegal street vendors are having on our businesses.
Mayor Warren commented on local restaurant owners and the impact illegal street vendors are having on our businesses; recognized February as Black History Month; announced upcoming community events; wished everyone a Happy Valentine's Day; commented on recently attended community events; announced the recent appointment of resident Matt Slowick as a San Bernardino County Planning Commissioner; thanked Congressional 33rd District representative Pete Aguilar, Congresswoman Norma Torres, and Senator Alex Padilla for their efforts and partnership with Fontana; commented on upcoming events with the Mayor's Education Coalition: Makers, Movers, Healers and Helpers (MMHH); and announced the following individuals that the meeting will adjourn in their memory: Arielle Diamond Anderson, Alex Verner, and Brian Fraser, three students killed in the active shooting at Michigan State University, former Fontana City Council Member Bill Kragness, longtime resident Debra Gilbert.
ADJOURNMENT:
A. Adjournment
17 City Council Meeting Minutes February 14, 2023
Mayor Warren adjourned the meeting in memory of the following individuals: Arielle Diamond Anderson, Alex Verner, and Brian Fraser, three students killed in the active shooting at Michigan State University, former Fontana City Council Member Bill Kragness, longtime resident Debra Gilbert, and Master Developer of the Norton Airspace John Magness. Mayor and City Council stood in a moment of silence.
Mayor Warren adjourned the meeting at 8:17 p.m. to the upcoming 2023 State of the City Address on February 16, 2023, at 5:00 p.m. located at Water of Life Church at 7625 East Ave, Fontana, CA, and to the next Regular City Council Meeting on February 28, 2023, 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 ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL AT THE REGULAR MEETING OF FEBRUARY 28, 2023. _________________________________
Germaine Key
City Clerk
18 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1996 Agenda Date: 2/28/2023
Agenda #: B. Category: Consent Calendar
FROM:
Housing
SUBJECT:
Prohousing Incentive Pilot Program Resolution Authorizing Submittal of Application and Other Grant Related Documents..End
RECOMMENDATION:
1. Adopt Resolution No. 2023-011, a resolution of the City Council of the City of Fontana authorizing application for, and receipt of, up to $1,490,000 of Prohousing Incentive Pilot Program Funds.
2. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Prohousing Incentive Pilot Program application.
COUNCIL GOALS:
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.
DISCUSSION:
On December 15, 2022, the State Department of Housing and Community Development (HCD) announced that the City of Fontana was one of the seven cities statewide awarded the Prohousing Designation. This designation recognizes Fontana for its commitment to policies and practices in removing barriers to housing production. Concurrent with the designation announcement, HCD launched the new Prohousing Incentive Pilot (PIP) grant program. The grant program is open only to jurisdictions which hold the Prohousing Designation. According to the program guidelines, Fontana is eligible for up to $1,490,000 in funding and the application is due by March 15, 2023. The PIP program requires City Council authorization to submit the application and funds are awarded on a first-come first-serve basis. If Fontana is awarded, the funds will used for the development of housing and associated programs. As a result, Staff recommends the City Council Adopt Resolution No. 2023 -__, a resolution of the City Council of the City of Fontana Authorizing staff to submit an application for Prohousing Incentive Pilot (PIP) Award.
The Prohousing Incentive Pilot Program (PIP), is funded through Chapter 364, Statutes of 2017 (SB2, Atkins), which established the Building Homes and Jobs Trust Fund. Five percent of annual collections are deposited in a fund to be used for an incentive program. The PIP program awards funds based on jurisdiction size and Prohousing Designation Program score. The program awards City of Fontana Printed on 2/23/2023Page 1 of 2
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19 File #: 21-1996 Agenda Date: 2/28/2023
Agenda #: B. Category: Consent Calendar
funds based on the eligible applicant’s Prohousing Designation Program Score. This round of program funding provides awards for eligible applicants to use towards planning and implementation activities related to housing and community development.
FISCAL IMPACT:
If awarded by the state, and approved by the City Council, the City will receive up to $1,490,000 in grant funds and the applicable revenue and expenditure budgets will be included in the next quarterly budget report.
MOTION:
Approve staff recommendation.
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20
RESOLUTION NO. 2023-xxxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, Prohousing Incentive Pilot Program funds.
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and
WHEREAS, the City Council of The City of Fontana desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning a nd implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on December 15, 2022 in the amount of $25,705,545.65 for PIP;
Now, therefore, the City Council of The City of Fontana (“Applicant”) resolves as follows:
Section 1. The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,490,000;
Section 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Fontana authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $1,490,000.00 and any and all other documents required or deemed necessary or appropriate to evid ence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and Section 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the De partment after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and 21 Resolution No. 2023-xxxx
allowable expenditures in the manner presented and s pecifically identified in the approved Application.
APPROVED and ADOPTED 23rd day of February, 2023 by the City Council of The City of Fontana by the following vote count:
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 at a regular meeting on the 2nd day of February, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk of the City of Fontana
__________________________________
Mayor of the City of Fontana
ATTEST:
__________________________________
City Clerk
22 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2000 Agenda Date: 2/28/2023
Agenda #: C. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Acceptance of Final Map for Parcel Map No. 20499 and Abandonment of a Certain Portion of Right of Way of Banana Avenue
RECOMMENDATION:
Accept Parcel Map No. 20499 located at the southwest corner of Santa Ana Avenue and Banana Avenue; accept as public dedicated streets and easements; and authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Banana Avenue.
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 December 20th, 2022, the City of Fontana Planning Commission approved Tentative Parcel Map No. 20499 (TPM No. 21-023) and Design Review No. 21-041 to consolidate twelve parcels into one parcel of approximately 13.4 acres for the development of a new commerce building totaling approximately 341,838 square feet. The subdivider, QR Birtcher Banana Avenue Owner LLC, has complied with the Conditions of Approval and dedicated the required streets and easements as a part of the project. The Parcel Map has been reviewed by the City Engineer and found to be substantially correct.
As a part of this Parcel Map, portions of excess road right-of-way within the westerly four feet of Banana Avenue are no longer needed and will be abandoned. Pursuant to Section 66434(g) of the California Government Code and Section 66499.20.2 of the Subdivision Map Act, the City Clerk must certify the abandonment of those certain portions of street right-of-way. The filing of this Parcel Map shall constitute an abandonment of those portions of the easements granted to the City of Fontana for street and public utility purposes. In accordance with the Subdivision Map Act, the Parcel Map is now being brought to the City Council for final approval.
FISCAL IMPACT:
This action will only approve the Parcel Map for recordation and authorize permits for the construction of the development, therefore there is no fiscal impact to City resources at this time.
MOTION:
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23 File #: 21-2000 Agenda Date: 2/28/2023
Agenda #: C. Category: Consent Calendar
Approve staff recommendation.
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26 27
28 29
AREA BEING ABANDONED
(4 FEET WIDE)
ABANDONMENT EXHIBIT
30 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2009 Agenda Date: 2/28/2023
Agenda #: D. Category: Consent Calendar
FROM:
Management Services
SUBJECT:
2023 Statement of Investment Policy
RECOMMENDATION:
Adopt the City of Fontana Statement of Investment Policy for 2023.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction.
DISCUSSION:
The City of Fontana Statement of Investment Policy requires annual review and adoption by the City Council in January of each year. The Policy has been certified by the Association of Public Treasurers of the United States and Canada (APT US&C).
The Investment Review Committee, which includes the City Treasurer, Management Services Director/Deputy City Treasurer, Budget Manager and Accounting Manager, will continue to meet quarterly to discuss the status of current investments, strategies for future investments, and other matters deemed relevant.
The Policy currently lists the following Authorized Investment Officers:
Authorized Investment Officers:
City Manager
Chief Financial Officer/Deputy City Treasurer
Budget Manager
Accounting Manager
There are no material changes to the Policy for 2023.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 2/23/2023Page 1 of 1
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31 CITY OF FONTANA
STATEMENT OF
INVESTMENT POLICY
2023
Certified by the Association of Public Treasurers of the United States and Canada (APT US&C)
Prepared by the Finance Department Jessica Brown,
Chief Financial Officer/Deputy City Treasurer
Reviewed and Approved by
Janet Koehler-Brooks, City Treasurer
32 TABLE OF CONTENTS
Page
I. OVERVIEW 1
Introduction
Scope
Objectives
Significant Changes
II. INVESTMENT AUTHORITY AND RESPONSIBILITIES 3
Authorized Investment Officers
Investment Review Committee
Investment Procedures
Internal Control
Conflicts of Interest
III. ELIGIBLE FINANCIAL INSTITUTIONS 5
Selection of Eligible Financial Institutions
Safekeeping and Custody
IV. AUTHORIZED INVESTMENTS 7
Investment Types
Due Diligence Requirement
Prohibited Investments
Derivative Investments
Legislative Changes
V. INVESTMENT MATURITIES 14
VI. CASH MANAGEMENT 15
VII. EVALUATION OF INVESTMENT PERFORMANCE 16
Benchmark Comparison
VIII. INVESTMENT REPORTING 17
IX. INVESTMENT POLICY REVIEW AND ADOPTION 18
X. GLOSSARY 19
33 City of Fontana
Statement of Investment Policy
1 I. OVERVIEW
INTRODUCTION
The purpose of this document is to provide guidelines for the prudent investment of the unexpended cash in the City’s treasury and outline policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.
SCOPE
Included in the scope of the City's investment policy are the following major guidelines and practices which are to be used in achieving the City's primary investment objectives:
❖ Investment Authority and Responsibilities
❖ Eligible Financial Institutions
❖ Authorized Investments
❖ Investment Maturities
❖ Cash Management
❖ Evaluation of Investment Performance
❖ Investment Reporting
❖ Investment Policy Review and Adoption
It is intended that this policy cover all funds and investment activities under the direct authority of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include the general fund, special revenue funds, debt service funds, capital project funds, enterprise funds, internal service funds and agency funds.
Funds excluded from this policy include proceeds of debt issuance, retirement/pension funds and deferred compensation funds, and pension or other post-employment benefit funds held in a trust.
OBJECTIVES
The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain t he highest yield obtainable as long as investments meet the criteria established for safety and liquidity. 34 City of Fontana
Statement of Investment Policy
10 Criteria for selecting investments in the order of priority are:
1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City shall invest in a manner that seeks to avoid capital losses resulting from institution default or the erosion of market value.
2. Liquidity. This refers to the ability to convert an investment into cash with a minimal risk of losing some portion of principal or interest. Liquidity is an important investment quality, especially when the need for unexpected funds occurs occasionally.
3. Yield. Yield is the potential dollar earnings an investment can provide and becomes a consideration only after the basic requirements of safety and liquidity have been met.
Portfolio diversification in terms of maturity, instrument types and issuer help to reduce the overall risk while obtaining an average market rate of return. Therefore, the portfolio should consist of a mix of various types of securities, issuers and maturities. Occasional measured losses are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.
The City operates its pooled cash investments under the "Prudent Person Rule" which obligates a fiduciary to ensure that:
"... investment shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived."
All participants in the investment process shall act as custodians of the public trust.
Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. 35 City of Fontana
Statement of Investment Policy
3 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES
AUTHORIZED INVESTMENT OFFICERS
Cash management and investment transactions are the responsibility of the Chief Financial Officer or designee. The City Council has authorized the following officials to undertake investment transactions on behalf of the City:
City Manager
Chief Financial Officer/Deputy City Treasurer
Budget Manager
Accounting Manager
Daily portfolio management responsibilities have been delegated to the Chief Financial Officer/Deputy City Treasurer.
The City may retain the services of an outside investment advisor or manager as approved by the City Council to assist with the City’s investment program who shall make all investment decisions and transactions in strict accordance with State Law, this Policy and such other written instructions as are provided.
INVESTMENT REVIEW COMMITTEE
At least quarterly, the Investment Review Committee, consisting of the City Treasurer, Chief Financial Officer/Deputy City Treasurer, Budget Manager and Accounting Manager, shall meet to discuss the status of current investments, strategies for future investments, and other matters deemed relevant, and shall report to the City Council as necessary.
INVESTMENT PROCEDURES
The Chief Financial Officer/Deputy City Treasurer has established investment procedures which:
❖ Adhere to the Statement of Investment Policy
❖ Prioritize safety and liquidity
❖ Determine risk and optimizes return
❖ Provide for a system of due diligence in making investment decisions.
In order to accomplish these goals, a “Model” investment portfolio has been designed to provide the strategic framework for supervising and reporting on the investment portfolio. 36 City of Fontana
Statement of Investment Policy
4 This model was developed according to the policy’s maturity guidelines and is used to facilitate decisions regarding security transactions. Each security selection shall be designed to move the actual portfolio toward the model portfolio without taking an y immediate losses.
No person shall engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Chief Financial Officer/Deputy City Treasurer.
INTERNAL CONTROL
The Finance Department is responsible for ensuring compliance with the City's investment policy as well as for establishing systems of internal control designed to prevent loss due to fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by city officers and employees. Timely bank reconciliations are conducted to ensure proper handling of all transactions.
An independent analysis by an external auditor shall be conducted annually to review internal control and compliance with policies and procedures.
CONFLICTS OF INTEREST
The City adopts the following policy concerning conflicts of interest:
1. Officers and employees involved in the investment process shall not conduct personal business activity that could conflict with proper execution of the investment program , or which could impair their ability to make impartial investment decisions.
2. Officers and employees involved in the investment process shall disclose to the City Clerk a ny material financial interests in financial institutions that conduct business with the City of Fontana , and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio.
37 City of Fontana
Statement of Investment Policy
5 III. ELIGIBLE FINANCIAL INSTITUTIONS
SELECTION OF ELIGIBLE FINANCIAL INSTITUTIONS
In selecting financial institutions for deposit or investment of funds, the Finance Department shall consider the creditworthiness of the institution.
1. Deposits. The City will only deposit funds with an institution that has a rating of at least "A" as assigned by an established rating service based on quarterly financial information provided by the Federal Reserve Board and the Federal Home Loan Bank Board (i.e., The Financial Directory). Ratings will be monitored on a quarterly basis and any downgrade in rating below "A" will be reported to the Investment Review Committee together with a recommendation for possible action.
2. Brokers/Dealers. Investments must be purchased directly from the issuer, from an institution licensed by the state as a broker-dealer, from a member of a federally regulated securities exchange, or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
All financial institutions which desire to do business with the City must supply the Finance Department with the following:
❖ Completed broker/ dealer questionnaire including certification that the financial institution has reviewed the City’s Statement of Investment Policy and applicable California Government Code sections and that it will exercise due diligence in informing the City of all foreseeable risks associated with financial transactions conducted with the firm.
❖ Certified financial statements.
❖ Resumé of the primary representative who will be dealing with the City.
The Deputy City Treasurer shall review the information submitted and designate the institution as either eligible or ineligible for City investment transactions. The City will only do business with those institutions designated as “eligible”; however, an “eligible” designation does not guarantee that the City will do business with that institution.
A current audited financial report prepared by an independent certified public accountant shall be submitted to the City annually within six months after the end of the institution’s fiscal year in order for the institution to remain on the “eligible” list. Within the context of the City’s policies regarding portfolio limitations, investment transactions shall be distributed as evenly as possible between financial institutions.
If the City has an investment advisor, the investment advisor may use its own list of 38 City of Fontana
Statement of Investment Policy
6 authorized broker/dealers to conduct transactions on behalf of the City. The advisor shall make available its list of authorized broker/dealers to City staff upon request.
SAFEKEEPING AND CUSTODY
The City shall enter into an agreement with a bank trust department to serve as the safekeeping agent for all direct investments. The safekeeping agent shall hold all investments in an account for the sole benefit of the City.
All security transactions, including collateral requirements, shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third-party custodian and evidenced by safekeeping receipts.
39 City of Fontana
Statement of Investment Policy
7 IV. AUTHORIZED INVESTMENTS
INVESTMENT TYPES
Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five years (measured by settlement date) unless the City Council has granted express authority, no less than three (3) months prior to the investment, for a specific investment to exceed such limit.
It should be noted that while the Government Code specifies the maximum percentage of the portfolio which may be held in each type of investment at any one time, fluctuations in the portfolio balance will prevent strict adherence to such restrictions. Therefore, percentage limitations shall apply to investments at the time of purchase. The City will diversify its investments by security type and institution.
Within the context of the State limitations, the following investments are authorized:
1. State Treasurer's Local Agency Investment Fund (LAIF)
Government Code Section 16429.1: Pursuant to LAIF policy, local government agencies are authorized to invest in this program administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in order to earn the maximum rate of return consistent with safe and prudent treasury management. A thorough investigation of the pool is required on a continual basis. (See Due Diligence Requirement on page 12.)
2. U.S. Treasury Obligations
Government Code Sections 53601(b) : U.S. Treasury No tes or other indebtedness secured by the full faith and credit of the federal government.
3. U.S. Government Securities
Government Code Sections 53601(f) : Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies of the United States government -sponsored enterprises.
40 City of Fontana
Statement of Investment Policy
8 4. California State, California State, California Local Government Agencies, and other United States State Bonds
Government Code Sections 53601(c) through (e) : Twenty percent (20%) of the City’s portfolio may be invested in this category having at the time of investment a minimum “AA” or its rating equivalent or better by an NRSRO. This category includes:
❖ Registered state warrants or treasury notes or bonds of the State of California, including bonds payable solely out of the rev enues from a revenue-producing property owned, controlled or operated by the state or by a department, board, agency, or authority of the state.
❖ Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds pa yable solely out of the revenues from a revenue -producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
❖ Bonds, notes, warrants, or other evidence of indebtedness of a local agency within the State of California, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
5. Bankers Acceptances
Government Code Section 53601(g) : Forty percent (40%) of the City's portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System, although no more than 30% of the portfolio may be invested in Bankers Acceptances with any one commercial bank.
Additionally, the maturity period cannot exceed 180 days.
6. Commercial Paper
Government Code Section 53601(h) : Twenty-five percent (25%) of the City's portfolio may be invested in "Prime" commercial paper as rated by a nationally recognized statistical-rating organization (NRSRO). Issuing corporations must be organized and operating in the United States, have $500 million total assets, and have at least an "A" rating by an NRSRO on debt other than commercial paper.
No more than 10% of the portfolio may be invested in the commercial paper and 41 City of Fontana
Statement of Investment Policy
9 medium-term notes of any single issuer. The maturity period cannot exceed 270 days.
7. Negotiable Certificates of Deposit
Government Code Section 53601(i) : Thirty percent (30%) of the City's portfolio may be invested in Negotiable Certificates of Deposit issued by a nationally or state-chartered bank or a state or federal association or by a state -licensed branch of a foreign bank. These securities shall be rated in a ratings category of “A” or its equivalent or better by an NRSRO.
8. Medium-Term Notes
Government Code Section 53601(k) : Defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less (measured by settlement date), issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision must be rated in a rating category of "A" or its equivalent or better by an NRSRO. No more than 10% of the portfolio may be invested in the commercial paper and medium-term notes of any single issuer. Up to 30% of the City's portfolio may be so invested.
9. Mortgage or Asset-Backed Securities (ABS)
Government Code Section 53601(o) : Up to twenty percent (20%) of the City's portfolio may be invested in mortgage pass -through securities, collateralized mortgage obligations, mortgage-backed or other pay -through bonds, equipment lease-backed certificates, consumer receivable passthrough certificates, or consumer receivable-backed bonds. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less measured on a weighted average life (WAL) basis.
10. Supranational Obligations
Government Code Section 53601(q) : Defined as United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. These 42 City of Fontana
Statement of Investment Policy
10 securities shall be rated in a ratings category of “AA” or its equivalent or better by an NRSRO. Purchases of supranationals shall not exceed 30 percent (30%) of the City’s portfolio nor exceed a five-year term.
11. Certificates of Deposit
Government Code Section 53635 : There is no limit as to the amount of the investment portfolio that may be deposited in certificates of deposit.
California law requires that public funds be collateralized. The depository must secure its public fund accounts by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. If a depository uses mortgage- backed securities (i.e., promissory notes secured by first mortgages or first deeds of trust) as collateral for public deposits, the market value of the mortgage- backed securities must be at least one hundred fifty percent (150%) of the value of the public fund accounts.
The collateralization requirement may be waived to the extent that funds are federally insured (currently up to $100,000 per institutio n). For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis.
It is the current practice of the City of Fontana to invest in the following types of securities. In order to avoid the risks associated with investing in unfamiliar instruments, any new type of security allowed by the State of California but not listed below must be approved by the Investment Review Committee prior to the investment of City funds.
The portfolio can invest in 144A-registered securities. 43 City of Fontana
Statement of Investment Policy
11 Investment Type
Maximum
Maturity
Maximum
% of
Portfolio
Minimum
Quality
Requirements
Government
Code Section
State Treasurer’s Local
Agency Investment
Fund (LAIF)
5 years
LAIF
maximum
per account
N/A
16429.1
U.S. Government
Securities 5 years None None 53601(b)
53601(f)
California State,
California Local
Government Agencies,
and other United
States State Bonds
5 years
20%
“AA” rating
category or its
equivalent or
better
53601(c)
53601(d)
53601(e)
Bankers Acceptances 180 days 40% None 53601(g)
Commercial Paper
270 days
25%
(10% with one
issuer)*
A-1 or higher
53601(h)
Negotiable Certificates
of Deposit 5 years 30% None 53601(i)
Medium-Term Notes
5 years
30% (10%
with one
issuer)*
“A” rating
category or its
equivalent or
better
53601(k)
Pass-Through
Securities
5 years
20%
“AA” rating
category or its
equivalent or
better
53601(o)
Supranational
Obligations
5 years
30%
“AA” rating
category or its
equivalent or
better
53601(q)
Certificates of Deposit 5 years None None 53635
*Commercial paper and medium-term notes are combined to determine the 10% limit per issuer.
44 City of Fontana
Statement of Investment Policy
12 DUE DILIGENCE REQUIREMENT
As stated, the Chief Financial Officer/Deputy City Treasurer shall make a thorough investigation of an investment pool or mutual fund prior to investing funds and on a continual basis. At a minimum, the following information shall be on file for each pool and/or mutual fund:
1. A description of eligible investment securities, and a written statement of investment policy and objectives.
2. A description of interest calculations, how interest is distributed, and how gains and losses are treated.
3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
4. A description of who may invest in the program, how often, and the size of deposits and withdrawals.
5. A schedule for receiving statements and portfolio listings.
6. Whether reserves, retained earnings, etc. are utilized by the pool/fund.
7. A fee schedule, and when and how fees are assessed.
8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds.
PROHIBITED INVESTMENTS
In compliance with Government Code Section 53631.5, the City of Fontana shall not invest in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Additionally, the City shall not invest in any security that could result in zero interest accrual if held to maturity.
The City does not participate in any form of portfolio leverage, including but not limited to securities lending programs, reverse repurchase agreements and margin accounts.
DERIVATIVE INVESTMENTS
Derivatives are investments whose value is “derived” from or based upon the value of other assets or on the level of an interest rate index. The City of Fontana does not invest in derivative products.
45 City of Fontana
Statement of Investment Policy
13 LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of Fontana Statement of Investment Policy and supersede any and all previous applicable language.
If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Review Committee, until the maturity date to avoid an unnecessary loss. 46 City of Fontana
Statement of Investment Policy
14 V. INVESTMENT MATURITIES
In order to minimize the impact of market risk, it is intended that all investments will be held to maturity. In order to implement this policy, the following guidelines will be used:
1. Liquidity. Approximately ten percent (10%) of the portfolio shall be held in short- term investments (less than twelve months) as insufficient liquidity could cause the premature sale of a security at a price below the original investment cost.
2. Weighted Average Life. The weighted average life (WAL)of the portfolio should not exceed two and one-half years.
3. Duration. The target duration of the portfolio shall be two years.
4. Diversification of Maturities . Projected cash flow requirements are the primary factor to be used in determining investment maturity terms. After cash flow needs have been met, yield considerations will be the next factor used in determining maturity terms, with the expectation that longer maturity periods will generally yield greater returns. However, the City will diversify its investments by maturity in order to avoid over concentration (in excess of 25%) in a specific maturity sector.
5. Sale of Securities . Investments may be sold prior to maturity for cash flow or appreciation purposes. However, no investment shall be made based solely on earnings anticipated from capital gains.
6. Maximum Maturity . As previously stated, the maximum maturity term of any investment shall not exceed five (5) years (measured by s ettlement date) unless prior express authority from Council has been granted.
47 City of Fontana
Statement of Investment Policy
15 VI. CASH MANAGEMENT
In order to obtain a reasonable return on public funds, the following cash management practices will be followed:
1. Maintain maximum investment of al l City funds not required to meet immediate cash flow needs.
2. Pool cash from all City administered funds for investment purposes with interest earnings allocated monthly based on the average cash balance of each fund at month end as a percentage of the entire pooled portfolio.
3. Maximize the City's cash flow through immediate deposit of all cash receipts, use of direct deposit when available, and appropriate timing of payment to vendors.
4. Maximize cash flow information available through the use of only on e operating bank account.
48 City of Fontana
Statement of Investment Policy
16 VII. EVALUATION OF INVESTMENT PERFORMANCE
The investment portfolio shall be managed using a passive style; market timing shall be ignored, and the focus instead shall be on obtaining a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. Investments shall be managed at the portfolio level, not at the level of the individual securities.
BENCHMARK COMPARISON
The inve stment portfolio shall be structured to optimize the return given the risk constraints and cash flow needs.
Investment performance shall be continually monitored and evaluated by the Investment Review Committee. Investment performance statistics and activity reports shall be generated on a monthly basis for presentation to the City Council.
For reporting purposes, the portfolio’s monthly rate of return shall be compared to the BBG Barc Treasury 1-3 Yr Index.
49 City of Fontana
Statement of Investment Policy
17 VIII. INVESTMENT REPORTING
The Finance Department shall prepare and submit a monthly investment report to the City Council.
The Monthly Investment Report shall be issued and available within 30 days after the end of the monthly reporting period, or as soon as the information is available.
50 City of Fontana
Statement of Investment Policy
18 IX. INVESTMENT POLICY REVIEW AND ADOPTION
The Statement of Investment Policy shall be submitted annually to the City Council for adoption in January. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council.
51 City of Fontana
Statement of Investment Policy
19 X. GLOSSARY
AGENCIES: Federal agency securities.
BANKERS' ACCEPTANCE (BA): Time draft for which a bank has committed to making the payment to the holder at maturity.
BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides.
COLLATERAL: Securities pledged by a bank to secure deposits of public monies.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the city.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable.
COMMERCIAL PAPER (CP): Short-term, negotiable, unsecured promissory notes.
COUPON: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.
DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with an exchange of money for the securities.
DERIVATIVE PRODUCTS: Financial instruments whose own value is "derived" from or based upon the value of other assets or on the level of an interest rate index. These instruments often have complex structures with option-like features.
DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value.
DISCOUNT SECURITIES : Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.
DURATION: A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates.
52 City of Fontana
Statement of Investment Policy
20 FEDERAL AGENCY SECURITIES (AGENCIES): Discount and coupon obligations of the federal agencies established by Congress to provide credit to specific sectors of the economy.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits currently up to $100,000 per deposit.
FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): A federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). FNMA securities are highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA): Securities are backed by FHA, VA or FMHM mortgages. Security holder is protected by full faith and credit of the U.S. Government.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.
LOCAL AGENCY INVESTMENT FUND (LAIF): Investment program administered by the California State Treasurer where monies invested are pooled with State monies to earn the maximum rate of return consistent with safe and prudent treasury management.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer to liquidate the underlying securities in the event of default by the seller.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MEDIUM-TERM NOTES: all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United St ates or by depository institutions licensed by the United States or any state and operating within the United States. 53 City of Fontana
Statement of Investment Policy
21 MONEY MARKET: The market in which short -term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.
MONEY MARKET MUTUAL FUND: A type of fixed income mutual fund that invests in debt securities characterized by their short maturities and minimal credit risk.
MORTGAGE PASS -THROUGH SECURITIES: A security created when one or more mortgage holders form a pool of mortgages and sells shares or participation certificates in the pool. The cash flow from the collateral pool is “passed through” to the security holder as monthly payments of principal, interest and prepayments.
MUTUAL FUNDS: Open-end professionally managed investment fund that pools money from many investors to purchase securities.
NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs with a minimum face value of $100,000 that can be traded in a highly-liquid secondary market.
NRSRO: Nationally Recognized Statistical Rating Organization, a credit rating agency approved by the U.S. Securities and Exchange Commission (SEC) to provide information that financial firms must rely on for regulatory purposes. The top firms including Moody’s Investor Services, Standard and Poor’s and Fitch Group.
PORTFOLIO: Collection of securities held by an investor.
PRUDENT PERSON RULE: An investment standard.
PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange commission (SEC) registered securities broker - dealers, banks, and a few unregulated firms.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.
REPURCHASE AGREEMENT (REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.
54 City of Fontana
Statement of Investment Policy
22 SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.
SECURITIES AND EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SUPRANATIONAL OBLIGATIONS: United States dollar denominated s enior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank, and eligible for purchase and sale within the United States.
TREASURY BILLS: A non -interest bearing discount security issued by the U.S.
Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years.
TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.
YIELD: The rate of annual income return on an investment expressed as a percentage. Income Yield is obtained by dividing the current dollar income by the current market price for the security. Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
55 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2012 Agenda Date: 2/28/2023
Agenda #: E. Category: Consent Calendar
FROM:
City Manager's Office
SUBJECT:
Communications and Marketing Service Agreement
RECOMMENDATION:
Approve and authorize the City Manager to execute a contractual services agreement between the City of Fontana and 20/20 Network in an amount not to exceed $716,000 over 2.5 years to provide communications and marketing services and support.
COUNCIL GOALS:
· Increase citizen involvement by seeking community input. · Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by utilizing technology to promote communication and linkages in the community.
DISCUSSION:
In October 2022, the City commissioned a communications and marketing assessment to examine the City’s communications policies, procedures, programs, and activities in an effort to determine opportunities for enhancement.
The assessment yielded several areas of improvement. However, the existing city staff does not possess the bandwidth to execute all of the recommendations with the current available resources.
Staff was directed to conduct an RFP to solicit communications and marketing services from an established, quality communications firm with demonstrable skills, expertise, and experience in strategy development, social media marketing, content development, video production, graphic design, collateral development, photography, journalistic writing, newsletters, and policy development.
There were six responders to the RFP: 20/20 Network, Degrave Communications, McCue Public Relations, Mind and Mill, Promeli Media and Trepepi- Smith Relations.
Based on their extensive communications expertise and business knowledge of both Fontana and the Inland Empire staff recommends 20/20 Network for the contract award.
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56 File #: 21-2012 Agenda Date: 2/28/2023
Agenda #: E. Category: Consent Calendar
The contract period will be as follows FY 22-23 $76,000, FY 23-24 $320,000, and FY 24-25 320,000, commencing from the date the contract is approved by the Fontana City Council and concluding on June 30, 2025.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $716,000 for the full term of the contract.
The impact for the current fiscal year is $76,000 and is not included in the remaining 2022-23 budget and will be submitted in the next quarterly budget report and will be funded by the General Fund. All future costs will be included in subsequent fiscal year budgets.
MOTION:
Approve staff recommendation
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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 14, 2023 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and 20/20 Networ k, a Limited Liability Co rporation, P artnership with its principal place of business at 2209 East Baseline Road Ste 300-2 86, Claremont, CA 91711 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the S tate of C alifornia and i s in need of pr ofessional services for the following project:
Com
prehensive Communication and M arketing Services
___________________________________________________________________________ (hereinafter referred to as “the Project”).
B. C
onsultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. S ervices .
Consultant shall provide the City with the services described in the Scope of Services herein:
Task 1: Strategy Development. The City is seeking a firm to develop a comprehensive communications strategy that will serve as the Marketing and Communications Office’s guiding light. Key components should include the development, testing and execution of a broad -based branding campaign, local and regional outreach strategies, targeted communication efforts for the residential, commercial, and industrial sectors, and customized outreach strategies for targeted communities.
It is expected that the firm will use a holistic outreach approach that leverages a combination of communication channels to maximize message penetration. There should be a strong public messaging component aimed at getting residents to engage with community initiatives and/or programs.
The communication strategy should contemplate, the following elements and make recommendations as appropriate.
• Earned Medi
a
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• Paid Media: The strategy for paid media should seek to make use of the lowest cost, highest impact strategies. All potential channels (print, outdoor, radio) should be evaluated prior to determining tactics and measured to determine efficacy (measured in impressions for media, cost per acquisition for marketing channels, or some other efficacy proxy). • Direct Outreach: Direct presentations to and m eetings with key stakeholders in the target market, such as building owner associations, community groups, associations, residents, and schools, etc.
Task 2: Social Media Marketing and Management. The City of Fontana employs the following social media channels: Instagram, Facebook, Twitter, LinkedIn, YouTube and Next - door. The successful proposer will be responsible for planning, creation and scheduling social media content (including lives, reels, shorts, and stories). Consultants will also track performance, follower sentiment and other relevant key performance indicators.
Task 3: Video Development. On an annual basis, the City produces several videos highlighting existing programs, and in support of larger initiatives and events.
The general approach to video production is as follows: (subject to change based on project)
• Strategy is established
• Script drafted and participants identified
• The Consultant then provides all equipment necessary for video production • The Consultant conducts the filming
• The Consultant provides all post-production work
• City reviews all videos and provides edits to the Consultants • The Consultant provides a final video
Consultants are asked to assume that they will produce a total of 24 videos of an average duration of two to five minutes for a variety of online channels. This will include the use of drone footage.
Task 4: Design & Layout Services. The City typically produces five to six documents each year which will require some level of graphic and design support. These documents are typically 1 to 4 pages long, except for the annual report – 40 pages.
The document development process is as follows:
• City prepares the text and images for inclusion in the document • The Consultant then prepares a Draft document for Staff review. • Most documents are formatted in InDesign for consistency purposes • City then reviews the draft document and provides comments to the Consultant • The Consultant provides a final document for use
Consultant are asked to assume that they would provide design and layout services for ten documents with an average length of five pages.
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Task 5: Photography. The City periodically requires professional photography services.
Typical requests include project, program, and event photography.
The typical process for photography services is as follows:
• The City would identify the need and coordinate with Staff or event attendees as appropriate
• The Consultant would be required to provide all necessary equipment • The Consultant would provide all photos to City for review • The Consultant would perform any photo editing services • Once edited, the Consultant would provide the photos to City for use Consultants are asked to assume that they would provide ten photography sessions with each session lasting approximately two hours.
(Optional) Task 6: Podcast Recording and Post -Production. The City would like to produce a podcast series. It is anticipated that each podcast would be approximately 20 to 30 minutes long. Strategy and implementation to be later developed.
Task 7: Asset collateral refresh Initiative. The purpose of this initiative is to assist the City with updating its materials, str eamline existing branding elements and develop greater brand recall and retention with residents, businesses and stakeholders. The chosen Consultant shall work with City staff to ensure new branding elements align with the City’s goals and objectives as directed by Council.
The Consultant must be able to assist with the development of materials that can be easily and effectively utilized across multiple graphic identity applications and communicative mediums to include, but not limited to creative assets s uch as: print material, signage, social media marketing materials and websites, etc.
It should also be noted, that the City is in the process of undergoing a website update and refresh.
The goals and objectives of this effort are listed below:
• Uniformity – Development of creative assets (i.e. style guide, templates, graphics etc.) that can be used for various internal and external purposes and create brand consistency and continuity within the City
• Identity – Assist with consultation around crea tive brand identity that will assist the City with defined messaging
• Flexibility – The new branding elements must be flexible and adaptable to meet the needs of a variety of departments and functions within the City Task 8: Graphic Design. Periodi cally, the City requires the preparation of stand -alone graphics in support of our various programmatic efforts. Example graphics might include maps, logos, icons, infographics, and other similar items.
Consultants are asked to assume that they would c reate up to 10 standalone graphics per year.
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Please note that this task is separate from the Graphic and Print Design task, which is focused on the preparation of documents and reports.
Task 9: Consultation. Periodically, the City requires general advice related to communications and creative services. This need might arise out of a generalized communication need rather than a specific product. In those instances, the City would desire the Consultant to be available to meet with City staff, and other City consultants to discuss these more generalized needs.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services as billed and outlined below:
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract.
• FY 22-23: $ 76,000
• FY 23-24: $ 320,000
• FY 24-25: $ 320,000
• Total: $ 716,000
Phase One:
• Task 1: $40,000
• Task 2: $7,150 per month
*Phase Two and Phase Three task billing to be determined bas ed on p hase one strategy development outcomes and recommendations.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the total sum of $716,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City , and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
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Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. T he term of this Agreement shall be from March 14, 2023, to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
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Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Co mmercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
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(v) The policy shall give City, its officia ls, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the C ity and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as 64 8
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designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 - S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 65 9
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insurance, self -insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) A ll required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. I ndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City ’s choosing), indemnify and hold the City , its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code secti on 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, 67 11
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which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. I f the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be register ed with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City . Consultant shall defend, indemnify and hold the City , its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub - subconsultants to comply with the same.
15. City Material Requirements.
Consultant is hereby made aware of the City ’s requirements regarding materials, as set forth in any graphics, videos, documents or other creative assets which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17 Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If s aid termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City o nly in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. O rganization
Consultant shall assign Steve Lamber t as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Monique Carter, Communi cation and
Marketing Manager, City Manager’s Office
CONSULTANT:
20/20 Network
Attention: Steve Lambert
2209 East Baseline
Ste 300-286
Claremont, CA 91711]
and shall be effective upon receipt thereof.
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. A ny attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
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30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
When funding for the s ervices is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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16498.00150\32126437.1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
20/20 Network
By:
[ Steve Lambert, 20/20 Network]
[ Partner]
Attest:
By:
Germaine McClellan Key
City Clerk
By:
[ Zeb Welborn, Welborn Media]
[President and Owner
Approved as to form:
Best Best & Krieger LLP
City Attorney
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
___________________________________
Chief Financial Officer
Purchasing Office
72 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2018 Agenda Date: 2/28/2023
Agenda #: F. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Final Acceptance of the South Fontana Park and Santa Ana Landscape Median Projects RECOMMENDATION:
Accept as complete the work performed by Bogh Engineering for the construction of South Fontana Park and Santa Ana Landscape Median Projects and approve the final construction amount of $11,810,454.82 (SB-18-DE-22).
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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
On November 9, 2021, the City Council authorized the award of a construction contract to Bogh Engineering in the amount of $11,239,000 with a 10% contingency in the amount of $1,123,900 for a total contract authorization of $12,362,900 for the South Fontana Park Project that included the Santa Ana Avenue Landscape Median Improvement Project. On February 21, 2023 the City conducted the final acceptance inspection and determined that the park was ready for acceptance.
The project was successfully completed for the final construction contract amount of $11,808,890.28, an increase of 5.07% from the original contract amount of $11,239,000.00 and $554,009.72 under the total authorization amount of $12,362,900. All work has been completed to the satisfaction of the City.
FISCAL IMPACT:
Funds for this project have been budgeted in the current FY2022-2023 Capital Improvement Program. Capital Improvement Fund (Fund 602), CFD #86 Fund (Fund 664), CFD #88 Fund (Fund 666), CFD #89 Fund (Fund 667), and CFD #90 Fund (Fund 668) were budgeted for the South Fontana Park (PN 4250).
Additionally, Measure I Local Funds (Fund 246) were budgeted for the Santa Ana Avenue Landscape Median Project (PN 0017).
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Agenda #: F. Category: Consent Calendar
MOTION:
Approve Staff Recommendation.
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74 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2021 Agenda Date: 2/28/2023
Agenda #: G. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Senior Transportation Vendor Selection
RECOMMENDATION:
1. Award bid to GoGo Technologies, Inc. and Lyft, Inc. to provide Senior Transportation Services Program in the total amount of not to exceed $277,200.00 annually.
2. Authorize the City Manager to execute an agreement with GoGo Technologies, Inc. for one year with additional four one-year renewal.
3. Authorize the City Manager to execute any documents necessary with Lyft, Inc. to effectuate said agreements and future amendments for the Senior Transportation Services Program.
COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
The Finance Department, on behalf of the Community Services Department, is seeking to enter into a contract for transportation services for the City’sFontana Community Senior Center Transportation Program, for a total of not to exceed $277,200, which is currently budgeted in account 10124253.
The contract period is for one year (FY 2022-2023) with four (4) additional one-year periods (FY 2023 -2024, FY 2024-2025, FY 2025-2026, FY 2026-2027) at the City’s sole direction.
Sealed bid number SP-73-CS-23 had 250 external vendors notified, 18 prospective bidders, and 2 submitted bids, Go Go Technologies, Inc and Lyft, Inc. Both bids are viable and being recommended to enter into agreements for transportation services.
GoGo Technologies, Inc. would provide:
· Dispatch Services for curbside-to-curbside rides
· One point of contact for Uber and Lyft
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· Scheduling and booking rides via phone app or telephone call · Operation within City of Fontana Boundaries
· Admin account for City staff to enroll participants and monitor rides Lyft, Inc. would provide:
· Operation within City of Fontana Boundaries
· City Staff would have to schedule curbside to curbside services The attached agreement for Go Go Technologies, Inc. has been reviewed by the City Attorney. In addition, staff will work with Lyft, Inc. and City Attorney in developing a secondary agreement.
FISCAL IMPACT:
Funding for this service in an amount not to exceed $277,200 is available in the City’s adopted FY 2022-2023 operating budget in account number 10124253. If the City decides to continue the contract years two through five, there will be an annual fiscal impact not to exceed $277,200.
MOTION:
Approve staff recommendation.
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94 1
PROFESSIONAL SERVICE AGREEMENT BY AND BETWEEN THE
CITY OF FONTANA
AND
GOGO TECHNOLOGIES, INC.
FOR THE PROVISION OF RIDE SHARE SERVICES FOR SENIOR TRANSIT PROGRAMS
THIS AGREEMENT is made and entered into this ____ day of _________, 202_ by and between the CITY OF FONTANA, hereinafter referred to as the “ CITY,” and GOGO TECHNOLOGIES, INC., hereinafter referred to as the “CONSULTANT.”
I. RECITAL
A. PURPOSE. The purpose of this AGREEMENT is to allow the CITY to procure the professional services of a qualified administrator and dispatch ride sharing agency to coordinate and dispatch existing private ride sharing services for the CITY’s Senior Transit Programs and to have these CONSULTANT services based upon the mutual covenants and conditions set forth herein.
II. TERMS AND CONDITIONS
A. MISSION. The CITY hereby retains the CONSULTANT in the capa city as CONSULTANT and the CONSULTANT hereby accepts such responsibility as described herein.
B. TERMS. The term of this AGREEMENT shall be for an initial term of 1 ye ar with option by the CITY to renew for additional periods of 2 year terms, which option must be exercised by CITY prior to the expiration of initial 1 year term and prior to the expiration of each succeeding 2 year term periods ; provided, however, that this paragraph does not affect the right of either party to terminate the Agreement unless in accordance with those provisions set forth in paragraph P.
C. SCOPE OF SERVICES. Under the supervision of the Director of Community Services or designee, the CONSULTANT shall provide all services as detailed in the CONSULTANT’s Proposal attached herein as Exhibit A”. CONSULTANT is b ound by the contents of Exhibit “A”, hereto and incorporated herein by this reference. In the event of conflict, the requirements of CITY's Request for Proposal and this Agreement shall take precedence over those contained in the CONSULTANT's proposal. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between CONSULTANT and/or CITY, unless expressly agreed to in writing.
D. PERFORMANCE. CONSULTANT shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices 95 utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this Agreement.
E. COMPENSATION. During the term o f this AGREEMENT, the CITY shall compensate the CONSULTANT for the services described as detailed in Exhibit “A”. Invoices for payment shall be submitted on a monthly basis and shall be approved by the Director of Community Services or designee.
The CONSULTANT shall submit an itemized invoice to the CITY according to work progress, setting forth the work performed and the rates charged in accordance with the CONSULTANT’s fee schedule.
All change orders, additions, deletions or adjustments to the CONSULTANT’s specifications must be submitted in writing to the CITY for approval. The CITY is the sole authority regarding change orders and the CONSULTANT shall not change, alter, or delete, in any manner, any portion of these specifications of the CITY.
E. EXPENSES. CONSULTANT shall not be entitled to an expense account and shall not be required or permitted to incur expenses on behalf of the CITY in addition to the expenses required for completion of the scope of services described herein. The compensation described herein includes provision for all CONSULTANT expenses required to complete the scope of services described herein.
F. INDEPENDENT CONTRACTOR.
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT'S exclusive di rection and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT'S officers, employees, or agents, except as set forth in this Agreement. CONSULTANT shall not at any ti me or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.
(b) Neither CONSULTANT, nor any of CONSULTANT’S officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY’s employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(c) CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.
96 G. INDEMNIFICATION AND DEFENSE.
(a) To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its elected and appointed boards, commissions, officers employees and agents, and/or volunteers (“Indemnified Parties”) from and against any and al l losses, liabilities, damages, costs , and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or sub- consultants (or any CITY or indiv idual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this Agreement.
CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence or willful misconduct.
(b) CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its elected and appointed boards, commissions, officers, employees and agents from all claims, demands, liability fines and penalties made by CONSULTANT’S employees from health, retirement or other benefits attributable to services performed pursuant to this Agreement.
(c) In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by CITY, CONSULTANT shall defend the Indemnified Parties at CONSULTANT’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incu rred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this provision. In the event of any disput e between CONSULTANT and CITY, as to whether liability arises from the sole or active negligence or willful misconduct of the CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
H. SUCCESSOR AND ASSIGNMENT . The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign nor transfer any interest in this AGREEMENT without the prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this contract may be assigned to a bank, trust company, or financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY.
I. INSURANCE. Without limiting the CONSULTANT’S indemnification of the CITY, the CONSULTANT shall provide and maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “B” attached herewith and 97 incorporated herein by this reference as though set forth in full.
J. COMPLIANCE WITH LAWS . CONSULTANT agrees to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this AGREEMENT.
K. SEVERABILITY. In the event that any covenant, condition or other provisions herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of the AGREEMENT and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
L. INTERPRETATION. No provision of this AGREEMENT is to be interpreted for or against either party because that party or that party ’s legal representative drafted such provision, but this AGREEMENT is to be construed as if it were drafted by both parties hereto.
M. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, u nderstandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
N. WAIVER. No breach of any provision hereof can be waived unless in writing.
Waiver of any one break of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.
O. CONTRACT EVALUATION AND REVIEW . The ongoing assessment and monitoring of this AGREEMENT is the responsibility of the City Manager, or his designee.
P. TERMINATION OF AGREEMENT. This AGREEMENT may be terminated by either party by giving written notice at least thirty (30) days prior to the effective t ermination date in the written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONSULTANT under this AGREEMENT shall, at the option of the CITY, becomes its property and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by the CONSULTANT, and the CITY may withhold any payments to the CONSULTANT for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONSULTANT is determined.
Q. CHANGES. The CITY or CONSULTANT may request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any 98 increase or decrease in the amount of the CONSULTANT’S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this AGREEMENT.
R. REPORTS AND INFORMATION. CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection there with, and any other matters covered by this AGREEMENT.
S. OWNERSHIP OF DOCUMENTS.
(a) CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this Agreement. CONSULTANT shall maintain adequate records of servi ces provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the CITY at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, doc uments, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination o f this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused, or otherwise disposed of by the CITY without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the CITY, at the CONSULTANT's office and upon reasonable written request by the CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the services under this Agreement.
T. RELEASE OF INFORMATION.
(a) All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without CITY's prior written authorization. CONSULTANT, its officers, employees, agents, or sub - consultants, shall not without written authorization from the CITY or unless requested by the CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided 99 CONSULTANT gives CITY notice of such court order or subpoena. (b) CONSULTANT shall promptly noti fy CITY should CONSULTANT, its officers, employees, agents, or sub -consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proce eding connected to such Discovery, or unless CONSULTANT is prohibited by law from informi ng the CITY of such Discovery.
CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to Discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
U. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the CONSULTANT.
V. PERSONNEL. CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under the state and local law to perform such services. None of the work or services subcontracted hereunder shall be specific by written contract or agreement and shall be subject to each provision of this AGREEMENT.
W. LICENSES. At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
X. GOVERNING LAW. The CITY and CONSULTANT understand and agree that the laws of the State of California shall gove rn the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the CITY.
III. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this AGREEMENT, the CONSULTANT agrees as follows:
A. EQUAL OPPORTUNITY.
(a) The CONSULTANT will not discriminate against any employee or applicant for 100
employment because of race, creed, sex, color, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this non-discrimination clause.
(b) The CONSULTANT will, in all solicitation or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin.
(c) The CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this AGREEMENT so that such provisions will be binding upon each sub -contractor, provided that the foregoing provisions shall not apply to contracts or subcontr acts for standard commercial supplies or raw materials.
(d) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the CITY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the CONSULTANT’S non-compliance with the equal opportunity clauses of this AGREEMENT or with any of such rules, regulations, or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(g) The CONSULTANT will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issue d pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for non -compliance; provided, 101
however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a sub -contractor or vendor as a result of such direction by the CITY, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
B. CIVIL RIGHTS ACT OF 1964. Title VI of the Civil Rights Act of 1964, provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or, be subjected to discrimination under any program or activity receiving Federal financial assistance.
C. AGE AND DISABILITY. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973 , as amended, and the Americans with Disabilities Act of 1990, as amended, shall apply to this AGREEMENT.
IV. CONFLICT OF INTEREST
During the performance of this AGREEMENT, the CONSULTANT agrees as follows:
A. INTEREST OF MEMBERS OF THE CITY. No member of the governing body of the CITY and no other employee, or agent of the CITY who exercises any functions of responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT.
B. INTEREST OF CONSULTANT. CONSULTANT represents, warrants and agrees that he does not presently have, nor will he acquire during the term of this AGREEMENT, any interest, direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one -percent (1%) or less interest in publicly-traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract, or arrangement with the CITY.
C. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT shall take appropriate steps to assure compliance.
V. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either b y: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery ; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
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To the CONSULTANT: GoGo Technologies, Inc.
1600 Bryant St., #410477
San Francisco, CA 94141
To the CITY: City of Fontana
Director of Community Services
16860 Valencia Ave
Fontana, CA 92335
W. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the CONSULTANT and ha ve the authority to bind CONSULTANT to the performance of its obligations hereunder.
IN WITNESS HEREOF, the CITY and CONSULTANT have executed this AGREEMENT as of the date first herein above set forth.
CITY OF FONTANA GOGO TECHNOLOGIES, INC.
By: By:
Matthew C. Ballantyne
City Manager
Justin Boogaard
Chief Executive Officer
ATTEST:
By:
Germaine McClellan Key, City Clerk
APPROVED AS TO FORM:
By:
Ruben Duran, City Attorney
Attachments: Exhibit “A” CONSULTANT’s Proposal
Exhibit “B” Insurance Requirements
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EXHIBIT “A”
PROPOSAL OF SERVICES
1. Provider shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professio nals in the same discipline in the State of California, and consistent with all applicable laws. Provider represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally requ ired to perform the Services, including a valid business license, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement.
2. The compensation for GoGo Technologies services shall be the full cost of the fare and concierge fee (or the desired subsidy), as detailed in Exhibit A , plus $1,000 base fee each month for the duration of the account. The CITY will be without a limitation for customers eligible for the program each mont h. The CITY may change customers at any time. Any changes that occur between billing cycles that bring the total number of customers served in that billing cycle to more than 50 will incur a $20 fee per additional customer for that billing cycle.
3. GoGo Technologies, Inc. shall provide invoices that include a detailed description of the services performed. Invoices shall be submitted to the Partner on a monthly basis.
4. Under this Agreement, GoGo Technologies, Inc. will conduct a subsidized senior rides program for the City of Fontana’s senior residents. This program is subsidized by the CITY in an effort to support mobility of senior residents.
5. GoGo Technologies, Inc. responsibilities are as follows:
A. GoGo will design and implement the program for the City of Fontana’s senior residents.
B. GoGo will provide the GoGo Grandparent service to CITY’s senior residents using a web-based, app-based, and telephonic-based user system.
C. The automated telephone hotline allows the CITY’s senior residents to access and use Lyft or Uber with a phone call in accordance with the following process:
● Registered Customers call 1 (855) 464 -6872 when they need a ride, and press a digit that corresponds to the location they would like to be picked up at. For example: ○ “Please press 1 for a car to be sent to pick you up from your home” ○ “Please press 2 for a car to be sent to pick you up from where we dropped you off last” ○ “Please pre ss 0 to speak with an operator”.
● Based on the selection, GoGo Grandparent orders a ride to the selected pickup location through a third party transportation network serv ice, such 104
as Uber or Lyft. It tracks the ride and saves the last location to the Customer’s dial tone menu. The ride is monitored: if a driver cancels, GoGo automatically reorders; if a driver is lost an operator is alerted; if a driver tries to communicate with a Customer, GoGo manages that contact.
● In addition, GoGo Grandparent provides custom instructions to the Uber or Lyft or other third party transportation network service drivers, tailored to the needs of individual Customers.
D. Operator support is provided 24/7 to customers at no additional charge. Operator support is provided for:
● Answering questions
● Ordering rides when a caller is not at their home or last location
● Assisting callers with technical issues associated with the GoGo Grandparent service
E. Hours of Availability. Customers will have access to the GoGo Grandparent service and to speak with an operator 24 hours a day, 365 days a year.
F. Enterprise Features. GoGo will provide the CITY of Fontana with a login portal that the CITY may use to enroll customers into the program.
6. The City of Fontana responsibilities are as follows:
A. The CITY will be responsible for vetting and enrolling customers in the program through GoGo’s portal.
B. Information collected during registration includes the customer’s (i) Full Name; (ii) Cell Phone Number; (iii) Home Phone Number; (iv) Home Address; and (v) On-File Payment Method (optional).
7. The CITY will provide payment by check to GoGo every month of service for the base fee plus the cost of full cost of fare for each user in the billing period.
8. The CITY will subsidize each customer trip with the following program limitations:
• Up to 6 one-way trips per week within CITY boundaries for trips to the Fontana Community Senior Center, shopping centers, government offices , and medical offices with no co-pay required.
9. Subsidized use of this program is limited to use between 6 a.m. and 10 p.m., Sunday through Saturday.
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EXHIBIT “B”
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of work and/or services under this Agreement, CONSULTANT shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its elected and appointed boards, commissions, officers, employees and agents.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
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Duration of coverage. CONSULTANT shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, their agents, representatives, employees, or sub-consultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of CITY before the CITY’s own insurance or self- insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its sub-consultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown 107
above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONSULTANT’s insurers are unwilling to provide such notice, then CONSULTANT shall have the responsibility of notifying the CITY immediately in the event of CONSULTANT’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its sub-consultants, subcontractors, and any other party who is brought onto or involved in the project/service by CONSULTANT (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of CONSULTANT under this Agreement.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CONSULTANT’s Subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONSULTANT may still be able to utilize the Subcontractor provided CONSULTANT shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the CONSULTANT, but in all other terms consistent with the CONSULTANT’s requirements under this Agreement. This provision does not relieve the CONSULTANT of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONSULTANT with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONSULTANT under this Agreement given the limited scope of work or services provided by the subcontractor. CONSULTANT agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to CITY for review.
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CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2026 Agenda Date: 2/28/2023
Agenda #: H. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Purchase and Sale Agreement for 8470 Nuevo Avenue - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase and Sale Agreement for the purchase of a building and associated land in the approximate amount of $1,825,000 located at 8470 Nuevo Avenue, west of Sierra Avenue in Downtown Fontana, more specifically described as APN #0191-162-35 and 0191-162-34.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
3. Approve the required increase in appropriation of $1,825,000 in Fund 601 to be included in the Third Quarter Budget Report.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.
The subject property recently became available for acquisition. The approximately 10,800 square foot parcel includes two buildings of approximately the same size (100% FAR). The property is currently encumbered by a lease, which expires September 30, 2025. The tenant is performing pursuant to the terms of the lease regarding property maintenance and payment of rent. The lease terms are standard “triple net”, meaning that tenant is responsible for payment of all property expenses, including property taxes and all utilities. The current lease rate is $5,000 per month, escalating to $6,000 per month on October 1, 2023, and $6,150 per month for the final year of the lease term.
The City and the seller’s brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
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File #: 21-2026 Agenda Date: 2/28/2023
Agenda #: H. Category: Consent Calendar
· The City of Fontana would acquire the property for the price of $1,765,000. · The City of Fontana and seller Michael D. Gay Separate Property Trust will equally split any/all escrow and title fees as appropriate.
· The City has completed its due diligence on the subject property, including title review. · The city will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.
· Upon close of escrow, all lease payments will be made directly to the city.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies are available for the purchase of these properties (total cost of approximately $1,825,000, including escrow costs and appropriate fees) - in Fund 601 - Capital Reinvestment. Appropriate paperwork will be submitted to the Budget Office with the Third Quarter Budget Status Report.
Lease income, projected at approximately $175,000 over the remaining term of the lease, will be deposited into Fund 601 for further reinvestment into the downtown revitalization project MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2036 Agenda Date: 2/28/2023
Agenda #: I. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Amend Administrative Policy 20-17, Employee Travel Expenditures Policy to the City of Fontana’s Administrative Policy and Procedures.
RECOMMENDATION:
Adopt Resolution No. 2023-012 of the City of Fontana, amending Administrative Procedure Section 20-17 “Employee Travel Expenditures”
COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
DISCUSSION:
The policy will establish a procedure and policy for handling reimbursement for travel and out-of- pocket and expenditures incurred by city employees, elected officials, and volunteers while on official business for the City of Fontana.
Administrative Policy No. 20-17 “Employee Travel Expenditures” was last amended and adopted by City Council on June 26, 2018.
Travel Reimbursement will be processed in accordance with the laws governing the business-related reimbursements. It will be the responsibility of the Finance Department to ensure compliance with the “Employee Travel Expenditures” policy for all departments.
Staff Recommends updating the language to define the requirements for eligibility of expenditure reimbursements for meals and mileage.
Staff recommends updating the following:
Mileage reimbursement starting point
Meal and lodging reimbursement requirements and reimbursement rates to be in compliance with IRS regulations.
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File #: 21-2036 Agenda Date: 2/28/2023
Agenda #: I. Category: Consent Calendar
of technology
With the attached resolution, staff is recommending updating the Travel Policy, section 20-17, Travel Policy.
FISCAL IMPACT:
There is no fiscal impact from amending the policy.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA AMENDING ADMINISTRATIVE POLICY SECTION
20-17, EMPLOYEE TRAVEL EXPENDITURES.
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 needs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana does hereby amend Administrative Policy Section 20-17, Employee Travel Expenditures.
APPROVED AND ADOPTED this 28th day of February 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, 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 at a regular meeting thereof, held on the 28th day of February, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
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Resolution No. 2022-
Mayor of the City of FontanaATTEST:City Clerk
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Resolution No. 2022-_____Attachment APurpose:To establish a procedure and policy for handling public records requests under the California Public Records Act,: to ensure thorough, timely, and coordinated responses to public records requests and provide guidelines for providing information requested under the California Public Records Act. General Policy:Requests for records will be processed in accordance with the laws governing the release of public information. It will be the responsibility of the Deputy City Clerk to administer the public records request policy for all departments except the Police Department. All records requests shall be forwarded to the Deputy City Clerk for review and response; the Police Department shall handle records request pursuant to their Police Department Policy. General Guidelines:A.The City shall always make public records open for inspection during theregularbusiness hours. Under enumerated provisions of the California Public Records Act, certainpublic records may be exempt from disclosure. Public records which are determined by theDeputy City Clerk to be exempt from disclosure will not be made available for publicinspection.B.The City will also accept written requests on a form provided by the City. The City will alsoaccept records request that are: (1) submitted through email, (2) received by telephone, or (3)verbal requests. City staff may suggest that the requestor complete the City public recordsform. However, the requestor is not required to complete the form in order to inspect publicrecords or receive copies of public records.C.The City must reply to the requester, no later than 10 calendar days from receipt of the request,and provide a written determination for the request. If the request is received after businesshours or on a weekend or holiday, the next business day will be considered the official date of SECTION City of Fontana ADMINISTRATIVE PROCEDUREAdministration 20-13APPROVED SUBJECT: Public Records RequestsPAGE 1 of 2Resolution 2022- LAST UPDATED July 26.2022 144
receipt. If the tenth calendar day falls on a weekend or holiday, the next business day will be the deadline for responding to the request. If the City exercises the right to extend the date for providing a written determination for a records request beyond the 10-day period, the City must do so in writing, stating the reason(s) for the extension and the anticipated date of the response within the 14-day extension period, pursuant to the criteria in Government Code section 6253© and beginning January 1, 2023, Government Code section 7922.535 ©. D. If there is a question about the clarity of the request, City staff are encouraged to contact the requester at the earliest opportunity to clarify the request. City staff must assist the member of the public to make a focused and effective request. E. The City is not legally required under the Public Records Act to, create any new records or information, including a privilege log in response to a Public Records Request. F. The CPRA does not create an obligation to answer questions presented by a requester. It merely requires the City to provide existing public records that are not otherwise exempt from disclosure. G. Email and text messages will be treated the same as other public records. If an email or text message is a public record, it is subject to disclosure, unless it falls within an exemption. H. Copies of an official building plan will not be produced by the City until the City receives written permission to duplicate the plans from (i) the licensed professional who prepared the plan(s) and (ii) the building owner. However, building plans are open to inspection during regular business hours at the Citys Building Department. I. Copy Fees (Cash payment or check payment made payable to City of Fontana) Election Filing Forms Per Resolution 1992-60 $0.10 per page Photocopies-Black & White Per Resolution 1998-117 Copied Using Copier Feeder $0.20 for the first page and $0.05 for each additional page Photocopies-Color Per Resolution 2010-122 Copied Using Copier Feeder $0.50 for the first page and $0.40 for each additional page CD/DVD/Flash Drive Actual cost of the item Electronic Format There is no fee for providing records in electronic format via email. The City may, however, charge for the cost of duplication if a requester wishes to have a physical copy of records. 145
City of Fontana
POLICY AND PROCEDURES
Obsolete Section 20-17 dated 8-01-03
File in City Administrative Manual
Distribution: All Employees
Subject: EMPLOYEE TRAVEL
EXPENDITURES
Page
1 of 16
Section
20-17
Effective Date
2-28-2023
Issued Date
2-28-2023
Resolution Number: Approved by Motion
Approval Date: February 28, 2023
I. PURPOSE
To establish a uniform guideline for reimbursement of travel and out-of-pocket expenditures incurred by City employees, elected officials and volunteers while on official business for the City of Fontana.
II. GENERAL POLICY
A. The City of Fontana encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities.
The City will reimburse travel expenditures according to the procedures outlined in this policy.
B. Travel is deemed to be official when such travel of City employees, elected officials, and volunteers are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement.
III. PROVISIONS
A. Definitions
1. City Official - any person representing the City in an official capacity that is not considered an employee or a volunteer (elected officials or their appointees).
2. Local Travel - travel within a radius of fifty (50) miles from the employee’s regular work site or place of residence, one way, for a one-day session or multiple day sessions.
3. Mileage Allowance - reimbursement paid to the employee/elected official or a volunteer for the use of his/her personal vehicle during travel or official City business.
The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS).
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4. Out-of-town travel – any travel over fifty (50) miles one-way from employee’s regular work site or place of residence, including out of state travel that requires subsistence or actual living expenses. Out-of-town travel does not include any regular commute between the employee’s regular work site or place of residence.
5. Travel – any trip taken by a City official, employee or volunteer in the course of performing their duties, including trips to conferences, seminars, meetings, workshops and training.
B. General Standards
1. Travel should be requested only if it is anticipated that the City will derive a benefit from the training or information received by the employee or training which is mandated by law.
2. In all respects, travel arrangements should be made on the basis of the most reasonable and appropriate method and rate. The employee is responsible for exercising good judgment in requesting, arranging, and making the trip. All travel/training must be budgeted.
3. Employee attendance at conferences, training sessions and seminars should be limited to Southern California locations whenever practical.
4. Each Department Head is responsible for compliance with this policy. Each Department Head is to determine necessity and method of travel on City business of his/her staff with due regard for minimizing the cost and ensuring that prior authorization has been obtained from the proper level of authority when reimbursement is to be claimed.
5. City Elected Officials are required to follow these guidelines when planning City related business trips.
6. Departments shall submit proposed travel expenditures each year as part of the budget process. Only the amount appropriated for travel in the budget may be expended during the fiscal year.
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7. The City Manager shall review and approve all overnight travel, outside of San Bernardino, Riverside, Orange, San Diego and Los Angeles Counties as well as the City of Sacramento. All travels due to P.O.S.T. mandated training for Police Department employees will be approved by the Chief of Police. City elected official’s travel will be approved by the City Treasurer. The City Treasurer’s travel will be approved by the City Manager. No approver shall authorize travel or any reimbursement in a manner inconsistent with this Policy
8. In addition, Department Heads shall review and approve all out of town and local travel and training within their Departments.
9. Department Heads shall designate a staff person (Travel Coordinator) to maintain all departmental travel records as well as to coordinate with Accounts Payable the payment of cash advances and/or reimbursement of employees’ business expenses.
10. If emergency travel is required that is not budgeted, approval must be obtained from the City Manager and coordinated with the Budget Office.
11. Costs associated with the employee participation in local professional meetings are allowable and employees will be reimbursed for such costs, less any regular commute.
12. Overtime for attendance or travel to out-of-town functions shall be paid in accordance with the Fair Labor Standards Act (FLSA) or the MOU of the employee’s bargaining Unit.
13. Personal business should not be mixed with official business if it will cost the City anything in dollars or lost time, or if it will harm the City's interests in any way.
14. Employees traveling on city business with a spouse or other companion shall strictly distinguish between city business and personal expenses. The City shall not pay for personal expenses.
15. The City provides purchasing cards (p-card) as a convenience to employees for payment of expenses related to City business, including travel expenses, and to minimize staff time and paperwork involved in submitting and processing reimbursements for such expenses. The use of p-card should be in accordance with the City’s current P-Card Policy and Procedures as it may be amended from time to time.
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16. A copy of the Travel Request and Expense Report (City of Fontana Form 113: COF 113) shall also be submitted to Accounts Payable along with the p-card monthly statement whenever travel expenses were paid by p-card.
17. Receipts are required for all expenditures incurred during a business trip, local or out- of-town, except for the Per Diem allowance for meals
18. If a City elected official or an employee has lost/is missing a receipt for a travel-related item, a memo to the City Manager or the employee’s Department Head is required. The memo should be attached to COF 113 when documentation is submitted to Accounts Payable. The memo must include the following:
1. Explain the circumstances in detail, such as time, activity, and reason for losing the receipt.
2. Include all receipt information such as place of business, amount, date, and description of item.
3. Employee’s signature.
4. Department Head’s approval (signature).
C. Transportation
1. The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished.
2. In general, common carrier (bus, train, or plane) is the preferred mode of transportation and should be purchased by the city whenever practical.
3. Air travel is the preferred mode of transportation for round-trip travel over 500 miles since this is usually the most economical in terms of both time and money. In such instances, employees who use their private vehicles rather than travel by plane will be reimbursed the equivalent of round-trip airfare or the appropriate mileage, whichever is less. All air travels for distances less than 500 miles requires the City Manager’s approval except for travels due to P.O.S.T. mandated training for police Department employees, which requires the approval of the Chief of Police.
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4. All air travel on City business shall use the lowest reasonably available air-fare. Where reasonable and necessary, adjustments in ticket price may be approved by the City Manager or City Treasurer, as applicable, for any flights with an anticipated flight time of five hours in length or more
5. All airline tickets and rental vehicles shall be booked as early as possible to maximize savings.
6. Whenever practical, City-owned vehicles shall be used for travel
7. If a City-owned vehicle is used as primary transportation, reimbursement is limited to fuel, parking fees, toll charges, and emergency repairs.
8. Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City.
9. When using the city-owned Vehicles, employees should use their City P-Card (to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required).
10. A copy of all credit card receipts for all travel charges on the credit cards should be attached to the final reconciled Travel Request and Expense Report Form (COF 113) when submitted to Accounts Payable. Receipts should be itemized.
11. If a private vehicle is used, the City shall reimburse the employee for the actual mileage involved in the travel. If a private vehicle is being used for transportation between lodging and event/meals mileage will be reimbursed with the submission of a mileage log. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service (IRS) for the current year.
12. Private car mileage reimbursements are made based on the actual mileage, less any regular commute. No cash advance for mileage is allowed. Appropriate backup is required.
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13. To receive any reimbursement under this policy for travel using privately owned car on City business, the traveler must:
a. Possess a valid California driver’s license.
b. Carry liability insurance, as required by the State of California. c. Acknowledge that vehicle service and repair costs are not separately reimbursable, as these costs are reflected in the City’s per-mile cost reimbursement.
14. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances.
15. If local transportation is needed at the destination, the use of public transit such as buses, streetcars, and subways is appropriate when safe and practical. The employee will be reimbursed for these expenses. Reimbursement for taxis and similar rideshare services is allowed when public transit or other common carriers are not reasonably available. Itemized receipts are required.
16. Car rentals should be approved in advance by the City Manager except for travels due to P.O.S.T. mandated training for police Department employees, which requires the approval of the Chief of Police. All travel accommodations for elected officials should be approved by the City Treasurer. No approver shall authorize travel or any reimbursement in a manner inconsistent with this Policy.
17. If a car rental is required, the employee may use a City credit-card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. Renters must select the most economical vehicle meeting their business needs and should use the City’s preferred vendor if possible
18. Mileage shall be reimbursed when traveling to and from the airport, at the current mileage rate set by the Internal Revenue Service. When available, courtesy shuttle services may be utilized between airports and meeting locations. Parking at the airport is reimbursable with the original receipt.
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D. Compensation for Travel Time
1. Out-of-pocket expenses for employees on business for the City and/or acting as representatives of the City are to be reimbursed according to this policy.
2. Reimbursement for field assignments and non-field assignments may differ. Field assignment positions are those that require the employee to be away from his/her desk/office on a regular, routine, and consistent basis. Non-field assignments are those that require the employee to be at his/her desk/office except for specific meetings, training, etc.
3. Managers are not to authorize normal workday expense reimbursement for those employees whose daily job consists of field assignments, such as Building Inspectors, Police Officers, Traffic Engineers, and Public Services employees assigned to streets, parks, etc.
4. Compensated conference and travel hours occurring on the employee's day off are compensated according to FLSA and/or the MOU of the employee’s bargaining unit.
5. When travel time exceeds the normal workweek, the City’s rules for overtime apply to those employees eligible for overtime. In determining overtime compensation, normal commute time should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling.
6. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. 152
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E. Lodging
1. Actual and necessary lodging expenses will be allowed for City employees and officials attending conferences, seminars, meetings or workshops during any approved travel when reasonable and necessary.
2. Hotel Rooms
a. For events starting before noon, lodging will be provided the night prior for out- of-town travel only.
3. All accommodations submitted for reimbursement under this Policy shall be economical and practical. The traveler must select the most reasonably priced accommodations available consistent with the purpose and goals of this Policy.
4. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. Therefore, when making lodging reservations, travelers shall ask if a “government rate” is available. If a third party requires government identification to receive this rate, the traveler shall provide such identification.
5. Original, itemized receipts for lodging expenditures must be attached to the Form COF 113 when the pay voucher is submitted for processing.
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F. Meals
1. Meal allowance for attendance at conferences, seminars, meetings or workshops that require overnight accommodations is paid in the form of a Per Diem. This means that employees are not required to turn in receipts for meal expenditures.
2. Reimbursement shall be at the current per diem rate for the destination city as established by the U.S. Government General Services Administration (GSA).
3. If meals are being provided, such as through a registration fee for a conference, those meals should be deducted from the per diem reimbursement. Employees or other travelers who are unable to consume meal(s) due to official business-related constraints, dietary restrictions, or other limited reasons approved by the City Manager can be reimbursed if a receipt is provided for the missed meals. The lesser of per diem or the substantiated amount will be reimbursed.
4. Employees may request an advance for the meal allowance prior to departure in an amount equal to the per diem rate times five days.
5. Employees who received advance meal allowance shall not charge their meals to the City P-card.
6. If an employee who has not received advance meal allowance, charges his/her meals to the p-card, he/she shall follow the guidelines in Section III.F.2. Meal charges shall not exceed the per diem rates. A copy of the receipt must be attached to the Form COF 113 at the conclusion of the trip.
7. Using Per Diem rates allows for less paperwork for both the employee and the City (since receipts are not required unless as stated in Section III.F.2).
8. Per Diem does not include meals eaten prior to or after the trip. During partial days of travel and one-day travel, Per Diem reimbursement shall be adjusted to 75% of daily per diem rates as established by the GSA for meals.
9. If requesting a meal reimbursement for a guest, the employee must include the name and business relationship of the guest to substantiate the expense. Approvals of guest meals are required by the Department Heads.
10. Tips are included in the per diem and they are part of the meal allowance. The City does not reimburse employees for tips as a separate business expense 154
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G. Payments to Vendors and/or Cash in Advance
1. The City will pay all legitimate expenses of the trip. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within these guidelines.
2. There are three ways to pay for travel expenses:
Direct Vendor Payment
Cash Advance
Employee Reimbursement
a. Direct vendor payments are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, and airfare and can be paid through Accounts Payable or using the City P-Card. b. Cash advances are only made for the meal allowance (Per Diem) for up to a maximum amount of the per diem rate times five days.
c. Employee reimbursement occurs when the employee elects to pay for all travel related expenses first and is reimbursed upon completion of the travel.
3. To obtain either direct vendor payments or a cash advance, the employee must complete a Pay Voucher (COF 110) and approved Travel Request Form (COF 113) and attach a copy of the flyer, brochure, or itinerary announcing the event, as well as any other appropriate supporting documentation. Any requests should be submitted to the Accounting Division (Accounts Payable) at least two weeks prior to travel.
Expenses must be incurred within 30 days of receipt of cash advance.
4. Travel advance checks shall not be issued to employees more than five working days prior to the start of the travel date.
5. Upon return from the event, the employee must account for all expenses incurred by completing the bottom portion of COF 113 and return the unused portion of the cash advance within 15 working days.
6. The unused portion of the travel cash advance must be deposited with the City Cashier and the receipt shall be attached to the documentation referred to on the Section III.G.5 of this policy.
7. If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of cancellation. 155
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8. The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced.
H. Incidental/Allowable Expenses
1. Miscellaneous expenses related to a conference, seminar, workshop or meeting that are not specifically covered above may be reimbursed with proper receipts. Examples of such items include taxi fare, car rental, parking fees, and toll charges. These items are reimbursed with the proper justification.
2. City related Telephone, Facsimile or Internet charges that are itemized on a hotel bill are allowable. A list of all City related calls/faxes including the name(s) of person(s) called, telephone number and nature of the calls should be attached to the receipt.
3. Personal telephone calls up to five (5) minutes per travel day, with proper documentation, is allowable. Personal calls should be identified or listed separately from business calls when submitting a claim.
4. The following expenses are not reimbursable under any circumstances:
Meal Gratuities (included in Per Diem)
Supplies (non-business)
ATM service charge
Laundry and/or dry cleaning
Tours
Service fees for using non-approved Travel Agency (if applicable) Video rental at hotels and/or headphones on airplanes Alcoholic beverages
Fines for moving and/or non-moving violations
Spouse/dependent expenses
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Allowable Business
Expenditures
Travel Expenses Less than Over
50 Miles 50 Miles
Meals 75% Yes
Lodging No Yes
Mileage Yes Yes
Parking Yes Yes
Non-Meal Receiptable Tips No Yes
Taxi, Bus, Train Yes Yes
Table 1
I. Exceptions
1. The City Manager, or his designee, shall review and approve or deny all requests to travel outside of the State of California.
2. Extraordinary expenses. There will be occasions when extraordinary expenses beyond ordinary costs will be a benefit to the City. In such cases, approval for reimbursement of expenditures may be secured if adequate written justification is submitted to and approved by the City Manager. Such justification should be submitted prior to the trip whenever possible, and approval of extraordinary expenses must be secured prior to the disbursement of funds upon return.
3. Ordinary expenses other than parking fees will not be reimbursed for local travel unless prior approval is obtained from the Department Head when actual and necessary.
4. The City Manager may evaluate requests for travel and the reimbursement of travel expenses not covered in this policy or make exceptions to this policy on a case-by-case basis for necessary and reasonable expenses.
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IV. PROCESS
The following are step-by-step instructions for obtaining approval for travel requests.
A. Action/Responsibility: Employee – Traveler
1. When feasible, at least one month prior to the date of departure, prepare the Travel Request and Expense Report form (COF 113) to attend a conference, seminar, or course as follows:
1. State the detail of travel on the form. Attach a registration form or flyer describing he event showing location, times, dates, costs, etc.
2. Obtain approval from employee’s Department Had and the City Manager.
3. Call and confirm registration/reservation with the activity sponsor.
2. Submit request form and description of the event to the Department’s designated employee (Travel Coordinator) or other appropriate person.
B. Action/Responsibility: Department’s Travel Coordinator
1. At least three weeks prior to the event, the responsible staff person should make the arrangements for transportation and lodging, prepare travel forms and pay vouchers for the expenses of the trip payable to the traveler or service provider for:
1. Transportation
2. Lodging
3. Registration / Tuition fee
4. Meal allowance
5. Other (attach supporting documentation / explanation to justify such expenses)
2. Submit the Travel Request form, vouchers and attached documentation to the Department Head for review and approval, as appropriate.
3. Upon receiving approved documents from the Department Head, the responsible personnel shall photocopy all documents for files, and submit vouchers to Accounts Payable, attaching one travel request and supporting documentation per voucher. 158
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C. Action/Responsibility: Department Head
1. Assign a designated employee to function as the department’s Travel Coordinator and to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable.
2. Receive travel documents from Department’s Travel Coordinator and review forms for completeness, accuracy, and compliance with this policy.
3. Approve or deny local, out-of-area (non-overnight) and all P.O.S.T. related (Police Chief) travel requests.
4. For all overnight or out-of-state travel requests, except overnight travels to San Bernardino, Riverside, Orange, San Diego and Los Angeles Counties, Sacramento and P.O.S.T. related training, sign and submit to the City Manager for approval.
5. Submit approved travel requests (signed by the City Manager if required) to the Department’s Travel Coordinator for forwarding to Accounts Payable.
D. Action/Responsibility: Accounts Payable
1. Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues.
2. If request is complete and in compliance, process as follows:
1. Process vouchers for checks and send to vendor or release to authorized employee.
2. File vouchers and travel request form.
3. Process employees’ travel expenditures in accordance with this policy.
4. Establish a monitoring system to detect employees who have not submitted necessary travel documents including the reconciled travel forms at the conclusion of their business trip.
5. Provide departments with a list of employees who did not submit complete travel documents, as required by these guidelines.
6. Maintain copies of all documents relevant to individual travel requests. 159
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V. VERIFICATION
The following are step-by-step instructions for verification of travel expenses.
A. Action/Responsibility: Employee
Within fifteen working days of return date to work:
1. If the total expense amount is equal to the original amount approved on the travel request form, provide all required original receipts for expenses to the Department’s Travel Coordinator.
2. If less money than the travel advance was spent, submit the unspent funds to the City Cashier and provide Department’s Travel Coordinator with the original receipt.
3. If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department’s Travel Coordinator. The difference will be reimbursed upon the Department Head’s approval.
B. Action/Responsibility: Department’s Travel Coordinator Attach all original receipts to the original Travel Expense Report (COF 113) and submit to Accounts Payable for review and processing:
1. If “V.A.1.” of the above applies and the amount is equal to the original amount approved on the travel request form, complete the bottom portion of the Travel Expense Report, attach original receipts and explanations. Obtain the employee’s and Department Head’s signatures and forward to Accounts Payable for processing and maintain copies for files.
2. If “V.A.2.” of the above applies, complete the bottom portion of the Travel Expense Report, attach original receipts including the Cash Receipt demonstrating the amount deposited with City Cashier, obtain the employee’s and Department Head’s signatures.
Forward all documents to the Accounts Payable Office and maintain copies for files.
3. If “V.A.3.” of the above applies, attach original receipts, explanation, and obtain the employee’s signature. Request difference on a pay voucher, obtain the Department Head’s approval and forward to the Accounts Payable Office for processing and maintain copies for files.
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C. Action/Responsibility: Department Head
Review all explanations, approve/deny request for reimbursement of expenses exceeding the original authorized amount.
D. Action/Responsibility: Accounts Payable
1. Receive all documents from Department’s Travel Coordinator. a. Process voucher for check if requested.
b. Verify any reimbursements have been submitted.
c. Retain documents in travel files.
2. Each month, travel expenditures will be made available to the City Manager’s Office.
E. Action/Responsibility: Finance Department
Schedule and perform periodic reviews of the City’s travel expenditures. 161
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Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2028 Agenda Date: 2/28/2023
Agenda #: A. Category: New Business
FROM:
Finance
SUBJECT:
Fiscal Year 2022-23 Midyear Budget Status Report
RECOMMENDATION:
1. Approve the recommended Fiscal Year 2022-23 Mid-Year Budget adjustments.
2. Approve Resolution No. 2023-013 a Resolution of the City Council of the City of Fontana adopting new and updated job descriptions and salary ranges for specific classifications throughout the City and the updated corresponding salary tables.
COUNCIL GOALS:
· 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. · Practice sound fiscal management by producing timely and accurate financial information.
· Practice sound fiscal management by living within our means while investing in the future.
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
The City’sbudget is an important policy document, serving as the annual financial plan that identifies the spending priorities for the organization. Quarterly budget status reports are developed and presented to the City Council to provide the most current information on the financial activities of the City upon which to base decisions. Additionally, quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes City of Fontana Printed on 2/23/2023Page 1 of 8
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File #: 21-2028 Agenda Date: 2/28/2023
Agenda #: A. Category: New Business
communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as gauging the City’s budget plan as compared to actual revenue and expenditures. This report includes requested departmental budget adjustments and preliminary year-to-date actuals through the Midyear of Fiscal Year 2022-23, covering the period through December 31, 2022.
The current citywide Fiscal Year 2022-23 budget is comprised of a total of 194 funds including the General Fund, Other General Funds (10 funds), Special Revenue Funds (130 funds), Enterprise Funds (4 funds), Capital Project Funds (36 funds), a Debt Service Fund, an Internal Service Fund, and Other Agency Funds (11 funds). The current total citywide Fiscal Year 2022-23 budget (excluding other agency funds) includes total uses (expenditures and transfers out) for all City funds of $297.0 million and total sources (revenues and transfers in) of $293.1 million. The Recommended Budget includes an increase in total sources of $25.8 million for a total of $319.0 million and an increase in total uses of $36.1 million for a total of $333.2 million. 2022-23 Budget
All City Fund
Proposed
Current Revisions Recommended
Revenues 257,562,616$ 24,511,884$ 282,074,500$
Transfers In 35,531,180$ 1,304,490$ 36,835,670$ Total Sources 293,093,796$ 25,816,374$ 318,910,170$ Expenditures (261,507,873)$ (34,822,405)$ (296,330,278)$ Transfers Out (35,521,180)$ (1,314,490)$ (36,835,670)$ Total Uses (297,029,053)$ (36,136,895)$ (333,165,948)$ Results from Operations (3,935,257)$ (10,320,520)$ (14,255,777)$
GENERAL FUND
The current Fiscal Year 2022-23 General Fund Operating Budget includes total uses of $148.4 million and total sources of $149.8 million. The Recommended Budget includes an increase in total sources of $195,800 for a total of $149.9 million and an increase in total uses of $3.6 million for a total of $152.0 million. 2022-23 Budget
General Fund (Fund 101)
Proposed
Current Revisions Recommended
Revenues 138,129,289$ 205,800$ 138,335,089$
Transfers In 11,623,510$ (10,000)$ 11,613,510$ Total Sources 149,752,799$ 195,800$ 149,948,599$ Expenditures (127,008,205)$ (2,716,842)$ (129,725,047)$ Transfers Out (21,355,930)$ (834,500)$ (22,190,430)$ Total Uses (148,364,135)$ (3,551,342)$ (151,915,477)$ Results from Operations 1,388,664$ (3,355,542)$ (1,966,878)$ City of Fontana Printed on 2/23/2023Page 2 of 8
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Proposed
Current Revisions Recommended
Revenues 138,129,289$ 205,800$ 138,335,089$
Transfers In 11,623,510$ (10,000)$ 11,613,510$ Total Sources 149,752,799$ 195,800$ 149,948,599$ Expenditures (127,008,205)$ (2,716,842)$ (129,725,047)$ Transfers Out (21,355,930)$ (834,500)$ (22,190,430)$ Total Uses (148,364,135)$ (3,551,342)$ (151,915,477)$ Results from Operations 1,388,664$ (3,355,542)$ (1,966,878)$ Notable Changes
· Personnel Expenses - a net decrease in personnel expense of $66,121 primarily due to:
o An increase in recurring proposed organizational changes as detailed below ($599,780),
o An increase in recurring costs associated with cafeteria plan benefits ($207,700) for 2023.
o A one-time decrease in expenses due to the reversal of FY22/23 Q1 POA/PMA bonus not paid from GF ($887,901) which has been funded through American Rescue Plan Act (ARPA) funding.
· Recurring Operational Expenses - an increase in citywide operational expenses of $659,700 primarily due to:
o Planning - increase in legal fees ($150,000) for the Planning Commission. o Public Works - increase various expense accounts ($132,000) for South Fontana Sports Park and Santa Ana Ave median maintenance 6-month proration. o Police - increase in other professional services and city programs ($120,000) for contractual increases.
o Community Services - increase in class Instruction ($90,000) for additional instructor costs.
o Finance - increase in other professional services ($98,000) for CFD Administration Services.
· One-time Requests - an increase in various accounts of $3.0 million to fund one-time expenditures and operating transfers out. Notable requests include:
o Innovation & Technology - increase in office equipment furniture ($100,000) for IT department office expansion.
o Building & Safety - increase in other professional services ($170,000) for additional inspection and plan check services through Fiscal Year end. o Engineering - increase in expenditures of $320,690 primarily due to an increase in other professional services ($250,000) to Update Nexus study to evaluate DIF and City of Fontana Printed on 2/23/2023Page 3 of 8
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project needs as well as additional consulting services due to vacancies in division. o Public Works - increase in other professional services ($488,878) for various landscape, parks, and pool services.
o Police - increase in expenditures of $1.0 million primarily due to an increase in equipment maintenance ($156,830) for quick deploy cameras, an increase in other professional services ($399,585) for downlink RX side and mapping system, and an increase in land and building improvement ($215,000) for Police Department dispatch center.
o Operating Transfers Out - net increase of $834,500 primarily due to a transfer to Fleet for the purchase of a Vactor Freightliner ($722,000) for required storm drain maintenance.
Fund Balance Analysis
The recommended 2022-23 ending fund balance of $48.4 million reflects a decrease of $8.4 million. This decrease is due to a restatement of the beginning fund balance ($5.1 million) to include the required Government Accounting Standards Board (GASB) 31 for the recordation of the fair market value of the City’sinvestments and the reclassification of an accounts receivable, and the requested one-time use of fund balance as described above ($3.0 million).
Included in the fund balance of are total operating reserves of $32.4 million which consists of Contingencies of $22.9 million (which reflects 18% of recurring annual expenditures) and an Economic Uncertainty Reserve of $9.5 million (which reflects 8% of adopted revenues).
The recommended ending fund balance reserves and designations are revised as follows:
· Reserved - a net decrease of $2.4 million for a total of $375,878 to release a debt reserve of $2.5 million which is no longer required and to increase the reserves which represents inventory which is not spendable.
· PERS Rate Stability - decrease of $1.1 million for a total of $9.8 million to reflect the required GASB 31 adjustments.
· Unappropriated - decrease in the unappropriated fund balance of $5.0 million for a total of $5.8 million due to the restatement of the beginning fund balance for GASB 31 and the reclassification of an accounts receivable, and the requested one-time use of fund balance as described above.
2022-23 Budget
General Fund Balance
Proposed
Current Revisions Recommended
Reserved 2,753,532$ (2,377,654)$ 375,878$
Designated
Economic Uncertainty 9,469,586$ -$ 9,469,586$ PERS Rate Stability 10,886,393$ (1,057,924)$ 9,828,469$ Contingencies 22,941,910$ -$ 22,941,910$ Unappropriated 10,802,605$ (5,001,542)$ 5,801,063$ Ending Fund Balance 56,854,026$ (8,437,120)$ 48,416,906$ City of Fontana Printed on 2/23/2023Page 4 of 8
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Proposed
Current Revisions Recommended
Reserved 2,753,532$ (2,377,654)$ 375,878$
Designated
Economic Uncertainty 9,469,586$ -$ 9,469,586$ PERS Rate Stability 10,886,393$ (1,057,924)$ 9,828,469$ Contingencies 22,941,910$ -$ 22,941,910$ Unappropriated 10,802,605$ (5,001,542)$ 5,801,063$ Ending Fund Balance 56,854,026$ (8,437,120)$ 48,416,906$
OTHER GENERAL FUNDS
Other General Funds includes a total of 10 funds which are funded by the General Fund for services that support the City’s general operations and to record the receipt of lease revenue from the Fontana Fire District (FFD). The most notable funds include City Technology, Facility Maintenance, Self-Insurance, Retiree Medical Benefits, General Fund Operating Projects, and Lease - Fire.
The current 2022-23 Other General Funds Operating Budget includes total uses of $25.2 million and total sources of $23.2 million. The Recommended Budget includes an increase in total sources of $2.6 for a total of $25.7 million and a decrease in total uses of $205,644 for a total of $25.4 million. 2022-23 Budget
Other General Funds
Proposed
Current Revisions Recommended
Revenues 7,002,695$ 2,426,745$ 9,429,440$
Transfers In 16,153,380$ 140,000$ 16,293,380$ Total Sources 23,156,075$ 2,566,745$ 25,722,820$ Expenditures (25,211,961)$ (205,644)$ (25,417,605)$ Transfers Out -$ -$ -$ Total Uses (25,211,961)$ (205,644)$ (25,417,605)$ Results from Operations (2,055,886)$ 2,361,101$ 305,215$ Notable Changes
· City Technology - increase in appropriations of $169,884 for Tyler Munis and Net file software maintenance and other professional services.
· Facility Maintenance - increase in appropriations of $35,760 for replacing flooring in senior center.
· Lease Fire - increase in revenues of $2.4 million for the current year lease revenue per the City of Fontana Printed on 2/23/2023Page 5 of 8
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· Lease Fire - increase in revenues of $2.4 million for the current year lease revenue per the lease agreement with FFD.
OTHER CITY FUNDS
Other City Funds includes a total of 172 funds which Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds.
The current 2022-23 Other City Funds Operating Budget includes total uses of $123.5 million and total sources of $120.2 million. The Recommended Budget includes an increase in total sources of $23.1 million for a total of $143.2 million and an increase in total uses of $32.4 million for a total of $155.8 million.
2022-23 Budget
Other City Funds
Proposed
Current Revisions Recommended
Revenues 112,430,632$ 21,879,339$ 134,309,971$
Transfers In 7,754,290$ 1,174,490$ 8,928,780$ Total Sources 120,184,922$ 23,053,829$ 143,238,751$ Expenditures (109,287,707)$ (31,899,919)$ (141,187,626)$ Transfers Out (14,165,250)$ (479,990)$ (14,645,240)$ Total Uses (123,452,957)$ (32,379,909)$ (155,832,866)$ Results from Operations (3,268,035)$ (9,326,079)$ (12,594,114)$ Notable Changes
· Special Revenue Funds - requested adjustments result in a net increase in fund balance of $199,948 primarily due to:
o Federal Asset Seizure (Fund 223) - increase in appropriations of $1.2 million due to training services, tactical vest, computer software and cellular search services, as well as purchase of new cellular geo-location equipment. Additionally, there is an increase in revenues of $5.0 million to reflect the release of Federal Asset Seizure funds.
o Measure I Reimbursement (Fund 245) - increase in revenue and appropriations of $3.2 million due to additional construction funding for the Westgate at Cherry/Victoria and the Sierra Ave. widening project.
o Measure I Local (Fund 246) - increase in revenue of $1.5 million and appropriations of $3.4 million, primarily due to traffic signal projects throughout the city ($1.9 million), increase of construction costs ($1.8 million), and the pavement rehab at Maple Ave. ($272,000). Additionally, $1.2 million has been returned to the fund balance after the completion of the projects.
o Grants (Fund 301) - increase in revenue of $6.4 million and appropriations of $6.7 City of Fontana Printed on 2/23/2023Page 6 of 8
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o Grants (Fund 301) - increase in revenue of $6.4 million and appropriations of $6.7 million primarily due to the HomeKey 2 grant ($2.2 million) and San Bernardino County ARPA funded projects ($3.1 million).
o CFD#1 Southridge Village (Fund 401) - increase in appropriation of $1.0 million related to park improvements.
· Capital Project Funds - requested adjustments result in a net decrease in fund balance of $9.3 million primarily due to:
o Capital Reinvestment (Fund 601) - increase in revenues of $5.0 million related to prior year lease repayment between City and FFD.
o Capital Improvements (Fund 602) - increase in appropriations of $4.0 million primarily due to Council approved land acquisitions.
o Circulation Mitigation (Fund 630) - increase in appropriations of $1.8 million primarily due to an increase in construction contracting costs.
o Landscape Improvements (Fund 633) - increase in appropriations of $1.8 million for additional funding due to overall estimate increase.
o Park Development (Fund 635) - increase in appropriations of $6.7 million for construction costs for Miller Park fencing, two new dog parks, and overall increased construction costs.
· Enterprise Funds (Sewer) - increase in appropriations of $275,870 mainly due to additional Sewer Master Plan agreement funding.
· Internal Service Fund (Fleet Operations) - increase in appropriations of $1.3 million primarily due to purchase of Vactor freightliner ($722,000) and other vehicle purchases and retrofitting.
ORGANIZATIONAL CHANGES
Included in the 2022-23 Midyear Budget Status Report are organizational changes that are summarized at the departmental level below. The net impact of all requests is an increase of $843,480 ($400,180 General Fund increase and $443,920 Other Funds increase).
· Community Services - General Fund increase of $56,420 o Add one (1) Clerical Aide
· Innovation & Tech - General Fund increase of $170,830 o Add one (1) IT Business Analyst II
o Reclass one (1) IT Support Supervisor to IT Customer Service Manager o Reclass one (1) Cable TV Operations Assistant to AV Production Specialist o Reclass one (1) part-time CS Assistant to Sr. Audio Visual Technician o Reclass one (1) part-time Sr CS Assistant to Sr. Audio Visual Technician o Reclass one (1) part-time Sr CS Assistant to Sr. Audio Visual Technician II o Reclass one (1) part-time Sr CS Assistant to Audio Visual Technician I o Reclass one (1) part-time Sr CS Assistant to Audio Visual Technician I · Engineering - General Fund decrease of $3,020; Other Fund increase $354,060 o Downgrade one Senior Engineer to Associate Engineer
o Add two (2) Assistant Engineer
o Add one (1) Associate Engineer
o Reclassify one (1) Sr Traffic Engineer to Engineering Manager City of Fontana Printed on 2/23/2023Page 7 of 8
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Agenda #: A. Category: New Business
· Public Works - General Fund increase of $9,910; Other Funds increase of $89,240 o Add one (1) Landscape Technician I
· Police - General Fund increase of $166,040
o New one (1) part time Police Background Investigator
o Add one (1) Supervising Property Control Clerk
FISCAL IMPACT:
The fiscal impact associated with this item is summarized below and details are provided in the Midyear Budget Status Report.
Sources
Inc/(Dec)
Uses
(Inc)/Dec
Fund Bal Impact
Icr/(Dec)
General Fund 195,800$ (3,551,342)$ (3,355,542)$ Other General Funds 2,566,745$ (205,644)$ 2,361,101$ Other City Funds 23,053,829$ (32,379,909)$ (9,326,079)$ Total 25,816,374$ (36,136,895)$ (10,320,520)$
The General Fund projected ending fund balance reflects a net decrease of $8.4 million to a total of $48.4 million due to a restatement of the beginning fund balance ($5.1 million) to include the required Government Accounting Standards Board (GASB) 31 and the reclassification of an accounts receivable, and the net impact of the recommended budget adjustments.
MOTION:
Approve staff recommendation.
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Mid-Year Budget Status Report
Fiscal Year 2022/2023
*Compared to same period prior fiscal year
Finance Department February 28, 2023 Quick Look Indicators Mid-Year* See Page
Revenues
33 Expenditures 34
Fund Balance 35
City of
Fontana
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Table of Contents
Report Objectives .................................................................................................................... 3 Summary of Key Points ............................................................................................................. 4 Significant Economic Trends ....................................................................................................... 5 Project Updates ........................................................................................................................ 7 Departmental Activities ........................................................................................................... 12 Summary of Proposed General Fund Adjustments....................................................................... 30 General Fund Revenues ........................................................................................................... 33 General Fund Expenditures ...................................................................................................... 34 Fund Balance Review .............................................................................................................. 35 Organizational Changes ........................................................................................................... 36 Liability Claims ....................................................................................................................... 37 Conclusion ............................................................................................................................. 38
Schedules:
General Fund – Fund Balance Reconciliation ........................................................... 39 Unreserved Fund Balance – Other Funds ........................................................... 40 Recommended Adjustments – General Fund ........................................................... 46 Recommended Adjustments – Other Funds ........................................................... 48
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Report Objectives
The purpose of the Mid-Year Budget Status Report is to:
1. Provide the City Council with an overview of all funds;
2. Comment on significant economic trends;
3. Provide an update of current projects;
4. Report on departmental activities for prior year; and
5. Recommend budget changes to address known budget deficiencies which will materially impact fund balanc e.
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Summary of Key Points
General Fund:
Net increase in General Fund inflows of $195,800:
o Increase to Interest & Rentals of $65,000
o Increase to Recreation of $93,800
o Increase to Reimbursables of $37,000
o Increase to From Other Agencies of $10,000
o Decrease to Transfer in of $10,000
Net increase in General Fund outflows of $3,551,342:
o Recurring personnel adjustments of $599,780
o One-time personnel adjustments of ($665,901)
o New recurring requests of $649,700
o New one-time requests of $2,133,263
o Transfers to Other Funds of $834,500
Other Funds:
Additional funding for the following projects:
o $ 5,000,000 San Sevaine Project (Park Development Fund #635) o $ 2,648,100 Westgate @ Cherry/Victoria Project (Measure I 2010-40 Reimb Fund #245) o $ 1,915,000 Various Traffic Signal Projects throughout the City (Measure I 2010-2040 Local Fund #246) o $ 1,800,000 Jurupa Ave Landscape Median Project (Landscape improvements Fund #633) o $ 1,251,900 Westgate @ Cherry/Victoria Project (Circulation Mitigation Fund #630) o $ 900,000 Cellular Geo-Location Project (Federal Asset Seizure Fund #223) o $ 900,000 Miller Park Fence Project (Park Development Fund #635) o $ 500,000 Southridge Dog Parks Project (Park Development Fund #635) o $ 272,000 Maple Ave Rehab Project (Measure I 2010-2040 Local Fund #246) o $ 250,000 Ramon/Alder/Locust ATP Project (Air Quality Mgmt District Fund #241) o $ 230,000 Kathy Binks SRTS Project (Measure I 2010-2040 Local Fund #246)
This report also increases appropriations in several CFD Funds by $ 338,210 to cover weed abatement and landscape maintenance contract increases.
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Significant Economic Trends
Nationally:
The U.S. economy, Beacon Economics suggests, is not currently in a recession despite the lack of overall GDP growth.
The nation’s economy has added 4 million payroll jobs since the start of this year, the U.S. unemployment rate remains well below 4%, and the job openings rate is at 6.3%, well above pre -pandemic peak of 4.8%. The U.S. economy is operating at capacity, the exact opposite of what economists refer to as a ‘recession’.
According to Beacon Economics, today’s maladies of inflation, declining asset prices, rising interest rates, and frozen housing markets are all symptoms of the nation’s hangover from the pandemic stimulus. There is not reason to think this hangover will devolve into a full-blown recession.
The State of California:
In October, California’s economy reached a milestone, having finally recovered all of the jobs that were lost during the outset of the COVID -19 pandemic. While the state reached this milestone more slowly than the national economy, the primary reason is that California’s labor market has been in the midst of a pronounced labor shortage. Employers in the state have struggled to hire workers and fill positions.
California’s unemployment rate hit a record-low of 3.8% in September but increased to 4.1% in November on sharply slower employment growth. The state unemployment rate is forecast to increase to an average of 5.0% in 2023 and 5.4% in 2024, staying higher than the national average over the forecast horizon.
The City of Fontana:
Fiscal Year 2021/22 ended with 832 single family dwelling permits being issued. For the first half of 2022/23, 271 permits have been issued compared to 383 for the same period last year.
Third quarter 2022 sales were 5% higher than the same quarter one year ago. Strong growth continues and sales tax receipts are actually higher than pre-pandemic levels.
The Local Agency Investment Fund (LAIF) is currently paying 2.173% (daily rate) on City investments, up from 0.212% for the same time last year. The 2-year treasury benchmark rate is 4.41% up from 0.73% las year.
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Significant Economic Trends - continued
Development Related Activity
The Development Services Organization continues to thrive. Continually increasing planning activity , leading to increased permit issuance is indicative of a healthy development future. Multiple planning projects, completed plan checks and inspections performed keep the Development Services Organization on track to meet or exceed the goals set for this fiscal year.
The following statistics apply through December 31, 2022:
July - December July - December Percent
2022 2021 Change
Single family dwellings 193 307 -37%
Multi-family dwellings 225 Units 164 Units 37%
New commercial buildings - size 182,336 sq ft 60,376 202% New commercial buildings - cost valuation $25,646,564 $6,054,319 323% New industrial buildings - size 732,990 sq ft 145,528 sq ft 403% New industrial buildings - cost valuation $57.7 million $10.8 million 434% Building inspections 23,372 25,397 -7%
Total permits issued 3,685 3,574 3%
Total permit valuation $255.7 million $165.1 million 55% Plan checks 2,297 2,037 13%
New planning projects 418 325 29%
Business license review 698 537 30%
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Project Updates
NSP1 Program: Funds spent for the Neghborhood Stabilization Program (NSP1) have allowed for the purchase of 36 foreclosed homes throughout the city. The initial grant of $5.9 million and subsequent $4.6 million generated from property sale and ren t proceeds has been spent was utilities to create 19 homes that were resold and 16 rental homes to low -and-middle-income households. As of October 2022, the City staff has closed out this grant with the U.S. Department of Housing and Urban Development (HUD).
CDBG Acquisition, Rehabilitation, and Rental Program: The Housing Authority’s Community Development Block Grant (CDBG) Acquisition, Rehabilitation, and Rental Program is designed to purchase and rehabilitate single family homes to provide additional affordable housing opportunities to current and prospective residents. To date, the Housing Authority has purchased eight (8) homes with these funds. Seven (7) of those properties have been rehabilitated and leased to low-income households. The remaining home is currently undergoing the rehabilitation process and expected to be leased soon after completion. The City has funded this program for a total of $5.5 million to date.
NSP3 Program: Funds spent for the Neighborhood Stabilization Program (NSP3) have allowed for the purchase of 13 foreclosed homes throughout the city. The initial grant of $4.1 million and subsequent $1.4 million generated from property sale and rent proceeds has been spent was utilities to create four (4) homes that were resold and nine (9) rental homes to low-and-middle-income households. As of October 2022, the City staff has closed out this grant with the U.S. Department of Housing and Urban Development (HUD).
Courtplace Apartments: The Housing Authority and The Related Company have negotiated an Exclusive Negotiating Agreement to potentially purchase and develop approximately 4.78 acres of vacant land owned by the City located on Sierra Ave, between Santa Ana Avenue and Jurupa Avenue. Should the project be awarded Low-Income Housing Tax Credits in the Spring, the proposed two-phased development of 106 units should begin construction by the end of 2023.
Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program: The Housing Authority’s Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program is designed to purchase and rehabilitate residential properties to provide additional affordable housing opportunities to current and prospective residents. The Housing Authority is currently searching for properties that will meet program requirements.
Fire Station #81: As part of the Fire Master Plan, and in an effort to meet a less than five -minute response time within the District 90% of the time, Fire Station #81 will be constructed in the northern end of the City limits. The construction began in March 2022 and is estimated to be completed by May 2023.
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Project Updates – continued
Fire Station #80 (Phase 1): The training center (Phase 1) is planned to be approximately 3,300 sf with a training tower that will be incorporated into a future fire station #80 (Phase 2) planned for the same site. The design and environmental phases began in March 2021 and are still underway. Construction is expected to commence in Fall 2023.
Etiwanda Avenue/Slover Avenue Intersection Project: This intersection currently operates at an unacceptable level of service during peak periods caused primarily by heavy truck and vehicular traffic volumes. The intersection improvements will provide a means for businesses operating in Ontario and Fontana to access Etiwanda Ave with reduced delays. The project completed the right of way acquisition phase. The first phase of construction that will accommodate Southern California Edison (SCE) relocations began in March 2022. Once SCE relocations are completed the project will be ready for the intersection improvements which is expected to begin in late 2023.
Sierra Avenue Improvements between Foothill Blvd and Baseline Ave: The growth occurring in the northern and central areas of the City, with corresponding increase in traffic flows require the widening of Sierra Avenue. The project will reduce traffic congestion while meeting the City Coun cil goals by investing in infrastructure. The project is currently in Construction and is expected to be completed in late 2023.
South Fontana Sports Park: The project includes the construction of a new 17 -acre sports park with 4 lighted artificial turf fields for football and soccer use. The park will include parking, restroom, snack bar, playground, exercise equipment, shad e structures, new landscape, and storage facilities. A landscape median will also be constructed along Santa Ana Avenue as part of the project. The project began in January 2022 and entered the landscape maintenance period in December 2022. Full project acceptance is estimated in April 2023.
San Sevaine Trail Segment 2 Phase 1 Improvements: As part of the overall San Sevaine Trail Plan, this project will construct a trail between the Pacific Electric (PE) Trail in Fontana and Banyan Street in the City of Rancho Cucamonga, This approximately
1.25 mile long segment will provide for a lighted pedestrian and bicycle path along the Etiwanda Creek/San Sevaine Channels.
The entirety of the San Sevaine Trail will be the only major r egional north and south multi -user path in San Bernardino County that has the potential to extend to the Count Line and ultimately connected to the San Ana River Trail. Design is nearing completion with constructed expected to begin in Summer 2023.
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Project Updates – continued
Active Transportation Projects (ATP)-Safe Routes to School (SRTS):
• Ramona, Alder, Locust Project: This project will construct sidewalks where none currently exist filling in the gaps to provide a continuous path of travel for pedestrians along the designated corridors within the project vicinity. Separated bike lanes will also be striped. The improvements will assist in providing Safe Routes to Schools near Alder Middle School, Juniper Elementary School, Locust Elementary School and Eric Burch High School. Design was completed in December 2022 with right -of-way acquisitions completed in January 2023. Construction is estimated to begin in summer 2023.
• Fontana Gap Closure: This project will construct sidewalks where none curr ently exist filling in the gaps to provide a continuous path of travel for pedestrians along the designated corridors within the project vicinity. Separated bike lanes will also be striped and Rectangular Rapid Flashing Beacons (RRFB’s) will also be installed at designated crosswalks. The improvements will assist in providing Safe Routes to Schools near Citrus Elementary School, Truman Middle School, and Fontana High School. Design was completed in December 2022 with right -of-way acquisitions completed in January 2023. Construction is estimated to begin in summer 2023.
Transportation Development Act (TDA)-Safe Routes to School (SRTS):
• Alder Middle School Project: This project will construct sidewalks where none currently exist filling in the gaps to provide a continuous path of travel for pedestrians along the designated corridors within the project vicinity. Separated bike lanes will also be striped. Improvements will assist in providing Safe Routes to Schools near Alder Middle School.
Design and right of way acquisitions are nearing completion. Construction is estimated to begin in Summer 2023. • Kathy Binks Elementary School Project: This project will construct sidewalks where none currently exist filling in the gaps to provide a continuous path of travel for pedestrians along the designated corridors within the project vicinity.
The improvements will assist in providing Safe Routes to Schools near Kathy Binks Elementary School. Design was completed in January 2023. Construction is estimated to begin in Spring 2023.
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Project Updates – continued
Traffic Signal Improvements: Traffic signal improvements are proposed at the following locations to enhance traffic circulation throughout the City. Improvements consist of the construction of new traffic signals or the modification of existing traffic signals, intersection lighting, and minor roadway and storm drain improvements where identified. The following signals are underway:
• Arrow Ave @ Tokay Ave: Design is nearly complete with construction estimated to begin in Fall 2023 • Cherry Ave @ Highland Ave: Design is nearly complete with construction estimated to begin in Summer 2023 • N. Cherry Ave @ Live Oak Ave: Construction phase is underway with active construction estimated to begin in Summer 2023 • Citrus Ave @ Ceres Ave: Construction phase is underway with active construction estimated to begin in Summer 2023 • Citrus Ave @ Chase Ave: Construction phase is underway with active construction estimated to begin in Summer 2023 • Highland Ave @ Mango Ave: Design is nearly complete with construction estimated to begin in Fall 2023 • Miller Ave @ W. Liberty Parkway: Construction phase is underway with active construction estimated to begin in Summer 2023
Pavement Rehabilitation Program: Foothill Boulevard pavement rehabilitation project is currently in Design phase. The project will rehabilitate pavement on Foothill Boulevard between Ilex Avenue and Hemlock Avenue and side streets south of Foothill Boulevard up to the south City limits. The project is estimated to begin in May 2023. in addition, Engineering staff is currently working on a Citywide 7-year plan for pavement rehabilitation of various surface treatments.
Downtown Parking Structure Project: This Design-Build project will construct 4-level parking structure at the current Center Stage Theater Parking lot. The parking structure will provide 311 parking stalls which will serve City employees and citizens for various future downtown events. The construction of the project is expected in Fall 2023.
Sidewalk Rehabilitation Program: This annual program has identified Areas 6, 16 and 17 for rehabilitations and repairs.
Sidewalks throughout Area 6 (Southridge) and map grids for areas 16 & 17 (Village of Heritage) work will begin March 2023 and be completed by June 2023.
Valley Kaiser Sewer Project: The project is located on Valley Boulevard between Palmetto Avenue & Sierra Avenue adjacent to Kaiser Permanente. The project is to correct and install new sewer line extensions for capacity deficiencies. The improvements will include installation of new 15” Sewer Mainline on Valley Blvd adjacent to Kaiser. Construction started October 2022 and will be completed by March 2023.
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Project Updates – continued
Captain/Investigations Remodel Project: The reconfiguration of office space (approximately 863 sq ft) has been completed in the Field Services Division. This has allowed the Captain to be in closer proximity and accessible to members of the division.
Live911: Live911 technology will allow first responders to hear the 911 calls as they occur. This technology will provide Officers critical information firsthand as it is being relayed to dispatchers. The system uses Geofencing to narrow down the incident location and allows Officers to focus only on the call they are responding to. The use of this advanced technology will benefit the City of Fontana Community.
Prepared Live: Prepared Live is a software program that allows Dispatch Center personnel to see an incident through individual caller's cameras on their mobile devices. Prepared Live can be utilized during in -progress calls for service or calls where information can be captured prior to units arriving on scene. Dispatch Center personnel may use Prepared Live anytime they believe a Prepared Live view will assist them in their job duties. It is not a requirement. This includes the ability for callers to upload past video footage and/or still photos, when needed.
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Departmental Activities
City Administration
Economic Development
Assisted more than 160 Businesses
Implemented Salesforce to track conversion of business leads to leads actualized Business Leads received 23
Business Leads converted 3; totaling 316 Jobs created and approx. $36 Million in Capital Investment Managed Chamber contract which included hosting Jobs Fairs, Ribbon Cuttings and Monthly Meetings Ribbon Cuttings: 12
Job Seekers Attended- Job Fair: 134
New Business Membership: 49
Instituted new “Open for Business” Ad Campaign in Site Selection Magazine and Business Facilities Magazine to expand messaging to qualified development opportunities:
Site Selection Impressions: 41,000 (SITE SELECTION is a B2B brand that reaches individuals who manage industrial assets, including all aspects of real estate management, site selection for corporations) Business Facilities Impressions: 40,000 (BUSINESS FACILITIES is written for C-level executives, business owners, commercial real estate professionals and other executives in high-growth companies who are the primary decision-makers for the world's largest corporate expansions and relocations.) Implemented ARPA Funds for community-focused FONTANA EATS program to assist residents that have experienced insecurities due to COVID.
Fostered new partnerships:
UCR – Beacon Economic Research
State of California EDD
IEGO – Community Economic Resilience Fund
Arts Connection – Creative Corps
SBC Workforce Development
Marketing:
• Spearheaded the Mayor’s Education Coalition (Makers. Movers. Helpers. Healers.) – hosting more than 200 and 6 business tours.
o Grant Award: Amazon $10,000
• Successfully coordinated RAISE Grant Press Conference with US Secretary Pete Buttigieg • Planned and executed Nationally TV Show, Undercover Boss alongside Network Executive Producer
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Digital Marketing Stats:
1.8M Website pageviews
Increased YouTube subscribers to 1,840 subscribers which yielded 35,411 views Increased Instagram Followers to 20K
Increase Facebook followers to 22K
Increased to 6K Twitter Followers
Increased to 37K Followers
Public Affairs:
Last year, approximately $29M in federal and state funds was directed to the City of Fontana because of efforts by the City Manager’s Office. This figure is separate from the American Rescue Plan Act, CARES Act, or other formulas provided by the state.
Listed below are the major accomplishments for year 2022-2023:
Secured a $15M Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Award from the United States Department of Transportation
Facilitated a visit by United States Secretary of Transportation Pete Buttigieg to the Building a Better Connected Inland Empire project location
Secured $7M in Community Based Funding Projects (House of Representatives) and $3.25M in Congressionally Direc ted Spending (Senate)
Secured $4.1M from the California Transportation Commission’s Active Transportation Program for the Malaga Bridge Project
Secured “Funding Authorizations” ONLY in the Water Resources Development Act (WRDA) for two city projects. $12M for the Cypress Storm Drain System and $4M for the Sierra Ave Storm Water Protection Diversion System
Human Resources
Honored with a Proclamation by City Council dedicating September 26 th as Human Resources Professional Day.
Adoption of Executive Management Benefit Schedule.
Launched a Supervisor’s Toolkit for current and up-and-coming City supervisors and managers. Hosted 1st Annual New Employee Mixer to honor employees for their 1-year anniversary with the City. Awarded Classification and Compensation Study services based on the responses from the Request for Proposal process.
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Implemented the Section 125 Policy – Cafeteria Benefits. Revised and adopted the Catastrophic Leave Policy.
Held the Annual Employee Benefit Fair in person with over 325 participating employees. Completed 3rd Open Enrollment online through Employee Self-Service (ESS) portal. Processed over 7,200 benefit elections during the year. Successfully processed 1,116 leave cash out elections through ESS. Championed implementation of new City Part-Time, Seasonal & Temporary employee Retirement Plan with BenCor. Processed over 340 requests for time under the Covid Supplemental Paid Sick Leave. Reviewed and processed over 500 Vaccine Incentive requests for a total of 87.3% of all Benefited Employee receiving the incentive.
Successfully negotiated labor contracts and side letter agreements. Completed Annual Policy Review Training to all staff. Administered a total of 1,000 mandatory trainings via Vector Solutions. Conducted Diversity, Equity and Inclusion Training.
Continued to maintain a presence through diversity advertising platforms to enhance and diversify the applicant pool that yielded over 7,500 job views.
Continued working in collaboration with the Police Department, recruited, hired/promoted and onboarded various Police Officers.
Over 2,500 visitors checked-in the Human Resources department through our newly installed kiosk; 35% of the visitors interviewed for a position.
Processed more than 1,800 personnel action items for a 120% increase from 2021. Processed over 150 job requisitions to fill departmental staff vacancies. Received and processed over 6,000 applications from our online application system, NeoGov. Hired approximately 65 Full-Time and 200 Part-Time new employees. Successfully promoted 52 Full-Time and 22 Part-Time employees. Successfully processed 25 Full-Time CalPERS retirements. Participated in twelve (12) After School Para-Professional testing events with the Fontana Adult School with 100 attendees.
Conducted over 20 classification and compensation reviews. Completed over 60 requests for organizational changes. Successfully conducted over 20 written examinations and tested over 1,300 applicants via online exam platform, eSkill.
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Processed approximately 200 employment verifications. Recognized 110 employees at annual Service Awards ceremony (5 to 35 years of continuous service). Administered 12 monthly safety trainings via TargetSolutions, resulting in 5,000 training completions. Streamlined antiquated processes with the development of the Request for Personnel Action. In accordance with the Federal Motor Carrier Safety Administration, completed random controlled substance and alcohol testing for Commercial Motor Vehicle drivers.
Completed annual CHP audit and conducted annual Clearinghouse queries for 60+ Commercial Motor Vehicle drivers. Submitted required Occupational Employee Wage Statistics to EDD. Successfully completed the Rideshare Rule 2202 Annual Plan timely. Notably executive positions that were recruited, hired, and onboarded:
Director of Public Works/City Engineer
Director of Building and Safety
Chief of Police
Deputy Financial Officer
Homeless Solutions Manager
Risk Management
Created new Risk Dashboard on Power BI app, that highlights monthly KPI data for Workers’ Compensation and General Liability claims.
Implemented a new Medical Provider Network (MPN) for employee work related injuries. Awarded JT2 with RFP as third-party administrator for all work related injuries and administration of program. Received and processed 89 new Worker’s Compensation claims. Received and processed 54 new General Liability claims. Held CPR/AED training for 66 employees throughout each department. Developed Emergency Flip Charts to be utilized Citywide. Completed 25 ergonomic assessments for City employees to prevent injuries and assist with overall wellness. Conducted various LCW training workshops (27 employees). Facilitated various Safety meetings (100 employees).
Provided Incident/Accident Investigation training to managers, supervisors and department directors. Revised and implemented a comprehensive accident and investigation form for managers. Safety Training assigned to all employees – via Vector Solutions online.
Some topics include but not limited to:
Accident Prevention & Behavior Based Safety Observations
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Bloodborne Pathogen
Electrical Safety Awareness
Evacuation
Fire Prevention Plan
Active Training Shooter – Table exercise
Recovered $54,878 for the City for COVID 19 Business Interruption insurance claim. Incorporated new Injury and Illness Prevention Program (IIPP) training into new hire orientation sessions. Performed safety site hazard assessment at the Public Works Department.
City Clerk
Processed and completed 848 Public Records Requests within 10 days. Posted 46 agendas (Council & Committee).
Indexed and scanned a total of 39,519 pages.
Processed 124 Resolutions and 23Ordinances.
Presented 25 Proclamations and 469 certificates.
Processed 105 Claims for Damages
Successfully completed the 2021 Redistricting process Successfully implemented and launched the new E-Filing System for Statements of Economic Interests and Campaign Disclosures, NetFile Inc.
Conducted the 2022 general municipal election on November 8, 2022, with roughly a 33%% voter turnout with 109,109 registered voters within the City of Fontana.
Community Services
Aquatics
2,444 Swim Lessons conducted at Don Day, Fontana Park Aquatic Center and the Miller Pools. 18,645 Rec Swim participants swam at Don Day Pool, the Fontana Park Aquatic Center, the Martin Tudor Splash Park and Miller Pool.
6,207 individuals participated in Drop-in fitness programs such as Aquarobics and Lap Swim at Miller Pool and the Fontana Park Aquatic Center.
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Sports: Pee Wee / Youth / Athletic Fields
Pee Sports –603 participants:
o 1 season of T-ball at Hunters Ridge Park and Southridge Park o 1 seasons of soccer at Central City Park and Southridge Park. Youth Sports –580 participants:
o 1 seasons of Basketball at the Jessie Turner Gymnasium. o 1 season of roller hockey at the Fontana Park Sports Pavilion. o 1 season of middle school volleyball.
Athletic Fields
o 1,355 number of ball field permits.
o 6,247 number of fields rented.
o 22,246number of hours allocated.
o Miller Fitness have welcomed 827 visitors.
Special Events
4th of July was held in person at a new location, Miller Park Amphitheater. Over 5,000 community members enjoyed the festivities as they danced the night away to Yachtley Crew. (3) Fontana Car Shows with over 550 people in attendance at each event. (4) Summer Concerts were held every Thursday night from July 7th – July 28th. Each week over 1,500 community members danced the night away to a different band.
(3) Family Fun Nights were held at different neighborhood parks and over 200 members enjoyed this family -friendly event that concluded with a movie under the stars.
The City of Fontana’s first-ever Spring Street Night Market was held October 14th in downtown Sierra. About 2,000 community members were in attendance as they enjoyed music, live entertainment, graffiti art, jumpers, crafts, and a beer and wine garden.
The Annual Tree Lighting Ceremony took place in front of City Hall, where we were joined by over 200 community members.
The Fontana Christmas Parade had over 6,000 spectators that enjoyed the event. Over 2,500 residents joined in the holiday fun at Festival of Winter. (9) Co-Sponsorships served over 10,600 residents in the community from July thru December.
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Nature Center
As a fieldtrip destination, the Nature Center provided educational programming for 1700 students from 25 different local schools.
The Nature Center hosted Public Lands Day with over 100 community volunteers planting California Native Plants.
The Nature Center provided educational programs for 2,290 students at 34 FUSD Schools through the FELP program, visiting each site on three separate occasions with different science-related programming. The Nature Center hosted a Summer Camp for 4 weeks in the Month of July with 40 students per week. The Nature Center hosted a Teacher Clinic for FUSD Giving Materials and Lesson Plans to 10 Science Teachers in the district.
Cultural Arts
Saw the return of an in-person Fontana Art Festival. The festival included live performers, food trucks, artisan craft and professional artist vendors. The Cultural Arts program hosted two Create and Print booths and an Imagination Studio booth. There was a play area for kids, a chalk board display, face painting stations, and a free caricature artist. The Fontana Art Festival had more than 2,000 community members in attendance. Hosted 4 exhibitions at the Art Depot Gallery, Fontana Community Senior Center and Grover W. Taylor Council Chambers.
Hosted recreational classes at the Art Depot Gallery and Koehler Gallery, which included 10 Drawing 101, 2 Ceramics, and 1 Pottery Wheel for approximately 222 participants. The Art Depot Gallery hosted Visual Arts Programming, which included 7 PJ Paint nights, 6 Little Tyke Paint Night, 4 AIY Artistry, 1 Arts Master’s Program, 2 Artist Showcase Workshop, and 20 in-person Imagination Studio/SNAP appointments for approximately 321 participants.
Fontana Arts Camp ran for 4 weeks with 144 participants enjoying the visual and performing arts camp. Fontana Arts participants 13 Outreach Events throughout the City of Fontana where they handed out art -kits and hosted in-person art activities, interacting with more than 12,400 community members. The Fontana Arts program expanded on its programming this year with two new events, Dance Fontana and Singing Outdoor Movies where community members would attend a free family event that included music, art projects, and dancing. With 2 events total held in July, more than 120 participants joined Fontana Arts for some fun outdoor activities.
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Fontana Arts hosted the annual Hispanic Heritage Festival celebrating art, music, dance, and culture with more than 2,000 community members in attendance. This year, a beer and wine garden were added and really brought a unique feel to the event. Held at the Miller Park Amphitheater, the main stage hosted musical performances from Ellas and Yamila Guerra.
In November, the Cultural Arts team brought a much-anticipated event to the South end, Dia De Los Muertos. Held at Southridge Park, more than 300 attendees participated in various art activities celebrating life and honoring those who have passed with a community ofrenda, face painting, food vendors, music, and a video explaining the significance of Dia De Los Muertos.
The Youth Community Theater came back after the hiatus with Lion King, Jr. With a cast of 53 community youth and more than 1,243 tickets sold, Youth Community Theater was able to come back with a mighty roar.
Marketing and Communications
Introduced new system Marketing Cloud to deliver communications electronically to 9,200 subscribers. Distributed 25 news announcements including the monthly CSD email newsletter and Healthy Fontana news. Distributed 18 press releases notifying the public of City's Community Services Department programs, events, and facilities.
Increased Community Services Department presence on social media through new management softwa re Sprout Social. o Curated engaging, informative, and visually appealing content that highlights the services, programs, and events offered through Community Services Department.
o Produced over 1,000 Community Services Department related posts with over 100,000 engagements and 3.2 million impressions.
o Social Media Audience (subscribers/followers) grew to more than 2,100 community members. Promoted 13 campaigns – Fontana Arts Festival, Summer Concerts, Car Shows, Family Fun Nights, Let’s Move on the Trail, Farmers’ Markets, Garden Workshops, Open Enrollment Health Fair, Hispanic Heritage Festival, Spring Street Night Market, Halloween Festivities, Veterans Day Celebration & Writing Contest, and winter activities (Festival of Winter, Christmas Parade, and Tree Lighting Ceremony).
Hosted information booth at 10 city wide events to promote the Community Services Department to the community.
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Produced 2 City of Fontana Community Services Department Activity Brochures (Fall 2022 and Winter/Spring 2023) that were distributed at 16 public facilities and more than 120,000 issues delivered to Fontana homes.
Fontana Expanded Learning Program
The program has served more than 1,701 registered youth at 33 sites between July and December. FELP hosted a summer staff development for 94 staff members where they received training that focused on Special Education classroom management, active shooter safety procedures, safety and social emotional learning and enrichment lessons/programming.
FELP hosted Lights on After School virtual programs at 33 school sites, a nationwide event meant to call attention to the importance of after school programs.
FELP hosted 33 Winter Celebration events/activities in December. FELP has implemented Mary Vagle Nature Center, LEAP (Lead Education and Art Program), and Healthy Fontana Curriculums in 33 school sites.
FELP has implemented ELO-P clubs ranging from ballet folklorico, culinary arts, coding, and video productions.
Mayors Youth Advisory Council
The council has 49 active members.
Council has hosted 12 meetings (6 general meetings and 6 special presentations) between July and December. MYAC hosted a Strategic Planning meeting collaboration with Mayor Warren. MYAC members held a team building activity at CSUSB Leadership Rope Course in October. MYAC members have completed over 700 hours of community services. MYAC members have volunteered at following events:
o Halloween Spooktacular (October) o Fontana Car Show (September and October) o La Gran Fiesta (October) o Eat and Be Well (November) o Let’s Move on the Trail (October) o Festival of Winter (December) o National Public Lands Day (September)
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Senior Services
13,017 meals prepared and distributed to senior community members. 12,205 senior enrollments in various programs, classes, and events. 7,633 senior volunteer hours accounted, assisting in senior programming saving the City an estimated $192,733.
Healthy Fontana
2,597 youth received nutrition and physical education through Summer Camp and after-school programming. Participated in 157 outreach programs including Fontana Expanded Learning Program, Summer Camp, and Community Events (including Fontana Walks, Farmers’ Markets, and Health Fairs). 10th Annual Let’s Move on the Trail had over 1,200 attendees and featured over 45 community partners including Fontana Police Department and Fire Station #71.
Published 6 monthly electronic Healthy Fontana Newsletters distributed to over 9,200 recipients. Fontana Walks has accumulated over 12.3 billion steps with over 3,700 registered human and pet participants since inception Neighborhood and Community Centers
The Department provided Summer Camp to 1,633 campers. The Neighborhood & Specialty Community Centers have attracted 5,050 registered participants during 83 unique class types provided.
The Neighborhood Community Centers had a combined total of 393 private rentals, 38 internal rentals, 2 co-sponsored rentals, and 4 Joint-Use rentals.
Above the Limits, the City’s special needs program, had 9 events with 514 attending. Jessie Turner Center served as a polling location for the General Election on Tuesday, November 8, 2022. Halloween events, “Trick-or-Treat Alley,” were offered at the Don Day, Cypress, and Jessie Turner Centers in addition to a “Halloween Howl” evet hosted at Jessie Turner, with a total attendance of 4,341. The Little Free Library, a free book-sharing activity located at Don Day Center, had a total of 1,457 books circulated. A Public Safety Power Shut-off (PSPS) Event was hosted by Southern California Edison Company at the Jessie Turner Center on October 24, 2022.
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Skate Nights were offered at Fontana Park Pavilion and had 1,000 community attend events during the month of July. The Jessie Turner Center Gymnasium served 2,838 community members. The Jessie Turner Fitness Room had 118 memberships with a total attendance of 3,307 The Computer Labs at Jessie Turner and Heritage Centers had a combined total usage by 8,648 community members. Pictures with Santa events were offered at the Don Day, Heritage, and Jessie Turner Centers with a total of 304 residents in attendance.
1,322 enrollees in the Tiny Tot Program at Don Day, Heritage, and Jessie Turner Centers for age group 3- to 5-year-olds.
Information Technology
New Planning and Permitting System - In 2021 the Innovation and Technology department began efforts to improve business processes in the land management and permitting sy stems. During the pandemic it became clear that paper processes were no longer an effective way of serving our residents nor business partners. The city wished to replace the existing solution with an improved digital solution to meet the needs of city employees, residents, and businesses. Over the course of a year, city staff reviewed processes and gathered requirements for a new solution.
A new solution was selected in late 2021 to help improve processes in the land management and permitting system space. Throughout 2022 the IT department has continued to lead this project working alongside almost every city department to ensure the new solution will be tailored to meet the city of Fontana’s needs in this space. This project has been a 3- year effort and we are now nearing the tail -end of the project. The new, improved solution will seamlessly connect with surrounding systems, assist customers with an easy-to-use interface, ensure city employees process requests in a consistent and efficient manner, and provide dynamic insights to internal operations. The new solution is expected to go-live in the spring of 2023.
Fontana 311 System - The City of Fontana is in the process of developing and implementing the Fontana 311 system to improve communication and streamline services to its Residents and Businesses by bringing all customer interactions to one central location.
The Fontana 311 system will be a one -stop shop for businesses and residents to file complaints, get answers to questions, keep residents informed and improve citizen engagement. The IT department working alongside our Marketing and Communications office has led a project this year to develop a system for Fontana. The project is
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being led by the Innovation and Technology department and sponsored by our Communications and Marketing office.
There has been extensive work throughout this calendar year with almost every city department to ensure all city services are captured within the application.
Residents will be able to call 311, use a website or our 311 app to make that first request and then see it through to completion. The Fontana 311 system will allow staff to track requests from initiation to completion. The Fontana 311 system is scheduled to go-live in December of 2022.
• Fleet Management System - The City of Fontana implemented the IntelliHub fleet/vehicle tracking system by Forward Thinking Solutions (FTS) to help track locations and usage of our operational fleet assets. The city did not have a way to locate vehicles or fleet-type equipment when stolen or during emergencies. The system also provides valuable vehicle metric information such as current odometer readings, idle time, and fuel efficiency, and helps schedule needed maintenance. This new solution has given our Public Works Fleet Management division the ability to track one of the city’s most expensive asset types, our fleet. The solution has also allowed staff to save valuable time during emergency/disaster-type events in finding current locations of needed or what equipment is nearest to a specific need. This solution has increased efficiencies in the fleet maintenance process.
• Improved Marketing and Communications Tools - The Marketing and Communications office is the “voice of the city” and as such, it is imperative the team have technology that will supports its efforts. Staff in the IT department worked with our Marketing and Communication department this year to transition off outdated technology and onto new solutions that will allow the team to streamline processes. New tools will help our marketing department send campaigns in detail to be targeted groups (citizens, business, employees, etc.) relaying the message to the group of interest. It will provide statics to the marketing dept of how many people clicked and read the email, what interests are people in. The new solution will automate existing processes and give the department the analytics needed to ensure successful campaigns for our city.
Another solution that was put in place is Sprout Social which will replace three platforms that were in use to manage our social media and give employees with social media access better tools to manage city social media pages. Sprout Social harnesses social conversations that enable businesses to listen, analyze, publish, and engage with
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constituents on a personal level, which helps improve overall interaction, as well as better returns for the organization as well.
• Cypress Center Audio Visual System - The Cypress Neighborhood Center Multipurpose Room serves as a multi - functional space that can be used for a variety of rental opportunities. Residents, businesses, and private parties have the opportunity to rent the sp acious room for conferences, luncheons, speaking engagements, award ceremonies, performances, birthday parties, weddings, and family gatherings. Full usage of the Cypress Neighborhood Center Multipurpose Room can accommodate up to 286 people theater style and 130 with chairs and tables.
During this calendar year, the IT department worked alongside Community Services staff to bring a new audio - visual to the center’s multipurpose room. The new state -of-the-art system offers residents and business partners the opportunity to use the room in various layouts with some of the latest audiovisual technology. This has brought a much-needed improvement to a center that is now anchored by Central City Park and has seen an increase in activity by both local residents and business partners.
• Strengthened Cybersecurity Posture - During this calendar year, the Innovation and Technology department took significant strides to strengthen the city’s cybersecurity posture. As the city’s network expands, both in size and number of users, the effort needed to properly secure and monitor the network from cybersecurity threats increases. Following the results of an assessment, the IT department evaluated various solutions in network detection and response and endpoint detection and response. The solution that was selected combined networ k detection and response solution in one. The solution was funded by ARPA funds as part of a larger effort by the department to expand public Wi -Fi at community centers and parks to provide broader access to Wi -Fi to the residents of the City of Fontana and visitors of Fontana’s facilities. Expanded access to Wi -Fi better supports the students that use Fontana’s facilities after school, during school for remote learning, or for independent learning programs. Expanded Wi-Fi at the City’s community centers and parks also puts the city in a better position to provide Internet access to members of the public during disasters or safety concerns when the centers are used as evacuation centers or shelters, affording them better access to news, loved ones, and resources.
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Given the challenges with supply chain disruption brought on by COVID, the large effort to expand the wireless network will not be completed until 2023.
Internal Developments:
o Vulnerable Persons Registry
The IT Department worked alongside our Police Department to develop a Vulnerable Person Registry.
This Vulnerable Person Registry is a free, voluntary service offered by the Fontana Police Department to promote better communication and contact between vulnerable persons, those who love and support them, and the police. This registry allows for quick access to valuable, critical information about the vulnerable individual, which may be used during interactions with a vulnerable person.
The voluntary registry will retain information on whom our Police Department should try to call if permittable in an emergency, allow for detailed descriptions of the vulnerable person, known sensitivities, preferences for communication, best methods of approach, suggestions for de -escalation techniques, and much more.
The information in the registry will assist officers in communicating with, attending a residence of, or responding to an emergency involving a vulnerable person that is registered.
Visit our website to learn more: Vulnerable Persons Registry | Fontana, CA - Official Website Finance
Community Facilities District No. 95(Summit @ Rosena Phase 2) issued $9.3 million of Special Tax Bonds to finance the acquisition of public facilities within the district.
Community Facilities District No. 106(Mountainview) issued $6.9 million of Special Tax Bonds to finance the acquisition of public facilities within the district.
Formation of Community Facilities District (CFD) #109 Narra Hills to provide maintenance of street lights, landscaping, parks and parkways.
Formation of Community Facilities District (CFD) #110M to provide maintenance of street lights, landscaping, parks and parkways.
Formation of Community Facilities District (CFD) #111 Monterado to provide maintenance of street lights, landscaping, parks and parkways.
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Levied $19.00 million on approximately 32,727 parcels in maintenance districts to fund landscape, lighting & park costs. Levied $15.80 million on approximately 8,091 parcels in bond district to pay debt service. Updated Purchasing Policy and Procedure Manual in December 2022 Updated the Fontana Municipal Code Chapter 10 Article V. Purchasing in December 2022 Processed 1,067 Purchasing Orders, 105 Formal Bids and 432 Contracts
Development Services
The Development Services Organization consistently strives to provide a high level of customer service. The organization is committed to partnering with residents, developers and interdepartmentally to assure successful development throughout the City.
Planning
Achieved Pro-Housing Designation from the state
Approved of updates to the Ventana Specific Plan.
Approved multiple industrial projects totaling 4,807,441 square feet and commercial projects totaling 487,253 commercial square feet within mixed use (Ventana, Alta Fontana) and stand-alone projects (Chipotle, Dutch Brothers).
Approved 428 Single Family Homes and 1470 Multi-Family units Selection of approved entitlement projects:
106 multi-family affordable unit complex with various amenities (Sierra/south of Slover Ave). 406 multi-family unit complex with various amenities including a rooftop pool (Begonia project, Foothill@Tokay) A new mixed-use project with 340 units, 4 live work units and a commercial component; amenities to include a pedestrian plaza, indoor courtyards, clubroom, and pool courtyard; Foothill Blvd@LiveOak). 3 new Lennar residential projects: Sobrato (143 attached and detached units), Citrus East (75 cluster -style detached units), and Citrus West (85 residential units) Ongoing work related to updating/streamlining the Development Code, including removal of the DAB process. Ongoing work related to the SB2 State Planning Grant to accelerate housing production, associated civic and commercial development, and walkability in the Downtown.
Ongoing work on updates to the Westgate Specific Plan Ongoing environmental support to Engineering and Public Works departments. Enhancements to City’s project map (MCN map) and ongoing additions/improvements. Trained staff for implementation of Accela software program for tracking entitlements Assisted 1,759 customers over the phone and exchanged 4,090 Planning related emails.
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Building and Safety
Issued 193 permits for single family dwellings, including 58 accessory dwelling (ADU) and 39 multiple family dwelling permits for a total of 225 units, and 3,685 total permits overall. Reviewed and processed 297 plan checks in the first half of the fiscal year: including new as well as subsequent submittals. Performed 23,372 inspections on residential, commercial, and industrial projects. Issued 7 industrial building permits at 732,990 square feet and a total valuation of $57,762,567.
Helped over 3,426 Building and Safety customers at the public counter.
Code Compliance
Responded to 1,056 code compliance cases and closed a total of 1,295 code compliance cases Billed a total of $211,200.28 and recovered a total of $214,781.30 in code compliance cases. Opened 1,309 weed/rubbish abatement cases.
Billed a total of $66,000.39 and recovered a total of 65,294.39 for weed abatement cases Current active zoning cases 1,418
Issued 85 yard sale permits.
Public Works/Engineering
Trimmed 10,508 street trees.
Removed 117,431 square feet of graffiti City-wide.
Swept 15,008 curb miles of streets.
Filled approximately 1950 potholes, and replaced/installed 386 street signs were Conducted 229 commercial and industrial pretreatment inspections. Completed 329 curbside used oil pickups collecting 1,186 gallons of used oil and 466 oil filters. Cleaned 624,750 linear feet of sewer mainline.
Awarded Construction contract for the Citrus Ave at Ceres Ave traffic signal project. Awarded Construction contract for the Cherry Ave at Live Oak Ave traffic signal project. Awarded Construction contract for the W. Liberty Pkwy at Miller Ave traffic signal project. Awarded Construction contract for the Citrus Ave at Chase Ave traffic signal project. Began construction of the Sierra Ave Widening Project Began construction of the PD Fence Project
Continued construction of Phase I of Etiwanda Avenue at Slover Avenue Intersection Widening Project. Continued construction of Fire Station 81 project.
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Departmental Activities – continued
Began preliminary design for the Downtown Parking Structure Project Began preliminary design for the City Hall Renovation Phase 1 Project Began design for Foothill Blvd Pavement Rehabilitation Project. Continued design for the Cypress Storm Drain project. Continued design and environmental for Foothill from Almeria to Hemlock (Malaga Bridge). Continued design for Fire Station 80 Training Center project. Continued design for Arrow Ave at Tokay Ave traffic signal project. Continued design and right of way acquisition for the Fontana Gap Closure Safe Routes to School Project Continued design for the Arrow Ave at Cypress Ave traffic signal project. Continued design for the Jurupa Ave Median Landscape project. Continued design and right of way acquisition for the San Sevaine Trail project. Continued utility coordination for S. Highland Ave at Mango Ave traffic signal project. Continued right of way coordination for the Etiwanda Ave at Slover Ave Intersection Widening Project. Continued right of way acquisition for Alder Middle School Project Substantially completed construction of the South Fontana Park Project. Substantially completed construction of the Valley Ave at Almond Ave Traffic Signal Project. Completed construction of the Valley Ave at Oleander Ave Traffic Signal Project. Completed construction of the TDA Bus Stop Improvement Project Completed construction of the Foothill Blvd at Alder Ave curb ramp Project Completed design and right of way acquisition for the Ramona Ave, Alder Ave, and Locust Ave Safe Routes to School Continued design for the Sierra Ave at Riverside Ave Traffic signal.
Housing Authority
• The Housing Authority’s Housing Rehabilitation Program (HRP) is funded annually with Community Development Block Grant (CDBG) funds. The program is designed to assist low- and moderate-income residents of owner-occupied homes, to preserve their housing by making needed repairs and code violation corrections. Assistance is offered as a grant and/or 0% interest, no payment loan. There are currently 24 applicants in various stages of processing. To date, approximately $1.7 million has been spent for current and completed applicants since 2016. A total of 80 residents have successfully obtained assistance through HRP.
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Mid-Year Budget Status Report – 2022/2023 February 28, 2023
Departmental Activities – continued
Implemented COVID-19 related assistance programs with funding provided by the CARES Act under Community Development Block Grant-Coronavirus (CDBG-CV). The Emergency Rental & Mortgage Assistance (ERMA) program provides grants for up to $20,000 for rent, mortgage, and utility assistance to low- and moderate-income residents that have been financially impacted by the Pandemic. To date, approximately $1.6 million has been approved and/or paid for qualified applicants since August 2020.
A total of 247 resident households have successfully obtained assistance through ERMA. Received $2,343,005 provided by the CARES Act under the Emergency Solutions Grant-Coronavirus (ESG-CV) to measure to prevent, prepare for, and respond to the COVID-19 pandemic among individuals and families who are homeless or receiving homeless assistance and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts created by coronavirus under the Emergency Solutions Grants program. The funds have been utilized by Water of Life to provide the following services: homelessness prevention, rapid re-housing, emergency shelter, and street outreach.
Additionally, the Housing Authority purchased a property for a temporary emergency shelter which will be utilized as a interim housing facility for homeless seniors and families with children. To date, approximately $1.6 million has been spent on these services.
The City was awarded $2.8 million from the California Interagency Council on Homeless Family Homelessness Challenge Grant in June 2022. These funds will be utilized to provide continued support for homeless assistance, interim housing activities, and construction of additional units to be used as an interim housing facility for homeless seniors and families with children.
The City was awarded CalHome Program funds from the State of California Housing & Community Development (HCD) in the amount of $500,000. These funds will be primarily utilized to assist low-income mobile home residents to preserve their housing by making needed repairs. Assistance is offered as 0% interest, no payment forgivable loan. The program is anticipated to be launched in February 2023.
Police Department
Awarded 2017, 2018, 2019, 2020, 2021, 2022 Justice of Bureau of Justice Assistance Grant (JAG) in the amount of $259,109 . Due to litigation, grant funding was on hold and released in 2022. Applied for the 2023 Homeland Security Grant Program in the amount of $47,072. Awarded the 2023 Office of Traffic Safety (OTS) Grant in the amount of $327,000. Applied for the 2024 Office of Traffic Safety (OTS) Grant in the amount of $330,000. Awarded Officer Wellness Grant from Board of State and Community Corrections (BSCC) in the amount of $136.204.04
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Mid-Year Budget Status Report – 2022/2023 February 28, 2023
Summary of Proposed General Fund Adjustments
The Mid-Year Budget Report recommends the following General Fund budget adjustments:
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Mid-Year Budget Status Report – 2022/2023 February 28, 2023
Summary of Proposed General Fund Adjustments
(continued)
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Mid-Year Budget Status Report – 2022/2023 February 28, 2023
Summary of Proposed General Fund Adjustments
(continued)
Although budget adjustments are recommended across all City funds, the emphasis of the Mid-Year Budget Report is directed at the General Fund. The General Fund provides most of the services commonly associated with government (public safety, recreation, parks, building and planning). This report concentrates on budget trends and issues that impact the delivery of services.
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Mid-Year Budget Status Report – 2022/2023 February 28, 2023
General Fund Revenues
Revenues continue to be monitored on a monthly basis. A net General Fund revenue increase of $205,800 is recommended as part of the Mid-Year Budget Report. See page 46 for details of the revenue adjustments.
NOTE: Property Tax in-lieu of VLF collections are lagging due to the State’s distribution which provides for lump-sum payments in January and May. Interest revenue is received starting in October and is followed by a year-end accrual for a full twelve months of interest. A large number of Business Licenses are renewable in December.
A large share of Franchise revenues are received annually in the month of April. When adjusted for these anomalies, the percent of recommended budget received is
48.08%.
Current Percent of Recommended Recommended Percent of Budget Received Current Budget Recommended
Adopted Before as of Budget Mid-Year After Budget
Revenue Source Budget Adjustments 12/31/2022 Received Adjustments Adjustments Received Sales Tax $48,206,100 $55,656,480 $29,674,354 53.32% $55,656,480 53.32% Property Tax 32,745,000 33,545,000 2,439,732 7.27% 33,545,000 7.27% Interest & Rentals 3,785,850 4,185,850 327,427 7.82% 65,000 4,250,850 7.70% Franchises 7,100,000 8,515,270 3,624,974 42.57% 8,515,270 42.57% Business Related 7,062,200 8,066,230 3,917,297 48.56% 8,066,230 48.56% Development Related 10,682,200 14,287,220 5,619,104 39.33% 14,287,220 39.33% Recreation 3,966,690 3,916,690 1,577,998 40.29% 93,800 4,010,490 39.35% Motor Vehicle in-Lieu 1,000,000 1,000,000 0 0.00% 1,000,000 0.00% Misc Revenues 2,912,870 2,934,550 1,347,750 45.93% 2,934,550 45.93% Reimbursables 1,543,550 1,667,259 712,434 42.73% $37,000 1,704,259 41.80% From Other Agencies 4,356,050 4,354,740 1,987,220 45.63% 10,000 4,364,740 45.53% Total General Fund $123,360,510 $138,129,289 $51,228,290 37.09% $205,800 $138,335,089 37.03%