Agenda packet — Fontana City Council, March 26, 2024 (part 1 of 2)

Tuesday, March 26, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Revised Agenda
Ord. No. 1942 Reso. No. 2024-010
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Revised Agenda March 26, 2024
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Thomas Anthony Perez v. City of Fontana
Case no. 5:19-cv-01623-DMG (KKx)
21-2914
CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

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2 City Council Meeting Revised Agenda March 26, 2024
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize Officers Steven Gomez and David Martinez, Dispatch Supervisor
Justine Mojarro and Dispatcher II Genevieve Blanco, as
November 2023 Employees of the Month (Captains Burton
and Stover to present).
21-2908
PUBLIC COMMUNICATIONS:

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

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-2903
Approve the minutes of the March 12, 2024, Regular City Council Meeting.

City Council Meeting Minutes 03-12-2024.pdfAttachments:

B. Approve Amendment No. 2 to Task Order No. 3 with David Evans and Associates, Inc. for Landscape Plan Check and Inspection Review Services
21-2867

1. Approve and authorize the City Manager to execute an Amendment No. 2 to Task Order No. 3 with David Evans and Associates, Inc. in the amount of $47,000 and an amended task order total of $140,000 for additional landscape plan check and inspection services.

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3 City Council Meeting Revised Agenda March 26, 2024

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 3 with David Evans and Associates, Inc.

DEA Master Agreement SQ-87-DE-19.pdf
PO 22400508 Landscape .pdf
PO 22400508-01 REVISED Landscape Plan Checks.pdf
Attachments:

C. Accept a Grant and Approve and Authorize City Manager to Execute the Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Grant Agreement in the amount of $ 15,000,000 for the Building a Better Connected Inland Empire Project at Cherry Avenue and Victoria
Avenue within the Westgate Specific Plan Area
21-2883

1. Authorize and approve the City Manager to execute the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area.

2. Accept $15,000,000 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant from Federal Highway Administration (FHWA) for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area.

RAISE Grant Agreement.pdfAttachments:

D. Final Acceptance of Street, Storm Drain, Sewer,
Landscape, and Signing & Striping Improvements on the
northeast corner of Sierra Avenue and Segovia Lane for
Tract No. 18944
21-2891

1. Accept as complete the street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18944, located on the northeast corner of Sierra Avenue and Segovia Lane.

2. Adopt Resolution No. 2024-010, accepting sewers in Tract No. 18944 as part of the City sewer system.

TR 18944 MAP.pdf
VICINITY MAP TRACT 18944.pdf
TRACT 18944 - RESOLUTION.doc
Attachments:

E. Award a Construction Bid for the Village of Heritage North, South, and West Pavement Rehabilitation Project
21-2896

1. Award bid and authorize the City Manager to execute a construction contract with LCR Earthwork & Engineering, Corp. for the construction of

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4 City Council Meeting Revised Agenda March 26, 2024
the Village of Heritage North, South, and West Pavement Rehabilitation Project, in the amount of $1,290,941.00 and authorize a 10% contingency in the amount of $129,094.10 (Bid No. DE-153-23-SB)

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Village of Heritage North, South, and West Pavement Rehabilitation Project.

Bid Results Village of Heritage.pdf
BidResultDetail364277.pdf
Attachments:

F. County Second District Supervisor Senior Scholarship Program Memorandum of Understanding
21-2902
Authorize the Community Services Department to enter into a Memorandum of Understanding with San Bernardino County, Second District Supervisor, Jesse Armendarez.

County Scholarship MOU.docxAttachments:

G. Small Business Revolving Loan Program 21-2906

1. Authorize the City Manager to establish and implement a Revolving Loan Fund Program in the amount of $530,000.

2. Authorize the City Manager to enter into agreement with AmPac to administer the loan program.

2.20.23 BBK Edits AmPac
Contract-c1_rpbk21324_Final.docx
Attachments:

H. Out-Of-Area Sewer Service Agreement (ANX No. 23-001), between the City of Fontana and Maria Lourdes Burciaga, for the sewer service provided by the City of Fontana to 14775 Carmel Street (APN: 0231-251-37).
21-2920

1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute an Out-Of- Area Sewer Service Agreement (ANX No. 23-001) with Maria Lourdes Burciaga, for the provision of sewer service to an existing single-family residence located at 14775 Carmel Street, within the western sphere of influence of the City of Fontana.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Out-Of-Area Sewer Service Agreement
Attachments:

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5 City Council Meeting Revised Agenda March 26, 2024
PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-2890

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

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

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution March 2024
Attachments:

B. Public Hearing and Adoption of HUD Community
Development Block Grant, HOME Investment Partnerships
Program, and Emergency Solutions Grant 2024 Annual
Action Plan
21-2897

1. Adopt the draft FY2024-25 Annual Action Plan for Community

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6 City Council Meeting Revised Agenda March 26, 2024
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programming;

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programs;

3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Community Development Block Grant (CDBG) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements.

FY2024-25 AAP DRAFT FINALAttachments:

C. Proposal for Mandating Electronic Filing of Campaign Finance Disclosure Statements and Statements of
Economic Interests and Implementation of a Campaign
Sign Deposit
21-2857

1. Read by title only and waive further reading of and introduce Ordinance No. 1942 amending Chapter 7, Article III of the Fontana Municipal Code, regarding mandating electronic and paperless filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.

2. Adopt Resolution No. 2024-012, adopting a refundable campaign sign deposit.

Ord 1942.docx
Reso 2024-012.docx
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment

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7 City Council Meeting Revised Agenda March 26, 2024
Adjourn to the next Regular City Council Meeting on April 9, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2914 Agenda Date: 3/26/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, March 26, 2024
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 3/20/2024Page 1 of 1
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2908 Agenda Date: 3/26/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, March 26, 2024
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 3/20/2024Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2903 Agenda Date: 3/26/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the March 12, 2024, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the March 12, 2024, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/20/2024Page 1 of 1
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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, March 12, 2024

2:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer

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CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 12, 2024.

Mayor Pro Tem Garcia called the meeting to order at 1:04 p.m., with all members of t he City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Manuel Vargas v. City of Fontana
Case no. CIVSB2316755

CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Counci l was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 12, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:05 p.m.

ROLL CALL:

PRESENT: Mayo r Warren, Mayor Pro Tem Garcia, Council Member s Cothran, Robert s and Sandoval.

City Clerk Germaine Key was also present.

ABSENT: City Treasurer Janet Koehler-Brooks

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Sandoval.

Page 3 of 8 ends

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.

SPECIAL PRESENTATIONS:

A. Special Presentations

Mayor Warren and City Council recognized Officer Joshua Rodriguez as Fontana Police Department’s October 2023 Employee of the Month.

Mayor Warren swore in Fontana Police Officers, Eric Gonzalez, Jacob Hernandez and Sophia Stracner.

PUBLIC COMMUNICATIONS:

A. Public Communications

The following individuals spoke under public communications:

Edgar with Luca Survivors spoke in opposition of Planned Parenthood.

Ulysses Mora spoke in support of Planned Parenthood.

Adrianna spoke in support of Planned Parenthood.

Hector spoke in opposition of Planned Parenthood.

Chris spoke in opposition of Planned Parenthood.

Claudia Shannon spoke in opposition of Planned Parenthood.

Bill Shannon spoke in opposition of Planned Parenthood.

Anastasia Rogers of Rainbow Prolife Alliance spoke in opposition of Planned Parenthood.

Lucia Garmendia spoke in opposition of Planned Parenthood.

Matias Silva spoke in opposition of Planned Parenthood.

Margo Alducin spoke in opposition of Planned Parenthood.

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Timothy Johnson spoke in opposition of Planned Parenthood.

Arnel Recio spoke in opposition of Planned Parenthood.

Richard Montano spoke in opposition of Planned Parenthood.

Juliet Lopez spoke in opposition of Planned Parenthood.

Johnathan Lopez spoke in opposition of Planned Parenthood.

Amily Buenrostro spoke in opposition of Planned Parenthood.

Michelle Rodriguez spoke in opposition of Planned Parenthood.

Claudia Cuevas spoke in support of Planned Parenthood.

Marvin N. spoke in support of Planned Parenthood.

Bobbi Jo C spoke in support of Planned Parenthood.

The Catholic Church (16461 Harvey Drive) spoke in opposition of Planned Parenthood.

Leticia M. spoke in support of Planned Parenthood.

Julio Alvarado spoke in opposition of Planned Parenthood.

Jacob Lopez spoke in opposition of Planned Parenthood.

Husam Suloiman of Inland Valley Muslims spoke in opposition of Planned Parenthood.

Ingrid/Survivors spoke in opposition of Planned Parenthood.

Astrid C. spoke in support of Planned Parenthood.

Steven Cantero spoke in support of Planned Parenthood.

Mark Richichi spoke in opposition of Planned Parenthood.

Herlinda Carrillo spoke in opposition of Planned Parenthood.

Evangelina Mojica spoke in opposition of Planned Parenthood.

Deborah Hall Lindsey of the Concerned Citizens for the Development of North Fontana thanked the City Council and community for their efforts with organizing the parade.

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CONSENT CALENDAR:

ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Council Member Roberts, and passed by a vote of 5 -0 to approve Consent Calendar I tems “ A-I” with Council Member Cothran abstaining on Item “E. ” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: N one; ABSTAIN:

None; ABSENT: None

A. Approval of Minutes 21-2880
Approve the minutes of the February 27, 2024, Regular City Council Meeting.

B. Accept Donation from Bel-Air Swap-Meet, Inc (2023 Festival of 21-2843 Winter)
Accept donation from Bel-Air Swap-Meet, Inc in the amount of $5,000 for use towards 2023 Festival of Winter Event.

C. Accept Donation from Burrtec Waste Industries, Inc. (2023 21-2845 Festival of Winter)
Accept donation from Burrtec Waste Industries, Inc in the amount of $2,500 for use towards 2023 Festival of Winter Event.

D. Award a Construction Contract for the Miller Park Fence 21-2852 Installation Project (Bid No. DE-24-08-SB)

1. Award bid and authorize the City Manager to execute a construction contract with Dash Construction Company, Inc. for the construction of the Miller Park Fence Installation Project (#37600045) in the amount of $605,572.00, and authorize a 10% contingency in the amount of $60,557.20 (Bid No. DE-24-08-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Miller Park Fence Installation Project.

E. Award Bid for Baseline Avenue Median Landscape 21-2855 Improvements (PW-24-70-SB)
Award bid and authorize the City Manager to execute a construction contract with Superb Engineering Inc. for the construction of Baseline Avenue Median Landscape Improvements in the amount of $466,577.35 and authorize a 10% contingency amount of $46,658 (Bid No. PW-24-70-SB).

F. Police Department Monthly Information Update 21-2856 Accept the Police Department monthly information update for January 2024.

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G. Approve Amendment No. 2 to the Professional Services 21-2871 Agreement (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red)
Approve and authorize the City Manager to execute Amendment No. 2 to a Professional Services Agreement (SQ-47-DE-23) with Ideation Design Group for architectural and Interior Design services for the renovation of Stage RED in the amount of $55,580 for a total contract amount of $264,880 plus reimbursable expenses not to exceed $5,000.

H. Approve Amendment No. 4 to the San Bernardino Associated 21-2887 Governments Joint Powers Authority Agreement and approve the incremental increase in member dues to $100,327.

1. Approve Amendment No. 4 to the Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments, now referred to as the San Bernardino Council of Governments (SBCOG), SANBAG JPA to amend language concerning the method by which member agency dues are assessed.

2. Increase membership dues by $43,334, for a total of $63,834 for Fiscal Year 2024/2025 and an additional increase of $36,493 for a total of $100,327 for Fiscal Year 2025/2026.

I. Update City Council Meeting Policy 21-2899
Approve update of the City Council Meeting Policy

NEW BUSINESS:

A. New Business
A. Fiscal Year 2023-24 Midyear Budget Status Report 21-2811 Approve the recommended Fiscal Year 2023-24 Midyear Budget adjustments.

Chief Financial Officer Jessica Brown provided the staff report.

Mayor Warren asked if the Stage Red enterprise fund would be paid back as revenues were received and if a formula had been determined.

Chief Financial Officer Jessica Brown stated that the enterprise fund would be paid bac k as revenues were r eceived and a formal agreem ent would be brought back to th e Council for approval. Also noted that the General Fund would be impacted if a formal agreement was not approved.

Council Member Cothran asked if the City was still in a strong financial position.

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Chief Financial Officer Jessica Brown stated the City was in a strong financial position because decisions on any reoccurring and ongoing expenditures were taken closely into consideration.

Council Member Roberts asked if the Police Department background investigator position was an in-house position or contracted.

Chief Financial Officer Jessica Brown stated it was an in-house part time position.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5 -0 to approve New Business Item “A .” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

B. Miscellaneous Project No. 24 - 001: Review of the 2023 21-2823 General Plan Annual Progress Report
Direct staff to send the 2023 General Plan Annual Progress Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

Senior Planner Rina Leung provided the staff report.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5 -0 to appro ve New Business Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matthew Ballantyne encouraged the community to attend the Spring Street Night Market on March 15th.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Clerk Key congratulate d the Police Department Employee of the Month, n ewly sworn-in officers, and Community Services Department staff for the recent Jazz Fest.

Council Member Sandoval expressed condolences to the Cruz family.

Council Member Roberts asked if Proposition 1 could be made public as it relate d to the City and Planned Parenth ood. Expressed condolences to the Cruz family and to the family of 18

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Carroll Gene Wolfinbarger.

Mayor Pro Tem Garcia expressed condolences to the Cruz family and thanked those who attended the vigil and supported the family.

Council Member Cothran expressed condolences to the Cruz fam ily and thanked all who attended the Little League Opening Day. Also discussed the upcoming policy conference he would be attending.

Mayor Warren discussed the recent Sout h by Southwest US Conference of Mayor's event and stated more info would be provided. Also discussed the recent Black History Parade, Jazz Fest and upcoming Mayor's Conference in China. Offered condolences to the families of Carroll Gene Wolfinbarger and Elias and Sarah Cruz and thanked staff and the community for their support.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Elias Cruz

2. Sarah Cruz

3. George Wolfinbarger

Mayor Warren adjourned the meeting at 3:35 p.m. to the next Regular City Council Meeting on Tuesday, March 26, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_____________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MARCH 26, 2024.

_______________________
Germaine Key
City Clerk

19 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2867 Agenda Date: 3/26/2024
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 2 to Task Order No. 3 with David Evans and Associates, Inc. for Landscape Plan Check and Inspection Review Services
RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 3 with David Evans and Associates, Inc.

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

DISCUSSION:

On October 22, 2019, the City Council approved the Pre-qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and David Evans and Associates, Inc. entered into a master agreement that included landscape plan checking and inspection services. The master agreement is included as an attachment, herein.

Due to the high volume of plan review requests, an amendment to the existing task order is requested in the amount of $47,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $47,000 and is included in the 2023-24 budget in the General Fund (Fund 101) account 10137404-8130. The initial task order was in the amount of $50,000. Amendment No. 1 added $43,000. This request, if approved, will add $47,000, bringing the total to $140,000.

MOTION:

Approve staff recommendation.

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a
8353 Sierra Avenue
Fontana, CA 92335 Fiscal Year

THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND
SHIPPING PAPERS.

Purchase
Order #
www.fontana.org
[email protected]
B
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L
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T
O
Purchase Order
V
E
N
D
O
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S
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Vendor Fax Number Vendor Email Address Requisition Number Delivery Reference Date Ordered Vendor Number Date Required Freight Method/Terms Department Item# Description/PartNo QTY UOM Unit Price Extended Price *************** GL SUMMARY ***************
By:

Purchasing Officer VENDOR COPY
2024 Page: 1 of: 1
22400508
City of Fontana
Accounts Payable
8353 Sierra Avenue
Fontana, CA 92335
Email Invoices to: [email protected] rg
David Evans And Associates, Inc.
2100 S River Parkway Ste 100
Portland, OR 97201-4830
Phone: 909-912-7344

DEPARTMENT OF PUBLIC WORKS
16489 ORANGE WAY
FONTANA, CA 92335
12400479
10/23/2023 100044 Public Works & Engineering
TP
Task Order No. 3
Proposal Number: SQ-87-DE-19-25
Year 1 April 24, 2022 to April 25, 2023
Year 2 April 24, 2023 to April 25,
2024 (City Option)
1 EACH1.0 $50,000.00$50,000.00On-Call Construction Landscape Plan Check Review and Inspection Services for period beginning July 1, 2023 through April 24, 2024.
10137404 - 8130 $50,000.00
Total Ext. Price $50,000.00
Total Sales Tax $0.00
Total Freight $0.00
Total Discount $0.00
Total Credit $0.00
PO Total $50,000.0037

TERMS AND CONDITIONS

1. PAYMEN
T. Payments shall be made, upon submission of itemized invoices, of the prices stipulated here in for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided.

Payment on partial deliveries may
be made whenever amounts due so warrant, when requested by the Vendor and approved by the Purchasing Agent. Terms are Net 30 Day s.

2. LICENSE. All companies doing business in the City of Fontana are required to provide a valid City of Fontana busine ss license prior to payment of any invoice(s) submitted.

3. INSPECTION. All materials and workmanship are subject to inspec tion and test by the City for compliance and specifications as included herein. In the event articles or services are defect ive or not in conformity with this order,
the City shall have the right either to reject the items or require correction. Def ective articles or services shall be removed from City premises and/or corrected by and at the expense of the Vendor. Fai lure to inspect and accept or
reject shall not relieve the Vendor from responsibility for compliance with specifications. Fin al acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

4. RES
PONSIBILITY. Unless otherwise specified, the Vendor shall be responsible for all items covered by this purchase order until del ivered at the designated delivery point, and the Vendor shall bear all risks as to items rejected or requiring correction after
notice of such rejection or correction is given.

5. CHANGES. This purchase order may at any time, by written order, be change d in regards to the materials or services to be furnished, quantities ordered, unit price, discount, delivery point or arr angement, terms, or any other matter
affecting a valid order. In the event such change causes an increase or decrease in the cost of performance hereunder, an equitable adjustment will be made for the cost thereof, subject to the approval of the Purcha sing Agent, and
written notice given therefore.

6. VARIATIONS-QUANTITIES. No variation in the quality or quantity of any item called for by this purchase order shall be acceptable except in pursuance of written change order so authorizing and no change in cost shall be valid
unless so ordered.

7. TERMINATION.

A. Termination for Default: Contract may be terminated by the City, in whole or in part, whenever the City shall determine that the Contractor has failed to meet the requirement(s) of the Contract.

The City has the right to terminate for default of:

1. The Contractor fails to make delivery of acceptable supplies in an acceptable manner within the time specified in the resultant Contract; or

2. The Contractor fails to satisfactorily perfor
m any other term or condition of the resultant Contract; or

3. The Contractor fails to make progress so as to endanger timely performance of the Contract.

Any termination for default shall be effected by written notice to the contractor of the terminati on, specify the acts or omissions of the Contractor constituting the default and the effective dates of the termination.

The Contra
ctor shall not be liable if the failure to perform the resultant Contract arises from the causes beyond the control and without the fault or negligence of the Contractor. The Contractor will be liable for default or any subcontractor, regardless of tie
r. However, if the cause is beyond the control of both the contractor and subcontractor and without the fault of either, the contractor will not be liable to the failure to perform, unless the supplies could have been obtained from the other source
s in sufficient time for the Contractor to meet the required delivery schedule.

After termination for default, the City may
acquire, under the terms and in the manner the Purchasing Services Agent considers appropriate, goods identical or similar to tho se required by the Contract, and the contractor will be liable to the City for the cost of those goods in excess of the unexpecte d Contract amount.

Upon termination of the contract, all finished or unfinished goods provided by the Contractor and not yet delivered, rendered and accepted by the City shall, at the City’soption, become the City’sproperty. The City shall pay the contra
ctor fair and equitable compensation for satisfactory performance prior to delivery of notice of termination, less the amount of damages, caused by the Contractor’sbreach. If the damages are more than the compensation payable to the Contractor, the Contra
ctor shall pay the difference to the City promptly upon demand. The Term “damages” as used in this paragraph includes, but is not limited to, attorney’s fees.

If after termination it is found that the Contractor wvas not at default, or that the delayed was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been iss ued pursuant to sub-
paragraph “B” below, entitled “Termination for Convenience.” The rights and remedies of the City described
herein shall be addition to any other rights and remedies provided by law or under any other provision of the Contract.

B. Terminati
on for Convenience: The contract may be terminated by the City, in whole or in part, whenever, the Purchasing Agent determines, in his sole discretion, that is in the City’sbest interests. Any such termination shall be effected by a written notice
of termination to the Contractor specifying the extent to which the Contract is terminated and the effective date of the termin ation.

1. After receipt of a notice of termination and except as otherwise directed, the Contractor shall:
a) Stop all performan
ce on the date indicated and to the extent specified;
b) Place no further orders or subcontractors for materials, except as nec essary for the completion of such portion(s) of the Contract not terminated. c) Terminate any and all subcontractors’agreements
and with the approval of the City, settle all outstanding liabilities and termination settlement proposal arising from the ter mination of subcontractors;
d) If directed by the City, transfer title and deliver to the City the Contractor’sWork in Proces s, finished goods and other material produced or acquired, including any completed or partially completed plans, drawings, inform
ation and other property that, if the Contract had not been terminated, would be required to be furnished to the City. If the Cit y does not exercise this right, the Contractor shall use his best efforts to sell such goods and materials in accordance
with the provisions of Commercial Code Section 2706;
e) Complete performance of any portion of the Contract not terminate d;
f) Submit to the Purchasing Agent a termination claim in the form perceived by the Purchasing Agent. The Contractors shall not be reimbursed for and waives any right to receive anticipatory profits not earned up to the effective date of termination.

2. The Contractor shall be entitled to recover the following costs in a termination for convenience:
a) The Contractor price for
the completed goods accepted by the City but not preciously paid for:
b) Costs already incurred in the performance of the por tion of the Contract terminated;
c) The reasonable costs of settlement expenses for the portion of the Contract terminated; and
d) The cost of settling and paying any termination settlement proposals under terminated subcontractors that are properly chargeable to the terminated portion of the Contract.

3. In arriving at the amount due to the Contractor, the following shall be deducted:
a) All unliquidated, advance or other payments to the Contractor under the terminated portion of the Contract; and b) Any claim which the Cit has against the Contractor under the Contract or any other contract.

C. Termination for Lack of Approp
riation: If funds are not appropriated or if funds are not otherwise made available to the City for continued performance of the Con tract for any fiscal period covered by the Contract, the Contract shall be automatically terminated as of the beginning of the fis cal year for which funds were not appropriated or otherwise made available; however, this will not effect either the City’srig ht nor the Contractor’srights
under any other termination provision in the Contract. The effect of a termination of the resultant Con tact under this subparagraph “C” will be to discharge both the City and the Contractor both to discharge both the City and the Contractor from further performance of the Contract, but not form their obligations existing at the time of termination.

The Contractor shall be reimbursed for any non-recurring costs incurred but not amortized in the price of the goods delivered
under the Contract.

8. LIABILITY. The City shall not be responsible for any damage that may accrue by reason of death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licenses or for damages to any property of the Vendor, or
that may arise or be set up at any time because of personal injury or damage to property sustained by any other person or person s, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of thi
s purchase order. The Vendor shall assume full responsibility for the defense or any claim arising under this purchase order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof from all damages, costs, or expens e, in law or in equity because of personal injury, property damages, or alleged or actual patent infringements based on the performance of this purchase order or
asserted against it.

9. DISPUTES. All disputes concerning questions of fact which may arise under this purchase order, and not disposed of by mutual consent, shall be decided by the Purchasing Agent.

10. A copy
of the freight bill MUST accompany invoices whenever freight charges are prepaid and added to invoice.

11. If, for any reason
, an over-payment is made, we require prompt refund via your prompt refund via your property check, in order that we can exp edite clearing of the overpayment through our accounting system.

12. The articles covered by this purchase order or contra ct must conform with safety order of the California Division of Industrial Safety.

13. This purchase order may be accept
ed by any means or part performance, provided Seller unqualifiedly agrees to all the terms and conditions appearing on the face hereof or added supplements hereto including those terms and conditions set forth on the purchase order. In the event Seller’s acc eptance proposed additional or different terms, such terms shall not be binding upon City of Fontana except to the extent City of Fontana gives its specific
agreement in writing to such terms.

V 6/2018
38 City of Fontan
a
8353 Sierra Avenue
Fontana, CA 92335

REVISED

PURCHASE
ORDER
Fiscal Year

THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND
SHIPPING PAPERS.

Purchase
Order #
www.fontana.org
purchasing
@fontana.org
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Purchase Order
V
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Vendor Fax Number Vendor Email Address Requisition Number Delivery Reference
Date Ordered Vendor Number Date Required Freight Method/Terms Department Item# Description/PartNo QTY UOM Unit Price Extended Price *************** GL SUMMARY
***************
By:

Purchasing Officer VENDOR COPY
2024 Page: 1 of: 1
22400508 - 01
City of Fontana
Accounts Payable
8353 Sierra Avenue
Fontana, CA 92335
Email Invoices to: [email protected]
David Evans And Associates, Inc.
2100 S River Parkway Ste 100
Portland, OR 97201-4830
Phone: 909-912-7344

DEPARTMENT OF PUBLIC WORKS
16489 ORANGE WAY
FONTA
NA, CA 92335
12400479
10/23/2023 100044 Public Works & Engineering
TP
Task Order No. 3
Proposal Number: SQ-87-DE-19-25
Year 1 April 24, 2022 to April 25, 2023
Year 2 April
24, 2023 to April 25, 2024 (City Option)
1 EACH1.0 $93,000.00$93,000.00MODIFIED: On-Call Construction Landscape Plan Check Review and Inspection Services for period beginning July
1, 2023 through
April 24, 2024.
10137404 - 8130 $93,000.00
Total Ext. Price $93,000.00
Total Sales Tax $0.00
Total Freight $0.00
Total Discount $0.00
Total Credit $0.00
PO Total $93,000.0039

TERMS AND

CONDITIONS

1. PAYMENT. Payments shall be made, upon submission of itemized invoices, of the prices stipulated here in for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided.

Payment on par
tial deliveries may be made whenever amounts due so warrant, when requested by the Vendor and approved by the Purchasing Age nt. Terms are Net 30 Days.

2. LICENSE. All companies doing business in the City of Fontana are required to provide a valid Cit y of Fontana business license prior to payment of any invoice(s) submitted.

3. INSPECTION. All materials and workmanship
are subject to inspection and test by the City for compliance and specifications as included herein. In the event articles or services are defective or not in conformity with this order, the City shall have the right either to reject the items or req uire correction. Defective articles or services shall be removed from City premises and/or corrected by and at the expens e of the Vendor. Failure to inspect and accept or
reject shall not relieve the Vendor from responsibility for compliance wit h specifications. Final acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud.

4. RESPONSIBILITY. Unless otherwise specified, the Vendor shall be responsible for all items covered by this pur chase order until delivered at the designated delivery point, and the Vendor shall bear all risks as to items rejected or requir
ing correction after notice of such rejection or correction is given.

5. CHANGES. This purchase order may at any time, by wri tten order, be changed in regards to the materials or services to be furnished, quantities ordered, unit price, discount, delivery point or arrangement, terms, or any other matter affecting a valid order. In the event such change causes an increase or decrease in the cost of performance hereunder, an equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Agent, and
written notice given therefore.

6. VARIATIONS-QUANTITIES. No variation in the qualit
y or quantity of any item called for by this purchase order shall be acceptable except in pursuance of written change order so authorizing and no change in cost shall be valid
unless so ordered.

7. TERMINATION.

A. Termination for Default: Contract may
be terminated by the City, in whole or in part, whenever the City shall determine that the Contractor has failed to meet the requirement(s) of the Contract.

The City has the right to terminate for default of:

1. The Contractor fails to make delivery of
acceptable supplies in an acceptable manner within the time specified in the resultant Contract; or

2. The Contractor fails to
satisfactorily perform any other term or condition of the resultant Contract; or

3. The Contractor fails to make progress so
as to endanger timely performance of the Contract.

Any termination for default shall be effected by written notice to the contra ctor of the termination, specify the acts or omissions of the Contractor constituting the default and the effective dates of the termination.

The Contractor shall not be liable if the failure to perform the resultant Contract arises from the causes beyond the control and without the fault or negligence of the Contractor. The Contractor will be liable for default or any subcontracto
r, regardless of tier. However, if the cause is beyond the control of both the contractor and subcontractor and without the fault of either, the contractor will not be liable to the failure to perform, unless the supplies could have been obtained
from the other sources in sufficient time for the Contractor to meet the required delivery schedule.

After termination for
default, the City may acquire, under the terms and in the manner the Purchasing Services Agent considers appropriate, goods identi cal or similar to those required by the Contract, and the contractor will be liable to the City for the cost of those goods in
excess of the unexpected Contract amount.

Upon termination of the contract, all finished or unfinished goods provided by the Contractor and not yet delivered, rendered and accepted by the City shall, at the City’soption, become the City’sproperty. The Cit y shall pay
the contractor fair and equitable compensation for satisfactory performance prior to delivery of notice of terminati on, less the amount of damages, caused by the Contractor’sbreach. If the damages are more than the compensation payable to the
Contractor, the Contractor shall pay the difference to the City promptly upon demand. The Term “damages” as used in this paragraph includes, but is not limited to, attorney’s fees.

If after termination it is found that the Contractor wvas not at default, or that the delayed was excusable, the rights and obligations of the parties shall be the same as if the notice of ter mination had been issued pursuant to sub-
paragraph “B” below, entitled “Termination for Convenience.” The rights and remedies
of the City described herein shall be addition to any other rights and remedies provided by law or under any other provision of the Contract.

B. Termination for Convenience: The contract may be terminated by the City, in whole or in part, whenever, the Purchasin g Agent determines, in his sole discretion, that is in the City’sbest interests. Any such termination shall be effected
by a written notice of termination to the Contractor specifying the extent to which the Contract is terminated and the effect ive date of the termination.

1. After receipt of a notice of termination and except as otherwise directed, the Contractor shall:
a) Stop all performance on the date indicated and to the extent specified; b) Place no further orders or subcontractors for mat
erials, except as necessary for the completion of such portion(s) of the Contract not terminated. c) Terminate any and all subcon
tractors’agreements and with the approval of the City, settle all outstanding liabilities and termination settlement proposal arising from the termination of subcontractors;
d) If directed by the City, transfer title and deliver to the City the Contra ctor’sWork in Process, finished goods and other material produced or acquired, including any completed or partially completed plans, drawings,
information and other property that, if the Contract had not been terminated, would be required to be furnished to the City. If the City does not exercise this right, the Contractor shall use his best efforts to sell such goods and mat
erials in accordance with the provisions of Commercial Code Section 2706; e) Complete performance of any portion of the
Contract not terminated;
f) Submit to the Purchasing Agent a termination claim in the form perceived by the Purchasing Agent.

The Contractors shall not be reimbursed for and waives any right to receive anticipatory profits not earned up to the effective dat
e of termination.

2. The Contractor shall be entitled to recover the following costs in a termination for convenience:
a) The
Contractor price for the completed goods accepted by the City but not preciously paid for:
b) Costs already incurred in the
performance of the portion of the Contract terminated;
c) The reasonable costs of settlement expenses for the portion of the Contract terminated; and
d) The cost of settling and paying any termination settlement proposals under terminated subcontracto rs that are properly chargeable to the terminated portion of the Contract.

3. In arriving at the amount due to the Contractor,
the following shall be deducted:
a) All unliquidated, advance or other payments to the Contractor under the terminated portio n of the Contract; and
b) Any claim which the Cit has against the Contractor under the Contract or any other contract.

C. Terminati
on for Lack of Appropriation: If funds are not appropriated or if funds are not otherwise made available to the City for continued performance of the Contract for any fiscal period covered by the Contract, the Contract shall be automatically terminated as of
the beginning of the fiscal year for which funds were not appropriated or otherwise made available; however, this will not eff ect either the City’sright nor the Contractor’srights
under any other termination provision in the Contract. The effect of a terminati on of the resultant Contact under this subparagraph “C” will be to discharge both the City and the Contractor both to discha rge both the City and
the Contractor from further performance of the Contract, but not form their obligations existing at the time of termination. The Contractor shall be reimbursed for any non-recurring costs incurred but not amortized in the price of the goods delivered under the Contract.

8. LIABILITY. The City shall not be responsible for any damage that may accrue by reason of death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licenses or for damages to any proper ty of the
Vendor, or that may arise or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course
of performance of this purchase order. The Vendor shall assume full responsibility for the defense or any claim arising under this purchase order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof from all dam
ages, costs, or expense, in law or in equity because of personal injury, property damages, or alleged or actual patent infrin gements based on the performance of this purchase order or asserted against it.

9. DISPUTES. All disputes concerning questi
ons of fact which may arise under this purchase order, and not disposed of by mutual consent, shall be decided by the Purchasin g Agent.

10. A copy of the freight bill MUST accompany invoices whenever freight charges are prepaid and added to invoic e.

11. If, for any reason, an over-payment is made, we require prompt refund via your prompt refund via your property check, in order that we can expedite clearing of the overpayment through our accounting system.

12. The articles covered by this pur
chase order or contract must conform with safety order of the California Division of Industrial Safety.

13. This purcha
se order may be accepted by any means or part performance, provided Seller unqualifiedly agrees to all the terms and conditions appearing on the face hereof or added supplements hereto including those terms and conditions set forth on the purchase order. In
the event Seller’s acceptance proposed additional or different terms, such terms shall not be binding upon City of Fontan a except to the extent City of Fontana gives its specific agreement in writing to such terms.

V 6/2018
40 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2883 Agenda Date: 3/26/2024
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Accept a Grant and Approve and Authorize City Manager to Execute the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Agreement in the amount of $15,000,000 for the Building a Better Connected Inland Empire Project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan Area
RECOMMENDATION:

COUNCIL GOALS:
· 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 improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance. · To Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

On April 14, 2022, the City of Fontana submitted an application for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant for the Building a Better Connected Inland Empire project (“Project”) at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area. This project will provide major complete streets improvements including additional lane capacity, integrated traffic system, medians with protected left turns, streetlights, signage, roundabout, raised medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 miles multi- use trails, pedestrian crosswalks, and countdown signal heads. The project limits are Victoria Street between I-15/Cherry Avenue Interchange westbound ramp intersection and Cherry Avenue between SR-210 and Baseline Road.

In December 2022, Federal Highway Administration (FHWA) notified the City of the award of the City of Fontana Printed on 3/20/2024Page 1 of 2
powered by Legistar™
41 File #: 21-2883 Agenda Date: 3/26/2024
Agenda #: C. Category: Consent Calendar
grant in the amount of $15,000,000.00. Since then, staff have been working with FHWA and the California Department of Transportation (Caltrans) to finalize the grant agreement.

The grant agreement spells out terms and conditions required by the FHWA, Caltrans (direct recipient) and the City (indirect recipient), including the funding obligation deadline of September 30, 2026 and full expenditure deadline of September 30, 2031, in which the City is ahead of schedule.

The grant also requires the City to match a minimum of 20% of the project cost. This local match amount has been fully budgeted using Measure I Arterial find (Fund 245) and Circulation Mitigation fund (Fund 630). Since the grant was awarded, it has been brought to the staff’s attention that there may be additional funding needs to complete the project due to the recent construction cost escalation and ineligible items for the grant. The additional budget needs will be estimated, and staff will work on a funding plan and bring it forward to the Council for recommendation in the near future.

The project is currently in the Design and Environmental phase and scheduled to begin construction in early 2025.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in revenues and appropriations of $15,000,000 in Fund 301 for the Westgate project at Cherry Avenue and Victoria Street project - 37600042-301-A-5352. Once approved, the agreement will be fully executed and included in the next quarterly budget adjustment report.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/20/2024Page 2 of 2
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42 1 of 20
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 RAISE GRANT PROGRAM
This agreement is between the United States Department of Transportation (the “USDOT”) and the State of California Department of Transportation (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Building A Better-Connected Inland Empire project.

If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.

The parties therefore agree to the following:

ARTICLE 1
GENERAL TERMS AND CONDITIONS.

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects,” dated October 18, 2022, which is available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

ARTICLE 2
SPECIAL TERMS AND CONDITIONS.

There are no special terms for this award.
43 2 of 20

SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: Building A Better-Connected Inland Empire Application Date: April 14, 2022

2. Recipient’s Unique Entity Identifier.

See section 23.3 of the General Terms and Conditions.

3. Recipient Contact(s).

Alberto Vergel de Dios
District Local Assistance Engineer
State of California Department of Transportation
District 8, Planning/Local Assistance
464 W. Fourth Street, MS 760
San Bernardino, CA 92401-1400
(909) 806-3944
[email protected]

4. Recipient Key Personnel.

None.

5. USDOT Project Contact(s).

Peter Pangilinan
Discretionary Grants and Emergency Relief Program Manager Sr. Transportation Engineer - District 1, 2, 6, 10
Project Delivery Team
FHWA – California Division
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814
(916) 498-5886
[email protected]

6. Payment System.

USDOT Payment System: FMIS

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Division 44 3 of 20

8. Federal Award Identification Number.

See section 23.2 of the General Terms and Conditions.

9. Designated Subrecipient.

Designated Subrecipient: City of Fontana
Designated Subrecipient Project Contacts:

Gia Kim
Public Works Director/City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6655
[email protected]

45 4 of 20

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

This project will provide major complete streets improvements, including additional lane capacity, integrated traffic system, medians with protected left turns, bus turnouts, streetlights, signage, roundabout, and raised medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 mile multi-use trails, pedestrian crosswalks, bridge, and countdown signal heads. The project limits are Victoria Street between I-15/Cherry Avenue Interchange westbound ramp intersection and Cherry Avenue and Cherry Avenue between SR-210 and Baseline Road, as depicted in Exhibit 1: Project Location and Scope of Work on page 4 in the grant application.

2. Statement of Work.

The project scope includes realignment, widening ROW to enable 20’ lanes, and reconstructing approximately 5,000 feet of Victoria Street from a two-lane rural roadway to 4-lane collector street from Interstate 15/Cherry Avenue Interchange westbound ramp intersection to Cherry Avenue. Other improvements to Victoria Street include the following:
 Add 10’ median, sidewalk, curb, and gutter
 Realign roadway to crease a four-way intersection
 Add Class I and Class II bicycle lanes
 Pedestrian crossing/signal at trail intersection
 Add lighting, roundabout, and two bus turnouts
 Broadband, stormwater, sewer, water, and recycled water infrastructure  San Sevaine Multi-Use Trail Improvements
 Pedestrian Bridge over Channel
Widening and capacity improvements to approximately 1.2 miles of the four-lane rural roadway Cherry Avenue from State Route 210 to Baseline Avenue. Improvements to Cherry Avenue include the following:

 Widen ROW to six lanes
 Add 20’ raised median, sidewalk, curb, and gutter
 New traffic signals at Cherry Avenue and South Highland Avenue intersection and Cherry Avenue and Victoria Street/Walnut Avenue intersection.  Add Class I and Class II bicycle lanes
 Add lighting and two bus turnouts
 Broadband, stormwater, sewer, water, and recycled water infrastructure

46 5 of 20

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: December 31, 2027
Period of Performance End Date: See section 4.5 of the General Terms and Conditions

2. Estimated Project Schedule.

Milestone Schedule Date
Planned Construction Substantial Completion and Open
to Traffic Date:

December 31, 2026

3. Special Milestone Deadlines.

None.
47 6 of 20

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

RAISE Grant Amount: $15,000,000

2. Federal Obligation Information.

Federal Obligation Type: Single

3. Approved Project Budget.

Eligible Project Costs
Total
RAISE Funds: $15,000,000
Other Federal Funds: $1,714,222
Non-Federal Funds: $5,709,027
Total: $22,423,249

4. Cost Classification Table
Reserved.

5. Approved Pre-award Costs
None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. 48 7 of 20

SCHEDULE E

CHANGES FROM APPLICATION

Scope: No Change.

Schedule: The SF-424 for this project shows the project beginning on 11/21/2022 and ending on 12/31/2022, this was an error when completing the form. The construction of the project is expected to begin in early 2025 and be completed in December 2026. The application states that the anticipated completion date in December 2025. The delay in schedule is due to many unforeseen challenges, including longer than anticipated environmental review, design refinement, and agreement processing time. The project team is diligently working to catch up to the schedule as much as possible.

Budget: The city requested $15,088,195, but the awarded amount was $15,000,000 as shown on Schedule D. The City of Fontana will be responsible to fund the difference.

The table below provides a summary comparison of the Project budget.

Fund Source
Application Schedule D
$ % $ %
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
RAISE Funds 15,088,195 67% 15,000,000 67%
Other Federal Funds $1,714,222 7.6% 1,714,222 8%
Non-Federal Funds 5,620,832 25.4% 5,709,027 25%
Total Future Eligible Project
Costs 22,423,249 100% 22,423,249 100%
Total Project Costs 22,423,249 22,423,249

Other: N/A

49 8 of 20

SCHEDULE F

RAISE PROGRAM DESIGNATIONS

1. Urban or Rural Designation.

Urban-Rural Designation: Urban

2. Capital or Planning Designation.

Capital-Planning Designation: Capital

3. Historically Disadvantaged Community or Area of Persistent Poverty Designation.

HDC or APP Designation: No

4. Funding Act.

Funding Act: IIJA FY2022
50 9 of 20

SCHEDULE G

RAISE PERFORMANCE MEASUREMENT INFORMATION
Study Area: Data will be collected on Cherry Avenue between SR-210 and Baseline Ave and Victoria Avenue between I-15 and Cherry Avenue

Baseline Measurement Date: June 1, 2024

Baseline Report Date: July 1, 2024
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Auto Crash Rates
Safety
Crash rates will be measured and reported
as crashers per 100 million VMT and
identified by the following severity
categories: fatal, injury, and property-
damage-only (PDO) crashed
Annual
Average Intersection Delay

Economic Competitiveness, Quality of
Life and
The measure assesses the time spent
stopped in queue while waiting to pass
through the intersection.

Annual

51 10 of 20

SCHEDULE H

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate:

X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
X The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
52 11 of 20

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions - The Building A Better Connected Inland Empire project (Project) supports San Bernardino County Transportation Authority’s (SBCTA’s) Regional Greenhouse Gas Reduction Plan. The plan outlines Fontana’s adopted policy statements which support and promote regional transit system, developing non-motorized trails and bicycle routes, increasing densities via transit-oriented development, and linking activity center with residential neighborhoods. The Project supports the plan by proposing infrastructure that include trail, bike lanes, and transit systems.

The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities – Prior to the application submittal, the City used the EJSCREEN and confirmed that the neighborhoods near the project limits are of high concern from an environmental justice perspective, and concluded that environmental and infrastructure improvements will help to reduce pollution and improve air 53 12 of 20
quality. With the proposed improvements, which promote more active, less-car dependent lifestyles, a minimal impact to the environmental justice communities is expected.

54 13 of 20

SCHEDULE I

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
X
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
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2. Supporting Narrative.

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project – City will develop an equity plan for the overall project in the months to come and will proactively work to address issues related to racial equity.

The plan will list specific diversity and inclusion goals and maintaining the goals throughout the project. A project personnel who will be assigned and accountable for meeting each goal.

Deadlines and actual measurements in achieving the goals will also be included.

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation - Almost 10% of the proposed project funds are to construct about

4.4 miles of ADA-compliant separated sidewalks (with curbs and gutters) and pedestrian walkways/trails, where none currently exist. Other pedestrian safety improvements include:
pavement markings, pedestrian countdown signal heads at signalized and unsignalized intersections, pedestrian bridge across the San Sevaine Channel, safety signs, ADA ramps, and street lighting. The project site is surrounded by neighborhoods, some of which have a low- income population of up to 22%, while nearby areas reach as high as 48% low income. We anticipate that the students residing in these low-income neighborhoods, who typically walk to school, will experience direct and significant advantages from the project's complete street components.

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation – The project includes sidewalks, ADA-compliant curb ramps and Class 1 bike lanes where none currently exist. The proposed improvements will provide more pedestrian-friendly travel for students attending the schools within the project area.

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SCHEDULE J

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) X
The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
X
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
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The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City of Fontana has efforts in place to prevent harassment. It is the City’s policy that no person, corporation, partnership, company, or other individual or entity located within, or conducting business within, the city's limits shall discriminate against any other person or entity in the provision of and/or opportunity to participate in or enter into a place of business, obtain 58 17 of 20
housing, use public accommodations, obtain an education, obtain and maintain employment, enter into a contract, and/or participate in or obtain any program, service, or amenity provided to the general public on the basis of the latter's race, color, religion, national origin, gender, disability, sexual orientation, gender identity or expression, family or marital status, ancestry, age, and/or veteran status. These efforts will be announced for the project through the City’s advertising and selection process for consultants and contractors. These will be implemented in the contracts with oversight by the City.

The construction project will also use the On-the-Job Training (OJT) program and registered apprenticeship program to create a diverse workforce through the training and upgrading of minorities, women, and disadvantaged people in highway heavy construction. The programs seek to improve access for people to reach journey level positions and develop high-quality career path. The project Contractor will be required to prepare an OJT Program Proposal and apprenticeship program as part of the Contract award. The constriction contractor will be required to submit Form FHWA-1391 or equivalent, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work.
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RECIPIENT SIGNATURE PAGE

The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

State of California Department of Transportation

Date
By: Signature of Recipient’s Authorized Representative

Tony Tavares, Director
California Department of Transportation

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DESIGNATED SUBRECIPIENT SIGNATURE PAGE

The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

City of Fontana

Date
By: Signature of Designated Subrecipient’s Authorized
Representative

Matthew Ballantyne
Name

City Manager
Title

61 20 of 20

USDOT SIGNATURE PAGE

The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

UNITED STATES DEPARTMENT OF

TRANSPORTATION

Date
By: Signature of USDOT’s Authorized Representative

Elissa Konove
Name

Acting FHWA California Division Administrator
Title

62 1 of 32
U.S. DEPARTMENT OF TRANSPORTATION

GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT PROGRAM:

FHWA PROJECTS
Revision date: October 18, 2022
63 2 of 32
Table of Contents
Article 1 Purpose............................................................................................................................. 6

1.1 Purpose. ............................................................................................................................ 6 Article 2 USDOT Role.................................................................................................................... 6

2.1 Division of USDOT Responsibilities. .............................................................................. 6

2.2 USDOT Program Contacts. .............................................................................................. 7 Article 3 Recipient Role.................................................................................................................. 7

3.1 Statements on the Project. ................................................................................................ 7

3.2 Statements on Authority and Capacity. ............................................................................ 7

3.3 USDOT Reliance.............................................................................................................. 8

3.4 Project Delivery................................................................................................................ 8

3.5 Rights and Powers Affecting the Project. ........................................................................ 8

3.6 Notification of Changes to Key Personnel. ...................................................................... 8

3.7 Subaward to Designated Subrecipient.............................................................................. 9

3.8 Designated Subrecipient Statements and Responsibilities. .............................................. 9

3.9 Title 23 Oversight Responsibilities for Subawards. ......................................................... 9 Article 4 Award Amount, Obligation, and Time Periods ............................................................... 9

4.1 Federal Award Amount. ................................................................................................... 9

4.2 Federal Funding Source. .................................................................................................. 9

4.3 Federal Obligations. ....................................................................................................... 10

4.4 Budget Period. ................................................................................................................ 11

4.5 Period of Performance. ................................................................................................... 11 Article 5 Statement of Work, Schedule, and Budget Changes ..................................................... 12

5.1 Notification Requirement. .............................................................................................. 12

5.2 Scope and Statement of Work Changes. ........................................................................ 12

5.3 Schedule Changes. ......................................................................................................... 12

5.4 Budget Changes.............................................................................................................. 12

5.5 USDOT Acceptance of Changes. ................................................................................... 13 Article 6 General Reporting Terms ............................................................................................... 14

6.1 Report Submission. ........................................................................................................ 14

6.2 Alternative Reporting Methods. ..................................................................................... 14

6.3 Paperwork Reduction Act Notice. .................................................................................. 14 Article 7 Progress and Financial Reporting .................................................................................. 14

7.1 Quarterly Project Progress Reports and Recertifications. .............................................. 14

7.2 Final Progress Reports and Financial Information. ........................................................ 14 Article 8 Performance Reporting .................................................................................................. 15

8.1 Baseline Performance Measurement. ............................................................................. 15

8.2 Post-construction Performance Measurement. ............................................................... 15

8.3 Project Outcomes Report. .............................................................................................. 15

8.4 Performance Reporting Survival. ................................................................................... 16 Article 9 Noncompliance and Remedies....................................................................................... 16

9.1 Noncompliance Determinations. .................................................................................... 16

9.2 Remedies. ....................................................................................................................... 17

9.3 Other Oversight Entities. ................................................................................................ 17 Article 10 Agreement Termination ............................................................................................... 18

10.1 USDOT Termination. ..................................................................................................... 18 64 3 of 32

10.2 Closeout Termination. .................................................................................................... 18

10.3 Post-Termination Adjustments. ...................................................................................... 18

10.4 Non-Terminating Events. ............................................................................................... 19

10.5 Other Remedies. ............................................................................................................. 19 Article 11 Monitoring, Financial Management, Controls, and Records ....................................... 19

11.1 Recipient Monitoring and Record Retention. ................................................................ 19

11.2 Financial Records and Audits. ....................................................................................... 19

11.3 Internal Controls. ............................................................................................................ 20

11.4 USDOT Record Access. ................................................................................................. 20 Article 12 Contracting and Subawards ......................................................................................... 20

12.1 Minimum Wage Rates. ................................................................................................... 20

12.2 Buy America. ................................................................................................................. 20

12.3 Small and Disadvantaged Business Requirements......................................................... 21

12.4 Engineering and Design Services. .................................................................................. 21

12.5 Foreign Market Restrictions. .......................................................................................... 21

12.6 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. ................................................................................................................. 21

12.7 Pass-through Entity Responsibilities. ............................................................................. 21

12.8 Subaward and Contract Authorization. .......................................................................... 21 Article 13 Costs, Payments, and Unexpended Funds ................................................................... 22

13.1 Limitation of Federal Award Amount. ........................................................................... 22

13.2 Projects Costs. ................................................................................................................ 22

13.3 Timing of Project Costs.................................................................................................. 22

13.4 Recipient Recovery of Federal Funds. ........................................................................... 22

13.5 Unexpended Federal Funds. ........................................................................................... 22

13.6 Timing of Payments to the Recipient. ............................................................................ 22

13.7 Payment Method. ........................................................................................................... 23

13.8 Information Supporting Expenditures. ........................................................................... 23

13.9 Reimbursement Frequency. ............................................................................................ 23 Article 14 Liquidation, Adjustments, and Funds Availability ...................................................... 23

14.1 Liquidation of Recipient Obligations. ............................................................................ 23

14.2 Funds Cancellation. ........................................................................................................ 24 Article 15 Agreement Modifications ............................................................................................ 24

15.1 Bilateral Modifications. .................................................................................................. 24

15.2 Unilateral Contact Modifications. .................................................................................. 24

15.3 USDOT Unilateral Modifications. ................................................................................. 24

15.4 Other Modifications. ...................................................................................................... 24 Article 16 Climate Change and Environmental Justice ................................................................ 25

16.1 Climate Change and Environmental Justice................................................................... 25 Article 17 Racial Equity and Barriers to Opportunity .................................................................. 25

17.1 Racial Equity and Barriers to Opportunity. .................................................................... 25 Article 18 Labor and Work ........................................................................................................... 25

18.1 Labor and Work. ............................................................................................................ 25 Article 19 Federal Financial Assistance, Administrative, and National Policy Requirements .... 25

19.1 Uniform Administrative Requirements for Federal Awards. ......................................... 25

19.2 Federal Law and Public Policy Requirements. .............................................................. 25 65 4 of 32

19.3 Federal Freedom of Information Act. ............................................................................ 26

19.4 History of Performance. ................................................................................................. 26

19.5 Whistleblower Protection. .............................................................................................. 26

19.6 External Award Terms and Obligations. ........................................................................ 26

19.7 Incorporated Certifications. ............................................................................................ 27 Article 20 Assignment .................................................................................................................. 27

20.1 Assignment Prohibited. .................................................................................................. 27 Article 21 Waiver .......................................................................................................................... 27

21.1 Waivers........................................................................................................................... 27 Article 22 Additional Terms and Conditions ................................................................................ 27

22.1 Effect of Urban or Rural Designation. ........................................................................... 27

22.2 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. ............................................................................................................... 27

22.3 Disclaimer of Federal Liability. ..................................................................................... 28

22.4 Relocation and Real Property Acquisition. .................................................................... 28

22.5 Equipment Disposition. .................................................................................................. 28

22.6 Environmental Review. .................................................................................................. 28

22.7 Railroad Coordination. ................................................................................................... 30 Article 23 Mandatory Award Information .................................................................................... 30

23.1 Information Contained in a Federal Award.................................................................... 30

23.2 Federal Award Identification Number. .......................................................................... 30

23.3 Recipient’s Unique Entity Identifier. ............................................................................. 30 Article 24 Construction and Definitions ....................................................................................... 31

24.1 Schedules. ....................................................................................................................... 31

24.2 Exhibits........................................................................................................................... 31

24.3 Construction. .................................................................................................................. 31

24.4 Integration. ..................................................................................................................... 32

24.5 Definitions. ..................................................................................................................... 32 Article 25 Agreement Execution and Effective Date ................................................................... 32

25.1 Counterparts. .................................................................................................................. 32

25.2 Effective Date. ................................................................................................................ 32 66 5 of 32
Index of Definitions
Administering Operating Administration ....................................................................................... 7 Designated Subrecipient ................................................................................ Schedule A, Section 9 Environmental Review Entity ....................................................................................................... 28 Federal Share ................................................................................................................................ 13 FHWA ............................................................................................................................................. 7 General Terms and Conditions ..................................................................................................... 32 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 14 Program Statute ............................................................................................................................. 32 Project ........................................................................................................................................... 32 Project Closeout ............................................................................................................................ 18 Project Cost Savings ..................................................................................................................... 13 RAISE Grant ................................................................................................................................. 32 Recipient .................................................................................................... Project-Specific Recitals Technical Application ................................................................................................................... 32 USDOT ........................................................................................................................................... 6

67 6 of 32

GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) appropriated funds to the United States Department of Transportation (the “USDOT”) for fiscal year 2022 under the heading “National Infrastructure Investments.” The funds are available to carry out 49 U.S.C. 6702 by providing Federal financial assistance for surface transportation infrastructure projects that will have a significant local or regional impact. The USDOT program administering those funds is the RAISE grant program.

On January 14, 2022, the USDOT posted a funding opportunity at Grants.gov with funding opportunity title “FY 2022 National Infrastructure Investments” and funding opportunity number DTOS59-22-RA-RAISE. The notice of funding opportunity posted at Grants.gov, as amended on March 22, 2022, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal year 2022 RAISE grant program. On August 11, 2022, the USDOT announced application selections under the NOFO.

These general terms and conditions are incorporated by reference in a project-specific agreement under the fiscal year 2022 RAISE grant program. The term “Recipient” is defined in the project-specific portion of the agreement. The project-specific portion of the agreement includes schedules A through J. The project-specific portion of the agreement may include special terms and conditions in project-specific articles.

ARTICLE 1

PURPOSE

1.1 Purpose. The purpose of this award is to fund an eligible project that will have a significant local or regional impact and improve transportation infrastructure. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Technical Application, as modified by schedule D.

ARTICLE 2

USDOT ROLE

2.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the RAISE grant program, the approval of this agreement, and any modifications to this agreement under section 15.1.
68 7 of 32
(b) The Federal Highway Administration (the “FHWA”) will administer this agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.

2.2 USDOT Program Contacts.

FHWA RAISE Program Manager
Federal Highway Administration
Office of Freight Management and Operations
1200 New Jersey Avenue SE
Room E84-429
Washington, DC 20590
(202) 366-2639 or (202) 366-1200
[email protected]
and
OST RAISE Grants Coordinator
United States Department of Transportation
Office of the Secretary
1200 New Jersey Avenue SE
Room W84-227
Washington, DC 20590
(202) 366-8914
[email protected]
ARTICLE 3

RECIPIENT ROLE

3.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Technical Application were accurate when that application was submitted; and
(2) schedule E documents all material changes in the information contained in that application.

3.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) it has the legal authority to complete the Project; (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
69 8 of 32
(4) not less than the difference between the total eligible project costs listed in section 3 of schedule D and the RAISE Grant Amount listed in section 1 of schedule D is committed to fund the Project;
(5) it has sufficient funds available to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 3 and in section 19.7 on behalf of the Recipient.

3.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Technical Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Technical Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Technical Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

3.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal laws, regulations, and policies that are applicable to projects of the Administering Operating Administration.

3.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprive it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
(b) The Recipient shall act promptly, in a manner acceptable to the USDOT, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.

3.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 70 9 of 32
calendar days of any change in key personnel who are identified in section 4 of schedule A.

3.7 Subaward to Designated Subrecipient. If section 9 of schedule A identifies a Designated Subrecipient:
(1) the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.1;
(2) the Recipient and the Designated Subrecipient may enter into a separate agreement, to which the USDOT is not a party, assigning responsibilities, including administrative and oversight responsibilities, among the Recipient and the Designated Subrecipient; and
(3) for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity.

3.8 Designated Subrecipient Statements and Responsibilities. If section 9 of schedule A identifies a Designated Subrecipient:
(1) the Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2; and (2) the Designated Subrecipient assumes the Recipient’s reporting obligations under articles 7 and 8.

3.9 Title 23 Oversight Responsibilities for Subawards. If section 9 of schedule A identifies a Designated Subrecipient, then for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code.

ARTICLE 4

AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

4.1 Federal Award Amount. The USDOT hereby awards a RAISE Grant to the Recipient in the amount listed in section 1 of schedule D as the RAISE Grant Amount.

4.2 Federal Funding Source.
(a) If section 4 of schedule F identifies the Funding Act as “IIJA,” then the RAISE Grant is from RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021). (b) If section 4 of schedule F identifies the Funding Act as “FY2022,” then the RAISE Grant is from RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022). 71 10 of 32
(c) If section 4 of schedule F contains a table that lists separate amounts for “IIJA” and “FY2022,” then the amount listed for “IIJA” is from RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021) and the amount listed for “FY2022” is from RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022).

4.3 Federal Obligations.
(a) If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then this agreement obligates for the budget period the amount listed in section 1 of schedule D as the RAISE Grant Amount and sections 4.3(c)–4.3(h) do not apply to this agreement. (b) If the Federal Obligation Type identified in section 2 of schedule D is “Multiple,” then an amount up to the RAISE Grant Amount listed in section 1 of schedule D will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 4.3(c)–4.3(h).
(c) The Obligation Condition Table in section 2 of schedule D allocates the RAISE Grant among separate portions of the Project for the purpose of the Federal obligation of funds.

The scope of each portion of the Project that is identified in that table is described in section 2 of schedule B.
(d) This agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table does not list an obligation condition. (e) This agreement does not obligate amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only as described in section 4.3(f) or by modifying this agreement under article 15. (f) For each portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, the amount allocated in that table to that portion of the Project is obligated if, not later than the statutory lapse date identified in section

4.3(h) for that portion of the Project, the parties execute an instrument, in the form provided in Exhibit D, documenting that:
(1) the USDOT determines that the obligation condition listed in that table for that portion of the Project is satisfied;
(2) the USDOT determines that all applicable Federal requirements for obligating the amount are satisfied; and
(3) the Recipient states that it is not required to request a modification of this agreement under article 5.
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(g) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.3(f).
(h) RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), lapses and is unavailable for obligation, by statute, after September 30, 2026. RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) will not lapse and remains available for obligation until expended.

Section 4.2 identifies the specific source or sources of funding for this award. (i) The Recipient acknowledges that:
(1) the USDOT is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.3(f);
(2) any portion of the RAISE Grant that is not obligated under this section 4.3 by the statutory lapse date identified in section 4.3(h) for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the USDOT may consider the failure to obligate funds by the statutory lapse date identified in section 4.3(h) for those funds to be a basis for terminating this agreement under section 10.1.

4.4 Budget Period. The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 1 of schedule C. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

4.5 Period of Performance.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the period of performance for this award is listed on page 1, line 6 of the project-specific agreement.
(c) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 73 12 of 32
ARTICLE 5

STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

5.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 5.1 is separate from any requirements under this article 5 that the Recipient request modification of this agreement.

5.2 Scope and Statement of Work Changes. If the Project’s activities differ from the activities described in schedule B, then the Recipient shall request a modification of this agreement to update schedule B.

5.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request a modification of this agreement to update schedule C:
(1) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C; (2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C; or
(3) the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing” and a schedule change would require the period of performance to continue after the period of performance listed on page 1, line 6 of the project- specific agreement.

For other schedule changes, the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.

5.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request a modification of this agreement to update schedule D if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D:
(1) the total “Non-Federal Funds” amount decreases; or
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(2) the total eligible project costs amount decreases.
(c) For budget changes that are not identified in section 5.4(b), the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.
(d) If there are Project Cost Savings, then the Recipient may propose to the USDOT, in writing consistent with the Administering Operating Administration’s requirements, to include in the Project specific additional activities that are within the scope of this award, as defined in section 1.1 and schedule B, and that the Recipient could complete with the Project Cost Savings.

In this agreement, “Project Cost Savings” means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D.
(e) If there are Project Cost Savings and either the Recipient does not make a proposal under section 5.4(d) or the USDOT does not accept the Recipient’s proposal under section

5.4(d), then:
(1) in a request under section 5.4(b), the Recipient shall reduce the Federal Share by the Project Cost Savings; and
(2) if that modification reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall refund to the USDOT the difference between the reimbursed costs and the revised award.

In this agreement, “Federal Share” means the sum of the total “RAISE Funds” and “Other Federal Funds” amounts that are listed in section 3 of schedule D. (f) The Recipient acknowledges that amounts that are required to be refunded under section

5.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

5.5 USDOT Acceptance of Changes. The USDOT may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RAISE grant program and the USDOT. The Recipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless the USDOT accepts that modification request and the parties modify this agreement under section 15.1.
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ARTICLE 6

GENERAL REPORTING TERMS

6.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 5 of schedule A and all USDOT contacts who are listed in section 2.2.

6.2 Alternative Reporting Methods. The Administering Operating Administration may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the Administering Operating Administration.

6.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2105- 0563.

ARTICLE 7

PROGRESS AND FINANCIAL REPORTING

7.1 Quarterly Project Progress Reports and Recertifications. On or before the 20th day of the first month of each calendar year quarter and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C. If the date of this agreement is in the final month of a calendar year quarter, then the Recipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.

7.2 Final Progress Reports and Financial Information. No later than 120 days after the end of the period of performance, the Recipient shall submit (1) a Final Project Progress Report and Recertification in the format and with the content described in exhibit C for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and (2) any other information required under the Administering Operating Administration’s award closeout procedures.
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ARTICLE 8

PERFORMANCE REPORTING

8.1 Baseline Performance Measurement. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then:
(1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in schedule G, accurate as of the Baseline Measurement Date that is identified in schedule G; and
(2) on or before the Baseline Report Date that is stated in schedule G, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 8.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in schedule G.

8.2 Post-construction Performance Measurement. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then
(1) for each performance measure that is identified in the Performance Measure Table in schedule G with quarterly measurement frequency, for each of 12 consecutive calendar quarters, beginning with the first calendar quarter that begins after the Project substantial completion date, at least once during the quarter, the Recipient shall collect data for that performance measure;
(2) for each performance measure that is identified in the Performance Measure Table in schedule G with annual measurement frequency, the Recipient shall collect data for that performance measure on at least three separate occasions: (i) once during the four consecutive calendar quarters that begin after the Project substantial completion date; (ii) once during the fourth calendar quarter after the first collection; and (iii) once during the eighth calendar quarter after the first collection; and
(3) not later than January 31 of each year that follows a calendar year during which data was collected under this section 8.2, the Recipient shall submit to the USDOT a Post-construction Performance Measurement Report containing the data collected under this section 8.2 in the previous calendar year and stating the dates when the data was collected.

If an external factor significantly affects the value of a performance measure collected under this section 8.2, then the Recipient shall identify that external factor in the Post- construction Performance Measurement Report and discuss its influence on the performance measure.

8.3 Project Outcomes Report. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then the Recipient shall submit to the USDOT, not later than January 31 of 77 16 of 32
the year that follows the final calendar year during which data was collected under section 8.2, a Project Outcomes Report that contains:
(1) a narrative discussion detailing project successes and the influence of external factors on project expectations;
(2) all baseline and post-construction performance measurement data that the Recipient reported in the Baseline Performance Measurement Report and the Post-construction Performance Measurement Reports; and
(3) an ex post examination of project effectiveness relative to the baseline data that the Recipient reported in the Baseline Performance Measurement Report.

8.4 Performance Reporting Survival. The data collection and reporting requirements in this article 8 survive the termination of this agreement.

ARTICLE 9

NONCOMPLIANCE AND REMEDIES

9.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 9.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.

To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 9.1(b); or 78 17 of 32
(2) if the Recipient fails to respond under section 9.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination.

9.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 9.1, the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 9.2(a), before making a final determination of noncompliance under section 9.1. If it does so, then the notice provided under section 9.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 9.2 or making a public interest determination under section 9.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 9.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

9.3 Other Oversight Entities. Nothing in this article 9 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
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ARTICLE 10

AGREEMENT TERMINATION

10.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-RAISE Grant contribution or alternatives approved by the USDOT as provided in this agreement and consistent with schedule D;
(2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Recipient fails to meet that milestone by six months after the date listed in section 2 of schedule C;
(3) the Recipient fails to meet a milestone listed in section 3 of schedule C by the deadline date listed in that section for that milestone; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the project schedule in schedule C even if it is beyond the reasonable control of the Recipient; (5) circumstances cause changes to the Project that the USDOT determines are inconsistent with the USDOT’s basis for selecting the Project to receive a RAISE Grant; or
(6) the USDOT determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 10.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 9.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section

10.1. 10.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.

10.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s 80 19 of 32
authority to disallow costs, including costs that the USDOT reimbursed before termination, and recover funds from the Recipient.

10.4 Non-Terminating Events.
(a) The end of the budget period described under section 4.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The end of the period of performance described under section 4.5 does not terminate this agreement or the Recipient’s obligations under this agreement. (c) The cancellation of funds under section 14.2 does not terminate this agreement or the Recipient’s obligations under this agreement.

10.5 Other Remedies. The termination authority under this article 10 supplements and does not limit the USDOT’s remedial authority under article 9 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.

ARTICLE 11

MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS

11.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.

11.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 11.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 81 20 of 32
200.301–200.303, 2 C.F.R. 200 subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 RAISE grants program in financial records required for audits under 31 U.S.C. 7501–7506.

Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. 200 subpart F, including “FY 2022” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”).

11.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.

11.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.

ARTICLE 12

CONTRACTING AND SUBAWARDS

12.1 Minimum Wage Rates. The Recipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with the Davis-Bacon Act, 40 U.S.C. 3141–3148, or 23 U.S.C. 113, as applicable, that contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

12.2 Buy America.
(a) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as implemented by the Federal Highway Administration. The Recipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b).
(b) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div.

G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(c) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference 82 21 of 32
for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.

12.3 Small and Disadvantaged Business Requirements.
(a) If any funds under this award are administered by or through a State Department of Transportation, the Recipient shall expend those funds in compliance with the requirements at 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). (b) If any funds under this award are not administered by or through a State Department of Transportation, the Recipient shall expend those funds in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”).

12.4 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), or an equivalent qualifications-based requirement prescribed for or by the Recipient and approved in writing by the USDOT.

12.5 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

12.6 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.

12.7 Pass-through Entity Responsibilities. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.

12.8 Subaward and Contract Authorization.
(a) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Division,” then the Recipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I, subchapter G. 83 22 of 32
(b) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination.

ARTICLE 13

COSTS, PAYMENTS, AND UNEXPENDED FUNDS

13.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated under section 4.3. The Recipient acknowledges that the USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.

13.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. 200 subpart E, including provisions on determining allocable costs and determining allowable costs.

13.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the budget period.
(b) The Recipient shall not charge to this award costs that were incurred before the date of this agreement unless those costs are identified in section 5 of schedule D and would have been allowable if incurred during the budget period. This limitation applies to costs incurred under an advance construction authorization (23 U.S.C. 115), costs incurred prior to authorization (23 C.F.R. 1.9(b)), and pre-award costs under 2 C.F.R. 200.458.

This agreement hereby terminates and supersedes any previous USDOT approval for the Recipient to incur costs under this award for the Project. Section 5 of schedule D is the exclusive USDOT approval of costs incurred before the date of this agreement.

13.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.

13.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 4.1 but not expended on allocable, allowable costs remain the property of the United States.

13.6 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the RAISE grant program. 84 23 of 32
(b) The Recipient shall not request reimbursement of a cost before the Recipient has entered into an obligation for that cost.

13.7 Payment Method.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Recipient shall follow FMIS procedures to request and receive reimbursement payments under this award.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient shall use the DELPHI eInvoicing System to request reimbursement under this award unless the USDOT agreement officer provides written approval for the Recipient to use a different request and payment method. (c) The USDOT may deny a payment request that is not submitted using the method identified in this section 13.7.

13.8 Information Supporting Expenditures.
(a) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail.

13.9 Reimbursement Frequency. If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly.

ARTICLE 14

LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY

14.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory funds cancellation date identified in section 14.2. 85 24 of 32
(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.

14.2 Funds Cancellation.
(a) RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), is canceled by statute after September 30, 2031, and then unavailable for any purpose, including adjustments. (b) RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) remains available until expended. (c) Section 4.2 identifies the specific source or sources of funding for this award.

ARTICLE 15

AGREEMENT MODIFICATIONS

15.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.

15.2 Unilateral Contact Modifications.
(a) The Recipient may update the contacts who are listed in section 3 of schedule A by written notice to all of the USDOT contacts who are listed in section 5 of schedule A and section 2.2.
(b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.2 by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.

15.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 15.3, the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.

15.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 15.1, 15.2, or 15.3. If an amendment, modification, or supplement is not permitted under section 15.1, not permitted under section 15.2, and not permitted under section 15.3, it is void.
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ARTICLE 16

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE

16.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), schedule H documents the consideration of climate change and environmental justice impacts of the Project.

ARTICLE 17

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

17.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), schedule I documents activities related to the Project to improve racial equity and reduce barriers to opportunity.

ARTICLE 18

LABOR AND WORK

18.1 Labor and Work. Consistent with Executive Order 14025, “Worker Organizing and Empowerment” (Apr. 26, 2021), and Executive Order 14052, “Implementation of the Infrastructure Investment and Jobs Act” (Nov. 15, 2021), schedule J documents the consideration of job quality and labor rights, standards, and protections related to the Project.

ARTICLE 19

FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL

POLICY REQUIREMENTS

19.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.

19.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 87 26 of 32

19.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.

19.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement, when evaluating the risks of making a future Federal financial assistance award to the Recipient.

19.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.

19.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 24, this agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
88 27 of 32
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).

19.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).

ARTICLE 20

ASSIGNMENT

20.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.

ARTICLE 21
WAIVER

21.1 Waivers.
(a) A waiver of a term of this agreement granted by the USDOT will not be effective unless it is in writing and signed by an authorized representative of the USDOT. (b) A waiver of a term of this agreement granted by the USDOT on one occasion will not operate as a waiver on other occasions.
(c) If the USDOT fails to require strict performance of a term of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that term or breach.

ARTICLE 22

ADDITIONAL TERMS AND CONDITIONS

22.1 Effect of Urban or Rural Designation. Based on information that the Recipient provided to the USDOT, including the Technical Application, section 1 of schedule F designates this award as an urban award or a rural award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.

22.2 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. If section 3 of schedule F lists “Yes” for the “HDC or APP Designation,” then based on information that the Recipient provided to the USDOT, including the 89 28 of 32
Technical Application, the USDOT determined that the Project will be carried out in a historically disadvantaged community or an area of persistent poverty, as defined in the NOFO. The Recipient shall incur a majority of the costs under this award in historically disadvantaged communities or areas of persistent poverty.

22.3 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.

22.4 Relocation and Real Property Acquisition.
(a) To the greatest extent practicable under State law, the Recipient shall comply with the land acquisition policies in 49 C.F.R. 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. 24 subparts D–E. (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. 24 subpart E.

22.5 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project:
(1) if the entity that acquired the equipment is a State or a subrecipient of a State, that entity shall dispose of that equipment in accordance with State laws and procedures; and
(2) if the entity that acquired the equipment is neither a State nor a subrecipient of a State, that entity shall request disposition instructions from the Administering Operating Administration.
(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 22.5 for all tiers of subawards under this award.

22.6 Environmental Review.
(a) In this section, “Environmental Review Entity” means:
90 29 of 32
(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA.
(b) Except as authorized under section 22.6(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1).
(d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 22.6(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in schedule B and other information described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with schedule B or other information in this agreement, then:
(1) the parties may amend this agreement under section 15.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 10.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 10.1(a)(5). 91 30 of 32
(g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.

22.7 Railroad Coordination. If section 3 of schedule C includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.

ARTICLE 23

MANDATORY AWARD INFORMATION

23.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section

25.2;
(2) the “Assistance Listings Number” is 20.933 and the “Assistance Listings Title” is “National Infrastructure Investments”; and
(3) this award is not for research and development.

23.2 Federal Award Identification Number.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Federal Award Identification Number is listed on page 1, line 1 of the project-specific agreement.

23.3 Recipient’s Unique Entity Identifier.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is available in FMIS.

The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is listed on page 1, line 4 of the project-specific agreement. 92 31 of 32
ARTICLE 24

CONSTRUCTION AND DEFINITIONS

24.1 Schedules. This agreement includes the following schedules as integral parts:

Schedule A Administrative Information
Schedule B Project Activities
Schedule C Award Dates and Project Schedule
Schedule D Award and Project Financial Information
Schedule E Changes from Application
Schedule F RAISE Program Designations
Schedule G RAISE Performance Measurement Information
Schedule H Climate Change and Environmental Justice Impacts Schedule I Racial Equity and Barriers to Opportunity
Schedule J Labor and Work

24.2 Exhibits. The following exhibits, which are located in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 RAISE Grant Program,” dated October 18, 2022, and available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements, are part of this agreement.

Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content
Exhibit D Form for Subsequent Obligation of Funds

24.3 Construction.
(a) In these General Terms and Conditions:
(1) unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions;
(2) a reference to a section or other subdivision of a schedule listed in section 24.1 will expressly identify the relevant schedule; and
(3) there are no references to articles or sections in project-specific portions of the agreement that are not contained in schedules listed in section 24.1. (b) If a provision in these General Terms and Conditions or the exhibits conflicts with a provision in the project-specific portion of the agreement, then the project-specific portion of the agreement prevails. If a provision in the exhibits conflicts with a provision in these General Terms and Conditions, then the provision in these General Terms and Conditions prevails.
93 32 of 32

24.4 Integration. This agreement constitutes the entire agreement of the parties relating to the RAISE grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the RAISE grant program and awards under that program.

24.5 Definitions. In this agreement, the following definitions apply:
“General Terms and Conditions” means this document, including articles 1–25. “Program Statute” means the collective statutory text:
(1) at 49 U.S.C. 6702;
(2) under the heading “Department of Transportation—Office of the Secretary— National Infrastructure Investments” in title VIII of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading; and (3) under the heading “Department of Transportation—Office of the Secretary— National Infrastructure Investments” in title I of division L of the Consolidated Appropriations Act, 2022 Pub. L. No. 117-103 (Mar. 15, 2022), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Technical Application, as modified by the negotiated provisions of this agreement, including schedules A–J. “RAISE Grant” means an award of funds that were made available under the NOFO. “Technical Application” means the application identified in section 1 of schedule A, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.

ARTICLE 25

AGREEMENT EXECUTION AND EFFECTIVE DATE

25.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.

25.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it.

This instrument constitutes a RAISE Grant when the USDOT’s authorized representative signs it.
94 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2891 Agenda Date: 3/26/2024
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of Street, Storm Drain, Sewer, Landscape, and Signing & Striping Improvements on the northeast corner of Sierra Avenue and Segovia Lane for Tract No. 18944 RECOMMENDATION:

1. Accept as complete the street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18944, located on the northeast corner of Sierra Avenue and Segovia Lane.

2. Adopt Resolution No. 2024-010, accepting sewers in Tract No. 18944 as part of the City sewer system.

COUNCIL GOALS:
· To invest in the city’sinfrastructure (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:

K. Hovnanian Communities, Inc., constructed street, streetlight, storm drain, sewer, landscape, and signing & striping Improvements for Tract No. 18944, located on the northeast corner of Sierra Avenue and Segovia Lane. Tract No. 18944 is a single-family subdivision and has a total of 179 lots.

The street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18944 are complete and acceptance by the City Council is required pursuant to Fontana Municipal Code Section 26-184(b). The streetlight improvements are installed by Southern California Edison (SCE) and will be an SCE facility, therefore, acceptance by the City Council is not required.

The street, storm drain, sewer, landscape, and signing & striping improvements have been completed to the satisfaction of the Department of Engineering. By accepting the improvements as complete, the City will be taking over the maintenance of these improvements. SCE will be taking over the maintenance of the streetlight improvements.

This action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six (6) months and the Warranty Bond after twelve (12) months, less the total of any claims received by this date. The street, streetlight, storm drain, sewer and signing & striping improvements have met all Conditions of Approval and the improvements were inspected by the City of Fontana Printed on 3/21/2024Page 1 of 2
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Agenda #: D. Category: Consent Calendar
improvements have met all Conditions of Approval and the improvements were inspected by the Department of Engineering.

FISCAL IMPACT:

As part of the action to accept as complete the street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18944, the City will take over operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the 2023-2024 revised budget of the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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96 999897969594939291go89881
767778798081828384858687
NOTHINGFD. ORSET, EST, BYINTERSECTION,,,,
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1,333.50' R3)--
0 125 250

SCALEINFEET

LINETABLE

LINEBEARINGLENGTH
Ll NOO*26'50"W 213.04'
L2 N89*33'10"E 36,00'
L3 NOO*26'50"W 183,71'
L4 N89*32'26"E 107.22'
L5 N79'32'24"E 42,.36'
L6 N89'32'26"E 90.59'
P NOO*27'34"W 2. 00'
L8 N8932'26"E 40.00'
L9 N4529'44"W 32,55'
L10N89*32'26"E 68.00'
LlI N44*31'59"E 32.53'
L12N89*32'260E424.08'
L13N4529'56"W 32,50'
L14NOO'33'07"W 181.92'

CURVETABLE

CURVEDELTARADIUSLENGTHTANGENT
Cl 74'22'43 74.00' 96,06' 56.15'
C2 10'00'02" 100,00' 17,45' 8.75'
97 98
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RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ACCEPTING THE SEWER S IN TRACT NO. 18944 AS PART OF THE CITY’S SEWER SYSTEM.

WHEREAS, Section 23-388 of the Code of the City of Fontana provides that each addition to or extension of the sewer systems shall be accepted by Resolution of the City Council; and

WHEREAS, the Resolution of Acceptance shall contain the terms of any special consideration which shall apply to the sewer so accepted; and

NOW, THEREFORE, BE IT RESOL VED that the City Council of the City of Fontana, California hereby accepts as a part of the City’s sewer system the sewer mains and laterals constructed within and part of Tract No . 18944 located on the northeast corner of Sierra Avenue and Segovia Lane. No special consideration shall apply to any lots in Tract No. 18944.

APPROVED AND ADOPTED this 26th day of March, 2024.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26th day of March, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana
99 Resolution No. 2024-____
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ATTEST:

City Clerk

100
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2896 Agenda Date: 3/26/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Bid for the Village of Heritage North, South, and West Pavement Rehabilitation Project
RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with LCR Earthwork & Engineering, Corp. for the construction of the Village of Heritage North, South, and West Pavement Rehabilitation Project, in the amount of $1,290,941.00 and authorize a 10% contingency in the amount of $129,094.10 (Bid No. DE-153-23-SB)

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.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

The City of Fontana’s 7-Year Pavement Management Plan includes the Village of Heritage North, South, and West Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

On February 15, 2024, bids for this contract were opened. A total of eight (8) bids were received, ranging from $1,290,941.00 to $1,844,544.00. LCR Earthwork & Engineering, Corp. is the lowest responsive and responsible bidder in the amount of $1,290,941.00. The Engineer’s estimate was $2,200,000.00.

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File #: 21-2896 Agenda Date: 3/26/2024
Agenda #: E. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,290,941.00 for the full term of the construction and $129,094.10 for construction contingency. These amounts are included in the FY 2023-24 available budget in 37600056-601-A-8330 and 37600056-601-A-8331 respectively from the Capital Reinvestment Fund.

MOTION:

Approve staff recommendation.

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Bid Results
Village of Heritage North, South, and West Pavement
Rehabilitation Project
SB-153-DE-23

1. LCR Earthwork & Engineering, Corp. $1,290,941.00
Jurupa Valley, CA

2. Vance Corporation $1,392,823.30
Bloomington, CA

3. Matich Corporation $1,456,014.00
Redlands, CA

4. All American Asphalt $1,574,777.50
Corona, CA

5. Onyx Paving Company, Inc. $1,777,000.00
Anaheim, CA

6. Hardy & Harper, Inc. $1,778,000.00
Lake Forest, CA

7. Dash Construction Company, Inc. $1,839,477.00
Woodland Hills, CA

8. Calmex Engineering, Inc. $1,844,544.00
Bloomington, CA

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Village of Heritage North, West, & South Pavement Rehabilitation Project (DE-153-23-SB), bidding on 02/15/2024 2:00 PM (PST)

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Village of Heritage North, West, & South Pavement Rehabilitation Project (DE-153-23-SB), bidding on 02/15/2024 2:00 PM (PST)

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City of Fontana
Village of Heritage North, West, & South Pavement Rehabilitation Project (DE-153-23-SB), bidding on 02/15/2024 2:00 PM (PST)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2902 Agenda Date: 3/26/2024
Agenda #: F. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

County Second District Supervisor Senior Scholarship Program Memorandum of Understanding RECOMMENDATION:

Authorize the Community Services Department to enter into a Memorandum of Understanding with San Bernardino County, Second District Supervisor, Jesse Armendarez.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses. · Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

San Bernardino County, Second District Supervisor, Jesse Armendarez, is offering a Senior Scholarship program to be utilized for senior community members that reside in the City of Fontana sphere of influence based on LAFCO (Local Agency Formation Commission for San Bernardino County) and Second District Residency. Eligible senior community members will be allowed to utilize the funds for recreational programs, events, activities, and memberships offered by the Community Services Department as outlined in the attached Memorandum of Understanding.

FISCAL IMPACT:

Increased revenue up to $10,000 per fiscal year based on actual usage of funding. The $10,000 will be deposited into account 101.2310 for program tracking.

MOTION:

Approve staff recommendation
City of Fontana Printed on 3/21/2024Page 1 of 1
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the "MOU" or "Memorandum"), is entered into on March ___, 2024 (the "Effective Date"), by and between San Bernardino County, Second District Supervisor, Jesse Armendarez located at 385 N Arrowhead Ave, 5th Floor, San Bernardino, California 92415 (the "First Party"), and City of Fontana, Community Services Department located at 16860 Valencia Ave, Fontana, California 92335 (the "Second Party"). First Party and Second Party may be referred to individually as the "Party", or collectively, the "Parties”.

1. MISSION
The partnership on which the Parties are intending to collaborate, has the following intended mission in mind; to provide services to the senior community in the Second District of San Bernardino County within the sphere of influence of Fontana.

2. PURPOSE AND SCOPE
The Parties intend for this Memorandum to provide the cornerstone and structure for any and all future contracts being considered by the Parties and which may be related to the partnership.

3. OBJECTIVES
The Parties shall endeavor to work together to develop and establish policies and procedures that will promote and sustain a market for, and intend to maintain a product and/or service that meets or exceeds all business and industry standards.

A total amount of $10,000 will be allocated for the City of Fontana Community Services Department to be used for eligible community members.

• Individual eligible senior community members would be awarded up to $500 to use for various recreational programs and activities offered by the City of Fontana Community Services Department (including memberships).

• Up to $500 is while funding is available, not guaranteed $500.

• Eligibility requirement are as follows:

 Residential address must be within the City of Fontana sphere of influence based on LAFCO (Local Agency Formation Commission for San Bernardino County) and Second District Residency.

 Members must be 62 years of age and older

 There are no income guidelines
109

• Members interested in applying must complete an application and submit supporting documentation (copy of ID card with date of birth and address or utility bill/birth certificate)

4. RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES
Any Party may decide not to proceed with the partnership contemplated herein for any reason or no reason. A binding commitment with respect to the partnership described herein will result only from execution of definitive agreements, subject to the conditions contained therein. Notwithstanding the two preceding sentences of this paragraph, the provisions under the headings Governing Law and Confidentiality are agreed to be fully binding on, and enforceable, against the Parties.

5. TERMS OF UNDERSTANDING
The term of this Memorandum shall be until all funding is exhausted from the Effective Date and maybe extended upon written mutual agreement of both Parties.

6. CONFIDENTIALITY
The Parties will treat the terms of this MOU, and the documents submitted herewith, in the strictest of confidence, and that such terms will not be disclosed other than to those officers, representatives, advisors, directors and employees of any Party who need to know for the purpose of evaluating this MOU and who agree to keep such material confidential.

7. 7. LEGAL COMPLIANCE
The Parties acknowledge and understand that they must be able to fulfill their responsibilities under this Memorandum in accordance with the provisions of the law and regulations that govern their activities. Nothing in the Memorandum is intended to negate or otherwise render ineffective any such provisions or operating procedures. The Parties assume full responsibility for their performance under the terms of this Memorandum. If at any time either Party is unable to perform their duties or responsibilities under this Memorandum consistent with such Party's statutory and regulatory mandates, the affected Party shall immediately provide written notice to the other Party to establish a date for resolution of the matter.

8. LIMITATION OF LIABILITY
No rights or limitation of rights shall arise or be assumed between the Parties as a result of the terms of this Memorandum.
110

9. NOTICE
Any notice or communication required or permitted under this Memorandum shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such address as one may have furnished to the other in writing.

10. GOVERNING LAW
This Memorandum shall be governed by and construed in accordance with the laws of the State of California.

11. AUTHORIZATION AND EXECUTION
The signing of this Memorandum does not constitute a formal undertaking, and as such it simply intends that the signatories shall strive to reach, to the best of their abilities, the goals and objectives stated in this MOU.

This Agreement shall be signed by San Bernardino County, Second District Supervisor, Jesse Armendarez and City of Fontana Representative and shall be effective as of the date first written above.

________________________________________________________ ___________________ (First Party Signature) (Date)
San Bernardino County, Second District Supervisor, Jesse Armendarez 385 N Arrowhead Ave, 5th Floor San Bernardino, California 92415

___________________________________________________ _________________ (Second Party Signature) (Date)
City of Fontana Representative
8353 Sierra Avenue, Fontana, CA 92335
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2906 Agenda Date: 3/26/2024
Agenda #: G. Category: Consent Calendar
FROM:

Economic Development
SUBJECT:

Small Business Revolving Loan Program
RECOMMENDATION:

1. Authorize the City Manager to establish and implement a Revolving Loan Fund Program in the amount of $530,000.

2. Authorize the City Manager to enter into agreement with AmPac to administer the loan program.

COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion, and attraction. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

The City of Fontana is focused on fostering strong business growth. Staff recommends establishing a Revolving Loan Fund to provide entrepreneurs and small businesses within the City of Fontana with access to debt financing for the purposes of business growth. This initiative will target local Fontana businesses and aims to alleviate the inadequacy of capital access, a crucial hurdle hindering business growth through job creation. This initiative will also provide Economic Development with a business attraction incentive tool for businesses.

Following a limited competitive search of the two Community Development Financial Institutions (CDFI) servicing businesses in the San Bernadino County area including Small Business Development Corporation of Orange County, AmPac Business Capital was selected to provide loan management for a total cost of $30,000. Their expertise and experience include loan administration for the County of San Bernardino, County of Riverside, City of Pomona, City of Apple Valley, and many others. Their services will include the utilization of their proprietary loan management system, administrative support services, and loan servicing.

The initial loan fund will be set at $500,000 with the potential of match opportunities from local banks to increase the fund amount. Leveraging the Community Reinvestment Act (CRA), Fontana's Economic Development Office will solicit American Business Bank for matching funds. This strategic initiative aims to expand the available resources for the Revolving Loan Fund. AmPac will receive draw-down amounts for disbursement payments based on approved applications submitted.

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File #: 21-2906 Agenda Date: 3/26/2024
Agenda #: G. Category: Consent Calendar
AmPac shall review, process, and approve applications based on the following criteria:

Years in
Business:
2 or more (adjustable based on earning amount)
Business
Location:

City of Fontana or looking to locate to Fontana.

Business Size: 25 or fewer employees
Business Type: For Profit Only
Business
Assistance:

Must attend Business Finance Accelerator Course - *Special consideration for businesses that complete the Strong Business Courses.

Business Taxes: 2 or more years of Business Tax Returns Business Credit: No minimum Credit Score (pulled for application) * Personal + Business credit history will be considered, including recent payment history, bankruptcies, tax liens and related credit. matters.

Use of Funds: Provide a detailed use of loan funds.

Business Docs: Required (FBN, EIN, State, City BL)
Business Equity: 10% of equity Bank Statements, Cash on hand, Money in Bank, Purchase Inventory, Purchase Orders in pipeline, etc.

Loan amount: Qualified businesses can request $15,000, $30,000 or $50,000. based on credit worthiness and businesses equity injections.

Business
Coverage Ratio
1 to 1 Earnings Ratio (For every dollar in debt, the expectation that the business generates at least the same revenue)
Interest Rate: 6.5% (Note: Current Industry rate is greater than 8%) One Time
Origination Fee:

1.5%
Payment Terms: 60 months Default payments will continue to accrue and compound interest until payment full payment is collected FISCAL IMPACT:

Upon approval, a project number will be established in the amount of $530,000 of which, $500,000 will be allocated for loan distribution and $30,000 will be allocated for AmPac Business Capital for administration. Funds, which were approved with the Mid-Year Budget report and are now included in the FY23/24 budget, will be transferred from Account# 60230000-8130 to the established project for Economic Development.

MOTION:

Request to approve staff recommendation.

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1 AGREEMENT FOR SERVICES BETWEEN

THE CITY OF FONTANA AND

AMPAC BUSINESS CAPITAL

THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter the "Agreement") is entered into as of this 1st, March 2024 by and between the City of Fontana (hereinafter “the City"), a municipal corporation, and AmPac Business Capital (hereinafter “AmPac"), a California Community Development Financial Institution (together identified herein as “Parties”).

RECITALS

WHEREAS, the City desires to establish a Revolving Loan Fund (RLF) in the amount of five hundred thousand dollars ($500,000.00) to provide entrepreneurs and small businesses within the City of Fontana with access to debt financing for the purposes of business growth; and WHEREAS, the City desires to obtain a loan management system with ancillary support services to assist in facilitating the City’s RLF initiative; and
WHEREAS, the City desires to engage AmPac in an agreement to provide the City with the loan management system with an cillary support services necessary to assist in facilitating the City’s RLF initiative; and
WHEREAS, AmPac will function as an extension of the City’s Economic Development Department.

NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement the Parties agree as follows:

AGREEMENT

ARTICLE 1. DEFINITIONS

1.1 Revolving Loan Fund - a loan fund where proceeds from principle and interest payments of loans administered from the loan fund flow back into the fund and become available to lend again .

The City’s Revolving Loan Fund (RLF) will be established in the amount of five hundred thousand dollars ($500,000.00). The loan fund can be paused based on the ability of payments made back into the loan fund.

1.2 Debt Financing – is the act of borrowing money from a lender or a bank to be repaid in the future.

1.3 Business Growth – generation of revenue based on sales, management of expenses and job creation.

1.4 Loan Management System - a processing platform for data collection, loan processing and customer management.

1.5 Administrative Support Services – ancillary services, including management, maintenance, and marketing services, performed by AMPAC to sustain the loan management system.

1.6 Loan Servicing – all administrative tasks related to the application, loan and repayment processing, including but not limited to debt collection, loan monitoring, payment distribution, risk counseling and business tracking.

1.7 Origination Fee – a one-time payment associated with the establishment of the RLF.

ARTICLE 2. TERMS

2.1 General Scope of Services. The City hereby engages AmPac and AmPac agrees to 114

2 perform the services as described in the “Scope of Work,” attached hereto as Exhibit A in accordance with the terms and conditions as set forth in this Agreement and pursuant to all applicable local, state and federal laws, rules and regulations. AmPac agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, incidental and customary work necessary to deliver the services outlined in this Agreement.

2.2 City Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative under this Agreement ("City's Representative"). The City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement.

AmPac shall not accept direction or orders from any person other than the City's Representative or his or her designee.

2.3 AmPac Representative. AmPac hereby designates its President, or his or her designee, to act as its representative under this Agreement ("AmPac’s Representative"). AmPac’s Representative shall have full authority to represent and act on behalf of AmPac for all purposes of this Agreement. The representative shall supervise and direct all services performed under this Agreement, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all of the services under this Agreement.

2.4 Term. The term ("Term") of this Agreement shall be from April 9, 2024, to June 30, 2029. The Parties shall have the option to renew this Agreement for up to two (2) successive five- year terms, provided that the conditions set forth in Section 2.5 are met.

2.5 Final Program Activity Report. One hundred eighty (180) days prior to renewal of this Agreement, AMPAC shall provide the City with a final Program Activity Report. The contents of this report shall reflect such information as described in Section 3.2 of this Agreement.

ARTICLE 3. RESPONSIBILITIES OF AMPAC

3.1 Services—General. AmPac shall work closely, and cooperate fully, with the Economic Development Department to perform the services as described in this Agreement.

3.2 Program Activity Report. AmPac shall submit to the City Representative, a quarterly written report ("Program Activity Rep ort"), on or before the last day of each quarter , consisting of data metrics illustrating AmPac’s performance. Such report shall provide information and materials that demonstrate AmPac’s progress with respect to the services outlined herein, including, but not limited to, information and materials addressing the amount of business applications processed and funded through the City ’s RLF ; and all business loan servicing information and materials including information on payments, job creation and retention reporting by recipients.

3.3 Accounting Records. AmPac shall maintain and complete accurate financial records, including but not limited to, receipts and disbursements, with respect to all costs and expenses incurred by AmPac during the Term of this Agreement. All such records shall be clearly identifiable.

Upon City's request, AmPac shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

3.4 AmPac Responsibilities for Costs and Expenses. AmPac shall be responsible for all costs and expenses incurred relative to AmPac, its personnel and its 115

3 subcontractors in connection with the services performed, including and without limitation to payment of salaries, fringe benefits, contributions, payroll taxes, withholding taxes and other taxes or levies , unemployment and workers’ compensation, office overhead expense, travel expenses, telephone and other telecommunication expenses and document reproduction expenses.

3.5 Independent Contractor. The services to be performed under this Agreement shall be performed by AmPac. AmPac shall determine the means, methods, and details of performing such services subject to the requirements herein. AmPac represents that it possesses the professional and technical personnel required to perform under this Agreement. The City retains AmPac as an independent contractor and not as an employee of the City. All personnel performing on behalf of the AmPac shall at all times be under the AmPac’s exclusive direction and control.

3.6 Personnel Licenses. AmPac represents and warrants that it and all personnel performing the services as described herein are, and shall continue to be, fully qualified, authorized and permitted under state and local law to perform such services. AmPac represents and warrants that it and all personnel, including subcontractors, engaged in performing the services as described herein have and shall maintain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services described under this Agreement.

3.7 Conformance to Applicable Requirements. AmPac shall conform to all applicable city, county, state, and federal laws, rules, and regulations in effect at the time services are provided. All services shall be subject to approval of the City. AmPac shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. AmPac shall be solely liable for all violations of such laws and regulations in connection with its performance under this Agreement. If AmPac performs any work knowing it to be contrary to such laws, rules, and regulations, AmPac shall be solely respo nsible for all costs arising therefrom. If AmPac performs any work without giving written notice to the City, AmPac shall be solely responsible for all costs arising therefrom. AmPac shall defend , indemnify, and hold the City, its officials, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or failure to comply with such laws, rules or regulations.

ARTICLE 4. RESPONSIBILITIES OF THE CITY.

4.1 The City shall cooperate with AmPac in accordance with the provisions of this Agreement.

To the extent permitted by law, the City shall provide information in its possession, or reasonably obtainable by it, as requested by AmPac as it relates to AmPac’s performance under this Agreement.

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4 ARTICLE 5. COMPENSATION.

5.1 In consideration of the services performed by AmPac, the City shall pay to AmPac a onetime Administrative Support Services Fee in the amount of Fifteen Thousand dollars ($15,000.00) to service the principle RLF amount of Five Hundred Thousand Dollars ($500,000.00). In the event that the principle amount increases to match the current ($500,000.00) principle amount (totaling $1,000,000.00), AmPac shall receive an additional on etime Administrati ve Support Services Fee of Fifteen Thousand Dollars ($15,000.00) to service the $500,000.00 incremental increase.

Additionally, AmPac shall receive a three (3) percent origination fee for all loan servicing tasks, including but not limited to debt collection, loan monitoring, payment distribution and risk counseling and business tracking as an extension to Economic Development.

Total compensation for all work performed u n d e r t h i s A g r e e m e n t shall not exceed thirty thousand dollars ($30,000.00) per $500,000.00 dollars of principal funds.

ARTICLE 6. GENERAL PROVISIONS.

6.1 Termination of Agreement. Either Party may, by written notice to the other Party, terminate this Agreement at any time and without cause by giving written notice to the non-terminating Party of no less than one hundred eighty (180) days prior to the date of termination. This notice shall include the date of termination which shall be no less than one hundred eighty (180) days following the date of notice. In the e vent of such termination, AmPac shall be paid only for work performed under this Agreement through the date of termination. Upon termination, AmPac shall return all undistributed funds that were repaid to the revolving loan fund.

6.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given at the following addresses, or at such other address as the Parties provide in writing, for the purposes of this Agreement:

AmPac: AmPac Business Capital
3110 Inland Boulevard #B
Ontario, CA 91764
Attn: President

City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager

With Copy to: Best, Best & Krieger
c/o Fontana City Attorney
2855 E. Guasti Road, Suite 400
Ontario, California 91761

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5 Such notice shall be deemed made when personally delivered or within forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address.

Actual notice shall be deemed adequate notice given on the date of the actual notice given regardless of the method of service.

6.3 The Ralph M. Brown Act. The Parties do not intend, by executing this Agreement, to create a relationship which subjects AmPac to the Brown Act. The Parties hereby acknowledge that AmPac may be subject to the Brown Act if it receives funds from the City and any City Council Member is appointed by the Council to the AmPac ’s governing body as a full voting member, however, no such appointment is intended under this Agreement or anticipated in the future. (See Gov. Code, § 54952, subd. (c)(1)(B).). AmPac shall keep itself fully informed of and in compliance with the Brown Act, to the extent it is applicable.

6.4 Documents & Data Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixe d in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by AmPac under this Agreement (Documents & Data). AmPac shall require all subcontractors to agree in writing that the City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

AmPac represents and warrants that the City has the legal right to license any and all Documents & Data.

AmPac makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals not subcontracted by AmPac or provided to AmPac by the City. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City’s sole risk.

6.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information and other Documents and Data either created by or provided to AmPac in connection with the performance of this Agreement shall be held confidential by AmPac. Such materials shall not, without prior written consent of City, be used by AmPac for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of this Agreement, subject to the limitations of the California Public Records Act. Nothing furnished to AmPac that is otherwise generally known, has become known, or is related to the industry shall be deemed confidential. AmPac shall not use the City’s name or insignia, photographs of any product of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

6.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional actions as may be necessary and appropriate to attain the purposes of this Agreement.

6.7 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

6.8 Professional Liability. At all times during the performance of the work under this 118

6 Agreement AmPac shall 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 the amounts 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 AmPac. “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.

Minimum Policy Requirements:
(i) Insurance limits are required for the Agreement:
a. Commercial General Liability
i. $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability for bodily injury and property damage including coverage for owned, non-owned and hired vehicles
i. $1,000,000 per occurrence
c. Workers’ Compensation in compliance with applicable statutory requirements and Employer’s Liability
i. $1,000,000 per occurrence
d. Professional Liability
i. $1,000,000 per claim and aggregate (errors and omissions) ii. (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.

Prior to execution of the Agreement, the AmPac shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

All subcontractors shall meet the requirements of this Section before commencing work. AmPac shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage.

All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

6.9 Indemnification. To the fullest extent permitted by law, AmPac agrees to indemnify, defend —with independent counsel approved by the City, and hold harmless the City, its elected and appointed officials, officers, employees, agents, and volunteers (each an “Indemnified Party”) from and against all liabilities, including without limitation to all claims including those arising from bodily injury, death or property damage, losses, damages, penalties, fines, judgments, any and all associated investigations and administrative expenses, and defense costs including but not limited to 119

7 reasonable attorneys’ fees, court costs and costs of alternative dispute resolution, regardless of nature or type, arising out of or resulting from any act or omission to act by AmPac or AmPac’s agents, officers, employees, subcontractors, or independent consultants hired by AmPac under this Agreement. AmPac’s obligations apply regardless of whether or not liability is caused or contrib uted to by the negligence (including passive negligence) or other act or omission of an Indemnified Party. The acceptance or approval of AmPac’s work by an Indemnified Party shall not relieve or reduce AmPac ’s indemnification obligation. AmPac shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, agents, employees or representatives. The provisions of this Section shall survive completion of the work under this Agreement and the termination of this Agreement and is not limited by the provisions relating to insurance.

6.10 Entire Agreement. This Agreement contains the entire agreement of both parties with respect to the subject matter hereof, and supersedes all prior negotiations, understanding, and or agreements. This Agreement may only be modified by a writing signed by both Parties.

6.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be designated as San Bernardino County.

6.12 Time of Essence. Time is of the essence for each and every provision of this Agreement.

6.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

6.14 Assignment or Transfer. AmPac shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

6.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays . All references to AmPac shall include all personnel, employees , agents, and subcontractor s of AmPac, except as otherwise specified in this Agreement. All references to the City include their respective directors, elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

6.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

6.18 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
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8 6.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.20 Prohibited Interests. AmPac maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for AmPac, to solicit or secure this Agreement. Further, AmPac 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 AmPac, 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 immediately rescind this Agreement without liability. For the Term of this Agreement, no member, 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.

6.21 Non-discrimination. The Parties represents that they are equal opportunity employers, and shall not discriminate against any subcontractor, employe e or applicant for employment in any way, against any person, on the ground of race, color, national origin, religion, religious creed, age, sex and gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, disability (mental and physical), medical condition, genetic information, marital status, or military and veteran status, nor exclude any person from participation in, or deny any person the benefits of, participation in any events or activities related to this Agreement.

6.22 Authority to Enter Agreement. The Parties warrant that the individuals who have signed this Agreement have the legal power, right, and authority to enter this Agreement and bind each respective Party.

6.23 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same fully executed instrument.

[Signatures on following pages]
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9 Matthew C. Ballantyne, City Manager
City of Fontana

Date:

APPROVED AS TO FORM

By:

Ruben Duran
City Attorney City of Fontana

Hilda Kennedy, President & CEO
AmPac Business Capital

Date:

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10 EXHIBIT A
Scope of Services

AmPac Responsibilities
A. Loan Management System

1. AmPac shall provide a loan management system to support business loan applications and processing. The loan application page shall include the City of Fontana logo.

2. AmPac shall provide loan servicing platform that includes, but is not limited to, a debt collection feature, loan monitoring feature, payment distribution feature, risk counseling feature, business tracking feature and a customer service platform feature that AmPac shall use to perform under this Agreement.

B. Administrative Support Services

1. AmPac shall review, process and approve applications based on the following criteria:

Years in
Business:
2 or more (adjustable based on earning amount)
Business
Location:

City of Fontana or looking to locate to Fontana.

Business Size: 25 or fewer employees
Business Type: For Profit Only
Business
Assistance:

Must attend Business Finance Accelerator Course - *Special consideration for businesses that complete the Fontana Business Incubator Courses.

Business
Assistance:
2 or more years of Business Tax Returns
Business Credit: No minimum Credit Score (pulled for application) * Personal + Business credit history will be considered, including recent payment history, bankruptcies, tax liens and related credit. matters.

Use of Funds: Provide a detailed use of loan funds.

Business Docs: Required (FBN, EIN, State, City BL)
Business
Equity:
10% of equity Bank Statements, Cash on hand, Money in Bank, Purchase Inventory, Purchase Orders in pipeline, etc.

Loan amount: Qualified businesses can request $15,000, $30,000 or $50,000. based on credit worthiness and businesses equity injections.

Business
Coverage Ratio
1 to 1 Earnings Ratio (For every dollar in debt, the expectation that the business generates at least the same revenue)
Interest Rate: 6.5%
Loan Fees: 1.5%
Payment Terms: 60 months

2. AmPac shall provide designated link to Fontana Revolving Loan Fund application and supplemental information on website.
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11 3. Program Activity Report on or before the last day of each quarter , consisting of data metrics illustrating AmPac’s performance pursuant to the services outlined and

4. AmPac shall promote the Fontana Revolving Loan Fund on social marketing outlets. 124
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2920 Agenda Date: 3/26/2024
Agenda #: H. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Out-Of-Area Sewer Service Agreement (ANX No. 23-001), between the City of Fontana and Maria Lourdes Burciaga, for the sewer service provided by the City of Fontana to 14775 Carmel Street (APN: 0231-251-37).

RECOMMENDATION:

COUNCIL GOALS:
· Promote economic development by aggressively pursuing annexations.

BACKGROUND:

The City’s First Amended and Restated Memorandum of Understanding with the County of San Bernardino for the Western Sphere of Influence states that to the extent the city has available wastewater (sewer) treatment capacity, the city agrees to provide sewer services to and authorize a sewer connection by any landowner requesting such connection and services within the City’s Western Sphere of influence area subject to landowner’s compliance with the City’s annexation policy, meeting of all City requirements and paying applicable sewer fees, and payment of the applicable Western Sphere development impact fees. An Out-Of-Area Sewer Service Agreement incorporating the aforementioned components will allow for the provision of sewer service for an existing single-family residence within the Western Sphere area, consistent with the City Council’s annexation policy. After approval by the City Council, the application would be forwarded to the Local Agency Formation Commission (LAFCO).

As outlined in Government Code Section 56133, state law requires cities to obtain approval from the Local Agency Formation Commission (LAFCO) prior to extending a municipal service outside their corporate limits. The City of Fontana (City) is agreeing to provide a sewer connection prior to annexation of the project site and LAFCO approval is therefore necessary. Upon City Council approval of this Out-Of-Area Sewer Service Agreement, a service boundary modification request will be submitted to San Bernardino LAFCO.

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File #: 21-2920 Agenda Date: 3/26/2024
Agenda #: H. Category: Consent Calendar
DISCUSSION:

The project involves a 0.16-acre parcel located at 14775 Carmel Street. The parcel is outside of and adjacent to Fontana’s City limits and is within the City’s western sphere of influence area. The proposed Out-Of-Area Sewer Service Agreement would provide for connection to the City’ssewer system to an existing single-family residence within the Western Sphere of Influence of the City of Fontana.

The parcel is located in the City’sunincorporated Western Sphere of Influence area and, in keeping with the City’sAnnexation Policy, an Out-Of-Area Sewer Service Agreement is necessary to establish the agreed upon terms between the City and the landowner in order to provide sewer service. The Memorandum of Understanding and the City Council Policy Pertaining to Annexation are included as attachments to the Agreement. Presented below is an outline of the major terms of the agreement; a copy of the Out-Of-Area Sewer Service Agreement is attached to this report.

1. The City’s Development Impact Fees, as required by the City/County Memorandum of Understanding (MOU), are outlined in Exhibit B of the Out-Of-Area Sewer Service Agreement.

2. The City hereby agrees to furnish, and Owner hereby agrees to accept, Service to the Property in accordance with the terms and conditions in the Agreement, subject to the Owner completing the Improvements in accordance with the City’smunicipal code, ordinances, rules, regulations, policies, procedures, and orders (“Rules and Regulations”).

ENVIRONMENTAL IMPACT:

Staff has reviewed the proposed project and prepared the following environmental recommendation for the City Council’sconsideration: There will be no significant environmental impacts caused by this project, therefore, a Notice of Exemption has been prepared pursuant to Section No. 15268 (b) (4) (Ministerial Project, Individual Utility Service Connection) of CEQA.

FISCAL IMPACT:

This project will not have any direct negative fiscal impact.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Notice of Exemption

3. Out-Of-Area Sewer Service Agreement
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ATTACHMENT NO. 1

VICINITY MAP
DATE: March 26, 2024
CASE: Master Case No. 23-060
Pre-Annexation (ANX) No. 23-001

CITY OF FONTANA PLANNING DEPARTMENT

CIT
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NOTICE OF EXEMPTION

PTO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM: City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

1. Project Title: Pre-annexation Agreement (No. 23 -001) between the City of Fontana and property owner, Maria Lourdes Burciaga, for the provision of sewer services to an existing single-family residence.

Project Location - Specific: 14775 Carmel Street (APN: 0231-251-37)

2. (a) Project Location - City: Fontana, CA 92335
(b) Project Location - County: San Bernardino
Description of nature, purpose, and beneficiaries of Project : The purpose of a Pre -annexation Agreement is to provide sewer service to an existing single -family residence that is outside of Fontana’s corporate limits and inside of Fontana’s unincorporated sphere of influence.

3. Name of Public Agency approving project: City of Fontana Name of Person or Agency carrying out project: City of Fontana

4. Exempt status: (Check one)
(a) __ X_ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) ____ Categorical Exemption. State type and class number:
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

5. Reason why project was exempt: The project is for a utility connection, which is considered a ministerial project pursuant to Section No. 15268 (b)(4) of the California Environmental Quality Act (CEQA).

6. Contact Person: Irene Romero, Associate Planner Telephone: (909) 350-6658

Date Received for Filing: __________________________________ Salvador Quintanilla
Senior Planner
(Clerk Stamp Here)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2890 Agenda Date: 3/26/2024
Agenda #: A. Category: Public Hearing
FROM:

Finance
SUBJECT:

Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts RECOMMENDATION:

3. Adopt Resolution No. 2024-011, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
..End
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.

DISCUSSION:

Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.

The proposed lists (one each for sewer, rubbish and weed abatement) are on file with the City Clerk.

Each account has had notification by mail regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code.

Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.

The lists recommended for adoption contain the following:

Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 213 $72,830.62 $4,170,058.99
Rubbish* 805 $122,916.23 $9,372,415.50
Weed Abatement 64 $43,619.14 $4,113,924.68 City of Fontana Printed on 3/20/2024Page 1 of 2
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File #: 21-2890 Agenda Date: 3/26/2024
Agenda #: A. Category: Public Hearing
Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 213 $72,830.62 $4,170,058.99
Rubbish* 805 $122,916.23 $9,372,415.50
Weed Abatement 64 $43,619.14 $4,113,924.68 *Collections are payable to Fontana Rubbish
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be automatically placed on the property tax rolls for collection.

FISCAL IMPACT:

The approval of this item will result in liens in the approximate total amount of $239,365.99 to be recorded and placed on the County property tax roll for collection. This action will prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount was included as revenue to the Sewer Operations Maintenance Fund in current and prior budget periods.

The recording of Rubbish liens will strengthen Fontana Rubbish's ability to collect, thereby increasing the amount generated by the 12% franchise fee they remit to the City.

MOTION:

Approve staff recommendation.

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CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA RUBBISH COLLECTION

CONTRACTOR (BURRTEC WASTE) FOR THOSE ACCOUNTS MORE THAN NINETY DAYS

DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: MARCH 26, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: MARCH 8, 2023
MARCH 15, 2023

PROOF OF PUBLICATION REQUESTED
156

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA SANITARY SEWER SYSTEM FOR

THOSE ACCOUNTS SIXTY DAYS OR MORE DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: MARCH 26, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: MARCH 8, 2023
MARCH 15, 2023

PROOF OF PUBLICATION REQUESTED
157

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS AGAINST PROPERTIES PROVIDED WEED ABATEMENT SERVICES THROUGH THE CITY’S

WEED ABATEMENT PROGRAM FOR THOSE ACCOUNTS THIRTY DAYS OR MORE

DELINQUENT AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE CUSTOMER SERVICE DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: MARCH 26, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE BUSINESS SERVICES CUSTOMER SERVICE STAFF AT (909) 350-7683.

PUBLISH: MARCH 8, 2023
MARCH 15, 2023

PROOF OF PUBLICATION REQUESTED
158
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING STATEMENT OF UNPAID EXPENSES FOR WEED

ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY FOR

PAYMENT THEREOF

WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Section 27-1 et. seq.;

WHEREAS, at its meeting on September 26, 2023 , the City Council discussed and considered all expenses and other costs of abatement which have remained unpaid to date, as specified in the Statement of Unpaid Expenses for Weed Abatement, on file with the City Clerk for public review and incorporated herein by reference (“Statement”);

WHEREAS, the City Council has read or heard and considered all evidence and testimony presented to it with respect thereto;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

Section 1. Based on all evidence and testimony presented to the Council, the Statement is confirmed and adopted.

Section 2. All expenses and other costs noted on the Statement which remain unpaid to the City as of March 26, 2024, shall constitute a lien upon the real property against which the nuisance was abated, and shall be collected in any lawful means available to the City.

Section 3. The City Clerk is directed to file for recording a "Notice of Lien for Weed Abatement" with the Office of the Recorder for San Bernardino County after September 26, 2023, against those real properties listed on the Statement for any expenses and other costs noted on the Statement which remain unpaid to the City.

Section 4. The Auditor/Controller shall include the amount of the expenses on the bills for taxes levied against the real property against which the expenses have been imposed, and the same shall be collected in the same manner and together with the general taxes for the County of San Bernardino, and shall be subject to the same penalties, interest and collection.

APPROVED AND ADOPTED this 26th day of March 2024.

READ AND APPROVED AS TO LEGAL FORM:

Page 1 of 2 ends

Resolution No. 2024-
159
-
_____________________________________
City Attorney

I, Germaine McClellan Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26th day of March 2024 by the following vote to-wit:

AYES:

NOES:

ABSENT:

_____________________________________
City Clerk of the City of Fontana

_____________________________________
Mayor of the City of Fontana

ATTEST:

_____________________________________
City Clerk

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2897 Agenda Date: 3/26/2024
Agenda #: B. Category: Public Hearing
FROM:

Housing
SUBJECT:

Public Hearing and Adoption of HUD Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant 2024 Annual Action Plan RECOMMENDATION:

1. Adopt the draft FY2024-25 Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programming;

COUNCIL GOALS:
· Practice sound fiscal management by pursing grant opportunities. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by acquisition, substantial rehabilitation, and professional management of selected multi-family properties to provide more affordable units and reduce crime and code enforcement activity.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The City of Fontana receives Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds from the U.S. Department of Housing and Urban Development (HUD) each year. In order to receive these funds, HUD mandates that all entitlement communities receiving CDBG, HOME and ESG funds prepare and submit an Action Plan outlining the planned projects, one-year goals and budgets for the CDBG, HOME and ESG programs to be implemented in an effort to address the priority needs and goals identified in the City of Fontana Printed on 3/20/2024Page 1 of 3
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File #: 21-2897 Agenda Date: 3/26/2024
Agenda #: B. Category: Public Hearing
ESG programs to be implemented in an effort to address the priority needs and goals identified in the 2020-2024 Consolidated Plan. Six of the seven priority goals will be addressed in the 2024-25 Action Plan. This Action Plan does not include any funds for public facilities and infrastructure activities.

As of this meeting, HUD has not announced its annual allocations for FY2024. The budget specified in the draft report for next fiscal year is an approximation based on prior year allocations. The budget will be modified accordingly once HUD announces the FY2024 allocations. The City anticipates receiving $1.9 million of CDBG funds, $740,000 of HOME funds and $175,000 of ESG funds from HUD. In addition, the City has $3,586,247 in carryover HOME funds set aside for future affordable housing projects and activities.

The following CDBG projects are included in the draft FY2024-25 Action Plan:

Strategy/Goal Project Funding
N/A CDBG Administration $342,500
Ensure equal access to housing
opportunities/ Fair housing services
Fair Housing $37,500
Provide public services for low-income
residents/families
Public Safety and Recreational
Scholarships
$285,000
Expand the supply of affordable
housing
Acquisition, Rehabilitation, and
Rental Program
$1,235,000
Total: $1,900,000
The CDBG Acquisition, Rehabilitation, and Rental Program is designed to increase the City’s affordable housing stock by purchasing, rehabilitating, and renting single-family properties to income- eligible households at or below 80% Area Median Income (AMI). The Housing staff bids on and purchases properties that are available on the market for sale and then rehabilitates them, in order to offer suitable living conditions for low-income families.

In order to have a successful program and to ensure that staff is able to compete with private purchasers, the following processes have been established:
· The Housing Development Manager would be authorized to submit offers on potential properties
· The Deputy City Manager (for purchases up to $50,000) or the City Manager (for all purchases over $50,000 and up to the full amount of allocated funds) would be authorized to finalize any contractual and/or escrow documents in order to purchase the properties. · Only the City Manager would be authorized to sign the Certificate of Acceptance that is attached to the Grant Deed to complete the acquisition.

Staff will report to City Council annually on property purchases in the Consolidated Annual Performance and Evaluation Report (CAPER).

The following HOME projects are included in the draft Action Plan:

Strategy/Goal Project Funding
N/A HOME Administration $74,000
Ensure equal access to housing
opportunities/ Fair housing services
Affordable Rental Housing
(including CHDO set-aside)
$666,000
Total: $740,000
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File #: 21-2897 Agenda Date: 3/26/2024
Agenda #: B. Category: Public Hearing
Strategy/Goal Project Funding
N/A HOME Administration $74,000
Ensure equal access to housing
opportunities/ Fair housing services
Affordable Rental Housing
(including CHDO set-aside)
$666,000
Total: $740,000
The following ESG projects are included in the draft Action Plan:

Strategy/Goal Project Funding
N/A ESG Administration $13,125
Prevent and eliminate homelessness
& homelessness prevention services.

Homelessness Prevention $121,400
Prevent and eliminate homelessness
& homelessness prevention services.

Rapid Re-Housing Program $40,475
Total: $175,000
Citizen Participation in the Development of the draft One-Year Action Plan In compliance with federal regulations and the City’sadopted Citizen Participation Plan, the Notice of Public Hearing and notice of availability of the aforementioned draft documents were published in the Press Enterprise, San Bernardino Sun and the El Chicano on February 22, 2024.

The draft documents were made available for public review and comment from February 22, 2024 through March 22, 2024 at the Library and multiple locations at City Hall/Development Services buildings. Additionally, it was posted on the City’swebsite. The Public Hearing scheduled for March 26, 2024, at 2:00 p.m. provides another opportunity for public input. Any and all comments received during the process (at public meetings and/or in writing) with respect to a particular draft document will be incorporated into the final draft document, as applicable, prior to submission to HUD.

FISCAL IMPACT:

The fiscal impact associated with this approval of this item is approximately $1.9M of federal Community Development Block Grant (CDBG) program funds, $740,000 of HOME Investment Partnerships (HOME) funds, and $175,000 of Emergency Solutions Grant (ESG) funds and is included in the proposed 2024-25 budget in various Fund 362 and 363 projects.

Project # 30200011-362 $380,000 Project # 30200012-362 $175,000 Project # 04032033-362 $250,000 Project # 30200017-363 $74,000 Project # 30200016-362 $35,000 Project # 30200006-363 $666,000 Project # 30200002-362 $1,235,000
MOTION:

Approve staff recommendation.

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Annual Action Plan
FY 2024-2025

Public Review
February 22, 2024

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Table of Contents
Executive Summary ............................................................................................................................ - 1 - AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ............................................................... - 1 - PR-05 Lead & Responsible Agencies – 91.200(b) ............................................................................. - 4 - AP-10 Consultation – 91.100, 91.200(b), 91.215(l) .......................................................................... - 5 - AP-12 Participation – 91.105, 91.200(c) ........................................................................................ - 20 - Expected Resources ......................................................................................................................... - 21 - AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................. - 21 - Annual Goals and Objectives ............................................................................................................ - 25 - AP-20 Annual Goals and Objectives............................................................................................... - 25 - AP-35 Projects – 91.220(d) ........................................................................................................... - 27 - AP-38 Project Summary ................................................................................................................ - 28 - AP-50 Geographic Distribution – 91.220(f) ..................................................................................... - 31 - Affordable Housing ........................................................................................................................... - 32 - AP-55 Affordable Housing – 91.220(g) ........................................................................................... - 32 - AP-60 Public Housing – 91.220(h) ................................................................................................. - 34 - AP-65 Homeless and Other Special Needs Activities – 91.220(i) ..................................................... - 34 - AP-75 Barriers to affordable housing – 91.220(j) ............................................................................ - 40 - AP-85 Other Actions – 91.220(k) ................................................................................................... - 41 - Program Specific Requirements ........................................................................................................ - 44 - AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ............................................................... - 44 -

Action Plan Tables
Table 1 – Responsible Agencies .......................................................................................................... - 4 - Table 2 - Agencies, groups, organizations who participated................................................................ - 17 - Table 3 – Other local/ regional/ federal planning efforts....................................................................... - 18 - Table 4 – Citizen Participation Outreach ............................................................................................ - 20 - Table 5 - Expected Resources – Priority Table ................................................................................... - 22 - Table 6 – Goals Summary ................................................................................................................. - 25 - Table 7 - Goals Description ............................................................................................................... - 26 - Table 8 - Project Information ............................................................................................................. - 27 - Table 9 - Project Summary ................................................................................................................ - 30 - 166
City of Fontana iii 2024 Annual Action Plan

Table 10 - Geographic Distribution .................................................................................................... - 31 - Table 11 - One Year Goals for Affordable Housing by Support Requirement ........................................ - 33 - Table 12 - One Year Goals for Affordable Housing by Support Type ................................................... - 33 -

167
City of Fontana iv 2024 Annual Action Plan

Version History
No. Summary of Changes
1 Published Draft for Public Comment: Sent to HUD for Approval:

Conducted Public Hearing: Approved by HUD:

168
City of Fontana - 1 - 2024 Annual Action Plan

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2024-2025 Action Plan is the City of Fontana’s Annual Plan for the investment of annual allocations of Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) funds from the U.S. Department of Housing and Urban Development (HUD) during this fiscal year. These grant programs are consistent with HUD’s national strategy to provide decent housing opportunities, a suitable living environment, and economic opportunities, particularly for people with low- and moderate-income.

In consideration of finite grant resources, the goals and projects within this Action Plan outline the areas and population segments with the greatest level of need for a particular program or activity and intends to invest grant resources in high leverage opportunities where data suggests the City will be able to maximize the impact of every dollar. The Action Plan utilizes the priority needs identified in the 2020 – 2024 Consolidated Plan process, which identified the City’s priority needs, including the rationale for establishing allocation priorities and specific measurable goals to be addressed during the five-year period.

Within the 2024-2025 Action Plan, the City proposes the following activities:
2024-2025 CDBG PROGRAM

Public Service Activities
Public Safety $ 250,000
Scholarship Program $ 35,000
Capital Activities
Rental Housing Acquisition/Rehabilitation Program $1 ,235,000 Program Administration Activities
CDBG Program Administration $3 42,500
Inland Fair Housing & Mediation Board: Fair Housing Services $ 37,500

2024-2025 HOME PROGRAM

Housing Activities
Courtplace Phase 1 $1 12,010
Project TBD $ 555,000
CHDO TBD $ 111,000
Program Administration Activities
HOME Program Administration $7 4,000

2024-2025 ESG PROGRAM

Homeless Activities
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City of Fontana - 2 - 2024 Annual Action Plan

Homeless Services $161,875
ESG Administration $13,125

4. Summarize the objectives and outcomes identified in the Plan HUD’s Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three categories: decent housing, a suitable living environment, and economic opportunity. Based on the Consolidated Plan process conducted in 2020, the City’s current Strategic Plan identifies seven high priority needs to be addressed through the implementation of activities aligned with seven Strategic Plan goals.

The high priority needs for Fontana include:
• Preserve the supply of affordable housing
• Expand the supply of affordable housing
• Ensure equal access to housing opportunities
• Prevent and eliminate homelessness
• Provide public services for low-income residents
• Improve public facilities and infrastructure
• Provide for program administration
Consistent with HUD’s national goals for the CDBG, ESG and HOME programs to provide decent housing opportunities, maintain a suitable living environment and expand economic opportunities for low- and moderate-income residents, the priority needs listed above will be addressed over the remaining year through the implementation of CDBG, ESG and HOME funded activities aligned with the following seven measurable Strategic Plan goals:
• Affordable housing preservation
• Affordable rental housing development
• Fair housing services
• Homelessness prevention services
• Public Services for low-income families
• City of Fontana public facilities improvements
• Program administration
Activities proposed in the 2024 Action Plan address the following goals:
• Affordable rental housing development
• Fair housing services
• Homelessness prevention services
• Public Services for low-income families
• Program administration
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City of Fontana - 3 - 2024 Annual Action Plan

4. Evaluation of past performance
In program year 2022, the City of Fontana continued to administer programs which prioritized addressing the impacts of COVID-19 on residents at risk of currently experiencing homelessness. Concurrently, the City administered programs with HUD’s typical priorities on people with low- and moderate income. In program year 2022 those projects were:

1. Ensuring equal access to opportunities: 85 residents and landlords of Fontana received fair housing assistance.

2. Public Safety Assistance: Over 59,000 residents of Fontana benefitted from public safety assistance.

3. Affordable Housing Preservation: 11 households received assistance to rehab their homes.

4. Affordable Rental Housing Development: Six single family homes were acquired, rehabilitated and rented to eligible households.

5. Homeless prevention/ rapid rehousing: Over 100 individuals experiencing or at risk of experiencing homelessness were assisted.

4. Summary of Citizen Participation Process and consultation process In accordance with the City of Fontana’s Citizen Participation Plan (CPP), the City conducted a 30-day public comment period from February 22 to March 22, 2024. The City conducted a public hearing March 26, 2024, to receive comments on the draft Action Plan. As noted in the City’s CPP, the second public hearing required during the program year is conducted during the CAPER process.

4. Summary of public comments
TBD

4. Summary of comments or views not accepted and the reasons for not accepting them TBD

4. Summary
TBD

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City of Fontana - 4 - 2024 Annual Action Plan

PR-05 Lead & Responsible Agencies – 91.200(b)

4. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator FONTANA Housing Department
HOME Administrator FONTANA Housing Department
ESG Administrator FONTANA Housing Department
Table 1 – Responsible Agencies
Narrative
The City of Fontana Housing Department is the lead agency responsible for administration of the CDBG, HOME, and ESG programs. The Housing Department is responsible for the day-to-day implementation of the programs and the development of the Five-Year Consolidated Plan and the Annual Action Plan. In addition, the City has contracted with MDG Associates, Inc. to prepare the 2024 Annual Action Plan.

The Consolidated Planning process included comprehensive citizen participation and consultation, needs assessment and market analysis to identify levels of relative need regarding affordable housing, homelessness, special needs, and community development. This information was gathered through consultation with public officials and local agencies, public outreach and community meetings, review of demographic and economic data, and housing market analysis.

In the implementation of the 2024 Annual Action Plan, the Housing Department shall be responsible for all grants planning, management, and monitoring duties necessary to comply with HUD regulations and City policy.

Consolidated Plan Public Contact Information
Mary Aguilar, Project Specialist
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
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City of Fontana - 5 - 2024 Annual Action Plan

AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

4. Introduction
As part of the Consolidated Planning process the City of Fontana consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate-income residents, and/or provision of services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods:
• Stakeholder surveys (web-based and paper-surveys)
• Individual stakeholder consultations
• Community meetings
• Public hearings
• Receipt of written comments
The input gathered from these consultation partners helped establish and inform the objectives and goals described in the Strategic Plan. Specific comments received from consultation partners are included in the Attachments section of the Consolidated Plan.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).

The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of their programs. As a result, during the development of this Consolidated Plan, the City consulted closely with organizations that provide assisted housing, health services and other community-focused agencies. Outreach efforts included surveys which addressed coordination, invitations to community meetings and follow-up in-person interviews where appropriate.

The City further recognizes the importance of continued coordination and alignment throughout the five- year planning period with these organizations and agencies. The City will continue strengthening relationships and alignment among these organizations.

Describe coordination with the Continuum of Care and effor ts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness San Bernardino County’s homeless Continuum of Care (COC) is comprised of a network of public, private, faith-based, for-profit, and nonprofit service providers who utilize several federal, state and local resources to provide services for homeless people. The region’s municipalities, including the City of Fontana, also provide resources for services that assist the homeless and those at risk of becoming homeless. The 173
City of Fontana - 6 - 2024 Annual Action Plan

nonprofit and faith-based community plays a key role in the current COC system. Hundreds of agencies throughout the County provide programs ranging from feeding the homeless on the street to creating permanent supportive housing opportunities. These services are available to homeless families with children, and single men and women. The nonprofit and faith-based community also serves special needs populations, such as victims of domestic violence, veterans, the disabled and youth.

The COC guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City provided a detailed questionnaire to the COC to identify the COC’s perceived needs in the county and its objectives to address the needs of different homeless persons populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth and persons at risk of homelessness. Following the delivery and response to this questionnaire, the City followed up with the COC to clarify existing needs and objectives and understand opportunities for collaboration and coordination during the five-year planning process.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS
In the development of the 2020-2024 Consolidated Plan, the City of Fontana consulted 84 housing, social services, governmental and other entities involved in housing and community development in Fontana and throughout the region to obtain valuable information on the priority needs in the City and how CDBG, ESG, HOME, and other resources should be invested to provide decent affordable housing, a suitable living environment and economic opportunities for low- and moderate-income residents. The San Bernardino County Continuum of Care (COC) was consulted directly in person, by telephone, and by email to discuss performance standards, outcomes, and policies and procedures for HMIS. Through a competitive process Water of Life Church was awarded program year 2023 ESG funds for the provision of homeless services.

The table below provides a listing of the entities consulted as part of this planning process.

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City of Fontana - 7 - 2024 Annual Action Plan

4. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencie s and other entities
1 Agency/Group/Organization San Bernardino County Interagency Council on Homelessness
Agency/Group/Organization Type Services-homeless
Regional organization
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
In person, personal calls, sent letter and e-mail with
copy of Needs Survey as well as link to the survey.

How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Personal call, emails and sent letter and e-mail with
copy of Needs Survey as well as link to the survey.

Through this consultation, Fontana preserved lines of
communication between the stakeholder and the City
to be an active participant in housing and community
development planning in the jurisdiction. Fontana
sought specific input, feedback, and recommendations
related to the topics highlighted above from this
stakeholder.
4 Agency/Group/Organization City of Fontana Housing Authority Agency/Group/Organization Type PHA
What section of the Plan was addressed
by Consultation?
Public Housing Needs
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Personal calls and sent letter and e-mail with copy of
Needs Survey as well as link to the survey. Through this consultation, Fontana preserved lines of
communication between the stakeholder and the City
to be an active participant in housing and community
development planning in the jurisdiction. Fontana
sought specific input, feedback, and recommendations
related to the topics highlighted above from this
stakeholder.
5 Agency/Group/Organization Fontana Unified School District Agency/Group/Organization Type Services-Children
Services-Education
Other government – Local
What section of the Plan was addressed
by Consultation?
Public Services
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
6 Agency/Group/Organization Water of Life Church
Agency/Group/Organization Type Services-Homeless
176
City of Fontana - 9 - 2024 Annual Action Plan

What section of the Plan was addressed
by Consultation?
Homeless Needs-Chronically homeless
Homeless Needs-Veterans
Homeless Needs-Families with Children
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
7 Agency/Group/Organization BOYS AND GIRLS CLUB OF FONTANA Agency/Group/Organization Type Services-Children
What section of the Plan was addressed
by Consultation?
Other-Public Services
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
8 Agency/Group/Organization Jamboree Housing
Agency/Group/Organization Type Housing
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
9 Agency/Group/Organization California Apartment Association Agency/Group/Organization Type Services-Housing
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City of Fontana - 10 - 2024 Annual Action Plan

What section of the Plan was addressed
by Consultation?
Housing Needs Assessment
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
10 Agency/Group/Organization OPARC
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
11 Agency/Group/Organization Inland Regional Center
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
12 Agency/Group/Organization Foothill AIDS Project
Agency/Group/Organization Type Services-Persons with HIV/AIDS 178
City of Fontana - 11 - 2024 Annual Action Plan

What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
13 Agency/Group/Organization OPTION HOUSE
Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
14 Agency/Group/Organization FRAZEE COMMUNITY CENTER
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
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City of Fontana - 12 - 2024 Annual Action Plan

15 Agency/Group/Organization San Bernardino County Homeless Provider Network Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
16 Agency/Group/Organization COC SB County Office of Homeless Services Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
17 Agency/Group/Organization SAN BERNARDINO COUNTY LIBRARY Agency/Group/Organization Type Services-Education
Other government – County
What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
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City of Fontana - 13 - 2024 Annual Action Plan

How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
18 Agency/Group/Organization Quality Management Group
Agency/Group/Organization Type Housing
What section of the Plan was addressed
by Consultation?
Housing Needs Assessment
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
19 Agency/Group/Organization San Bernardino County Superintendent of Schools Agency/Group/Organization Type Services-Education
What section of the Plan was addressed
by Consultation?
Homeless Needs – Families with children
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana preserved lines of communication between the
stakeholder and the City to be an active participant in housing and community development planning in the
jurisdiction. Fontana sought specific input, feedback,
and recommendations related to the topics highlighted
above from this stakeholder.
20 Agency/Group/Organization Chaffey College – Fontana Campus Agency/Group/Organization Type Services-Education
Other government – Local
What section of the Plan was addressed
by Consultation?
Other-Public Education
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City of Fontana - 14 - 2024 Annual Action Plan

How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
21 Agency/Group/Organization CA SBDC Small Business Development Center Agency/Group/Organization Type Services-Employment
What section of the Plan was addressed
by Consultation?
Economic Development
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
22 Agency/Group/Organization Inland Empire Economic Partnership (IEEP) Agency/Group/Organization Type Services-Employment
What section of the Plan was addressed
by Consultation?
Economic Development
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
23 Agency/Group/Organization San Bernardino County Workforce Investment Board Agency/Group/Organization Type Services-Employment
What section of the Plan was addressed
by Consultation?
Economic Development
182
City of Fontana - 15 - 2024 Annual Action Plan

How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
24 Agency/Group/Organization Inland Fair Housing and Mediation Board (IFHMB) Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
25 Agency/Group/Organization San Bernardino County Transitional Assistance Department
Agency/Group/Organization Type Services-Children
Child Welfare Agency
Other government – Local
What section of the Plan was addressed
by Consultation?
Public Services
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
183
City of Fontana - 16 - 2024 Annual Action Plan

26 Agency/Group/Organization San Bernardino County Department of Behavioral Health
Agency/Group/Organization Type Publicly Funded Institution/System of Care What section of the Plan was addressed
by Consultation?
Public Health
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
27 Agency/Group/Organization City of Fontana Chamber of Commerce Agency/Group/Organization Type Business and Civic Leaders What section of the Plan was addressed
by Consultation?
Economic Development
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
28 Agency/Group/Organization Southern CA Council of Governments (SCAG) Agency/Group/Organization Type Regional organization
What section of the Plan was addressed
by Consultation?
Economic Development
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
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City of Fontana - 17 - 2024 Annual Action Plan

29 Agency/Group/Organization City of Fontana Police Department Agency/Group/Organization Type Government – Local
What section of the Plan was addressed
by Consultation?
Public Safety
Correctional Program
Homeless Assistance
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.
30 Agency/Group/Organization Target Store (Fontana North) Agency/Group/Organization Type Business Leaders
What section of the Plan was addressed
by Consultation?
Economic Development
How was the Agency/Group/
Organization consulted and what are the
anticipated outcomes of the consultation
or areas for improved coordination?
Sent letter and e-mail with copy of Needs Survey as
well as link to the survey. Through this consultation,
Fontana opened or preserved lines of communication
between the stakeholder and the City to be an active
participant in housing and community development
planning in the jurisdiction. Fontana sought specific
input, feedback, and recommendations related to the
topics highlighted above from this stakeholder.

Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to maintain a current and comprehensive list of agencies, organizations and other stakeholders and invited representatives from each entity to participate in the planning process at multiple points. If an agency did not attend meetings or participate in surveys, it was done so by the agency’s choice.

If an agency or organization was not consulted and would like to be included in the City’s list of stakeholders, the agency or organization may contact the CDBG Project Specialist at (909) 350-6786. 185
City of Fontana - 18 - 2024 Annual Action Plan

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
County of San
Bernardino
Department of
Public Social
Services –
Homeless
Programs Unit

The Homelessness Prevention Services goal of the Strategic Plan is consistent with the County of San Bernardino Homelessness Action Plan.

City of Fontana
2021-2029
Housing
Element
City of Fontana
Community
Development
Department
The goals of the Strategic Plan are consistent with the Housing Element with respect to affordable housing development, affordable housing preservation and furthering fair housing choice.

Table 3 – Other local/ regional/ federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) In the development of the 2020-2024 Consolidated Plan, the City afforded the following other public entities with the opportunity to provide input on the Consolidated Plan and welcomes their input concerning the future implementation of projects to address the nine Strategic Plan goals:
• City of Rialto
• City of Rancho Cucamonga
• City of San Bernardino
• Council on Aging
• County of San Bernardino
• Court Appointed Special Advocates (CASA)
• Federal Emergency Management Agency (FEMA)
• Fontana Unified School District
• Housing Authority of the County of San Bernardino
• Inland Empire Regional Broadband Consortium
• Inland Regional Center
• San Bernardino Associated Governments (SANBAG)
• San Bernardino County Economic Development Agency
• San Bernardino County Environmental Health Department • San Bernardino County Public Health Department
• San Bernardino County Pre-School Services Department
• San Bernardino County Transportation Commission (RCTC) • San Bernardino County Sheriff’s Department (POP Program) • San Bernardino County Victims Services
• Southern California Council of Governments (SCAG)
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City of Fontana - 19 - 2024 Annual Action Plan

• State of California Department of Housing and Community Development • State of California Employment Development Department • U.S Department of the Interior – Bureau of Land Management

187
City of Fontana - 20 - 2024 Annual Action Plan

4. Summary of citizen participation process/Efforts made to broaden citizen participation In accordance with the City of Fontana’s Citizen Participation Plan, the City conducts two public hearings during the program year to gather feedback on program activities, needs, and accomplishments. The City conducted its first public hearing to review the draft CAPER in 2023. The second public hearing, to gather feedback on the draft Annual Action Plan, was conducted on March 26, 2024.

Additionally, the City made the draft Action Plan available for comment for a period of 30 days.

Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Comment Period
(February 22 to
March 22, 2024)
All TBD TBD TBD n/a
2 Public Hearing
(March 26, 2024)
All TBD TBD TBD n/a
Table 4 – Citizen Participation Outreach

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City of Fontana - 21 - 2024 Annual Action Plan

Expected Resources
AP-15 Expected Resources – 91.220©(1,2)
Introduction
For the 2024-2 025 program year, the City anticipates an allocation of approximately $1,900,000 CDBG funds, $175,000 ESG funds and $740,000 HOME funds from HUD for the program activities described in this Action Plan to be implemented from July 1, 2024 to June 30, 2025. This amount may be adjusted when HUD announces its final allocation awards. The City will proportiona lly revise project allocations based on actual allocation amounts.

189
City of Fontana - 22 - 2024 Annual Action Plan

Anticipated Resources
Program Source of
Funds Uses of Funds
Expected Amount Available Year 4 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative
Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG public –
federal
• Admin and
Planning
• Housing
• Public
Improvements
Public Services
1,900,000 0 0 1,900,000 0 This is the fifth
and final year for
the Consolidated
Plan period. All
available funds
have been
committed and
are expected to
be expended.

HOME public -
federal
• Acquisition/
Rehabilitation
• Multifamily rental
new construction
740,000 99,279 3,586,247 4,326,247 0 This is the fifth
and final year for
the Consolidated
Plan period. All
available funds
have been
committed and
are expected to
be expended.

ESG public –
federal
Rapid re-housing &
homeless prevention
175,000 0 0 175,000 0 This is the fifth
and final year for
the Consolidated
Plan period. All
available funds
have been
committed and
are expected to
be expended.

Table 5 – Expected Resources – Priority Table1

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City of Fontana - 23 - 2024 Annual Action Plan

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied To address housing and community development needs in Fontana and maximize the effectiveness of available funds, the City will leverage its CDBG and HOME entitlement grants with a variety of funding resources. The City’s former Redevelopment Agency was the primary non-federal source of leveraged funds. With the elimination of the City’s Redevelopment Agency, the City’s ability to leverage federal funds has been substantially reduced. The City and its development partners will continue to seek new opportunities to leverage federal funds, such as the Low-Income Tax Credit program and U.S. Department of Housing and Urban Development Section 202 and 811 for the Elderly Program.

Federal Resources
• Continuum of Care (COC) Program
• HUD Veterans Affairs supportive Housing (HUD-VASH)
• Supportive Housing for the Elderly (Section 202)
• Supportive Housing for Persons with Disabilities (Section 811) • Housing Opportunities for Persons with AIDS (HOPWA)
• Youthbuild
• Federal Low-Income Housing Tax Credit Program
State Resources
• State Low-Income Housing Tax Credit Program
• CalHome Program
• Multifamily Housing Program (MHP)
• Housing Related Parks Grant
• CalHFA Single and Multi-Family Program
• Mental Health Service Act (MHSA) Funding
• Homeless Housing, Assistance and Prevention (HHAP) Program • Homeless Emergency Aid Program (HEAP)
• California Emergency Solutions and Housing Program (CESH) Local Resources
• San Bernardino County Homeless Partnership (SBCHP)
• Housing Authority of the County of San Bernardino (HACSB) • Southern California Home Financing Authority (SCHFA) Funding • San Bernardino County Continuum of Care Program
Matching Requirements
191
City of Fontana - 24 - 2024 Annual Action Plan

HOME:

HUD requires that the City provide a 25 percent match for their HOME annual allocation. In accordance with 24 CFR 92.222, satisfying the distress criteria established by the HOME Program regulations are provided a match reduction. The match reductions are granted due to fiscal distress, severe fiscal distress, and Presidential disaster declarations. When a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a reduction of match. The City of Fontana did not qualify for a match reduction from HUD in FY 2023 and was required to match 25% of HOME Funds using non- federal funds. The City anticipates the same determination and matching requirements in FY 2024. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report (CAPER) each year.

ESG:

HUD requires the City provide 100 percent match for its total expenditures. The City requires the ESG subrecipient provide match from its own resources in the form of cash and from qualified non-cash sources. The City provides match for all Administrative costs incurred from qualified sources.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
Fontana will comply with new State requirements under AB1486 and AB1255 to inventory and support developers to access and utilize surplus municipal and state land for the construction of affordable housing.

If such sites are identified, the City will consider the use of HUD funding or other resources to assist with site preparation and/ or development. At this time, no publicly owned land or property is expected to be used to address the needs in this plan, unless the City addresses ADA Transition Plan needs with CDBG funds.

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Sort Order Goal Name Start
Year
End
Year Category Geographic
Area
Needs
Addressed Funding ($) Goal Outcome Indicator
1 Fair Housing
Services
2024 2025 Affordable
Housing
Citywide Ensure equal
access to
housing
opportunities
CDBG: 37,500 Other: 90 persons
2 Public Services
for low-income
residents
2024 2025 Non-Housing
Community
Development
Citywide Provide public
services to
low-income
residents
CDBG: 285,000 Public service activities other
than Low/Moderate Income
Housing Benefit: 20,250
Persons Assisted
3 Homelessness
Prevention
Services
2024 2025 Homeless Citywide Prevent and
eliminate
homelessness
ESG: 175,000 100 Persons Assisted
50 Persons Assisted
4 Affordable Rental
Housing
Development
2024 2025 Affordable
Housing
Development
Citywide Expand the
supply of
affordable
housing
CDBG: 1,235,000
HOME: 4,143,245
Rental units constructed: 11
Housing Units.

Units acquired/ rehabbed: 2
housing units
5 City of Fontana
CDBG and
HOME Program
Administration
2024 2025 Program
Administration
N/A Comply with
federal CDBG
and HOME
statutes and
regulations
CDBG: $342,500
HOME: $74,000

Program Administration
Table 6 – Goals Summary

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Goal Descriptions
1 Goal Name Fair Housing Services
Goal
Description
This program will provide fair housing services including education, outreach, enforcement, landlord/tenant counseling, and mediation services for the residents of the City of Fontana. Fontana residents are provided services at the Inland Fair Housing and Mediation Board office located in the City of Ontario.
2 Goal Name Public Services for low-income families
Goal
Description
These programs will provide services to low- and moderate-income families with a range of public services including but not limited to youth services, childcare, seniors and crime prevention. 3 Goal Name Homelessness Prevention Services
Goal
Description
These programs will support a continuum of services to prevent and eliminate homelessness including but not limited to homeless prevention and rapid rehousing programs. If and when necessary, Fontana will use HUD funding to address urgent issues and conditions impacting the health and safety of homeless residents and those at risk of becoming homeless. 4 Goal Name Affordable Rental Housing Development
Goal
Description
In partnership with housing developers, leverage HOME, CDBG and other housing funds in support of the development of new rental housing units affordable to households earning less than 30, 60 or 80 percent of Area Median Income (AMI) or the acquisition and rehabilitation of existing housing units affordable to household earning less than 80 percent of AMI. 5 Goal Name City of Fontana CDBG and HOME Administration Goal
Description
These funds will be used to comply with federal statutes and regulations pertaining to the CDBG and HOME Programs.

Table 7 - Goals Description
Estimate the number of extremely low -income, low-income and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
Through the FY2024 goals, the City will provide housing to 13 income-eligible households. Income limits of assisted households will be determined through the specific activities.
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AP-35 Projects – 91.220(d)
Introduction
To address the high priority needs identified in the Strategic Plan to the 2020-2024 Consolidated Plan, the City of Fontana will invest CDBG, HOME, and ESG funds in projects that preserve affordable housing, provide fair housing services, provide services to low- and moderate-income residents, provide public services to low- and moderate-income residents, prevent homelessness, preserve neighborhoods, and improve public facilities and infrastructure. Together, these projects will address the housing and community development needs of Fontana residents-particularly those residents residing in the low- and moderate-income CDBG Target Areas.

Projects
# Project Name
1 Fair Housing Services
2 Affordable Rental Housing Development
3 Public Services for low-income families
4 Homeless Assistance (ESG24 Fontana)
5 Program Administration
Table 8 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Based on the Strategic Plan, the City is allocating 100 percent of its 2024 CDBG funds (excluding Program Administration) to projects and activities that benefit low- and moderate-income people. The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state, and other local sources and the high cost of housing that is not affordable to low- income people. Since housing continues to be the greatest need, the City will be designating most of its allocation to address housing needs and therefore not be investing in projects addressing Public Facilities and Infrastructure Improvements needs. The City will continue investing 2024 CDBG funds in projects that provide neighborhood services for low- and moderate-income people and those with special needs, and projects that prevent homelessness.

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AP-38 Project Summary
Project Summary Information
1 Project Name Fair Housing Services
Target Area Citywide
Goals Supported Fair Housing Services
Needs Addressed Ensure equal access to housing opportunities Funding CDBG: $37,500
Description Fulfill the HUD regulatory mandate to affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination, and landlord- tenant mediation services.

Target Date 6/30/2025
Estimate the
number and type of
families that will
benefit from the
proposed activities
90 low- and moderate-income people
Location
Description
Citywide
Planned Activities Fair Housing Services (90 People) $37,500 2 Project Name Affordable Rental Housing Development
Target Area Citywide
Goals Supported Affordable Rental Housing Development
Needs Addressed Expand the supply of affordable housing Funding CDBG: $1,235,000
HOME $4,143,245 ($666,000 Fiscal Year 2024, $3,377,966 Prior Year Unallocated, $99,279 Program Income)
Description HOME funds in support of the development of new affordable rental housing units for a yet to be determined a project. Should a project be identified the Plan will be amended.

CDBG funds in support of the acquisition/rehabilitation of existing housing units affordable to household earning less than 80 percent of AMI.

Target Date 6/30/2025
Estimate the
number and type of
families that will
benefit from the
proposed activities
11 affordable housing units constructed for lower income families 2 affordable housing units acquired and rehabbed for lower income families. 196
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Location
Description
TBD
Planned Activities TBD
3 Project Name Public Services for low-income families
Target Area Citywide
Goals Supported Public Services for low- and moderate-income families Needs Addressed Provide public services to low-income residents Funding CDBG: $285,000
Description Provide low- and moderate-income families with a range of public services necessary to prevent homelessness and ameliorate the effects of poverty.

Target Date 6/30/2025
Estimate the
number and type of
families that will
benefit from the
proposed activities
20,250 low-income persons
Location
Description
Citywide
Planned Activities Public Safety Program (20,000 persons) $250,000 Recreational and Targeted Services for eligible residents (such as elderly and youth).

Activities may include recreational scholarships, meals, and transportation assistance (40 persons) $35,000
4 Project Name Homeless Assistance (ESG22 Fontana)
Target Area Citywide
Goals Supported Homelessness Prevention Services
Needs Addressed Prevent and eliminate homelessness
Funding ESG: $175,000
Description Support a continuum of services in San Bernardino County to prevent and eliminate homelessness including but not limited to homelessness prevention and rapid rehousing programs.

Target Date 6/30/2025
Estimate the
number and type of
families that will
benefit from the
proposed activities
Approximately 150 extremely low-income individuals and households Location
Description
Citywide
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Planned Activities Homeless services in the amount of $161,875, which may include Street Outreach, Homelessness Prevention, Rapid Rehousing, and HMIS.

ESG Program Administration $13,125
5 Project Name Program Administration
Target Area Citywide
Goals Supported All
Needs Addressed All
Funding CDBG: $342,500
HOME: $74,000
Description Provide for the administration of the CDBG and HOME programs.

Target Date 6/30/2025
Estimate the
number and type of
families that will
benefit from the
proposed activities
Other
Location
Description
Citywide
Planned Activities Administration of CDBG and HOME programs, projects, and activities.

Table 9 - Project Summary

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
Assistance will be primarily directed to low- and moderate-income persons or households, however all public facility improvement project funds will be directed within CDBG eligible Census tracts and block groups. These areas are comprised of low- and moderate-income Census tract Block Groups centered on the central part of Fontana and the Census tract Block Groups along Sierra Avenue to include the southeastern section of the City. Residents of these eligible areas have median incomes substantially below the citywide median household income of $64,304.

Geographic Distribution
Target Area Percentage of Funds
Citywide 100%
Table 10 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Based on the Strategic Plan, the City is allocating 100 percent of its non-administrative CDBG funds and 100 percent of its non-administrative HOME investment partnership funds for program year 2024 to projects and activities that benefit low- and moderate-income people. While the City targets public facility activities in eligible areas, it does not target specific neighborhoods with concentrated investment and instead evaluates funding on a citywide basis when determining eligibility. The City is not requesting approval of a Neighborhood Revitalization Strategy Area as part of this Plan.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Four high priority affordable housing needs are identified in the 2020-2024 Consolidated Plan and four Strategic Plan goals are established to provide the framework necessary to invest CDBG and HOME funds to address the affordable housing needs of the City.

Expand the Supply of Affordable Housing
Based on evaluation of 2011-2015 ACS and CHAS data, there is a high need for housing units affordable for households earning less than 80 percent of AMI. Of the 18,289 households earning 0-80 percent of AMI in the City, 13,988 are cost burdened households—meaning households paying more than 30 percent of their income for housing. Additionally, 7,815 of the cost burdened households are considered severely cost burdened households—meaning that they pay more than 50 percent of their income for housing. Of the 7,815 severely cost burdened households, 3,950 are renters. Of those severely cost burdened renter households, 4,180 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless.

Preserve the Supply of Affordable Housing
As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low- and moderate-income homeowners who are generally not in a financial position to properly maintain their homes.

The age and condition of Fontana’s housing stock is an important indicator of potential rehabilitation needs.

Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures.

According to CHAS data showing the year that housing units were built categorized by owner and renter tenure:
• 8,665 or 27.1 percent of the 31,945 owner-occupied housing units in Fontana were built 39 or more years ago (built prior to 1980).
• 14,160 or 44.3 percent of the 31,945 owner -occupied housing units built between 15 and 39 years ago (built between 1980 and 1999).
• 6,665 or 40.3 percent of the 18,029 renter -occupied housing units in Fontana were built 39 or more 200
City of Fontana - 33 - 2024 Annual Action Plan

years ago (built prior to 1980).
• 7,125 or 39.5 percent of the 18,029 renter -occupied housing units in Fontana were built between 15 and 39 years ago (built between 1980 and 1999).

Preservation of the physical and functional integrity of existing housing units occupied by low- and moderate-income households is a cost-effective way to invest limited resources to retain existing housing units that are already affordable to low- and moderate-income households in the community. Addressing substandard housing conditions through housing preservation activities provide that all economic segments of the community have the means to ensure that their property meets local standards and that all Fontana residents have the opportunity to live in decent housing.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 13
Special-Needs 0
Total 13
Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 11
Rehab of Existing Units 0
Acquisition of Existing Units 2
Total 13
Table 12 - One Year Goals for Affordable Housing by Support Type

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AP-60 Public Housing – 91.220(h)
Introduction
The City of Fontana Housing Authority was formed in 1994 under State of California Housing Authority Law to actively improve existing neighborhoods and develop affordable housing opportunities using local, state and federal resources. The Fontana Housing Authority does not administer Section 8 and does not own HUD Public Housing; however, the City is within the service area of the Housing Authority of the County of San Bernardino (HACSB) for the purposes of Section 8 and Public Housing.

Actions planned during the next year to address the needs to public housing HACSB will continue providing housing and public services to existing residents of HACSB-owned affordable housing units. It has completed the process of converting HUD Public Housing units to Section 8 units as part of HUD’s Rental Assistance Demonstration (RAD) program. As of HACSB’s 2020 Annual Report there were 812 vouchers and 144 HASCS-owned units in Fontana. Additionally, the HACSB waitlist for tenant-based rental assistance (Section 8) units is closed.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HACSB encourages residents to be actively involved in the community and in the management of public housing developments through resident councils and numerous opportunities for feedback such as community meetings and surveys. The HACSB and the City of Fontana also actively encourage and promote public housing residents to explore homeownership opportunities and programs through HACSB’s Homeownership Assistance Program targeted at current residents. HACSB also encourages and supports residents in participating in homebuyer counseling programs and recommends residents use the family self-sufficiency escrow account to save money towards homeownership.

As of December 2017, HACSB’s Homeownership program is the second largest in the state by the families participating in the program and is 31st nationwide among nearly 700 agencies with homeownership programs. Since 2002, 248 families have become homeowners through the Housing Authority’s Homeownership Assistance Program, which provides mortgage assistance to working families for up to 15 years and families with disabilities for up to 30 years.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. HACSB is considered a High Performing PHA.

Discussion
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HACSB is well-positioned to maintain and expand the supply of affordable housing units in the City of Fontana and throughout San Bernardino County through its partnerships with the State of California, San Bernardino County Department of Community Development and Housing, the City of Fontana, other cities throughout the county and Housing Partners I, a nonprofit affiliate of the Housing Authority.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City will invest CDBG and ESG funds during the 2024 program year to address high priority needs identified in the 2020-2024 Consolidated Plan including preventing homelessness and providing assistance to those who have become homeless. This will be accomplished though homeless prevention programs, emergency shelter and transitional housing.

Homelessness Prevention Services
According to the results of the bi-annual Point-in-Time Homeless Count (PIT Count) held on January 26, 2023, on any given night in San Bernardino County, approximately 4,195 people were homeless. To address incidences of homelessness in Fontana and to prevent extremely low-income Fontana families from becoming homeless, the City places a high priority on programs that work to prevent homelessness or rapidly connect homeless individuals with housing and supportive services. To address this need, the City will support a continuum of services in the City of Fontana utilizing its ESG funds and though the San Bernardino County COC to prevent and eliminate homelessness including, but not limited to, homelessness prevention programs, emergency shelter programs and transitional housing. Using ESG funds, the City will invest in homelessness prevention and anticipates serving about 150 unduplicated people in FY 2024. The City plans to invest federal Community Project Funds and other nonfederal funds to maintain and expand homeless facilities and services.

Services for Residents with Special Needs
Analysis of available data and consultation with organizations providing services for special needs populations revealed a high need for a range of additional services including, but not limited to, those concerned with developmentally disabled adults. The City’s policy for its new rental housing construction program includes a requirement to set aside a minimum number of units exclusively set aside for persons with disabilities. Any new rental project will comply with Title VIII of the Civil Rights Act of 1968 as amended, including Public Law 90-234.

Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Fontana Police Department’s Multiple Enforcement Team’s (MET) mission of the MET Unit is to provide a balanced approach in traditional law enforcement services, along with conducting outreach, education and providing resources to the homeless population. The goals of the MET Unit are to reduce crime relating to homelessness, calls for service, resources to medical professionals and city staff. MET also has a collaborative team between the City and County which includes a County Department of Behavioral Health social worker, a County Department of Probation Officer, and City Police Department Officer as part of the 204
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Homeless Outreach Support Team (HOST. Additionally, the City has formed the Community Outreach and Support Team (COAST) in partnership with the San Bernardino County’s Department of Behavioral Health and the San Bernardino Fire Department. This unit provides mental health services to the homeless population out in the field through crisis intervention, community activities, and providing resources to those in need. This partnership expedites the process and services in providing much-needed mental health to the homeless population.

The Fontana Police Department has partnered with the organizations to provide additional resources to the homeless population. Those organizations include the San Bernardino County Department of Behavioral Health and CityLink (Water of Life Church).

Since 2014, the City has worked with the San Bernardino County Sheriff’s Department efforts in creating a specific unit to engage the homeless. The mission of The Homeless Outreach Proactive Enforcement (H.O.P.E.) Team is to balance proactive outreach with enforcement of the law, while connecting members of the homeless population with resources that may help them transition from homelessness. The ultimate goal is to reduce the rate of recidivism, incarceration, and reduce the current costs associated to homeless related crime. This team interacts with many agencies within the City of Fontana and partners with organizations who are using their resources to reduce the number of chronically homeless individuals and families in the community. The HOPE Team’s goal is to go beyond the traditional response to homelessness by identifying problems, root causes and linking individual homeless people with agencies for help and housing. Through this investment in outreach, assessment and connection to appropriate resources, the City will significantly reduce the number of homeless occupying areas not meant for human habitation such as parks, alleys, canyons, commercial and industrial areas.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of Fontana, through its ESG allocation, provides homeless services, including supportive and financial assistance. In addition, the City supports the efforts of the San Bernardino County Continuum of Care (COC) and its member organizations that address homelessness. As described earlier, the City supports local nonprofit agencies who provide emergency rental assistance and housing counseling to low- and moderate-income residents to prevent homelessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the tra nsition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
As mentioned above, during the 2024 program year, the City will use CDBG funds for the Police Department’s MET Team to address the needs of the homeless. MET will connect chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth with 205
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available resources through the San Bernardino County COC, which is comprised of a network of public, private, faith-based, for-profit, and nonprofit service providers who utilize several federal, state, and local resources to provide services for homeless people. The goal is to help unsheltered homeless people make the transition to permanent housing and independent living, including shortening the time individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units.

The nonprofit and faith-based community plays a key role in the current COC system. Hundreds of agencies throughout the County provide programs ranging from feeding the homeless on the street to creating permanent supportive housing opportunities. These services are available to homeless families with children, and single men and women. The nonprofit and faith-based community also serves special needs populations, such as victims of domestic violence, veterans, the disabled and youth.

To prevent individuals and families who were recently homeless from becoming homeless again and to prevent individuals and families who are at risk of homelessness from becoming homeless the City has entered into an agreement with Water of Life Church to provide homeless prevention and rapid rehousing services.

Helping low-income individuals and families avoid becoming homeless, especially extremely low - income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The City will continue utilizing its ESG funds to prevent homelessness by funding to a qualified homeless services provider to provide rapid re-housing and homelessness prevention. The COC is also developing informational resources (such as 2-1-1) to better serve individuals who are homeless or at risk of becoming homeless. In addition, the COC is working to implement a database using real time information from intake and assessment that is housed in the Homeless Management Information System (HIMS). The City recently launched a 3-1-1 service to connect residents with homeless resources. Collectively, these strategies will help minimize duplication of effort and better connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homeless to appropriate resources.

In addition, the City Police Department has a memorandum of understanding with the San Bernardino County Department of Behavioral Health to provide dedicated, nonfinancial office space for rapid access to those in mental health crisis through their Triage, Engagement and Support Teams (TEST) and their mobile Community Crisis Response Teams (CCRT).

Discussion
With limited ESG and CDBG resources available, the City is investing ESG funds through the grants made 206
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to qualified homeless services providers to offer to person living in Fontana one or more of the following:
street outreach, emergency shelter, rapid re-housing, and homelessness prevention. Additionally, the City is investing general funds through the Police Department budget to provide MET Team officers that will connect unsheltered homeless individuals and families with emergency shelter, transitional housing, and permanent housing opportunities, as well as other services to address special needs such as drug and alcohol rehabilitation and mental health services.

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AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful.

Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey, the 2021-2029 Housing Element and market analysis, the primary barriers to affordable housing in Fontana are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoni ng ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
In the development of the 2021-2029 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken adequate steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of affordable housing and ensuring that the entitlement process runs smoothly from inception to completion.

Discussion
To address housing affordability and the lack of monetary resources for affordable housing, the 2020-2024 Consolidated Plan - Strategic Plan calls for the investment of a significant portion of CDBG and HOME funds for the development of 22 new affordable rental housing units during the five year period of the Consolidated Plan, the acquisition/rehabilitation of seven additional rental units and the rehabilitation and preservation of 100 existing affordable housing units over the next five years. Although the City no longer has access to Redevelopment Housing Set-Aside funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of affordable housing, to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City.

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AP-85 Other Actions – 91.220(k)
Introduction
In the implementation of the 2024 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead- based paint hazards, reduce the number of poverty-level families, develop institutional structure and enhance coordination between public and private housing and social service agencies.

Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state, and other local sources, the high cost of housing that is not affordable to low- income people and the lack of availability of home improvement financing in the private lending industry. To address these obstacles, the City is investing CDBG and HOME funds through the 2024 Action Plan in projects that provide grants and loans to low- and moderate-income homeowners for home improvements, projects that provide public and neighborhood services to low- and moderate-income people and those with special needs, and projects that prevent homelessness. To address underserved needs, the City is allocating 100 percent of its non-administrative CDBG and 100 percent of its HOME investments for program year 2024 to projects and activities that benefit low- and moderate-income people.

Actions planned to foster and maintain affordable housing In the implementation of the 2024 Annual Action Plan, the City will invest CDBG and HOME funds to foster affordable housing through the City of Fontana Acquisition Rehabilitation Rental Program impacting an estimated 13 households.

Actions planned to reduce lead-based paint hazards
The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. To reduce lead-based paint hazards, the City of Fontana Housing Rehabilitation Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in accordance with 24 CFR Part 35.

Actions planned to reduce the number of poverty-level families The implementation of CDBG, ESG, and HOME activities meeting the goals established in the 2020-2024 Consolidated Plan - Strategic Plan and the 2024 Annual Action Plan will help to reduce the number of poverty-level families by:
• Supporting activities that expand the supply of housing that is affordable to low- and moderate-income 209
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households
• Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate- income households
• Supporting a continuum of housing and public service programs to prevent and eliminate homelessness • Supporting housing preservation programs that assure low -income households have a safe, decent and appropriate place to live
• Supporting public services for low- and moderate-income residents including those with special needs and those at-risk of homelessness offered by nonprofit organizations receiving ESG funds In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CalWORKS, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare, and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence, and mental illness.

In addition, the City intends to implement Opportunity Zones to promote business development and expansion opportunities and, in the process, create increase the number of jobs available to lower income persons.

Actions planned to develop institutional structure
The institutional delivery system in Fontana is high-functioning and collaborative—particularly the relationship between local government and the nonprofit sector comprised of a network of capable nonprofit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City. support and enhance this existing institutional structure, the City of Fontana will collaborate with affordable housing developers and nonprofit agencies receiving CDBG and HOME funds through the 2024 Annual Action Plan to ensure that the needs of low- and moderate-income residents are met as envisioned within the 2020-2024 Consolidated Plan - Strategic Plan.

Actions planned to enhance coordination between public and private housing and social service agencies
To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate-income residents in Fontana—particularly the CDBG Target Areas.

Discussion:
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In the implementation of the 2024 Annual Action Plan, the City will invest CDBG, ESG, and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure and enhance coordination between public and private housing and social service agencies.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
In the implementation of programs and activities under the 2024 Annual Action Plan, the City of Fontana will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate-income benefit for the CDBG program and recapture requirements for the HOME program.

Eligible applicants for CDBG and ESG assistance include subrecipients who may carry out programs to benefit program beneficiaries on behalf of the City. Applications from interested subrecipients may be solicited by the City directly or via published Notices of Funds Availability at the discretion of the City.

Eligible beneficiaries for CDBG or HOME funded housing rehabilitation or first-time homebuyer programs include households earning less than 80 percent of AMI. Developers for HOME-assisted rental housing development projects shall be selected via an application and underwriting process determined by the City based on the regulatory requirements applicable to the prospective project based on the nature and scope of the proposed development. Opportunities for leveraging and matching funds shall be emphasized in the selection of affordable housing Developers. Selection of affordable rental housing development projects shall be based on project feasibility; funding availability; and City needs as determined by staff and the City Council.

Prospective subrecipients, beneficiaries and developers may obtain more information on the Fontana Housing Department / Housing Authority website at www.fontana.org.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
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5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City will not use any other forms of investment beyond those identified in Section 92.205.

A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

During the 2024 program year, the City of Fontana will not implement any HOME-assisted homebuyer activities. In the future, should the City choose to implement a homebuyer assistance activity, the City will incorporate a recapture requirement into written agreements and long-term affordability covenants as required by 24 CFR 92.254.

The recapture provision ensures that all or a portion of the City's HOME assistance to homebuyers or homeowners is recaptured if the housing does not continue to be the principal residence of the family for the duration of the applicable period of affordability. In establishing this provision, the City is subject to the limitation that when the recapture requirement is triggered by a sale (voluntary or involuntary) of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City can only recapture a portion of the net proceeds, if any. The net proceeds are the sales price minus superior loan repayment (other than HOME funds), capital improvements, and any closing costs.

In the event of a mortgage default, the City has the right of first refusal before foreclosure and may use additional HOME funds to acquire the housing in order to preserve the housing’s affordability.

However, notwithstanding a foreclosure situation, the City intends to recapture all or some of its HOME funds invested during or at the end of the established affordability period, if practicable. Recaptured HOME funds consist of loan payments (including interest) and/or a loan payoff, upon sale if the assisted owner is no longer residing in the assisted residence or for any other breaches of the agreement with the City. Recaptured funds may be used for any HOME eligible activity. 213
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These recaptured funds are identified in the City’s accounting system by a unique recaptured revenue object number. Any recaptured funds will be used by the City before any additional HOME funds.

A description of the guidelines for resale or recapt ure that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

See above.

Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City does not intend to use HOME funds under the 2024 Annual Action Plan to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds.

Emergency Solutions Grant (ESG)
Reference 91.220(I)(4)
Include written standards for providing ESG assistance (may include as attachment).

The Written Standards for Providing ESG Assistance are included in Appendix C.

If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The County of San Bernardino coordinates homeless services with both entitlement and non-entitlement cities through its Department of Behavioral Health Office of Homeless Services (OHS). This office is the designated administrative authority, or Lead Agency, over the County’s Continuum of Care (COC) and Coordinated Entry System (CES). The County oversees ESG grant distribution for its Service Area, which encompasses all unincorporated areas along with 12 non-entitlement cities within the county (the County Consortium). County ESG grant sub-recipients are required to coordinate with and report their homeless services data to the Homeless Management Information System (HMIS) for use by the County’s OHS and its COC. The HMIS maintains exceptions for victim service providers as set forth under 24 CFR 576.400(d).

Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

In 2023, the City solicited applications for ESG funds through a Notice of Available Funds (NOFA) process.

Funds were awarded to the Water of Life Church to deliver homelessness prevention and rapid rehousing services.
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If the jurisdiction is unable to meet the homeless partic ipation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

As part of the process of making sub-awards, the City included a formerly homeless person on the Evaluation Committee to assist in reviewing applications and making funding recommendations.

Describe performance standards for evaluating ESG.

The City and the COC will continue to work together to develop performance standards that provide a measure to evaluate each ESG subrecipients effectiveness, such as how well the service provider succeeded at (1) targeting those who need the assistance most; (2) reducing the number of people living on the streets or emergency shelters; (3) shortening the time people spend homeless; and (4) reducing each program participant’s housing barriers or housing stability risks. These performance standards will be incorporated into the City’s Subrecipient Agreement, and to the extent possible, will be tracked and measured in HMIS.

Current Performance Standards for the ESG grant are shown in the attached table labeled “ESG Performance Standards.” As previous performance accounting was based upon the Homeless Prevention and Rapid-Re-Housing (HPRP) program, which operated under a different set of regulations, these performance standards will be refined as the program progresses.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2857 Agenda Date: 3/26/2024
Agenda #: C. Category: Public Hearing
FROM:

City Clerk
SUBJECT:

Proposal for Mandating Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests and Implementation of a Campaign Sign Deposit RECOMMENDATION:

2. Adopt Resolution No. 2024-012, adopting a refundable campaign sign deposit.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by improving services through the effective use of technology.
· To improve public safety by increasing operational efficiency, visibility, and availability. · To increase citizen involvement by utilizing technology to promote communication and linkages in the community.
· To practice sound fiscal management by producing timely and accurate financial information.

DISCUSSION:

Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interest:

On February 8, 2022, the City Council adopted Ordinance 1878 amending Chapter 7 of the Fontana Municipal Code adding Article III related to electronic and paperless filing of statutory Fair Political Practices Commission (FPPC) economic and financial disclosure statements by elected officials, candidates, or committees. Upon adoption of Ordinance 1878, the City Council approved an opt- in/opt-out option for electronic filing which allows for the submission of paper filings. Manual submissions of economic and financial disclosure statements can be inefficient, error-prone, and resource-intensive with staff having to manually redact and upload statements to the City’swebsite in accordance with Assembly Bill 2151 which mandates that all campaign reports and statements filed in paper format be made available online on the local agency’swebsite within 72 hours after the filing City of Fontana Printed on 3/25/2024Page 1 of 3
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deadline.

In addition to increased efficiency, mandating electronic filing will eliminate the need for wet signatures, will redact statements posted online, and will automatically link to the FPPC’ssystem. If approved, all filers will be required to submit their statutory filings through the automated system, and paper filings will no longer be accepted. However, to support the City’sefforts towards diversity, equity and inclusion, the Deputy City Clerk, as the City’sfiling officer, will have the right to accept a paper filing in lieu of electronic filing at the Deputy City Clerk’sdiscretion and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection.

The City Clerk’sOffice currently uses NetFile, a hosted solution created specifically for cities and counties responsible for administering campaign finance filings and statements of economic interest, which meets the requirements of the Secretary of State and allows for electronic and paperless filing of campaign statements. NetFile is widely used by other agencies in the region and throughout California. The NetFile system operates securely and effectively at no cost to filers. It does not place an undue burden on filers and includes procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury. It is also available to the public to view filings.

For the City of Fontana to mandate electronic filing of statements, the City Council must amend Chapter 7, Article III of the Fontana Municipal Code. Mandating electronic filing of economic and financial disclosure statements offers a comprehensive set of benefits that promote transparency, accuracy, efficiency, and accessibility in electoral finance reporting, ultimately strengthening the integrity of democratic processes.

Adoption of a Campaign Sign Deposit:

Implementation of a campaign sign deposit requirement will help mitigate visual clutter in public spaces during election periods, contributing to a more orderly, aesthetically pleasing, and pedestrian- friendly environment.

Adoption of a campaign sign deposit has been identified as a measure to ensure accountability among candidates and reimburses the City for costs associated with removing non-compliant campaign signs. It is recommended that the City Council adopt a campaign sign deposit of $1,000.00 to offset the costs associated with removing non-compliant campaign signs that would be applicable to all candidates participating in local elections.

Setting a reasonable deposit amount is aimed at discouraging excessive or indiscriminate placement of campaign signs while remaining accessible to candidates from diverse socioeconomic backgrounds. It also allows for the City to recoup costs for staff time to remove the improper signs.

Additionally, clear guidelines regarding the submission, refund, or forfeiture of campaign sign deposits, including provisions for enforcement and dispute resolution will be established upon adoption of the deposit.

A Notice of Public Hearing was published on March 15, 2024, and March 22, 2024, in the Herald News newspaper noticing the March 26, 2024, Public Hearing.

Approval of this report and adoption of the attached Resolution will provide for all fees herein to be City of Fontana Printed on 3/25/2024Page 2 of 3
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Agenda #: C. Category: Public Hearing
Approval of this report and adoption of the attached Resolution will provide for all fees herein to be effective as of March 26, 2024.

FISCAL IMPACT:

Mandating electronic filing of economic and financial disclosure statements can result in a significant cost savings by eliminating the need for paper forms, printing, postage, and manual data entry while increasing the overall efficiency of campaign finance reporting. Additionally, funding for Netfile’s services is included in the Fiscal Year 2023/2024 City Clerk’sOperating Budget in the General Fund #101, budget unit 10122000.

Implementing a campaign sign deposit is intended to cover the costs associated with the removal of non-compliant signs along with managing the deposit system.

MOTION:

Approve staff recommendation.

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Fontana City CouncilMarch 26, 2024

Fontana City Council
March 26, 2024