Fontana City Council
October 10, 2023

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City of Fontana
NORTH HERITAGE CIRCLE PHASE 1 FIBER OPTIC INSTALLATION PLAN PROJECT (SB-147-DE-23), bidding on 08/31/2023 2:00 PM (PDT)

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City of Fontana
NORTH HERITAGE CIRCLE PHASE 1 FIBER OPTIC INSTALLATION PLAN PROJECT (SB-147-DE-23), bidding on 08/31/2023 2:00 PM (PDT)

Printed 09/06/2023
PlanetBids
246
City of Fontana
NORTH HERITAGE CIRCLE PHASE 1 FIBER OPTIC INSTALLATION PLAN PROJECT (SB-147-DE-23), bidding on 08/31/2023 2:00 PM (PDT)

Printed 09/06/2023
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247
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2483 Agenda Date: 10/10/2023
Agenda #: E. Category: Consent Calendar
FROM:

Economic Development
SUBJECT:

California Department of General Service (DGS) MOU Agreement- Small Business Certification Program.

RECOMMENDATION:

1. Approve and authorize the City Manager to execute a reciprocity partner MOU agreement with the California Department of General Services.

COUNCIL GOALS:
· Promote economic development by establishing inter-governmental relationships and positive working relationships with other public agencies providing services to local businesses.

DISCUSSION:

In 2019, the California Department of General Services (DGS) - Procurement Division, along with the Office of Small Business and Disabled Veteran Business Enterprise Services, launched an initiative intended to certify qualifying small businesses. These benefits of the certification grant businesses designation, enabling businesses to access special procurement opportunities not only within the State but also among “reciprocity” partners.

Most businesses in Fontana have a relatively small number of employees, which puts them in a favorable position to meet the specified requirements for participating in the certification program and accessing governmental procurement opportunities.

In adopting the Reciprocity Partner MOU, the City of Fontana agrees to the following:
· To refer small businesses and disabled veteran businesses enterprises to the State Certification Program
· To make efforts to provide workshops, in partnership with each other to certify more businesses
· To provide preferential points to certified businesses within the California DSG Network (specified point availability will be allotted based on RFP / RFQ scoring requirements with a minimum of one (1) percent)
· To provide the State with an annual fiscal report of total procurement dollars broken down by certification type and award amount
Economic Development staff will take the lead in promoting program awareness, organizing workshops, managing program registration, and monitoring progress, all of which will serve as advantageous offerings to businesses rooted in the Fontana community. This proactive endeavor City of Fontana Printed on 10/5/2023Page 1 of 2
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File #: 21-2483 Agenda Date: 10/10/2023
Agenda #: E. Category: Consent Calendar
advantageous offerings to businesses rooted in the Fontana community. This proactive endeavor positions Fontana as a pioneer in the region. By doing so, the City is poised to showcase the capabilities of local Fontana small businesses in accessing government procurement opportunities.

Requirements for Certification program:

Small Business - Public Works (SB-PW) Eligibility Requirements:
· Be independently owned and operated;
· Not dominant in the field of operation;
· Principal office located in California;
· Owners, Officers, Members/Managers, Partners must be domiciled in California; · Average $37 million or less in gross annual receipts over the last three tax years (including affiliates);
· A business with 200 or fewer employees (including affiliates) Small Business (SB) Certification Eligibility Requirements · Be independently owned and operated;
· Not dominant in field of operation;
· Principal office located in California;
· Owners (officers, if a corporation) domiciled in California; and, · Including affiliates, be either,
· A business with 100 or fewer employees; an average annual gross receipt of $16 million or less, over the last three tax years;
· A manufacturer* with 100 or fewer employees; or,
· A micro business - a small business will automatically be designated as a micro business, if gross annual receipts are $5,000,000 or less; or the small business is a manufacturer with 25 or fewer employees
Disabled Veteran Business Enterprise (DVBE) Certification Eligibility Requirements · A veteran of the U.S. military, naval, or air service; · The veteran must have a service-connected disability of at least 10 percent or more; and · The veteran must reside in California.
· To be certified as a DVBE, the firm must meet the following requirements:
o Must be at least 51 percent owned by one or more disabled veterans; o Effective 1/1/2004, per Public Contract Code - DVBE limited liability companies must be wholly owned by one or more disabled veterans.
o Daily business operations must be managed and controlled by one or more disabled veterans.

FISCAL IMPACT:

No Fiscal Impact.

MOTION:

Approve Staff Recommendation.

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Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940

Memorandum of Understanding
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the City of Fontana (hereinafter "City"), and the State of California, Department of General Services, Procurement Division, Office of Small Business and Disabled Veteran Business Enterprise Services (hereinafter "State").

RECITALS
Whereas, the State certifies eligible California small businesses for the State's 25 percent participation program and disabled veteran business enterprises for the State's three (3) percent participation program;
Whereas, the State maintains databases of firms certified as small businesses and disabled veteran business enterprises for the purpose of its own programs; Whereas, the City accepts the State’s Small Business (SB), Small Business for the Purpose of Public Works (SB -PW) and Disabled Veteran Business Enterprise (DVBE) certifications in an effort to maximize efficiently the participation of SBs, SB- PWs, and DVBEs in the City’s contracting process;
Whereas, the State ha s developed a certification reciprocity program in order to increase efficiencies and maximize the population of certified small businesses and/or disabled veteran business enterprises in the State's database; and
Whereas, this program will allow the City to use the State 's database in accessing certified businesses (via public data queries) thereby allowing the City to access a broader base of SBs, SB-PWs, and DVBEs.

NOW, THEREFORE, THE CITY AND THE STATE AGREE AS FOLLOWS

1. This MOU is effective as of the date below and remains in effect until it is formally revised, superseded, or terminated. The MOU will terminate if it ever conflicts with any law adopted after the MOU becomes effective or if there arise any fiscal/budgeting issues that affect the ability of the parties to carry out the intentions of the MOU. Each party may terminate this MOU by giving a thirty (30) day written notice of termination to the other party.

2. The City will refer small businesses and/or disabled veteran business enterprises, that desire to contract with the City to perform work, to the State for certification (as appropriate). The City shall make its referrals to the State of California, Department of General Services, Office of Small Business and D isabled Veteran Business Enterprise Services. The City and the State will each make efforts to provide workshops, in partnership with each other, to certify more businesses who are interested in contracting with the City and the State.

3. Any notice, demand request, consent, or approval that either party hereto may or 250
Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940

is required to give the other pursuant to this MOU shall be in writing and shall be personally delivered or sent by mail or email, addressed as follows:

TO CITY OF FONTANA
City Manager Office
Economic Development Department
8353 Sierra Avenue
Fontana, CA 92335
Or
[email protected]

TO STATE
Department of General Services
Office of Small Business and DVBE
Services
707 Third Street, First Floor
West Sacramento, CA 95605
Or
[email protected]

4. This MOU shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to the MOU shall be brought in the State of California.

5. The State agrees to provide the City access to an exclusive data query (Reciprocity Query), to the extent that such a query is developed, maintained and made available to government agencies.

6. The City agrees to annually report, to the extent possible, to the State for the given fiscal year t he total contract dollar amount s awarded to state certified SBs, SB- PWs and DVBEs, including percentage in total procurement dollars broken down by certification type, and the total number of certified SBs , SB-PWs and DVBEs doing business with the City.

7. The City and State agree to maintain and uphold all appropriate and applicable laws surrounding the confidentiality of any and all State certification related data available to, shared with or released to the City.

8. The City agrees to advise the State of any changes to the City’s participation in the Certification Program that occur (in so much as such changes may impact reciprocity program operations and/or public information sharing).

9. This MOU supersedes any prior agreements, whether oral or written, between City and State regarding the subject matter of this MOU and any such prior agreements are hereby terminated effective immediately upon full execution of this MOU.

10. This MOU may be executed in duplicate counterparts. The MOU shall be deemed executed when it has been signed by both parties.

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Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940

IN WITSSNESS WHEREOF, the parties hereto have executed this agreement as of this 23rd day of September 2023

CITY OF FONTANA
City Manager’s Office

STATE OF CALIFORNIA,
Department of General Services,
Procurement Division,
Office of Small Business and Disabled Veteran
Business Enterprise Services
Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

APPROVED BY CITY OF FONTANA COUNSEL
Name:

Signature: Date:

252
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2493 Agenda Date: 10/10/2023
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Professional Services Agreement for Construction and Project Management Services for the Courtplace Housing Development Project (Infrastructure Improvements) RECOMMENDATION:

1. Award contract and authorize the City Manager to execute a Professional Services Agreement in a not-to-exceed amount of $125,335.00 with LAE Associates, Inc. for Construction and Project Management Services for the Courtplace Housing Development Project (Infrastructure Improvements) Request for Proposals DE-24-14-SP.

2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.

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

DISCUSSION:

The Courtplace Housing Development Project will provide infrastructure improvements to the sewer, storm drain, street, signing & striping, detention basin, retaining wall(s), and backfill of the remaining portion of the existing basin. The City was in need of soliciting project and construction management services which include coordination and oversight for the design approval, environmental clearance (NEPA and CEQA), utility relocation (as needed), constructability review, construction contract procurement and administration, construction engineering, and project closeout.

Staff solicited a Request for Proposals (RFP) for Construction and Project Management Services by notifying firms through the Purchasing Office. Thirty-two (32) prospective bidders downloaded the RFP documents. On August 17, 2023, proposals were received from five (5) firms interested in providing Construction and Project Management Services for the project. Proposals were evaluated and ranked in accordance with the City policies and procedures.

Ranking Cost

1. LAE Associates, Inc. $125,335
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2. NV5 $139,860

3. Transtech Engineers, Inc. $173,100

4. KOA Corporation $213,200

4. Ladayu Consulting Group $432,000
Staff recommends the City Council approve a Professional Services Agreement in the amount of $125,335 with LAE Associates, Inc. for Construction and Project Management services for the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $125,335.00 and is included in the FY 2023-24 Budget in the Courtplace Project No. 37600063-622-A-8329.

MOTION:

Approve staff recommendation.

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PROJECT LOCATIONCOURTPLACE HOUSING DEVELOPMENT PROJECT
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-24-14-SP

This Agreement is made and entered into as of October 10, 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 LAE Associates Inc, a Corporation with its principal place of business at 650 North Rose Drive, #182., Placentia. CA 92870 (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 agenc y of the State of California and is in need of professional services for the following project:

Courtplace Housing Development Infastructure Improvements Project (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 125,335.00. This amount is to cover all printing and related costs, and the City will not pay any additional fee s 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 256

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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.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from October 10, 2023 to October 10, 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 ma nner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the 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 obtai ning 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
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Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance mu st 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, Col lapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4 ) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either d eductibles 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 perform ance 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 main tain 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 259

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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City 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 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 amoun t 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 260

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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercia l General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. 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 rep laced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifi cations 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 her ein 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 p olicies 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:V II 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 an d 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 Agreeme nt does not comply with these specifications or is 261

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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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 gene ral liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a fi nal 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 262

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compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing W age 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 Pre vailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring an d 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 C onsultant 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 sh all 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 t he 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. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
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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 said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for s ervices 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 it s obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Lori J. Askew 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: Jeffrey Kim, Department of Engineering
CONSULTANT:

LAE Associates, Inc.
650 North Rose Drive #182
Placentia, California 92870
Attn: Fred Alamolhoda

and shall be effective upon receipt thereof.

22. Third Party Rights
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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 resp ect to those ma tters covered hereunder. Each P arty 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 n ot 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, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either 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.

30. Prohibited Interests
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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 Consu ltant, 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 witho ut 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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
LAE ASSOCIATES, INC.

By:

Fred Alamolhoda
President

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Vice President

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

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EXHIBIT A
Scope of Services

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EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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City of FontanaRevised Cost Proposal and Hourly Rate Schedule to Provide Classification/TasksSeniorProject/ConstructionManager (PM/CM)JuniorEngineeringAideLabor Compliance(Optional)Total FeeHourly Rate$180.00$70.00$125.00Project/Construction Management62452$115,960.00Labor Compliance (Optional)75$9,375.00Total Hours6245275Estimated Amount$112,320.00 $3,640.00 $9,375.00$125,335.00Project/Construction Management Services for the Courtplace Housing DevelopmentInfrastructure Improvements Project, DE-24-14-SPAt the request of the City, this estimate is revised to provide Project Management (PM) of the Plans, Specifications, and Estimate (PS&E) for a durationof six (6) months and to provide Construction Management (CM) for a construction duration of one-hundred thirty (130) days. The total duration for theproposed PM/CM services will be approximately fifty-two (52) weeks at twelve (12) hours per week. 298
Hourly Rate ScheduleLAE’s fee to perform the requested staff augmentation work will be in accordance withthe hourly rates shown below. Team members will adhere to the needs of the City ofFontana to complete the requested tasks.July 1, 2023, through June 30, 2026with a three percent (3%) escalation clause to be approved by the City of Fontana after June 30, 2026.RoleHourlyRatePrincipal-In-Charge $200Senior Civil Engineer (P.E.) $180Senior Project Manager (P.E.) $180Senior Project Manager $175Project Manager (P.E.) $165Senior Analyst $130Junior Engineering Aide $70Administrative Assistant $70Actual Mileage (will be adjusted per IRS guidelines) $0.625/MileOther Direct Cost (printing, travel, etc.) Actual 299
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2497 Agenda Date: 10/10/2023
Agenda #: G. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2024 Selective Traffic Enforcement Program Grant Award
RECOMMENDATION:

1. Accept the State of California Office of Traffic Safety (OTS) 2024 Selective Traffic Enforcement Program (STEP) Grant, number PT24071 in the amount of $330,000.

2. Authorize the Chief of Police to sign the Standard Agreement and any Amendments between the Office of Traffic Safety and the Fontana Police Department.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by utilizing other city programs to help reduce crime. · Improve public safety by implementing traffic safety programs.

DISCUSSION:

The Selective Traffic Enforcement Program “STEP”grant is made available through the State of California’sOffice of Traffic Safety. All program preparation, training and implementation will be held during the period of October 1, 2023, and September 30, 2024. The program is designed to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. Other funded strategies may include public awareness, educational programs, and training for law enforcement.

The funded strategies include:
· Officers will complete Standardized Field Sobriety Testing (SFST) training · Officers will attend the Advanced Roadside Impaired Driving Enforcement (ARIDE) 16-hour POST certified training
· DUI/DL Checkpoints
· DUI Saturation Patrols will be conducted
· Distracted Driving Enforcement Operations targeting drivers using hand held cell phones and City of Fontana Printed on 10/5/2023Page 1 of 2
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texting will be conducted
· Traffic Enforcement Operations, including but not limited to primary collision factor violations · Highly publicized Motorcycle Safety Enforcement Operations will be held · Warrant Service Operations targeting multiple DUI offenders who violate probation terms or fail to appear in court
· Participate in the National Distracted Driving Awareness Month in April · Participate in the statewide Click It or Ticket mobilization period in May The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Data gathering and analysis of the program will take place throughout the grant period to include:
quarterly performance reports, quarterly evaluation data forms, the final report, claim and executive summary.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase of revenues and expenditures in the amount of $ 330,000 as a result of the 2024 Selective Traffic Enforcement Project grant award in Fund 301. This grant award was not included in the 2023-24 budget and will be requested in the first quarter budget report.

Expenditure Plan = $330,000 (Reference Schedule B)
Personnel $ 324,653.00
Travel/Training Expense $ 4,102.00
Other Direct Costs (Supplies) $1,245.00
MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2498 Agenda Date: 10/10/2023
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Donation of Surplus Vehicle Ford E-450 Bus Unit # 3115
RECOMMENDATION:

Approve the donation of City surplus vehicle 2017 Ford E-450 Bus to National Community Renaissance.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents.

DISCUSSION:

Staff is requesting approval of the donation of a City surplus vehicle Unit #3115 to National Community Renaissance. This donated vehicle would be used by National Community Renaissance for transportation of their senior residents to and from the senior communities located on Sierra Avenue in the downtown area of Fontana. National Community Renaissance, also known as National CORE, is a U.S. non-profit community builder specializing in affordable, multifamily, mixed-income, senior, workforce and special needs housing. The company is based in Rancho Cucamonga and is one of the largest national nonprofit developers of affordable housing in the United States While this vehicle has met its useful life for purposes of the City, staff believes this vehicle can be of substantial value to National CORE in their service to the senior community of the City. National CORE has agreed to accept the donated vehicle in an “as-is”condition with no warranty and take full and complete ownership and liability of the donated vehicle.

The following vehicle recommended for donation is listed below:
· Unit 3115 2017 Ford E-450 Bus (Vin # 1FDFE4FS2HDC62078) FISCAL IMPACT:

The City has not donated any surplus vehicles to National Community Renaissance in the past. If not donated, the vehicle would likely be sent to public auction. The amount of revenue that could be earned at auction is affected by many variables. Although it would not be possible to predict the exact auction value, staff estimates this vehicle could return a value in the range of $10,000, based on type of vehicle, condition of vehicle and market demand for similar vehicles, based on this estimated value, the City’s potential loss of revenue could be up to $10,000.

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File #: 21-2498 Agenda Date: 10/10/2023
Agenda #: H. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2504 Agenda Date: 10/10/2023
Agenda #: I. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Cypress Center Roof Project.

RECOMMENDATION:

Award bid and authorize the City Manager to execute a contract with Final Touch Construction of Fontana, CA in the amount of $220,500.00 to re-roof the Cypress Center and authorize a 10% contingency in the amount of $22,050.00.

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 creating and promoting community through people, parks, and programs.

DISCUSSION:

The Cypress Community Center is in desperate need of a new roof. The roof is showing signs of damage, with areas of separation and minor water intrusion. The bidding process for the Cypress Center Roof Project bid (PW-25-19-SB) was conducted by City staff in August and September 2023.

One hundred fourteen (114) bidders were notified of the bid. Bid packets were downloaded by thirty- one (31) vendors. Eight (8) Fontana vendors were notified. Two (2) Fontana vendor responses were received. The bid closed on Thursday, September 7, 2023 and the City received a total of six (6) bids.

After reviewing each individual company that provided a bid for the project, the Purchasing Office has recommended that the contract be awarded to Final Touch Construction. Final Touch Construction submitted all the necessary documents and therefore is the most responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $242,550.00 including contingencies.

The City received the American Rescue Plan Act funds from San Bernardino County which are budgeted in the current FY 2023/2024 Budget in project account no. 37300003-304-H-8313.

MOTION:

Approve staff recommendation.

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Bid Results
Cypress Center Roof Project
PW-25-19-SB

Final Touch Construction $220,500.00
Fontana, CA

Rite-Way Roof Corporation $283,598.00
Fontana, CA

Best Contracting Services $287,110.00
Gardena, CA

Chapman Coast Roof Co. $316,608.00
Fullerton, CA

Commercial Roofing Systems $346,237.00
Arcadia, CA

AME Builders, Inc. $373,000.00
Pomona, CA

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2514 Agenda Date: 10/10/2023
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the San Sevaine Trail Phase 1, Segment 2 Project RECOMMENDATION:

1. Approve and authorize the City Manager to award and execute a construction contract that includes a 10% contingency with the lowest responsible/responsive bidder for the San Sevaine Trail Phase 1, Segment 2 Project (Bid No. SB-109-DE-23)

2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the San Sevaine Trail Phase 1, Segment 2 Project.

COUNCIL GOALS:
· To concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana’sapproved Capital Improvement Program Budget includes the San Sevaine Trail Project, a multi-jurisdictional cooperative effort that will enhance the connectivity for bicyclists and pedestrians between the Pacific Electric Trail and public facilities within the Cities of Fontana and/or Rancho Cucamonga, such as Etiwanda High School, as well as other future infrastructure improvements. The trail is designed to run parallel to the Etiwanda Creek, a flood control channel owned and operated by the San Bernardino County Flood Control District (SBCFCD). The trail will utilize the existing County maintenance road along the west side of the channel and fill in gaps where a road does not currently exist. The multi-use path will begin with a direct connection to the Pacific Electric Trail to the south and will run north terminating at Banyan Street in the City of Rancho Cucamonga. The project length is approximately 1.25 miles with 0.3 miles located within the City of Fontana and the remaining 0.95 miles located in the City of Rancho Cucamonga.

It is anticipated that the lowest responsible/responsive bidder will be determined shortly after the City City of Fontana Printed on 10/5/2023Page 1 of 2
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379
File #: 21-2514 Agenda Date: 10/10/2023
Agenda #: J. Category: Consent Calendar
Council's approval of this item. Staff is requesting that the City Manager be authorized to award and execute a construction contract with the lowest responsive/responsible bidder in order to expedite the contract approval process and accommodate the project schedules. With this action, the City Council authorizes the City Manager to award the construction contract to the lowest responsive and responsible bidder, provided that the construction contract cost is within the project budget.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated at $10,105,896 and is included in the 2023-2024 budget in the San Sevaine Phase I Project, strings 37603345-301-A-8329, 37603345-635-A-8329 and 37603345-246-A-8329.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/5/2023Page 2 of 2
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Pacific Electric Trail

San Sevaine Multi-Use Trail
N
Project Vicinity Map Exhibit A
381
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2515 Agenda Date: 10/10/2023
Agenda #: A. Category: Public Hearing
FROM:

Code Compliance
SUBJECT:

Adoption of Ordinance No. 1925, of the City Council of the City of Fontana, California adopting an impoundment policy supplementing the sidewalk vending ordinance to help protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger.

RECOMMENDATION:

Waive further reading of and introduce Ordinance No. 1925 an Ordinance of the City of Fontana adding Fontana Municipal Code sections 1-14 (Enforcement Obstruction Consequences) and 15-829 (Impoundment) relating to Sidewalk Vending; and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility, and availability. · Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

At the City Council workshop on September 12, 2023, City Council was updated on the difficulties that Fontana Code Compliance Inspectors and contracted staff are facing when dealing with non- permitted street vendors. While staff is taking a proactive approach by providing education to street vendors on how to obtain a San Bernadino County Health Permit/City of Fontana Business License, street vendors continue to operate illegally. Fontana Code Compliance Inspectors and contracted staff are confiscating all perishable items, but the non-permitted street vendors are still returning to operate throughout the City of Fontana. This ordinance will grant authority to City staff to confiscate and impound all non-permitted street vendors equipment to further the City’s effort to mitigate health risks and maintain accessible pathways.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/5/2023Page 1 of 1
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382
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, CALIFORNIA, ADDING FONTANA
MUNICIPAL CODE SECTION S 1-14 (ENFORCEMENT OBSTRUCTION
CONSEQUENCES) AND 15-829 (IMPOUNDMENT) TO HELP PROTECT
THE CITY’S COMMUNITY BY MORE EFFECTIVELY REGULAT ING

SALE OF FOOD, GOODS, AND MERCHANDISE CREATING A HEALTH

AND SAFETY DANGER
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Fontana (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

WHEREAS, Senate Bill number 946, including Government Code section 51038, authorizes the City to regulate sidewalk vending to help protect public health and safety.

WHEREAS, The City has previously adopted Fontana Municipal Code (“FMC”) chapter 15, article XVII [Sidewalk Vending] to regulate sidewalk vending within the City.

WHEREAS, The City now desires to add FMC sections 1-14 [Enforcement Obstruction Consequences] and 15 -829 [Impoundment] to help protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger.

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

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. FMC section 1-14 (Enforcement Obstruction Consequences) is hereby added, and is to read in its entirety as follows:
1-14 Enforcement Obstruction Consequences
It shall be unlawful for any person to obstruct, impede, threaten, follow, intimidate, or interfere in any way with any City official including a code compliance officer or inspector, police officer, firefighter, or other officers or employees of this City engaged in the performance of their respective duties, job description, and/or enforcement authority as provided in the Fontana Municipal Code. Such person shall be guilty of a misdemeanor and, upon conviction thereof, unless provision is otherwise herein made by any other applicable State law, shall be subject to a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment. 383
Ordinance No. ___

SECTION 3. FMC section 15-829 (Impoundment) is hereby added, and is to read in its entirety as follows:
15-829 Impoundment
(a) "Impound" means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation. (b) Impoundment Authorization. Any City official, including a code compliance officer or inspector , police officer, firefighter, fire prevention specialist , or examiner may impound a Sidewalk Vendor's vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") used in violation of this Article pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code , and/or any other applicable City, County, or State law for any of the following reasons:
(1) Food displayed, offered, or made available for sale , including equipment or utensils used by a Sidewalk Vendor, without holding a valid and displayed Health Permit from the San Bernardino County Health Department in violation of County or State law.
(2) Items reasonably appear to be unattended or abandoned on public or private property for more than thirty 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty 50 feet of the Items. (3) Items displayed, offered, or made available for sale by a Sidewalk Vendor who does not possess a valid applicable Sidewalk Vending Permit and a City Business License.
(4) Items displayed, offered, or made available for sale by a Sidewalk Vendor who operates in violation of this Article; and refuses or fails to provide identification.
(5) Operation in violation of this Article and refusal or failure by a Sidewalk Vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a City official. (6) Items displayed, offered, or made available for sale by a Sidewalk Vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of forty -eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Publi c Law 101 -336) and other disability access standards.
384
Ordinance No. ___

(7) Items displayed, offered, or made available for sale in violation of any applicable federal, State, County, or City laws, ordinances, and regulations, including, but not limited to , illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult -oriented material, live animals, weapons, and/or pharmaceuticals.
(8) Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
(9) Items displayed, offered, or made available for sale by a Sidewalk Vendor who has, within a 24 month period, been issued three or more administrative citations for violations of this Article.
(10) Items impounded as evidence of a crime or booked as property after an arrest of any Sidewalk Vendor involving any City, County, State, or federal law or regulation excluding this Article. Such Items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable State law.
(c) Forfeiture Impoundment Authorization For Repeat Offenders. The City may immediately conduct a forfeiture impoundment of Items from a Sidewalk Vendor who has been found responsible for engaging in sidewalk vending activities in violation of this Article two or more times within a 24 month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation. An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this Section.
(d) Disposal Authorization. The City may immediately dispose of impounded Items that are perishable and/or cannot be safely stored.
(e) Impoundment Period Of Items Held By City. The impoundment of any Sidewalk Vendor's Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30, nor more than 60, calendars days from the date of impoundment. (f) Impoundment Notification. Upon impoundment of Items under this Section, the Director or designee shall do all the following:
385
Ordinance No. ___

(1) Take responsibility for the storage, documentation, and disposition of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.
(2) Provide the person from whom the Items were taken with a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the Items were taken at the time the City official obtained the Items or mailed on the next business day, by first class mail, to the person from whom the Items were taken.
(3) If the City official has knowledge that the person from whom the Items were taken is not the owner, the Director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the Director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.

A. The receipt and instructions shall notify the person from whom the Items were taken that the Items must be claimed either within (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the Items are not claimed within the applicable time, the Items will be disposed of in accordance with the disposal provisions of this Section or any other applicable County or State law. Within the applicable 30 or 60 calendar days, the person may do one of the following.

1. Retrieve the Items, excluding any Items that were
immediately disposed of because they were perishable
and/or could not be safely stored.

2. Authorize in writing another person to retrieve the Items, excluding any Items that were immediately disposed of
because they were perishable and/or could not be safely stored.

3. Notify the City in writing that they are unable to retrieve the Items because they are in custody (e.g., jail or prison) and request the City to hold the Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the Items within the applicable 30 or 60 calendar days, or have an authorized person retrieve the Items, the City shall hold the Items for not longer than 10 addi tional months, after which time the City may 386
Ordinance No. ___

dispose of the Items in accordance with the disposal provisions of this Code or any other applicable County or State law.

B. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this Section and the disposal provisions of this Article.
(g) Appeal Of Impoundment. An aggrieved Sidewalk Vendor may, within 15 calendar days of the impoundment, appeal the impoundment of their Items by requesting an administrative hearing before the City Manager or the City Manager’s designee pursuant to the procedures described in Section 15-826 of this Article and, if successful in their appeal, may have their Items returned, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the Sidewalk Vendor is successful on appeal, any appeal fee paid by the Sidewalk Vendor shall be refunded. (h) Recovery Of Impounded Items And Payment Of Impound Fees. A Sidewalk Vendor may recover impounded Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the Items.
(i) The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and Impound costs. (j) Unclaimed Items. Any unclaimed Items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, County, or State law.
(k) The Director is further authorized to develop additional regulations for the storage and release of impounded Items not in conflict with this Article.

SECTION 4. Compliance with California Environmental Quality Act. The Fontana City Council (“City Council”) finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it ha s no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid , unconstitutional, illegal , or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision 387
Ordinance No. ___

shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 6. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, and ADOPTED this ______ day of _______, 2023.

Acquanetta Warren, Mayor

____________________________________
Germaine Key, City Clerk

388
Ordinance No. ___

I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Ordinance No. ___ was duly introduced for first reading on ________ and regularly adopted at a regular meeting of the City Council of the City of Fontana on _________ by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Fontana on this ______ day of _______, 2023.

________________________________
Germaine Key, City Clerk

SEAL
389
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO,

CALIFORNIA, ADOPTING AN IMPOUNDMENT POLICY

SUPPLEMENTING THE SIDEWALK VENDING
ORDINANCE TO HELP PROTECT THE CITY’S

COMMUNITY BY MORE EFFECTIVELY REGULATING

SALE OF FOOD, GOODS, AND MERCHANDISE

CREATING A HEALTH AND SAFETY DANGER
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Fontana (“City”) to adopt and enforce local police, sanitary, and other ordinances , resolutions, and regulations that are not in conflict with the general laws.

WHEREAS, Senate Bill number 946, including Government Code section 51038, authorizes the City to adopt ordinances or resolutions to regulate sidewalk vending to help protect public health and safety.

WHEREAS, The City has previously adopted Fontana Municipal Code (“FMC”) chapter 15, article XVII (“Sidewalk Vending Ordinance”) to regulate sidewalk vending within the City.

WHEREAS, The City now desires to adopt this Resolution and attached Impoundment Policy supplementing the Sidewalk Vending Ordinance to help protect the City’s community by more effectively regulat ing sale of food, goods, and merchandise creating a health and safety danger.

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

Section 1. The Impoundment Policy supplementing the Sidewalk Vending Ordinance as set forth in Exhibit A attached hereto and incorporated herein is hereby approved and adopted.

Section 2. The City Council declares its disapproval of activities related to obstructing, impeding, threatening, following, intimidating, or interfer ing in any way with any City official including a code compliance officer or inspector, police officer, firefighter, or other officers or employees of this City engaged in the performance of their respective duties, job description, and/or enforcement authority as provided in the FMC.

Section 3. Compliance with California Environmental Quality Act. The Fontana City Council (“City Council”) finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it ha s no potential for resulting in physical change to the 390
Resolution No. ___

environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Resolution is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 4. Severability. If any section or provision of this Resolution is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Resolution shall remain in full force and effect.

Section 5. This Resolution shall prevail over any existing resolution in the event of a conflict.

Section 6. This Resolution and attached Impoundment Policy shall become effective thirty days after adoption and shall remain in effect until repealed or amended.

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this ______ day of _______, 2023.

______________________________
Acquanetta Warren, Mayor

I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Fontana held on the __ day of __________, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST: ______________________________
Germaine Key, City Clerk

391
Resolution No. ___

EXHIBIT A

IMPOUNDMENT POLICY
(a) The provisions and definitions in the Fontana Municipal Code (“FMC”), including FMC chapter 15, article XVII (“Sidewalk Vending Ordinance”) shall apply to this Impoundment Policy and are hereby incorporated herein.
(b) This Policy is intended to supplement the Sidewalk Vending Ordinance, and thereby, help protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger. (c) "Impound" means to seize or take custody of sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation. (d) Impoundment Authorization. Any City official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a Sidewalk Vendor's vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") used in violation of the Sidewalk Vending Ordinance and/or this Policy pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code , and/or any other applicable City, County, or State law for any of the following reasons:
(1) Food displayed, offered, or made available for sale, including equipment or utensils used by a Sidewalk Vendor, without holding a valid and displayed Health Permit from the San Bernardino County Health Department in violation of County or State law.
(2) Items reasonably appear to be unattended or abandoned on public or private property for more than thirty 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty 50 feet of the Items. (3) Items displayed, offered, or made available for sale by a Sidewalk Vendor who does not possess a valid applicable Sidewalk Vending Permit and a City Business License.
(4) Items displayed, offered, or made available for sale by a Sidewalk Vendor who operates in violation of the Sidewalk Vending Ordinance and/or this Policy; and refuses or fails to provide identification. (5) Operation in violation of the Sidewalk Vending Ordinance and/or this Policy and refusal or failure by a Sidewalk Vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a City official.
(6) Items displayed, offered, or made available for sale by a Sidewalk Vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on 392
Resolution No. ___

sidewalks and fails to maintain a minimum of forty -eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101 -336) and other disability access standards.
(7) Items displayed, offered, or made available for sale in violation of any applicable federal, State, County, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or v aping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
(8) Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
(9) Items displayed, offered, or made available for sale by a Sidewalk Vendor who has, within a 24 month period, been issued three or more administrative citations for violations of the Sidewalk Vending Ordinance and/or this Policy.
(10) Items impounded as evidence of a crime or booked as property after an arrest of any Sidewalk Vendor involving any City, County, State, or federal law or regulation excluding the Sidewalk Vending Ordinance and this Policy . Such Items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable State law. (e) Forfeiture Impoundment Authorization For Repeat Offenders. The City may immediately conduct a forfeiture impoundment of Items from a Sidewalk Vendor who has been found responsible for engaging in sidewalk vending activities in violation of the Sidewalk Vending Ordinance and/or this Policy two or more times within a 24 month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation. An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this Policy. (f) Disposal Authorization. The City may immediately dispose of impounded Items that are perishable and/or cannot be safely stored.
393
Resolution No. ___

(g) Impoundment Period Of Items Held By City. The impoundment of any Sidewalk Vendor's Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30, nor more than 60, calendars days from the date of impoundment. (h) Impoundment Notification. Upon impoundment of Items under this Policy, the Director or designee shall do all the following:
(1) Take responsibility for the storage, documentation, and disposition of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.
(2) Provide the person from whom the Items were taken with a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the Items were taken at the time the City official obtained the Items or mailed on the next business day, by first class mail, to the person from whom the Items were taken.
(3) If the City official has knowledge that the person from whom the Items were taken is not the owner, the Director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the Director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.

A. The receipt and instructions shall notify the person from whom the Items were taken that the Items must be claimed either within (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the Items are not claimed within the applicable time, the Items will be disposed of in accordance with the disposal provisions of this Policy or any other applicable County or State law. Within the applicable 30 or 60 calendar days, the person may do one of the following.

1. Retrieve the Items, excluding any Items that were
immediately disposed of because they were perishable
and/or could not be safely stored.

2. Authorize in writing another person to retrieve the Items, excluding any Items that were immediately disposed of
because they were perishable and/or could not be safely stored.
394
Resolution No. ___

3. Notify the City in writing that they are unable to retrieve the Items because they are in custody (e.g., jail or prison) and request the City to hold the Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the Items within the applicable 30 or 60 calendar days, or have an authorized person retrieve the Items, the City shall hold the Items for not longer than 10 addi tional months, after which time the City may dispose of the Items in accordance with the disposal provisions of this the FMC or any other applicable County or State law.

B. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this Policy and the disposal provisions of the Sidewalk Vending Ordinance.
(i) Appeal Of Impoundment. An aggrieved Sidewalk Vendor may, within 15 calendar days of the impoundment, appeal the impoundment of their Items by requesting an administrative hearing before the City Manager or the City Manager’s designee pursuant to the procedures described in Section 15-826 of the Sidewalk Vending Ordinance and, if successful in their appeal, may have their Items returned, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the Sidewalk Vendor is successful on appeal, any appeal fee paid by the Sidewalk Vendor shall be refunded. (j) Recovery Of Impounded Items And Payment Of Impound Fees. A Sidewalk Vendor may recover impounded Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the Items.
(k) The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and Impound costs. (l) Unclaimed Items. Any unclaimed Items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, County, or State law.
(m) No person shall obstruct, impede, threaten, follow, intimidate, or interfere in any way with any City official including a code compliance officer or inspector, police officer, firefighter, or other officers or employees of this City engaged in the performance of 395
Resolution No. ___

their respective duties, job description, and/or enforcement authority as provided in the FMC.
(n) The Director is further authorized to develop additional regulations for the storage and release of impounded Items not in conflict with the Sidewalk Vending Ordinance and/or this Policy.
396
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2513 Agenda Date: 10/10/2023
Agenda #: A. Category: Unfinished Business
FROM:

Code Compliance
SUBJECT:

Award of contract for additional contracted Code Compliance Inspectors to address Non-permitted Street Vendors.

RECOMMENDATION:

1. Award proposal and authorize the City Manager to execute a contract with 4Leaf Inc. in the amount of $598,224 for the period of six (6) months.

2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for Non-permitted Street Vendor Inspections.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility, and availability. · Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

The City of Fontana continues to receive complaints from residents and business owners regarding non-permitted street vendors operating throughout the City. To maintain the City’s commitment to ensure the City’s safety and support local businesses, additional staffing is needed to perform more inspections on a weekly basis.

On September 12, 2023, at the City Council workshop, City Council directed staff to bring a proposal that addresses the need for a more comprehensive approach to enforcement, covering at least five (5) evenings per week. 4 Leaf Inc has worked successfully with the City of Orange and the City of Tustin on their programs to increase education amongst street vendors as well as to strictly enforce City Code requirements.

Approval of this proposal will result in citywide coverage six (6) evenings per week, with a total of six (6) Code Officers working eight (8) hours per shift. By being more consistent and having more contracted Code Compliance Officers, we expect to see a significant reduction in the amount of non- permitted and unlicensed street vendors. Approval of this contract will negate the need for Public Works and FPD overtime support. The teams of three provided by 4Leaf will operate independently, contacting FPD for support only when necessary. 4-Leaf has a current contract for services with the City of Fontana, which was approved by the City Council on September 12, 2023.

FISCAL IMPACT:

The Fiscal Impact associated with the approval of this item is $598,224 and is not included in the 2023-24 current budget and will be funded by available unappropriated General Fund balance.

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File #: 21-2513 Agenda Date: 10/10/2023
Agenda #: A. Category: Unfinished Business
Appropriate paperwork will be submitted with the First Quarter Budget Report.

MOTION:

Approve staff recommendation.

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Task Order: Code Enforcement Services
09/21/23
TBD
Craig Tole
Vendor Enforcement / Code Enforcement Services
City of Fontana
TASK ORDER # R-2

ESTIMATED UNIT ESTIMATED

CITY OF FONTANA - VENDOR ENFORCEMENT HOURS PRICE TOTAL
TBD 7488 $77.25 $578,448
Pete Roque 120 $164.80 $19,776
Preliminary Sub-Total of Services provided by 4LEAF $598,224 Preliminary Estimated Fees $598,224
Reimbursables N/A $0
Total Preliminary Estimated Fees $598,224
Estimate is to provide Code Enforcement Services to the City of Fontana. Term of the assignment is six (6) months. Assignments are to be covered six (6) days per week. 4LEAF will utilize six (6) Code Enforcement Officers. Schedules to be determined by AHJ. All shifts will be eight (8) hours in length. 4LEAF will perform services on a time and materials basis utilizing four hour minimums in four hour increments. Additional hours requested will require a change order.

The City will be responsible for provision of vehicles. Any changes to this will require a renegotation of the rates. Please see 4LEAF's Fee Schedule for Basis of Charges. 4LEAF will also budget 4 hours per week for Project Management of Client and assignments. Any overtime must be requested by client in writing via email or text.

PERSONNEL
Off-Site Project Management
Vendor Enforcement
DATE:
4LEAF JOB NO.:
4LEAF PRINCIPAL:

PROJECT(S):

LOCATION:
399