Agenda packet — Fontana City Council, September 10, 2024 (part 2 of 3)

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2024 through June 30, 2025.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least eight (8) Minor Decoy operations.

2. Conduct at least six (6) Shoulder tap operations, including the Statewide Shoulder tap operation.

3. Conduct at least ten (10) IMPACT operations.
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4. Conduct at least two (2) Task Force operations with ABC, County Fire, Code Compliance and City Planning.

5. Conduct at least one (1) General Enforcement operation focusing on identified locations via calls for service, to combat Drunk in Public, Sales to O.I’, beer runs and loitering violations, draining patrol resources.

6. Conduct at least three (3) Roll Call trainings to include ABC law update and include TRACE protocol training.

7. Conduct at least four (4) flyer mailings promoting Online LEAD classes.

8. Provide press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

9. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Fontana Police Department
Heather Howard, Community Policing Tech.
17005 Upland Avenue
Fontana, CA 92335
(909) 356-7107
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all fiscal inquiries to:

Fontana Police Department
Leona Kwan, Sr. Administrative Analyst
17005 Upland Avenue
Fontana, CA 92335
(909) 356-7169
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (24-APP13) and must not exceed the contract total authorized amount of $23,601.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2024.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2024 and on or before the project termination date, June 30, 2025. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
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II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Corporal ($92.00/hourly) $7,360.00
Officer ($81.00/hourly) $11,490.00
Benefits – 1.45% $271.00
TOTAL Personnel $19,121.00
B. Operating Expenses (receipts required)
Decoy Meals (must be at state rate) $420.00
TOTAL Operating $420.00
C. Equipment (receipts required, must be purchased by 12/31) Backpack $60.00
Binoculars $1,000.00
TOTAL Equipment $1,060.00
D. Travel Costs
Registration, lodging, per diem $3,000.00
TOTAL Travel $3,000.00
GRANT TOTAL $23,601.00
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III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole orin part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState.
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9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. 357
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a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and becomeeffective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 358
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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.

Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2024, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3223 Agenda Date: 9/10/2024
Agenda #: J. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Authorization to Apply for 2024 Healthy Homes Production Grant Program RECOMMENDATION:

1. Authorize the Fontana Housing Department to apply for the 2024 U.S. Department of Housing and Urban Development Healthy Homes Production Grant Program (HHP).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the Healthy Homes Production Grant Program (HHP).

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The U.S. Department of Housing and Urban Development (HUD) released a Notice of Funding Opportunity (NOFO) Healthy Homes Production Grant Program (HHP) on July 18, 2024 making over $40 million dollars available to eligible applicants.

The HHP Grant program takes a comprehensive approach to addressing multiple childhood diseases and injuries in the home by focusing on housing-related hazards in a coordinated fashion in eligible privately-owned rental or owner-occupied housing units. This program targets those units occupied by the most vulnerable residents: families with children, older adults sixty-two (62) years and older, or families with persons with disabilities.

The City would utilize the four-year grant program funds as follows:
· Qualified housing units must be located within the City of Fontana · Targeted homes will be those units where families with children, older adults sixty-two (62) years and older, or families with persons with disabilities reside · Outreach and education that helps promote program participation and further the goal of protecting children and other vulnerable populations from housing-related health hazards · Renter and owner-Occupied units must have a combined household income of not more than 80% of median income (“lower” income), adjusted for family size. · Household health hazard identification, remediation and/or repair · Assistance will be provided in the form of a grant to eligible units City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3223 Agenda Date: 9/10/2024
Agenda #: J. Category: Consent Calendar
· Program Administration
The City of Fontana will be requesting $1.5 million in program assistance from HUD.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in Healthy Homes Production Grant Program funds in the amount of $1.5 million. The required budget adjustments will be included in the first available quarterly budget report after grant award in Fund 301 if received.

MOTION:

Approve Staff Recommendation.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3227 Agenda Date: 9/10/2024
Agenda #: K. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Authorize examination of sales and use tax records
RECOMMENDATION:

Adopt Resolution No. 2024-102, authorizing access to sales and use tax records.

COUNCIL GOALS:
· Practice sound fiscal management by producing timely and accurate financial information.

DISCUSSION:

Pursuant to Ordinance 78, the City of Fontana entered into a contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and collection of local sales and use taxes. The representatives from the City that are currently authorized to examine confidential sales and use tax records pursuant to that contract are the Management Services Director, the Senior Internal Auditor, and The HDL Companies. As the position of Senior Internal Auditor no longer exists, the title of Management Services Director has been changed, and the entity doing business as The HDL Companies has had a title change, the proposed resolution will authorize the Chief Financial Officer, the Deputy Chief Financial Officer, Revenue Operations Manager, and Hinderliter de Llamas & Associates dba HDL Companies as representatives authorized to examine the records.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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RESOLUTION NO. 2024-102

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA AUTHORIZING EXAMINATION OF SALES AND USE TAX

RECORDS
WHEREAS, pursuant to Ordinance Number 78, the City of Fontana (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, the City Council of the City of Fontana deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales and use tax records of the Department pertaining to sales and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Fontana, California as follows:

Section 1. That the Chief Financial Officer, Deputy Chief Financial Officer, Revenue Operations Manager or other officer or employee of the City designated in writing by the Chief Financial Officer to the California Department of Tax and Fee Administration (hereafter referred to as Department) is hereby appointed to represent the City with authority to examine sales and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract and for purposes related to the following governmental functions of the City:
a) Determination that businesses within the City of Fontana are remitting sales and use tax pursuant to the State Code.
b) Performing various “Trend Analysis” such as revenue and budget forecasting as well as fiscal modeling, planning and impact studies.
c) Determination that businesses within the City are licensed under the City’s Business Tax Code.

Section 3. That Hinderliter de Llamas & Associates dba HDL Companies is hereby designated to examine the sales or transactions and use tax records of the Department 365

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pertaining to sales and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and Hinderliter de Llamas & Associates dba HDL Companies:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to an officer of the City who is authorized (under Section 7056 of the California Revenue and Taxation Code) to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired.

NOW, THEREFORE BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

Section 5. This resolution supersedes Resolutions 2000-80 and 2009-94.

APPROVED AND ADOPTED this 10th day of September 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 10th day of September, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
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City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
367
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3229 Agenda Date: 9/10/2024
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Security Substitution for Tract No. 16897, located south of Miller Avenue and west of Lime Avenue, for 5A Holdings, LLC.

RECOMMENDATION:

Approve security substitution for infrastructure improvements of Tract No. 16897 and authorize the City Manager to enter into a Subdivision Improvement Agreement with 5A Holdings, LLC for construction of infrastructure improvements.

DISCUSSION:

Tentative Tract No. 16897 was approved by Planning Commission on June 18, 2019. The final tract map for Tract No. 16897 was recorded on September 1, 2022. As a requirement of the project, the developer was conditioned to build infrastructure improvements of Tract No. 16897 located south of Miller Avenue and west of Lime Avenue.

Bayrich Development USA, LLC posted a Subdivision Improvement Agreement and Securities for infrastructure improvements on August 11, 2022. Recently, 5A Holdings, LLC purchased the development from Bayrich Development USA, LLC and has posted a Subdivision Improvement Agreement and Securities in the amount of $1,030,244.00 to complete the required infrastructure improvements. Therefore, this action will allow the securities from 5A Holdings, LLC to replace securities from Bayrich Development USA, LLC, which will be released. The requirements for the development of the subdivision have not changed.

FISCAL IMPACT:

There is no fiscal impact following the approval of this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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370
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378

STREET IMPROVEMENTS

ITEM UNIT COST AMOUNT
6" CURB & GUTTER L.F. $ 17.00 $
8" CURB & GUTTER L.F. $ 19.00 $
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK S.F. $ 7.00 $
ACCESS RAMP EA $ 5,000.00 $
DRIVE WAY APPROACHES S.F. $ 11.00 $
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. $ 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE S.F. $ 0.50 $
* A.C. TON $ 150.00 $
* A.C. OVERLAY (2'' THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) L.F. $ 16.00 $
ADJUST SEWER MANHOLE TO GRADE EA $ 500.00 $
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00 $
ADJUST WATER VALVES TO GRADE EA $ 250.00 $
BARRICADES L.F. $ 40.00 $
2 X 4 REDWOOD HEADER L.F. $ 5.00 $
* REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $
** REMOVAL OF P.C.C. CURB L.F. $ 6.00 $
* REMOVAL OF A.C. BERM L.F. $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS L.F. $ 40.00 $
BLOCK WALL H=6 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. $ 3.50 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $
EA $
EA $
EA $
EA $
$
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
PROJECT NAME ____________________________
TRACT / PARCEL MAP NO. ___________________
ADDRESS __________________________________
_________________________________________

STREET IMPROVEMENT SUBTOTAL

CITY OF FONTANA

DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"

QUANTITY UNIT
DATE ____________________________________
ENGINEER ______________________________
DEVELOPER ______________________________
PHONE NO. ______________________________

STAFF USE ONLY
RECORD NO.: _____________
Rev. 2/5/24 NQ/RG Page 5 of 8
06/12/2024
AlphaX RE Capital
Miller Avenue
Zhi Chow, PE
16897
1,091
9,572
(213) 532-8095
660 South Figueroa Street,
Suite 2050, Los Angeles, CA 90017
18,547
67,004
3 15,000
2,277 25,047
996 149,400
670 3,350
963 3,371
140 21,000
367,686
850
33,934
4 995
16,150
16,967
2,000
29,850
ELPC19-000037

CITY OF FONTANA

ENGINEERING

PRELIMINARILY APPROVED

BY DATE

CONSTRUCTION APPROVED

CORRECTIONS

FINAL APPROVED

FOR INFORMATION ONLY
✔
rgaray 7/11/2024
379

STORM DRAIN IMPROVEMENTS

ITEM UNIT COST AMOUNT
* 18" RCP L.F. $ 90.00 $
* 24" RCP L.F. $ 110.00 $
* 30" RCP L.F. $ 250.00 $
* 36" RCP L.F. $ 250.00 $
* 42" RCP L.F. $ 250.00 $
* 48" RCP L.F. $ 260.00 $
* 54" RCP L.F. $ 280.00 $
* 60" RCP L.F. $ 300.00 $
* 66" RCP L.F. $ 320.00 $
* 78" RCP L.F. $ 340.00 $
* 24" CMP L.F. $ 90.00 $
* 60'' CMP L.F. $ 320.00 $
CATCH BASIN/CURB INLET:

W=7 EA $ 4,000.00 $
W=10 EA $ 4,500.00 $
W=14 EA $ 6,000.00 $
W=21 EA $ 11,000.00 $
W=28 EA $ 14,000.00 $
JUNCTION STRUCTURE EA $ 3,200.00 $
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00 $
DISCHARGE STRUCTURE EA $ 2,800.00 $
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION EA $ 1,250.00 $
GRATE INLET STRUCTURE EA $ 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE

SANITARY SEWER IMPROVEMENTS

ITEM UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00 $
DROP MAN HOLES EA $ 4,500.00 $
WYES EA $ 100.00 $
CLEANOUTS EA $ 600.00 $
REMODELING OF EXISTING MANHOLE EA $ 950.00 $
** 4" VCP L.F. $ 50.00 $
** 6" VCP L.F. $ 60.00 $
** 8" VCP L.F. $ 70.00 $
** 10" VCP L.F. $ 80.00 $
** 12'' VCP L.F. $ 90.00 $
** 15'' VCP L.F. $ 100.00 $
L.F. $ $
L.F. $ $
L.F. $ $
L.F. $ $
$
** VITRIFIED CLAY PIPE

QUANTITY UNIT
UNIT

STORM DRAIN IMPROVEMENT SUBTOTAL

SANITARY SEWER IMPROVEMENT SUBTOTAL

QUANTITY
1 4,000
1 2,800
1 1,250
13,580
3 12,000
18 10,800
498 34,860
86,460
35 3,150
12" RCP
12" RCP Risers
Rip-Rap
24 LF 70.00
2 1
250.00
200.00
1,680
500
200
18 1,800
540 27,000
380

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00 $
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) L.F. $ 2.40 $
PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50 $
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

ITEM UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00 $
CENTER MEDIAN S.F. $ 12.00 $
$
SUBTOTALS:
$
$
$
$
IMPROVEME IMPROVEME NT SUBTOTAL NT SUBTOTAL $
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
$
$
$
$
$
$
C.F.D. LANDSCAPE IMPROVEMENTS …............................................................................................

CUCAMONGA COUNTY WATER DISTRICT FACILITIES ………................................................

ADD 35% …...........................................

QUANTITY UNIT
IMPROVEMENT SUBTOTAL ….........

BONDING TOTAL ……......................

STORM DRAIN IMPROVEMENTS SUBTOTAL .................................................................................

STREET IMPROVEMENTS SUBTOTAL …..........................................................................................

SANITARY SEWER IMPROVEMENTS SUBTOTAL ..….........................................…......................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ……....................................................................

UNIT
STREET LIGHTS ___________ @ $5,000.00 ….....................................................................................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL

LANDSCAPING IMPROVEMENTS SUBTOTAL

QUANTITY
Rev. 2/5/24 NQ/RG Page 7 of 8
1,941 4,658
4,658
13,580
4,658
472,384
30,000
763,144
267,100
1,030,244
6 367,686
86,460
21,730 260,760
260,760
260,760

CITY OF FONTANA

ENGINEERING

PRELIMINARILY APPROVED

BY DATE

CONSTRUCTION APPROVED

CORRECTIONS

FINAL APPROVED

FOR INFORMATION ONLY
✔
rgaray 7/11/2024
381
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMPROVEMENT DRAWING NO. ________________________________________________________________ STORM DRAIN IMPROVEMENT DRAWING NO. _________________________________ TRAFFIC SIGNAL DRAWING NO. _______________________________________________ SIGNING & STRIPING DRAWING NO. ________________________________________________ INTERCONNECT DRAWING NO. _________________________________________________ C.F.D. LANDSCAPE DRAWING NO. ______________________________________________ SEWER IMPROVEMENT DRAWING NO. _________________________________________ STREET LIGHT DRAWING NO. ________________________________________________ Rev. 2/5/24 NQ/RG Page 8 of 8
6026
6026LT
6027
6028
06/26/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3230 Agenda Date: 9/10/2024
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Security Substitution for Tract No. 20382, located south of Foothill Boulevard and west of Banana Avenue, for Serena Village 206 Owner, LLC.

RECOMMENDATION:

Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.

DISCUSSION:

Tentative Tract No. 20382, located south of Foothill Boulevard and west of Banana Avenue, was approved by Planning Commission on September 21, 2021. The final tract map for Tract No. 20382 was recorded on October 19, 2022. As a requirement of the project, the developer was conditioned to build the infrastructure improvements to support the development of Tract No. 20382. Inland Senior Development, LLC posted a Subdivision Improvement Agreement and Securities for infrastructure improvements on September 29, 2022. Recently, Serena Village 206 Owner, LLC purchased the development from Inland Senior Development, LLC and has posted a Subdivision Improvement Agreement and Securities in the amount of $49,536.63 to complete the required infrastructure improvements. Therefore, this action will allow the securities from Serena Village 206 Owner, LLC to replace securities from Inland Senior Development, LLC, which will be released. The requirements for the development of the subdivision have not changed.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3232 Agenda Date: 9/10/2024
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of $90,000 and an amended Task Order total of $180,000 for additional plan check, map check, and WQMP review services.

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 1 with NV5, Inc.

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

DISCUSSION:

On June 25, 2024, 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 NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to the high volume of plan review requests, an amendment in the amount of $90,000 is requested to the existing task order of $90,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $90,000 and is included in the 2024-25 budget in the General Fund (Fund 101), in accounts 10137404-8116 in the amount of $30,000, 10137404-8130 in the amount of $30,000, and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $30,000.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 9/4/2024
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STANDARD TASK ORDER FORM
RVPUB\PKNOX\729481.1 (v8/22)
Consultant:

Date:

Proposal Bid No.:

Task Order #:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Estimated Start Date:

Estimated End Date
Dollar Amount of Task Order: Not to exceed $
Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s) Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA NV5, Inc.

DE-24-195-SQ
Plan Checking Services, Map Checking
Services, and WQMP Review
06/30/2025
08/01/2024
10137404.8116
90,000.00
To provide On-Call Plan Checking Services, Map Checking and WQMP review for Fiscal Year 2025.
12537401.8130
7/01/2024
1 DE-24-195-SQ
437 805
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v8/22)

CITY OF FONTANA
By:

City Manager
(Required if Over $50,000)
By:

By:

Deputy City Manager
Attest: 1
By:

By:

Department of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Finance

Purchasing Office

1 Attestation of Consultant’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.

Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA NV5, Inc.

DE-24-195-SQ
438 806

PRICING PROPOSAL

LAND DEVELOPMENT IMPROVEMENT PLAN CHECK
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

ENGINEERING SERVICES HOURLY RATE**
Principal $280
Project Director $240
Project Manager $230
Quality Assurance Manager $210
Senior Traffic Engineer $230
Traffic Engineer $190
Senior Structural Engineer $215
Structural Engineer $190
Plan Check Engineer III $190
Plan Check Engineer II $165
Plan Check Engineer I $140
Senior Engineer $170
Engineer $155
Senior Project Engineer $185
Project Engineer $150
Assistant Engineer $128
Senior Designer $148
Designer $128
CADD Technician $108
Administration $98
SURVEY PROFESSIONAL SERVICES HOURLY RATE**
Junior Engineer/Planner/Scientist/Surveyor $132
Assistant Engineer/Planner/Scientist/Surveyor $150
Associate Engineer/Planner/Scientist/Surveyor $170
Senior Engineer/Planner/Scientist/Surveyor $185
Manager $240
Associate $250
Principal $270
GEOTECHNICAL PROFESSIONAL SERVICES HOURLY RATE**
Senior Principal Engineer/Geologist $245
Principal Engineer/Geologist $225
Associate Engineer/Geologist $205
Senior Engineer/Geologist $185
City of Fontana | On-Call Engineering Services NV5 | 37 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 439 807

PRICING PROPOSAL
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

Senior Staff Engineer/Geologist $155
Staff Engineer/Geologist $135
Project Engineer/Geologist $155
Senior CQA Manager $170
CQA Manager $150
Field Supervisor $150
Administration Staff $75

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Delivery, Freight, Courier Cost
Agency Fees Cost
** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

LAND DEVELOPMENT IMPROVEMENT PLAN CHECK
City of Fontana | On-Call Engineering Services NV5 | 38 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 440 808

PRICING PROPOSAL

LAND DEVELOPMENT MAP CHECK
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

SURVEY PROFESSIONAL SERVICES HOURLY RATE**
Junior Engineer/Planner/Scientist/Surveyor $132
Assistant Engineer/Planner/Scientist/Surveyor $150
Associate Engineer/Planner/Scientist/Surveyor $170
Senior Engineer/Planner/Scientist/Surveyor $185
Manager $240
Associate $250
Principal $270

City of Fontana | On-Call Engineering Services NV5 | 39 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 441 809

PRICING PROPOSAL

LAND DEVELOPMENT DRAINAGE STUDY AND SEWER AREA STUDY REVIEW Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

City of Fontana | On-Call Engineering Services NV5 | 40 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 442 810
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3237 Agenda Date: 9/10/2024
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to the Professional Services Agreement for Architectural Design Services of the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) RECOMMENDATION:

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract amount of $1,189,490.00.

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00.

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase II (City Hall).

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

DISCUSSION:

The City Hall Renovation Project - Phase II (City Hall) is a proposed project to be constructed in place of the existing City Hall Building located at 8353 Sierra Avenue, Fontana, CA 92335 (Reference Exhibit “A” Vicinity Map) and shall consist of demolishing the existing one-story building and constructing a two-story municipal building occupying a building footprint of approximately 35,000 square feet. The first tier will consist of parking spaces, a City Council chamber of approximately 3,500 square feet, public access services space and office space; with some of the first floor containing volume ceiling and the second floor solely comprised as office spaces. The intent of the building is to serve as office space for City staff, provide public and employee parking on the Civic Campus, and serve as the primary public interface for residents and businesses within the City.

A Request for Proposal (RFP) was issued for Design Services for City Hall Renovation Project Phase II in March of 2024. The City received sixteen (16) proposals and the evaluation committee recommended Sillman Wright Architects of Temecula, CA as the overall best value on the criteria City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3237 Agenda Date: 9/10/2024
Agenda #: O. Category: Consent Calendar
outlined in the RFP. The proposals ranged from $1.1 million to $3.5 million dollars for all the phases.

The City has decided to move to the next phase of the project, Schematic Plan, Design Development, and 50% Working Drawings and Specifications to the scope of work. In July 2024, Sillman Wright Architects requested Professional Services Agreement Amendment No. 1 to include the additional scope to their contract. After fee negotiation, Sillman Wright Architects and City staff agreed to the amendment amount at $1,090,490.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,090,490.00 for the full term of the agreement. Of the total, $1,090,490.00 is included in the 2024-2025 budget in project 37600012-601 -A-8112, Fund 601- Capital Reinvestment.

MOTION:

Approve staff recommendation.

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PROJECT LOCATION

CITY HALL RENOVATION PROJECT

PHASE II (CITY HALL)
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16498.00150\32127016.1
AMENDMENT NO. 1

TO THE DESIGN SERVICES AGREEMENT
DE-24-147-SP

BETWEEN

THE CITY OF FONTANA
AND

SILLMAN WRIGHT ARCHITECTS

1. Parties and Date.

This Amendment No. 1 to the Design Services Agreement DE-24-147-SP is made and entered into as of this 11th day of September. 2024, by and between the City of Fontana (“City”) and Sillman Wright Architects, a Corporation with its principal place of business at 31045 Temecula Parkway, Suite 202, Temecula, California 92592 (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement” dated July 25, 2024 (“Agreement”) for the purpose of retaining the services of Consultant to provide Architectural Design services.

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services and increase the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

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

3.2 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows:

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in 446

Page 2 of 3 ends

16498.00150\32127016.1
accordance with the Schedule of Charges set forth in Exhibit “B”. b. Amendment No. 1 is authorized in the amount of $1,090,490.00. In no event, shall the total amount paid for services by Consultant under this Agreement exceed the sum of $1,189,490.00. This amount is to cover all printing related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
447

Page 3 of 3 ends

16498.00150\32127016.1

SIGNATURE PAGE TO
AMENDMENT NO. 1

DESIGN SERVICES AGREEMENT

CITY OF FONTANA
By: ___
Matthew C. Ballantyne
City Manager

SILLMAN WRIGHT ARCHITECTS
By: ______________________________
Brett Tullis
Principal
Attest:

By: ___________________________
Germaine McClellan Key
City Clerk
By: ___________________________
Phillip Burum
Deputy City Manager
Approved as to form:
_________________________________
Best Best & Krieger LLP
City Attorney
By: ___________________________
Gia Kim
Director of Engineering / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES Jessica Brown
Chief Financial Officer
Sid Lambert
Purchasing Office
448
13 16498.00150\32126437.1

EXHIBIT A
Scope of Services
449

5. Work Plan
450

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 Trust, open communication, clear project goals, and
experienced planning is the SILLMAN Experience for
creating a great design for the City that is constructible, maximizes project value within budget and schedule,
while also respecting the community values.

We work collaboratively to garner and include City and
User Group input, in order to facilitate discussions about any possible schedule impacts from revisions or changes.

SCOPE OF WORK & DELIVERABLES
We have identified the following deliverables that will allow for a successful project outcome and fulfill all
objectives for the new City Hall:
• Initial Planning
• Schematic Design
• Design Development
• Final Working Documents
• Construction Contract Documents / Permitting
• Bidding
• Construction Administration
• Project Closeout (As-built Drawings / Warranty
Phase)
⊲ INITIAL PLANNING, SCHEMATIC DESIGN, &

ENTITLEMENTS
The Programming and Schematic Design Phase is the
research and collaborative decision-making stage, where we will work closely and collaborate with the City and
its User Groups to define and confirm the new facility’s Programming, Project Criteria, and Schematic Design.

During this stage we will begin to ensure that the
building obtains proper entitlements and approvals
so that there will be no delay during construction. The outcome allows us to:
• Confirm Project Goals
• Understand the Exact Scope of Work
• Prepare Block Plans & Space Plans
• Develop the Project Schedule
• Develop the Project Budget
⊲ BUILDING EARLY STAKEHOLDER CONSENSUS
In order to design a City Hall which meets the City’s
current and future needs, program verification with all User Groups is vital in building consensus.

We will meet with the City and all other relevant
User Groups to identify and test the viability of several creative project solutions to maximize value, while also meeting the program, schedule, and budget, in order to
solidify a (Conceptual) Schematic Design that exceeds
expectations. We would propose a multi-day Partnering
Workshop for all User Groups to discuss relevant issues, explore ideas, opportunities, and find creative solutions.

Taking place over 2-3 days (virtually or in-person), these Partnering Workshops are focused on:
• Consensus Driven Goals & Fostering Mutual Trust
• Collaboration is the key to our success - open &
honest partnering is essential
• Every Voice Matters: Even with multiple User
Groups, it is important each perspective is heard
• Measuring Wants vs Needs against project goals,
we develop the design based on the most important
items, which fit within the budget & schedule
During this time, we will also coordinate with the
City to address the following items to ensure we are
designing a customized City Hall facility which actually functions as intended:
• Adjacencies & Functionality
• Floorplans, Layouts, Fixtures & Equipment
• Constructability
• Systems Confirmation
• Americans with Disabilities (ADA) Requirements
• Life-Cycle Performance & Minimizing Energy Costs
• Meeting Code Compliance
• Public Agencies & Utility Permit Processing
• Target Value Cost Estimating: Reduce Waste & Add Value • Schedule Confirmation: Identify Long Lead Time Items
• Potential Cost-Saving Alternatives & Options

PROJECT APPROACH

SCOPE OF WORK & DELIVERABLES
451

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ ROBUST QA/QC PROGRAM
Throughout the Design and Construction Phases, a
rigorous QA/QC Program featuring a Design Quality
Control Plan will be implemented by a designated
Design Quality Assurance Manager to ensure the
quality of product and deliverables meets or exceeds
the City’s expectations and goals.

During the Construction Documents Phase, we use
our 3-D BIM capabilities to work at a collaborative
level with the User Groups in defining and developing
all systems, finishes and project parameters for
consideration and approval. These realistic 3-D models
will allow for streamlined decision making and will also help facilitate discussion with the City on any updates, revisions, or potential changes throughout the design
and construction process.
⊲ DEMOLITION PLANS
We will prepare demolition plans and all relevant
public bid documents for the project to include onsite, offsite, WQMP, landscape, in compliance with the City’s landscape ordinance.
⊲ PERMITTING
During the Construction Documents phase, we will
meet with the any and all Authorities Having Jurisdiction (AHJ) to identify, address, and incorporate issues, which will be documented in meeting minutes and distributed.

As part of Permit Processing, issues will be identified and resolved with the City’s involvement and Final
Construction Documents will be issued for construction. ⊲ BIDDING
Our Team will support the City during the Bidding
Process to ensure that the bids received are accurate
and equitable.
⊲ CONSTRUCTION SUPPORT SERVICES
We are committed to supporting the City and the
Contractor throughout the Construction Phase. We will
attend regular site visits and will collaborate with the City and the Contractor to limit revisions by ensuring
that the approved Permit documents are followed.

Successful Project Closeout starts at the beginning
of construction; therefore, our approach to Project
Closeout is proactive and ensures the project is
successfully closed through public contract code,
protecting client interest all relevant public agencies and utility companies. Our team will continue to provide advice to the City during the Warranty Period.

We strongly believe that a good program with clear
project goals leads to a strong design concept, which
are the critical ingredients for the success of this project. ⊲ BUILD IT BEFORE YOU BUILD IT
In order to help the City and its User Groups easily
visualize our proposed designs and ensure everyone
is getting the facility they’ve imagined, our Design
Team will utilize 3-D Building Information Modeling
(BIM) technologies, including Revit and Lumion, starting in Conceptual & Schematic Design and continually
evolving until design is complete.

Before the first shovel is put into the ground, our Design Team will provide the City with detailed 3-D computer
models that will accurately represent all aspects of the proposed facility design.

These realistic 3-D models will allow for streamlined
decision making and will also help facilitate discussion with Access on any updates, revisions, or potential
changes throughout the design and construction
process – keeping the project on schedule and budget.
⊲ DESIGN DEVELOPMENT & CONSTRUCTION

DOCUMENTS
Once the Programming and Schematic Design items
are addressed and incorporated, we will focus on
producing the Construction Documents.

Internal weekly meetings will be held to work together
to resolve issues and confirm project schedule and
budget. The City Review Meetings will be held at
major milestones, including 30%, 50%, and 100%
completion of Construction Documents to review and
discuss the progress.
452

5. Work Plan
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 ⊲ OPEN COMMUNICATION
Trust, open communication, clear project goals, and
experienced planning are key to creating a stellar design that is constructible and maximizes project value within the budget and established schedule.

We believe ongoing collaboration and communication
are essential for understanding issues and finding
solutions that lead to project success.
⊲ COMMITTED TO THE CITY’S VISION
We understand the City’s Vision of a modern flexible
facility that will be a cornerstone of the Civic Campus.

This iconic project will set the tone for the City’s future, establishing a higher standard of construction in Fontana and ushering in a feeling of renewal and growth.

The facility will elevate the office environment for the elected officials and City executives, providing a new
vision for what is possible. We will meet the City’s
Project Goals by ensuring all voices are heard through
close collaboration and ongoing User Group input.
⊲ SUSTAINABILITY
We share the City Council’s goal of preserving the
local environment and promoting a healthy economic
and environmental future through sustainable design
principles, passive design strategies, and reduction of carbon footprint in construction.

With 30+ successful LEED and Zero Net Energy
Projects completed by our firm we have the know-how
and the drive to contribute to the City’s goal of becoming the most environmentally conscious city in California.

UNDERSTANDING OF ISSUES & SOLUTIONS
⊲ START WITH CLEAR GOALS
Establishing clear project goals and values is vital to ensure we are designing to the project budget. Once
goals are finalized, they act as a road map to effective decision-making with the City and User Groups to
identify the most important project elements that will
also fit within the established budget and schedule.
⊲ STAY ON BUDGET & MAXIMIZE VALUE
We have an inclusive and collaborative approach
to managing and controlling the project cost, while
utilizing practical design solutions to adapt to the
realities of budget constraints. Our Team will explore
a variety of options for structural; mechanical; building massing; building systems; program; reducing
redundancies and maximizing value.
⊲ PROACTIVE WITH PUBLIC AGENCIES &

UTILITY AGENCIES
SILLMAN has successfully completed dozens of
projects in San Bernardino County which have taught
us to be proactive and meet with the Public & Utility
agencies and other Authorities Having Jurisdiction
(AHJs) as early as possible in the project timeline.

We will reach out and meet with all relevant AHJs,
like the City of Fontana, Southern California Edison,
SoCalGas, Fontana and the Fire Protection District,
which eliminates expensive design changes down the
line due to non-compliant design.
⊲ MAINTAINING SCHEDULE
It is likely that there will be revisions due to code,
constructability, function, or program goals. Our goal
is to work with the City to make design revisions in a
way that minimizes the impact on budget and schedule.

Our experienced Design Team is skilled at discovering
opportunities to save money to allow for potential
revisions in the agreed upon timeframe.
⊲ DESIGN-BID-BUILD EXPERTS
With hundreds of successful Design-Bid-Build
projects under our belt, we understand that making
sure the project is delivered within the established
budget is a top priority. We will provide accurate cost estimates that show the up-to-date costs for materials
and account for recent inflation before and during the
bid phase. We have found through experience that
maintaining early order of long lead time items helps to ensure that the budget and schedule remain on track.

UNDERSTANDING OF ISSUES & SOLUTIONS
453

6. Schedule
454

6. Schedule
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | MARCH 7, 2024 Months M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S Mont Initial Planning Phase 1 1.0 1
Schematic Design Phase 2 1.0 1.0 2
Design Development Phase 3 1.0 1.0 1.0 3
Final Working Documents Phase 3 1.0 1.0 1.0 3
Construction Contract Documents 1 1.0 1
Bid Phase 2 1.0 1.0 2
DESIGN & BID TOTAL 12 0
Construction Phase 16 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 16 As-Built Drawings 1 1.0
CONSTRUCTION TOTAL 17 0
3/7/2024
Conceptual Schedule

SILLMAN
Fontana City Hall Renovation Phase II (City Hall)
Phase 2024 2025 2026 2027
Months M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S Mont Initial Planning Phase 1 1.0 1
Schematic Design Phase 2 1.0 1.0 2
Design Development Phase 3 1.0 1.0 1.0 3
Final Working Documents Phase 3 1.0 1.0 1.0 3
Construction Contract Documents 1 1.0 1
Bid Phase 2 1.0 1.0 2
DESIGN & BID TOTAL 12 0
Construction Phase 16 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 16 Warranty Phase is expected to
extend 12 months past
completion of construciton 12 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 CONSTRUCTION TOTAL 28 0
Fontana City Hall Renovation Phase II (City Hall)

SILLMAN
Conceptual Schedule
3/7/2024
Phase 2024 2025 2026 2027
455
14 16498.00150\32126437.1

EXHIBIT B
Schedule of Charges/Payments
Reference is made to Phase II – Schematic Plan, Design Development and 50% Working Drawings and Specifications of the attached Cost Proposal. Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. 456

9. Cost Proposal
SILLMAN | CITY OF FONTANA | CITY HALL - PHASE TWO | RFP: DE-24-147-SP | AUGUST 18, 2024 457
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3240 Agenda Date: 9/10/2024
Agenda #: P. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Adoption of Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.

RECOMMENDATION:

Adopt Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · To create a team by working together to provide stability and consistent policy direction.

DISCUSSION:

During the recent City Council meeting held on July 23, 2024, Resolution No. 2024-061 was passed amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include the new Stage Red Venue.

With the improvements and enclosure of Miller Amphitheater which may host ticketed events, the proposed resolution seeks to add this venue to the existing policy.

FISCAL IMPACT:

There is no fiscal impact from adopting these policy changes.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2024-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING ADMINISTRATIVE POLICY SECTION 20-37, GIFT(S) OF TICKETS AND/OR PASSES.

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

WHEREAS, on March 22, 2011, Administrative Policy Section 20 -37 was adopted to ensure that all tickets and /or passes to attend a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, made available to or for the City, are distributed in furtherance of governmental and /or public purposes as required, under Fair Political Practices Commission (FPPC) Regulation 18944.1.

WHEREAS, the City desires to update its policy to include the Stage Red Venue and Miller Amphitheater.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana, California does hereby amend Administrative Policy Section 20-37, Gifts(s) of Tickets and/or Passes as attached hereto.

APPROVED AND ADOPTED this 10th day of September, 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 thereof, held on the 10th day of September 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
459
Resolution No. 2024-103

Page 2 of 2 ends

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
460
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3241 Agenda Date: 9/10/2024
Agenda #: Q. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve the Designated Subrecipient Agreement with Caltrans for 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.

RECOMMENDATION:

Approve and authorize the City Manager to execute the Designated Subrecipient Agreement and future amendments with Caltrans for 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.

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 street 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 I15/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 grant in the amount of $15,000,000.00. Subsequently, the RAISE grant agreement, which spells out each party’s roles and responsibilities, has been approved by the City Council on March 26, 2024.

The RAISE grant agreement is a “State DOT Agreement”, which means the grant is administered through the State DOT, who is Caltrans in this case. For this type of agreement, a separate City of Fontana Page 1 of 2 Printed on 8/29/2024
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File #: 21-3241 Agenda Date: 9/10/2024
Agenda #: Q. Category: Consent Calendar
Designated Subrecipient Agreement (DSA) needs to be executed between the City and Caltrans prior to Caltrans’ approval of the RAISE grant agreement. The DSA lists general terms and conditions required by Caltrans (recipient) and the City (subrecipient).

The project is currently in the Design and Environmental phase and construction phase is anticipated to begin in late 2025.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item. The agreement only spells out general terms and conditions between Caltrans as a recipient and the City as a subrecipient of the grant.

MOTION:

Approve staff recommendation.

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FY 2022 RAISE Discretionary Grant Program
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Building a Better Connected Inland Empire Project
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FY 2022 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY

AND EQUITY (RAISE) DISCRETIONARY GRANT PROGRAM

RECIPIENT - DESIGNATED SUBRECIPIENT AGREEMENT
This Federal Fiscal Year (FY) 2021-2022 project specific Rebuilding America Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant Program Recipient - Designated Subrecipient Agreement (Agreement) is between the State of California Department of Transportation (Caltrans) Division of Local Assistance (Recipient or Caltrans) and City of Fontana, a municipal corporation organized under the laws of the State of California (Designated Subrecipient), collectively known as “Parties.”

RECITALS
WHEREAS, RAISE Grant funds were provided under the authority of the Infrastructure Investment and Jobs Act, Pub. L. 117-58 (November 15, 2021), and the Consolidated Appropriations Act, 2023, Pub. L. No 117-328 (Dec. 29, 2022) for fiscal year 2023 under the heading “National Infrastructure Investments,” to carry out 49 U.S.C. § 6702; and WHEREAS, on January 14, 2022, the United State Department of Transportation (USDOT) posted a funding opportunity through the Fiscal Year(s) (FY(s)) 2022, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program at Grants.gov, with the funding opportunity title “FY 2022 National Infrastructure Investments” and funding opportunity number DTOS59-22-RA-RAISE; and
WHEREAS, this 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 Program; and
WHEREAS, on or before April 14, 2022, the Designated Subrecipient applied for RAISE Grant funding from the United States Department of Transportation (USDOT) for the Building a Better Connected Inland Empire project (Project), which provides 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; and WHEREAS, the Designated Subrecipient’s application for Project (Grant Application), referenced in section 1 of schedule A of the Grant Agreement under the Fiscal Year 2022 RAISE Grant Program for Project between the USDOT and the Recipient, includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with that form through Grants.gov, and
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WHEREAS, on August 11, 2022, the USDOT announced application selections under the NOFO selecting Project for RAISE Grant funding in the amount of $15,000,000.00 for the Project; .and WHEREAS, in this Agreement, “RAISE Grant” means an award of these funds to Project that were made available through the NOFO; and
WHEREAS, as a condition to receive the RAISE Grant, the USDOT requires the Recipient and the USDOT, to enter into the USDOT Grant Agreement under the Fiscal Year 2022 RAISE Program Project Agreement for the Building a Better Connected Inland Empire (USDOT Agreement) that awards and allocates $15,000,000.00 in RAISE Grant funding for the Project to the Recipient; and
WHEREAS, this Agreement reflects the Recipient decision to subaward the RAISE Grant Project funding to the Designated Subrecipient; and
WHEREAS, this Agreement reflects the Designated Subrecipient decision to receive the Subaward, defined in 2 C.F.R. § 200.1, of the RAISE Grant funding for the purpose of carrying out the Federal award; and
WHEREAS, the Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the RAISE Grant Program; and
WHEREAS, the Federal Highway Administration (Administering Operating Administration) will administer the USDOT Agreement, on behalf of the USDOT; and WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the 2022 Rebuilding American Infrastructure with Sustainability and Equity Program (RAISE Terms and Conditions), dated June 23, 2023, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant funding; and
WHEREAS, the U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 RAISE Grant Program (Exhibits), dated October 18, 2022, is referenced in the RAISE Terms and Conditions and further defines responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant funding; and WHEREAS, the Performance Measurement Guidance for the RAISE Discretionary Grant Program (Performance Measures), updated June 30, 2022, is referenced in this Agreement and used in the USDOT Agreement and the RAISE Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and
WHEREAS, the Parties want the Designated Subrecipient to carry out the Project with the Recipient acting as the “pass-through” entity for purposes of payment of the federal funds to the Designated Subrecipient, per the requirements on pass-through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable; and
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WHEREAS, 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; and WHEREAS, on or about August 9, 2017, the Parties entered into an Administering Agency - State Agreement for Federal-Aid Projects agreement (Master Agreement); and WHEREAS, the Parties, will concurrently enter into this Agreement, which defines specific project responsibilities between the Designated Subrecipient and the Recipient for Project and include specific project responsibilities to USDOT that are necessary for the development and timely delivery of the Project; and
WHEREAS, this Agreement further establishes oversight and delegation of responsibilities between the Recipient and the Designated Subrecipient, outlined in this Agreement, the Master Agreement, and as allowed per Article 3.7(2) of the RAISE Terms and Conditions.

The Parties therefore agree to the following:

AGREEMENT
ARTICLE I. PURPOSE
Section 1.01 Purpose
(a) 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 the award funds provided under this Agreement are not used as a substitute for non-Federal investment in the Project, except as proposed in the Grant Application, and as modified by schedule D.

ARTICLE II. USDOT AND RECIPIENT ROLES
Section 2.01 Division of USDOT Responsibilities
(a) The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of this Grant Program, the approval and execution of the USDOT Agreement, and any modifications to the Recipient Agreement under section 15.1 of the USDOT Agreement.
(b) The Federal Highway Administration (the “FHWA”) will administer the Recipient Agreement on behalf of the USDOT. The “Administering Operating Administration” means the FHWA.
(c) The Recipient is responsible for the approval of this agreement and any modifications to this agreement under section 15.01.

Section 2.02 USDOT Program Contacts
FHWA RAISE Program Manager
Federal Highway Administration
Office of Freight Management and Operations
1200 New Jersey Avenue SE
Room E84-429
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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]
Section 2.03 USDOT Program Contacts
(a) The Recipient is the pass-through entity for purposes of payment of the federal funds to the Designated Subrecipient per the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable.

Article III. DESIGNATED SUBRECIPIENT ROLE
Section 3.01 Statements on the Project.
(a) The Designated Subrecipient states that:
1) all material statements of fact in the Grant Application were accurate when that application was submitted; and
2) schedule E documents all material changes in the information contained in that application.

Section 3.02 Statements on Authority and Capacity.
(a) The Designated Subrecipient 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;
4) not less than the difference between the total eligible project costs listed in section 3 of schedule D and the 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 Designated Subrecipient has authority to enter this agreement and make the statements in this article 3 and in section 21.07 on behalf of the Designated Subrecipient.

Section 3.03 USDOT and Recipient Reliance.
(a) The Designated Subrecipient acknowledges that:
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1) the USDOT and the Recipient relied on statements of fact in the Grant Application to select the Project to receive this award;
2) the USDOT and the Recipient relied on statements of fact in both the Technical Application and this agreement to determine that the Designated Subrecipient and the Project are eligible under the terms of the NOFO;
3) the USDOT relied on statements of fact in both the Grant Application and the USDOT Agreement to establish the terms of this agreement; and 4) the Recipient relied on statements of fact in both the Grant Application and the USDOT Agreement to establish the terms of this agreement; and 5) the USDOT selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

Section 3.04 3.04 Project Delivery.
(a) The Designated Subrecipient shall complete the Project under the terms of this agreement.
(b) The Designated Subrecipient 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 and the Recipient.

Section 3.05 Rights and Powers Affecting the Project.
(a) The Designated Subrecipient shall not take or permit any action that deprive it of any rights or powers necessary to the Recipient’s performance under the USDOT Agreement and to the Designated Subrecipient’s performance under this Agreement, without written approval of the Recipient and the USDOT.
(b) The Designated Subrecipient shall act promptly, in a manner acceptable to the USDOT and the Recipient, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Designated Subrecipient’s performance under the USDOT Agreement and to the Designated Subrecipient’s performance under this agreement.

Section 3.06 3.06 Notification of Changes to Key Personnel. (a) The Designated Subrecipient shall notify all USDOT and all Recipient representatives who are identified in schedule A in writing within 30 calendar days of any change in key personnel who are also identified in schedule A.

Section 3.07 Subaward to Designated Subrecipient.
(a) Schedule A identifies a Designated Subrecipient, therefore:
1) the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.01;
2) the Recipient and the Designated Subrecipient have chosen to enter into this 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.

Section 3.08 Designated Subrecipient Statements and Responsibilities. (a) Schedule A identifies a Designated Subrecipient, therefore:
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1) the Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2 of the USDOT Agreement; and 2) the Designated Subrecipient assumes the Recipient's reporting obligations under articles 7 and 8 of the RAISE Terms and Conditions.

Section 3.09 Title 23 Oversight Responsibilities for Subawards. (a) Section 9 of schedule A identifies a Designated Subrecipient therefore, for the purpose of 23 U.S.C. 106(g), the Designated Subrecipient shall act as if funds under this award are Federal funds under title 23, United States Code.

ARTICLE IV. AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
Section 4.01 Federal Award Amount.
(a) The USDOT awarded a RAISE Grant to the Recipient in the amount listed in section 1 of schedule D as the RAISE Grant Amount.
(b) The Recipient hereby subawards a RAISE grant to the Designated Subrecipient in the amount listed in 1 of schedule D of the USDOT Agreement as the RAISE subaward Grant Amount.

Section 4.02 Federal Funding Source
(a) If section 4 of schedule F identifies the Funding Act as “IIJA,” then the 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 program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022).
(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).

Section 4.03 Federal Obligations.
(a) If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then:
1) the USDOT 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.
2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM) for the amount of funding and the phase of work specified in Schedule D of the USDOT Agreement
3) the federal reimbursable work on Project shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
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(b) If the Federal Obligation Type identified in section 2 of schedule D is “Multiple,” then:
1) 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).
2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, for the amount of funding and phase of work specified in Schedule D of the USDOT Agreement, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM). The Request for Authorization submitted by the Designated Subrecipient to the Recipient shall not exceed the amount obligated to the project by FHWA and Section 4.03(a) of shall not apply to this Agreement. 3) the RAISE federal reimbursable work on any Project phase of work shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
(c) The Obligation Condition Table in section 2 of schedule D of the USDOT Agreement 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 of the USDOT Agreement. (d) The USDOT 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 4.03(f) or by modifying this agreement under article

15. (f) The USDOT Payment System identified in section 6 of schedule A is “FMIS,” therefore:
1) the USDOT and Recipient determine that the obligation condition listed in that table for that portion of the Project is satisfied;
2) the USDOT and Recipient determine that all applicable Federal requirements for obligating the amount are satisfied; and
3) the Designated Subrecipient states that it is not required to request a modification of the USDOT Agreement under article 5 of this Agreement.
(g) The Designated Subrecipient 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 4.03(f).
(h) RAISE 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 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 469
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4.02 of this Agreement identifies the specific source or sources of funding for this award.
(i) The Designated Subrecipient acknowledges that:
1) the USDOT and Recipient are 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.
2) any portion of the RAISE Grant funds that are not obligated by the Designated Subrecipient under section 4.03 of this Agreement by the statutory lapse date identified in section 4.03(h) of this Agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and
3) the USDOT and Recipient may consider the failure to obligate funds by the statutory lapse date identified in section 4.03(h) of this Agreement for those funds to be a basis for terminating this agreement under section 10.01.

Section 4.04 Budget Period.
(a) 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.

Section 4.05 Period of Performance.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS” or "FMIS Current Bill," then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
(b) Reserved.
(c) In this Agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

Article V. STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES Section 5.01 Notification Requirement.
(a) The Designated Subrecipient shall notify in writing all USDOT representatives and Recipient representatives who are identified in schedule A of the USDDOT Agreement in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Designated Subrecipient’s capacity or intent to complete the Project in compliance with this agreement.
(b) In that notification, the Designated Subrecipient shall describe the change and what actions the Designated Subrecipient has taken or plans to take to ensure completion of the Project.
(c) The notification requirement under this section 5.01 is separate from any requirements under this article 5 that the Designated Subrecipient request modification of the USDOT Agreement or this Agreement.

Section 5.02 Scope and Statement of Work Changes.
(a) If the Project’s activities differ from the activities described in schedule B of the USDDOT Agreement, then the Designated Subrecipient shall request a modification of this agreement to update schedule B of the USDDOT Agreement.

Section 5.03 Schedule Changes.
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(a) If one or more of the following conditions are satisfied, then the Designated Subrecipient shall request a modification of the USDOT 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 of the USDOT Agreement and the Designated Subrecipient’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 of the USDOT Agreement; or 2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C of the USDOT Agreement. (b) For other schedule changes, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.

Section 5.04 Budget Changes.
(a) The Designated Subrecipient acknowledges that if the cost of completing the Project increases:
1) that increase does not affect the Designated Subrecipient’s obligation under this Agreement to complete the Project; and
2) the USDOT and Recipient will not increase the amount of the RAISE award and this subaward to address any funding shortfall.
(b) The Designated Subrecipient shall request a modification of the USDOT Agreement to update of this agreement to update schedule D in the USDOT Agreement if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D of the USDOT Agreement:
1) the total “Non-Federal Funds” amount decreases; or
2) the total eligible project costs amount decreases.
(c) For budget changes that are not identified in section 5.04(b) of this Agreement, the Designated Subrecipient 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 Designated Subrecipient may propose to the USDOT and the Recipient, 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 1.01 of this Agreement and schedule B of the USDOT Agreement, and that the Designated Subrecipient 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 of the USDOT Agreement, 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 of the USDOT Agreement. 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 of the USDOT Agreement.
(e) If there are Project Cost Savings and either the Designated Subrecipient does not make a proposal under section 5.04(d) of this Agreement, the USDOT does not accept the 471
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proposal under section 5.04(d) of this Agreement, or the Recipient does not accept the Designated Subrecipient’s proposal under section 5.04(d) of this Agreement then:
1) in a request under section 5.04(b), the Designated Subrecipient shall reduce the Federal Share by the Project Cost Savings; and
2) if that modification reduces this award and the USDOT or Recipient had reimbursed costs exceeding the revised award, the Designated Subrecipient shall refund to the Recipient 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 of the USDOT Agreement.
(f) The Designated Subrecipient acknowledges that amounts that are required to be refunded under section 5.04(e)(2) of this Agreement constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

Section 5.05 USDOT Acceptance of Changes.
(a) 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 Program and the USDOT. (b) The Recipient may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RAISE Program and the Recipient.
(c) The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless:
1) the Recipient accepts that modification request under section 15.02(b), 2) the USDOT accepts the modification request under section 15.1 of the USDOT Agreement, and
3) the USDOT and the Recipient modify the USDOT agreement under section 15.1 of the USDOT Agreement.

Article VI. GENERAL REPORTING TERMS
Section 6.01 Report Submission.
(a) The Designated Subrecipient shall send all reports required by this agreement to all USDOT contacts who are listed in schedule A of the USDOT Agreement, all USDOT contacts who are listed in section 2.02 of this Agreement, and all Recipient contacts listed in schedule A of the USDOT Agreement.

Section 6.02 Alternative Reporting Methods.
(a) The FHWA and Recipient may establish processes for the Designated Subrecipient to submit reports required by this agreement, including electronic submission processes. (b) If the Designated Subrecipient is notified of those processes in writing, the Designated Subrecipient shall use the processes required by the FHWA and Recipient.

Section 6.03 Paperwork Reduction Act Information.
(a) Under 5 C.F.R. 1320.6, the Designated Subrecipient 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”).
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(b) Notwithstanding any other term of this agreement, the due date for any information collections required under this agreement, including the reporting requirements in article 7 and article 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection. (c) Collections of information conducted under this agreement are approved under OMB Control No. 2105-0563.

Article VII. PROGRESS AND FINANCIAL REPORTING
Section 7.01 Quarterly Project Progress Reports and Recertifications. (a) 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 Designated Subrecipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C of the Exhibits.
(b) If the date of this agreement is in the final month of a calendar year quarter, then the Designated Subrecipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.

Section 7.02 Final Progress Reports and Financial Information. (a) No later than 120 days after the end of the period of performance, the Designated Subrecipient shall submit:
1) a Final Project Progress Report and Recertification in the format and with the content described in exhibit C of the Exhibits for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and 2) any other information required under the FHWA’s and Recipient's award closeout procedures.

Article VIII. PERFORMANCE REPORTING
Section 8.01 Baseline Performance Measurement.
(a) If the Capital-Planning Designation in section 2 of schedule F is “Capital” or "Capital Construction" then:
1) The Designated Subrecipient shall collect data for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement, accurate as of the Baseline Measurement Date that is identified in schedule G of the USDOT Agreement; and
2) on or before the Baseline Report Date that is stated in schedule G, the Designated Subrecipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 8.01 of this Agreement 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.

Section 8.02 Post-construction Performance Measurement. (a) If the Capital-Planning Designation in schedule F of the USDOT Agreement is "Capital" or "Capital Construction" 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 473
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calendar quarters, beginning with the first calendar quarter that begins after the Project substantial completion date, at least once during the quarter, the Designated Subrecipient 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 Designated Subrecipient shall collect data for that performance measure on at least three separate occasions, including:
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 8.02, the Designated Subrecipient shall submit to the USDOT and the Recipient a Post-construction Performance Measurement Report containing the data collected under this section 8.02 in the previous calendar year and stating the dates when the data was collected; and
(b) If an external factor significantly affects the value of a performance measure collected under section 8.02, then the Designated Subrecipient shall identify that external factor in the Post-construction Performance Measurement Report and discuss the external factor’s influence on the performance measure.

Section 8.03 Project Outcomes Report.
(a) If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then the Designated Subrecipient shall submit to the USDOT and the Recipient, not later than January 31 of the year that follows the final calendar year during which data was collected under section 8.02 of this Agreement, 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 Designated Subrecipient 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 Designated Subrecipient reported in the Baseline Performance Measurement Report.

Section 8.04 Reporting Survival.
(a) The data collection and reporting requirements in this article 8 survive the termination of this agreement.

Article IX. Noncompliance and Remedies
Section 9.01 Noncompliance Determinations.
(a) If the USDOT or the Recipient determine that the Designated Subrecipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, the USDOT or the Recipient may notify the Designated Subrecipient of a proposed determination of noncompliance. For that notice to be effective, it must be written and the USDOT or the Recipient must include an 474
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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 Designated Subrecipient may respond to the notice.
(b) If the USDOT or Recipient notifies the Designated Subrecipient of a proposed determination of noncompliance under section 9.01(a) of this Agreement, the Designated Subrecipient 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 Designated Subrecipient may:
1) accept the remedy;
2) acknowledge the noncompliance, but propose an alternative remedy; or 3) dispute the noncompliance.

To dispute the noncompliance, the Designated Subrecipient must include in its response documentation or other information supporting the Designated Subrecipient’s compliance.
(c) The USDOT or the Recipient may make a final determination of noncompliance only:
1) after considering the Designated Subrecipient’s response under section 9.01(b); or 2) if the Designated Subrecipient fails to respond under section 9.01(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT or the Recipient must provide to the Designated Subrecipient a notice that states the bases for that determination.

Section 9.02 Remedies.
(a) If the USDOT or the Recipient makes a final determination of noncompliance under section 9.01, the USDOT or the Recipient may impose a remedy, including:
1) adding conditions or modifying existing 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 Designated Subrecipient to the USDOT via the Recipient; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or 3) terminating the Agreement; or
4) any other remedy legally available.
(b) To impose a remedy, the USDOT or Recipient must provide to the Designated Subrecipient a notice that describes the remedy, but the USDOT or Recipient may make the remedy effective before the Designated Subrecipient receives that notice. (c) If the USDOT or Recipient determine that it is in the public interest, the USDOT or Recipient may impose a remedy, including all remedies described in section 9.02(a) of this Agreement, before making a final determination of noncompliance under section

9.01 of this Agreement.

If USDOT or Recipient do so, then the notice provided under section 9.01(d) must also state whether the remedy imposed will continue, be rescinded, or modified. 475
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(d) In imposing a remedy under this section 9.02 or making a public interest determination under section 9.02(c), the USDOT or the Recipient may elect to consider the interests of only the USDOT or the Recipient, respectively.
(e) The Designated Subrecipient acknowledges that amounts that the USDOT or Recipient requires the Designated Subrecipient to refund to the USDOT or Recipient, due to a remedy under this section 9.02 constitute a debt to the Federal Government that the USDOT or Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999).

Section 9.03 Other Oversight Entities.
(a) 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.

Article X. AGREEMENT TERMINATION
Section 10.01 Recipient Termination.
(a) The Recipient may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
1) the Designated Subrecipient fails to timely obtain or timely provide any non-RAISE Grant contribution or alternatives approved by the USDOT and the Recipient as provided in this agreement and consistent with schedule D of the USDOT Agreement; 2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Designated Subrecipient fails to meet that milestone by six months after the date listed in section 2 of schedule C; 3) the Designated Subrecipient 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 Designated Subrecipient 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 Designated Subrecipient; 5) circumstances cause changes to the Project that the USDOT or Recipient determines are inconsistent with the USDOT's basis for selecting the Project to receive a RAISE Grant; or
6) the USDOT or Recipient determines that termination of this agreement is in the public interest.
(b) In terminating this agreement under this section, the Recipient may elect to consider only the interests of the Recipient.
(c) This section 10.01 does not limit the Recipient’s ability to terminate this agreement as a remedy under section 9.02.
(d) The Designated Subrecipient may request that the Recipient terminate the agreement under this section 10.01.

Section 10.02 Closeout Termination.
(a) This Agreement terminates on Project Closeout.
(b) In this Agreement, “Project Closeout” means the date that the USDOT informs 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. 476
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Section 10.03 Post-Termination Adjustments.
(a) The Designated Subrecipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT's or Recipient's authority to disallow costs, including costs that the USDOT or Recipient reimbursed before termination, and recover funds from the Designated Subrecipient.

Section 10.04 Non-Terminating Events.
(a) The end of the budget period described under section 4.04 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (b) The end of the period of performance described under section 4.05 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (c) The cancellation of funds under section 14.02 does not terminate this agreement or the Designated Subrecipient’s obligations under this agreement." Section 10.05 Other Remedies.
(a) The termination authority under this article 10 supplements and does not limit the USDOT's and Recipient's remedial authority under article 16 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.

Article XI. MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS Section 11.01 Recipient Monitoring and Record Retention. (a) The Designated Subrecipient 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 Designated Subrecipient makes a subaward under this award, the Designated Subrecipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d).
(c) The Designated Subrecipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.

Section 11.02 11.02 Financial Records and Audits.
(a) The Designated Subrecipient shall keep all project accounts and records that fully disclose the amount and disposition by the Designated Subrecipient 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 Designated Subrecipient shall keep accounts and records described under section

11.02(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 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 Designated Subrecipient 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 Designated Subrecipient shall:
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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”).

Section 11.03 Internal Controls.
(a) The Designated Subrecipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.

Section 11.04 USDOT Record Access.
(a) The USDOT and the Recipient may access Designated Subrecipient records related to this award under 2 C.F.R. 200.337.

Article XII. CONTRACTING AND SUBAWARDS
Section 12.01 12.01 Minimum Wage Rates.
(a) The Designated Subrecipient 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 DavisBacon 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.

Section 12.02 Buy America.
(a) (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. (b) The Designated Subrecipient 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).
(c) (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.
(d) The Designated Subrecipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(e) The Designated Subrecipient 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.

Section 12.03 Small and Disadvantaged Business Requirements. (a) If any funds under this award are administered by or through a State Department of Transportation, the Designated Subrecipient 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”).

Section 12.04 Engineering and Design Services.
(a) The Designated Subrecipient shall award each contract or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, 478
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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 Designated Subrecipient and approved in writing by the USDOT.

Section 12.05 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
(a) The Designated Subrecipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Designated Subrecipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.

Section 12.06 Pass-through Entity Responsibilities.
(a) If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient 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.

Section 12.07 Subaward and Contract Authorization.
(a) If the Office for Subaward and Contract Authorization identified in section 7 schedule A is “FHWA Division,” then the Designated Subrecipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I, subchapter G. (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 Designated Subrecipient 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 Designated Subrecipient and the agreement officer’s concurrence on that determination.

Article XIII. COSTS, PAYMENTS, AND UNEXPENDED FUNDS
Section 13.01 Limitation of Federal Award Amount.
(a) Under this award, the USDOT and Recipient shall not provide funding greater than the amount obligated under section 4.03.
(b) The Designated Subrecipient acknowledges that the USDOT and the Recipient is not liable for payments exceeding that amount, and the Designated Subrecipient shall not request reimbursement of costs exceeding that amount.

Section 13.02 Projects Costs.
(a) 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.

Section 13.03 Timing of Project Costs.
(a) The Designated Subrecipient shall not charge to this award costs that are incurred after the budget period.
(b) The Designated Subrecipient 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. 479
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(c) 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.
(d) This agreement hereby terminates and supersedes any previous USDOT and Recipient approval for the Designated Subrecipient to incur costs under this award for the Project. (e) Section 5 of schedule D is the exclusive USDOT approval of costs incurred before the date of this agreement.

Section 13.04 Designated Subrecipient Recovery of Federal Funds. (a) The Designated Subrecipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Designated Subrecipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award.
(b) The Designated Subrecipient 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 and Recipient.

Section 13.05 Unexpended Federal Funds.
(a) Any Federal funds that are awarded at section 4.01 but not expended on allocable, allowable costs remain the property of the United States.

Section 13.06 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the RAISE grant Program. (b) If the Payment System identified in schedule A is “FMIS,” then the Designated Subrecipient shall follow FMIS procedures to request and receive reimbursement payments under this award.

Section 13.07 Information Supporting Expenditures.
(a) If the Designated Subrecipient submits a request for reimbursement that the USDOT or Recipient determine does not include or is not supported by sufficient detail, the USDOT or Recipient may deny the request or withhold processing the request until the Designated Subrecipient provides sufficient detail.

Section 13.08 Reimbursement Frequency.
(a) Once federal funds are encumbered and all funds have not yet been invoiced, the Designated Subrecipient shall invoice for eligible work performed the unexpended federal Project funds on Project, a minimum of once every 6 months, until the unexpended federal Project funds are exhausted or the project is complete. (b) Once federal funds are encumbered and all funds have not yet been invoiced, the Designated Subrecipient shall invoice for eligible work performed the unexpended federal Project funds on Project, a minimum of once every 6 months, until the unexpended federal Project funds are exhausted or the project is complete.

Article XIV. LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY Section 14.01 Liquidation of Recipient Obligations.
(a) The Designated Subrecipient 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 480
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2) the statutory funds cancellation date identified in section 14.02. (b) Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. 200.344–200.346.

Section 14.02 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 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 4.02 identifies the specific source or sources of funding for this award.

Article XV. AGREEMENT MODIFICATIONS
Section 15.01 Bilateral Modifications.
(a) The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the Recipient and the Designated Subrecipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
(b) The USDOT Agreement may be amended, modified, or supplemented by mutual agreement in writing, signed by the FHWA and the Recipient. The Designated Subrecipient may request to amend, modify, or supplement the USDOT Agreement by written notice to the FHWA and the Recipient.

Section 15.02 Contact Modifications.
(a) 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) b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.02 of this Agreement by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.

Section 15.03 Provisions that Conflict with Federal law. (a) If any provision of this Agreement conflicts with Federal law including the Program Statute, then the Federal law prevails.
(b) Either party may notify the other party upon discovery that a provision conflicts with Federal law and the parties may agree to amend this Agreement in accordance with section 20.01.
(c) Either party must provide written notice to the other party when it acts or refuses to act where its action or inaction conflicts with a provision of this Agreement but complies with Federal law.

Section 15.04 Other Modifications.
(a) The parties shall not amend, modify, or supplement the USDOT Agreement or this Agreement except as permitted under sections 15.01, 15.02, or 15.03. (b) If an amendment, modification, or supplement is not permitted under sections 15.01,

15.02, or 15.03, it is void.

Article XVI. CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
Section 16.01 Climate Change and Environmental Justice. 481
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(a) 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 XVII. RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Section 17.01 17.01 Racial Equity and Barriers to Opportunity. (a) 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 XVIII. LABOR AND WORK
Section 18.01 Labor and Work.
(a) 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 XIX. Reserved.

Article XX. Reserved.

Article XXI. FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY

REQUIREMENTS
Section 21.01 Uniform Administrative Requirements for Federal Awards. (a) The Designated Subrecipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.

Section 21.02 Federal Law and Public Policy Requirements. (a) The Designated Subrecipient 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 or the USDOT Agreement to expressly identify Federal law applicable to the Designated Subrecipient or activities under this agreement does not make that law inapplicable.

Section 21.03 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Designated Subrecipient acknowledges that the Technical Application, Grant Application, and materials submitted to the FHWA or the Recipient by the Designated Subrecipient related to this agreement may become FHWA records subject to public release under 5 U.S.C. 552.

Section 21.04 History of Performance.
(a) Under 2 C.F.R 200.206, any Federal awarding agency may consider the Designated Subrecipient’s performance under this Agreement, the USDOT Agreement, or both, when evaluating the risks of making a future Federal financial assistance award to the Designated Subrecipient.

Section 21.05 Whistleblower Protection.
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(a) The Designated Subrecipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Designated Subrecipient 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 Designated Subrecipient 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.

Section 21.06 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 21, 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 Designated Subrecipient 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
4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).

Section 21.07 Incorporated Certifications.
(a) The Designated Subrecipient makes the statements in the following certifications, which are incorporated by reference:
1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).

Article XXII. ASSIGNMENT
Section 22.01 Assignment Prohibited.
(a) The Designated Subrecipient 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 XXIII. Reserved.

Article XXIV. WAIVER
Section 24.01 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.
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breach of this agreement, that failure does not constitute a waiver of that term or breach.

Article XXV. ADDITIONAL TERMS AND CONDITIONS
Section 25.01 Effect of Urban or Rural Designation.
(a) Based on information that the Designated Subrecipient 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.
(b) The Designated Subrecipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.

Section 25.02 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation.
(a) If section 3 of schedule F lists “Yes” for the “HDC or APP Designation,” then based on information that the Designated Subrecipient provided to the USDOT, including the 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.
(b) The Designated Subrecipient shall incur a majority of the costs under this award in historically disadvantaged communities or areas of persistent poverty..

Section 25.03 Disclaimer of Federal Liability.
(a) The USDOT and the Recipient 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.

Section 25.04 Relocation and Real Property Acquisition. (a) To the greatest extent practicable under State law, the Designated Subrecipient 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 Designated Subrecipient 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 Designated Subrecipient 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.

Section 25.05 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Designated Subrecipient, or a subrecipient to the Designated Subrecipient, acquires equipment under the Grant Program 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.
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(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 Designated Subrecipient shall ensure compliance with this section 25.05 for all tiers of subawards under this award.

Section 25.06 Environmental Review.
(a) In this section, “Environmental Review Entity” means:
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, FHWA.
(b) Except as authorized under section 25.06(c), the Designated Subrecipient 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 Designated Subrecipient , the Environmental Review Entity provides the Designated Subrecipient with written notice that the environmental review process is complete.. (c) If the Designated Subrecipient 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 Designated Subrecipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Designated Subrecipient acknowledges that:
1) the Environmental Review Entity’s actions under section 25.06(a) depend on the Designated Subrecipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and 2) applicable environmental statutes and regulation may require the Designated Subrecipient 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 Designated Subrecipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in schedule B and other information described in the USDOT Agreement may inform environmental decision-making processes, but the parties do not intend the USDOT 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) (1) the parties may amend the USDOT Agreement under section 15.01 for consistency with the selected build alternative; or
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2) (2) if the USDOT or Recipient determine that the condition at section 10.01(a)(5) in this Agreement is satisfied, the Recipient may terminate the this Agreement under section 10.01(a)(5).
(g) The Designated Subrecipient 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.

Section 25.07 Railroad Coordination.
(a) If section 3 of schedule C includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Designated Subrecipient 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 XXVI. MANDATORY AWARD INFORMATION
Section 26.01 Information Contained in a Federal Award. (a) For 2 C.F.R. 200.211:
1) the “Federal Award Date” is the date of this agreement, as defined under section

28.02;
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.

Section 26.02 Federal Award Identification Number.
(a) The USDOT Payment System identified in schedule A is “FMIS” or "FMIS Current Bill," thus the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS.
(b) The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS for the Designated Subrecipient, once generated.

Section 26.03 Recipient’s Unique Entity Identifier.
(a) If the FHWA Payment System identified in schedule A is "FMIS" or “FMIS Current Bill,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is available in FMIS.
(b) The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS for the Designated Subrecipient.

Article XXVII. CONSTRUCTION AND DEFINITIONS
Section 27.01 Schedules.
(a) 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 486
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Schedule I Equity and Barriers to Opportunity
Schedule J Labor and Work
Section 27.02 Exhibits.
(a) 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/raisegrant-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
Section 27.03 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 27.01 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 27.01. (b) If a provision in the USDOT Agreement conflicts with a provision in this Agreement, then this Agreement prevails. If a provision in the Exhibits conflicts with a provision in this Agreement, then this Agreement prevails.
(c) If a provision in the exhibits conflicts with a provision in this Agreement, then the provision in this Agreement, prevails.

Section 27.04 Integration.
(a) This agreement constitutes the entire agreement of the parties relating to the RAISE program and awards under that program for the Project and supersedes any previous agreements, oral or written, relating to the RAISE grant program and awards under that program for the Project.

Section 27.05 Definitions.
(a) In this agreement, the following definitions apply:
“Administering Operating Administration” means the FHWA. “General Terms and Conditions” means this Agreement.
“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. 487
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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 the USDOT Agreement.
“Technical Application” means the application identified in section 1 of schedule A of the USDOT Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. “RAISE Grant” means an award of funds that were made available NOFO.

Article XXVIII. AGREEMENT EXECUTION AND EFFECTIVE DATE
Section 28.01 Counterparts.
(a) This Agreement may be executed in counterparts, which constitute one document. (b) The parties intend each countersigned original to have identical legal effect.

Section 28.02 Effective Date.
(a) This Agreement will become effective when all parties have signed it and the USDOT Agreement is executed.
(b) The date of this agreement will be the date this agreement is signed by the last party to sign it or the date the USDOT Agreement is executed, whichever is later. (c) This instrument constitutes a RAISE Grant when the Recipient and Designated Subrecipient’s authorized representatives sign it and the USDOT Agreement is executed by FHWA..

Article XXIX. Reserved.

Article XXX. Reserved.

Article XXXI. Reserved.

Article XXXII. Reserved.

Article XXXIII. Reserved.

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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
“DESIGNATED SUBRECIPIENT”
By:

Matthew Ballantyne Date
City Manager
APPROVED AS TO CONTENT:

PUBLIC WORKS/ENGINEERING DEPARTMENT
By:

Gia Kim Date
Public Works Director/City Engineer
APPROVED AS TO FORM:

CITY ATTORNEY
By:

Ruben Duran Date
City Attorney
COUNTERSIGNED:

By:

Jessica Brown Date
Finance Director
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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.

CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:

TONY TAVARES Date
Chief, Division of Local Assistance
AND
By:

CATALINO A. PINING III Date
District Director
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3243 Agenda Date: 9/10/2024
Agenda #: R. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Approve an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee by the City of Fontana.

RECOMMENDATION:

Authorize the City Manager to enter into an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee.

COUNCIL GOALS:
· Operate in a business-like manner by becoming more service oriented. · Practice sound fiscal management by living within our means while investing in the future. · Concentrate on intergovernmental relations by establishing partnerships and positive working relationships with other public agencies that provide services to residents and local businesses.

DISCUSSION:

The Inland Empire Utilities Agency (“IEUA”) collects a water connection fee to recover the costs of creating regional supplies that are available to meet the water demands of future development. The water connection fee is a one-time payment made directly to IEUA for any new or upsized connections, which include potable water, recycled water, and landscape meters.

Recently, IEUA requested that the City collects and transfers the water connection fee on behalf of IEUA when the Building and Safety Department issues applicable permits, creating a one-stop counter between IEUA and the City.

To compensate for the City’s staffing time, the City will receive $150 for each building permit processed for the collection of the water connection fee. The compensation rate will increase by five percent (5%) annually, beginning July 1, 2025. This agreement memorializes the obligations of both parties.

FISCAL IMPACT:

The City would receive $150 for each building permit processed for the collection of the WCF’s. The compensation rate shall increase every year beginning July 1, 2025, by five percent (5%).

MOTION:

Approve staff recommendation
City of Fontana Page 1 of 1 Printed on 8/29/2024
powered by Legistar™491
1 AGREEMENT FOR THE COLLECTION OF THE INLAND EMPIRE UTILITIES

AGENCY WATER CONNECTION FEE BY THE CITY OF FONTANA
This AGREEMENT FOR THE COLLECTION OF THE INLAND EMPIRE UTILITIES AGENCY WATER CONNECTION FEE BY THE CITY OF FONTANA (the “Agreement”) is entered into this ____ day of __________, 2024 (“Effective Date”) by and between the CITY OF FONTANA (“City”), and INLAND EMPIRE UTILITIES AGENCY, a municipal water district (“IEUA”).

RECITALS
A. WHEREAS, IEUA is a municipal water district organized and existing pursuant to California Water Code Sections 71000 et seq. and California Government Code Section 66013; and
B. WHEREAS, the City of Fontana is a general law city located within the County of San Bernardino, State of California; and
C. WHEREAS, IEUA has adopted Ordinance No. 104 establishing the Water Connection Fee (“WCF”) Program, effective January 1, 2016, to recover costs of creating regional water supplies to meet the future demands from development. The WCF is a one-time fee paid for new and upsized connections which include potable, recycled water, and landscape meters; and D. WHEREAS, IEUA and the City mutually agree that the City has the ability to effectively collect the WCF for all new and upsized water meters as part of the development and building permit process on behalf of IEUA; and
E. WHEREAS, IEUA agrees to compensate the City for the collection and remittance of the WCFs.

NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual covenants hereinafter contained, the parties agree as follows:

1. Collection of Fees The City shall collect the IEUA WCF for any water meter installed or upsized in the City as part of their building permit process.

2. Compensation IEUA shall compensate the City staff at a rate of $150.00 per building permit processed for the collection of WCFs (“Compensation Rate”). Beginning July 1, 2025, and every July 1 thereafter, the Compensation Rate shall be increased by five percent (5%).

3. Remittance of Fees collected The City shall hold the collected IEUA WCF in a separate account and remit payments to IEUA on quarterly basis. The remittance will deduct the City’s labor costs in Section 2 for the WCFs processed within that quarterly period. 492
2 4. Annual Audit and Reconciliation of EDUs
(a) IEUA reserves the right to audit the WCF collection by the City. However, IEUA shall hold the City harmless should it be found the City made good faith efforts to collect the WCF and the WCF was not be collected as part of the building permit process. If the City of Fontana is unable to collect the WCF, IEUA shall initiate a lien process on the parcel. (b) The City and IEUA, on an annual basis, shall reconcile the number of building permits issued and WCF collections.

5. Indemnification Each party agrees to protect, defend, indemnify and hold harmless the other party and its officers, directors, agents, and employees free and harmless from any and all claims, liabilities, losses, costs, expenses, damages or injuries to property or persons, including wrongful death, in any manner arising out of or incident to any acts, conducted by the other parties, its employees, agents, and representatives arising out of or in connection with this Agreement whether or not there is concurrent, passive or active negligence on the part of the other parties.

6. Term The term of this Agreement shall commence upon the Effective Date. Should the IEUA or the City withdraw from this agreement, the initiating party shall notify the other party no less than 30 days of its intent to withdraw. No waiver or modification of this Agreement shall be binding unless consented to by both parties in writing.

7. Notices All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose:

CITY OF FONTANA INLAND EMPIRE UTILITIES AGENCY
8353 Sierra Avenue P.O. Box 9020
Fontana, CA 92335 Chino Hills, CA 91710
Attn: City Manager Attn: General Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, certified mail, return receipt requested, to the party at its applicable address.

8. Entire Agreement; Amendment. This Agreement contains the entire agreement of the parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by both parties in writing.

9. Consent to Breach Not Waiver No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing to the other party. Any waiver or consent by either parties for a breach by the other, whether expressed or implied, shall not constitute a waiver, consent or excuse for any other existing or subsequent breach.
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3 10. Invalidity and 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.

11. Governing Law This Agreement shall be governed by the laws of the State of California.

12. Authority to Enter into Agreement IEUA and the City warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective party.

13. Attorneys’ Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to its reasonable attorneys’ fees, expert fees and other reasonable costs of defense.

14. Incorporation of Recitals. The Recitals are incorporated herein and made an operative part of this Agreement.

15. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

CITY OF FONTANA INLAND EMPIRE UTILITIES AGENCY
By: By: ______________________________
Matthew C. Ballantyne Shivaji Deshmukh, P.E.

City Manager General Manager
494
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3245 Agenda Date: 9/10/2024
Agenda #: S. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the North Heritage Phase 1 Fiber Optic Project RECOMMENDATION:

Accept as complete the work performed by GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023).

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:

On October 10, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (GA Technical Services, Inc.) in the amount of $218,484.01 with a 10% contingency in the amount of $21,848.40 for the North Heritage Phase 1 Fiber Project (#37600023).

The proposed improvements for the North Heritage Phase 1 Fiber Project consisted of installing fiber optic facilities along North Heritage Ave and Kestrel Drive between Baseline Avenue and Victoria Street. The project ultimately closed gaps in our existing network infrastructure and enhanced the City’s traffic management communication system, improving the flow of traffic for all roadway users.

GA Technical Services, Inc. completed the construction of the project on July 31, 2024. The project was successfully completed for the final contract amount of $240,262.68, an increase of 9.97% from the original amount of $218,484.01 and $69.73 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 budget under the Public Works & Engineering Department, Traffic Division.

MOTION:

Approve staff recommendation.

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PROJECT LOCATION

NORTH HERITAGE DRIVE

FIBER OPTIC PHASE I PROJECT
496
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3249 Agenda Date: 9/10/2024
Agenda #: T. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Increase in City-Owned Contingency for the Design-Build Contract for the Downtown Parking Structure Project (SQ-24-DE-23-01)
RECOMMENDATION:

Approve and authorize the City Manager to increase the city-owned contingency in the amount of $800,000.00 for a total city-owned contingency amount of $1,700,000.00.

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 focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

On June 13, 2023, the City Council awarded the Design-Build Contract for the Downtown Parking Structure Project to Bomel Construction Company, Inc. The proposed project is currently being constructed within the existing parking lot of the City’s Human Resources Department Building located at 8491 Sierra Avenue, Fontana, CA 92335, and shall consist of a 4.5-tier parking structure that will include the addition of 321 parking stalls. The intent of the structure is to serve as both public and employee parking for the civic campus, as well as the planned downtown area which is to be revitalized. Completion of the project is anticipated in January 2025.

An increase in city-owned contingency is requested to fund unforeseen conditions encountered throughout the course of construction. It will also afford the opportunity to add improved enhancements with the endeavor to create harmony with the structure and surrounding architecture.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $800,000.00 and is included in the current FY 2024-25 budget in Capital Reinvestment Fund (Fund 601), Downtown Parking Structure Project (Project No. 37600035).

MOTION:

Approve staff recommendation.

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File #: 21-3249 Agenda Date: 9/10/2024
Agenda #: T. Category: Consent Calendar
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PARKING STRUCTURE PROJECT

PROJECT LOCATION
499
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3251 Agenda Date: 9/10/2024
Agenda #: U. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Accept Contribution from San Bernardino County for Homeless Operating and Case Management Services
RECOMMENDATION:

Authorize the City Manager or his designee to enter into a contract with the County of San Bernardino Board of Supervisors to accept a contribution in the amount of $600,000 to provide ongoing services, including operational management of homeless services and professional case management services at The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), located at 17133 Valley Boulevard, Fontana, Ca 92335.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by addressing Homelessness through proactive programs, including the efforts of the COAST and MET teams.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The City of Fontana has determined Homelessness and Homeless prevention as a top priority and has previously instructed staff to take all feasible actions in support of the City’s homelessness prevention plan.

On July 23, 2024, the City adopted Resolution No. 2024-101, the Homeless Solutions Action Plan.

The Plan aims to increase affordable housing options in the City, while coordinating services to offer holistic support to the homeless community, including but not limited to mental health and substanceabuse treatment, job training, and healthcare. The Plan enhances coordination efforts, expanding the City’s reach of homeless services while fostering collaborative partnerships across the community.

On September 21, 2021, the County Board of Supervisors approved the Board of Supervisors Discretionary Fund. This District Specific Priorities Program allocates funds to each of the five districts in San Bernardino County to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens.

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File #: 21-3251 Agenda Date: 9/10/2024
Agenda #: U. Category: Consent Calendar
The Priorities Program desires to provide funding in the amount of $600,000 to the City of Fontana to assist in the performance of homeless support services, including case management for a period of 12 months. As a part of this agreement, The City will retain a third-party vendor to assist with the management of homeless services and retain the services of a third-party vendor to provide case management services for homeless individuals. The funding provides social service needs and serves the County residents of Fontana and the surrounding communities of the Second District.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item will result in increased revenues in the amount of $600,000 to project 37600041 and allocate $600,000 of, expenditures in project 37600041. All necessary budget adjustments will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation
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Standard Contract Page 1 of 17

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Stephanie Maldonado
Telephone Number 909-387-4378
Contractor City of Fontana
Contractor Representative Philip Burum
Telephone Number 909-350-6711
Contract Term 09/24/24-09/23/25
Original Contract Amount Not-to-Exceed $600,000
Amendment Amount
Total Contract Amount Not-to-Exceed $600,000
Cost Center 1022001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and Contract Number
SAP Number
502
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WHEREAS, on June 11, 2024 (Item No. 110), the Board approved an additional allocation of $3 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, County desires to provide funding to the City of Fontana (Contractor) to assist Contractor in their performance of homeless support services (Services), including case management. In addition to Contractor’s ongoing Services in support of the homeless community, Contractor shall retain a third party vendor to assist with the management of homeless services and shall retain the services of a third party vendor to provide case management services for homeless individuals ; and
WHEREAS, the County would like Contractor to provide these services; and WHEREAS, the County finds Contractor qualified to provide these services; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the social service needs of County residents; and
WHEREAS, the County residents of Fontana and the surrounding communities of the Second District will be served by the City’s retention and management of case managers for homeless individuals from a third party vendor; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor to facilitate the City’s retention and management of case managers for homeless individuals from a third party vendor to meet the social service needs of the residents of Fontana and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services that consists of the City’s retention and management of case managers for homeless individuals from a third party vendor for 12 months.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to onsite inspection of the facility where the case managers provide services to homeless individuals for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract. Contractor’s matching contribution will be a minimum of $150,000.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference. 503
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C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to 504
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disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Second District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
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C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor. 506
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C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or 507
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otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County. 508
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C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.
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Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of 510
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any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Reserved
C.47 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

D. TERM OF CONTRACT
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The services to be provided by Contractor shall commence on September 24, 2024, and shall be completed by September 23, 2025, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the Second District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $600,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
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F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 513
Revised 1/10/23 Page 13 of 17
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
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Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
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G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
Attn: Philip Burum, Deputy City Manager
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated 516
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by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 517
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Julie Surber, Principal Assistant County
Counsel
Date Date Date

SAN BERNARDINO COUNTY CITY OF FONTANA
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Phillip Burum
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Deputy City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address
8353 Sierra Ave.

Fontana, CA 92335
518
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3254 Agenda Date: 9/10/2024
Agenda #: V. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 - 2029/2030 RECOMMENDATION:

Adopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 - 2029/2030 Measure I FiveYear Capital Project Needs Analysis (CPNA).

DISCUSSION:

San Bernardino County Transportation Authority (SBCTA) is responsible for administering the San Bernardino County Measure I Program in which projects receive funding through the Local Passthrough Program or Major Streets Program. The City of Fontana receives and utilizes funds through the two (2) Measure I Programs for transportation-related projects.

The Capital Project Needs Analysis (CPNA) List identifies the projects that will be funded by the Major Street Program with a five-year projection. Annually, SBCTA requires local jurisdictions to complete an update of these five-year programs identifying the projects to be funded. Projects include major roadway improvements such as Foothill Boulevard Widening (Hemlock to Almeria Avenue), Santa Ana Avenue at Juniper Avenue Traffic Signal, Citrus Avenue Modifications at SR-210, and Etiwanda Avenue at Slover Avenue Intersection Widening. The use of Major Street Program funds in the Measure I Program requires funds from the local Development Impact Fee to match at a ratio of 32.1%.

The projects named in the CPNA list are identified independently from the Local Pass-Through Program List, referred to as the Five-Year Capital Improvement Program (CIP) List that was approved by the City Council on July 23, 2024.

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File #: 21-3254 Agenda Date: 9/10/2024
Agenda #: V. Category: Consent Calendar
FISCAL IMPACT:

Under the Measure I Program, there are two areas of funding for projects: the Local Pass-Through Program identified as Fund 246 and the Major Streets Program identified as Fund 245. The FiveYear Local Pass-Through Program was approved by the City Council on July 23, 2024.

The Measure I Major Streets Program is reimbursed by SBCTA as work is completed. The required

32.1% match by the City will ultimately be funded by Development Impact Fees. The budgets for the projects listed on the CPNA will be established as each individual project moves forward, providing full funding details.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2024-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025/2026 -
2029/2030.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, that the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025-2026 through 2029/2030, attached to this resolution as Exhibit A, is hereby adopted.

APPROVED AND ADOPTED this 10th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 10th day of September, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
521
Resolution No. 2024-104
2 of 2
____________________________________
City Clerk of the City of Fontana
____________________________________
Mayor of the City of Fontana
ATTEST:
____________________________________
City Clerk
522
Nexus Project Cost 12,857,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $140,116.00
Fund Type: MSI Arterial $ 95,139.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,977.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave. from Summit
Ave. to I-15 (37603378)
Current Total Project Cost
Estimate:
$400,000.00
Total Measure I Request:
$95,139.00
(Summation of Measure I)
Comments:
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 1 523
Nexus Project Cost 14,377,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $1,326,367.00
Fund Type: MSI Arterial $ 900,603.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 425,764.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $15,296,098.00
Fund Type: MSI Arterial $ 10,386,050.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 4,910,048.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$21,343,063.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave. from Foothill
Blvd to Baseline Ave. (37603281)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$11,286,653.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 2 524
Nexus Project Cost 16,522,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $413,614.00
Fund Type: MSI Arterial $ 280,844.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 132,770.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $3,430,000.00
Fund Type: MSI Arterial $ 2,328,970.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,101,030.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$4,230,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from
Hemlock to Almeria. (37603333)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$2,609,814.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 3 525
Nexus Project Cost 9,643,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $452,195.00
Fund Type: MSI Arterial $ 307,040.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 145,155.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $10,888,071.00
Fund Type: MSI Arterial $ 5,256,598.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,485,077.00 $ - $ - $ - $ - $ - $ -
OTHER $ 3,146,396.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$13,147,629.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Slover Ave. from Etiwanda
Ave to 800' e/o Etiwanda from 2
to 4 lanes (37603350)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$5,563,638.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 4 526
Nexus Project Cost 1,195,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $249,705.00
Fund Type: MSI Arterial $ 169,550.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 80,155.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $370,295.00
Fund Type: MSI Arterial $ 251,430.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 118,865.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$620,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Citrus Ave. widening at SR - 210
(37600039)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$420,980.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 5 527
Nexus Project Cost 5,625,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $1,918,800.00
Fund Type: MSI Arterial $ 1,302,865.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 615,935.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$3,900,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (37600042). Widen
Cherry Ave (Baseline Ave to So.

Highland Ave 4 to 6 lanes).

Current Total Project Cost
Estimate:

Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (i15 to San Servaine).
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$1,302,865.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 6 528
Nexus Project Cost 5,806,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $1,981,200.00
Fund Type: MSI Arterial $ 1,345,235.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 635,965.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$3,900,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (37600042). Widen
Walnut Ave (I-15 to San Sevaine 2
to 4 lanes).

Current Total Project Cost
Estimate:

Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (i15 to San Servaine).
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$1,345,235.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 7 529
Nexus Project Cost 12,857,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 67,900.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 32,100.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $770,000.00
Fund Type: MSI Arterial $ 522,830.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 247,170.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$870,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Intersection Widening at Santa
Ana Ave. / Juniper Ave. Santa
Ave. and Juniper Ave. TS
(37600054)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$590,730.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 8 530
Nexus Project Cost 11,601,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $21,608,344.00
Fund Type: MSI Arterial $ 230,860.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 109,140.00 $ - $ - $ - $ - $ - $ -
DEV FEE $ 1,900,000.00 $ - $ - $ - $ - $ - $ -
OTHER $ 11,729,715.00 $ - $ - $ - $ - $ - $ -
OTHER $ 7,340,000.00 $ - $ - $ - $ - $ - $ -
MI LOCAL ST $ 298,629.00 $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$21,608,343.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Citrus
Ave. to Maple Ave. from 4 to 6
lanes. Cypress Storm Drain
(37603361)
Current Total Project Cost
Estimate:

Comments:

This project is being funded by
multiple funding sources. Fund
622- Storm Drain Fund has
allocated $11,736,715 and Fund
302 - ARPA has allocated
$7,340,000 forths project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$230,860.00
(Summation of Measure I)
2026-2030 CPNA Template - FY2024 Submittal_CPNA Budget.xlsx - Proj 9 531
Program Jurisdiction Public
Share Project Name Dev Loan? 5-Yr Advance NEXUS Project Cost Current Cost
Estimate
MI
Prior
MI
FY 25/26
MI
FY 26/27
MI
FY 27/28
MI
FY 28/29
MI
FY 29/30 MSI Future MITotal
Proj 1 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave. from Summit Ave. to I-15 (37603378) No No 12,857,000 $ 400,000 $ 95,139 $ - $ - $ - $ - $ - $ - $ 95,139 $ Proj 2 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave. from Foothill Blvd to Baseline Ave. (37603281) No No 14,377,000 $ 21,343,063 $ ######### - $ - $ - $ - $ - $ - $ ######### Proj 3 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd from Hemlock to Almeria. (37603333) No No 16,522,000 $ 4,230,000 $ 2,609,814 $ - $ - $ - $ - $ - $ - $ 2,609,814 $ Proj 4 Valley Arterial Sub-Program City of Fontana 67.9% Widen Slover Ave. from Etiwanda Ave to 800' e/o Etiwanda from 2 to 4 lanes (37603350) No No 9,643,000 $ 13,147,629 $ 5,563,638 $ - $ - $ - $ - $ - $ - $ 5,563,638 $ Proj 5 Valley Arterial Sub-Program City of Fontana 67.9% Citrus Ave. widening at SR - 210 (37600039) No No 1,195,000 $ 620,000 $ 420,980 $ - $ - $ - $ - $ - $ - $ 420,980 $ Proj 6 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (37600042). Widen Cherry Ave (Baseline Ave to So. Highland Ave 4 to 6 lanes). No No 5,625,000 $ 3,900,000 $ 1,302,865 $ - $ - $ - $ - $ - $ - $ 1,302,865 $ Proj 7 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (37600042). Widen Walnut Ave (I-15 to San Sevaine 2 to 4 lanes). No No 5,806,000 $ 3,900,000 $ 1,345,235 $ - $ - $ - $ - $ - $ - $ 1,345,235 $ Proj 8 Valley Arterial Sub-Program City of Fontana 67.9% Intersection Widening at Santa Ana Ave. / Juniper Ave. Santa Ave. and Juniper Ave. TS (37600054) No No 12,857,000 $ 870,000 $ 590,730 $ - $ - $ - $ - $ - $ - $ 590,730 $ Proj 9 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd from Citrus Ave. to Maple Ave. from 4 to 6 lanes. Cypress Storm Drain (37603361) No No 11,601,000 $ 21,608,343 $ 230,860 $ - $ - $ - $ - $ - $ - $ 230,860 $ Proj 10 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Proj 11 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Proj 12 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Proj 13 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Proj 14 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Proj 15 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name --Select Yes/No- -Select Yes/No- - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 532
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3256 Agenda Date: 9/10/2024
Agenda #: W. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Main Extension Contract with the San Gabriel Valley Water Company RECOMMENDATION:

Approve and authorize the City Manager to execute a Main Extension Contract with the San Gabriel Valley Water Company.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To improve public safety by maximizing fire and emergency medical service resources.

DISCUSSION:

On February 6, 2024, the Fontana Planning Commission approved MCN 22-137 for the construction of Fire Station 80, a 14,663 SF fire station, a 4,193 SF training center, and a 7,000 SF training tower on the northeast corner of Cherry Avenue and South Highland Avenue.

To properly service the site with water, the San Gabriel Valley Water Company (SGVWC) requested the execution of the Main Extension Contract to extend mainline water facilities from San Sevaine Road along South Highland Avenue, construct one (1) 10” fire service connection, one (1) fire hydrant, one (1) domestic service, and one (1) landscape service. The total construction cost for these improvements is estimated at $1,721,240. The City provided a deposit of $21,000 during the design phase of the project that will be credited leaving a balance of $1,700,240.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,700,240.00 and is included in the current FY 2024/2025 Budget in the Fire Station No. 80 Project No. 37603385-610-A-8335.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3259 Agenda Date: 9/10/2024
Agenda #: X. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Easement with Southern California Edison (SCE) Company at Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road), for I-15 Logistics (Caprock) RECOMMENDATION:

Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

DISCUSSION:

On June 2, 2020, the City of Fontana Planning Commission approved MCN No. 15-078 and Design Review No. 16-003 to consolidate twelve parcels into two parcels and a remainder parcel, totaling approximately 83 acres for the development of a new commerce building totaling approximately 1,171,788 square feet. To adhere to the conditions of approval, the developer is constructing intersection improvements at Sierra Avenue and Coyote Canyon Road (formerly Lytle Creek Road).

As part of the construction intersection improvements, the developer must acquire an easement from SCE and get California Public Utilities Commission (CPUC) approval for said improvements.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73548A Service Order: 802309371
Location: City of Fontana
APN: 0239-092-08
V&LM File No: GRT204242993
SCE Document: 306332
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT
BY SF DATE 08/22/2024
SCE LAW Approved: MR
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the CITY OF FONTANA, a California municipal corporation, hereinafter called "Grantee", an easement for Road and Utility purposes, in, on, under, over, along and across that certain real property in the County of San Bernardino, State of California, (“Grantor Property”) described as follows:

That portion of Lot 13 of Map Showing Subdivision of Lands Belonging to the Semi-Tropic Land and Water Company, in the City of Fontana, County of San Bernardino, State of California, recorded in Book 6, Page 12 of Maps in the Office of the Recorder for said County, more particularly described in the certain Grant Deed from Fontana Union Water Company, a corporation to Southern California Edison Company, a corporation, recorded December 30, 1966, as Instrument No. 493, in Book 6751, Page 142 of Official Recorders, in the office of the County Recorder of said County.

Said Road and Utility easement is more particularly described in Exhibit “A” and more particularly depicted in Exhibit “B” (“Easement Area”), both attached hereto and by this reference made a part hereof.

SUBJECT TO any pre-existing covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the following terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes (“Facilities”).

2. Grantor shall not erect, construct or place, nor allow a third party to erect, construct, or place, any Facilities, building or other structure, or diminish or add to the ground level, or construct Sheet ______ of ______
City Index No. ______
1 10 6263
564
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

2 any fences, so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The City’s use of said Easement shall not unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such Facilities.

4. Grantee agrees to hold harmless and indemnify Grantor, its officers, agents, and employees to the fullest extent permitted by law, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting, in any manner whatsoever , directly or indirectly, by reason of the Grantee’s exercise of the rights herein granted or the acts or omissions of Grantee, its officers, agents, or employees related to the exercise of such rights; provided, however, that the Grantee’s obligations under this section shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the Grantor, its contractors, consultants, subcontractors, employees, successors, and assigns.

5. Grantee agrees to pay to Grantor, upon demand, any and all reasonable costs of relocation and/or construction of such Facilities which may be or become necessary by reason of the Grantee’s exercise of the rights granted pursuant to this Easement.

6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty-five (35.00) feet between their equipment and any and all overhead electric conductors.

7. Grantor shall have full unobstructed access to its Facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind within the Easement Area at all times.

8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the Easement Area or immediately proximate thereto and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said Facilities, to the extent necessary to prevent any such interference or danger.

9. The Easement Area is to be used only for the purposes specified herein and in the event:
a. the Easement Area is not so used for six years; or
b. the Easement Area is be vacated as a road and utility right of way; the Easement shall thereupon revert to and merge in the interest of Grantor in the Easement Area.

10. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

Sheet ______ of ______
City Index No. ______
2 10 6263
565
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

3 11. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given (the construction of a road and related improvements), regardless of the time performed, and any other work or improvement commenced within six years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called “Improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it shall reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

12. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the Improvement to be located on the Easement Area at its own expense.

13. Grantee hereby recognizes Grantor’s title and interest in and to the Easement Area and agrees never to assail or resist Grantor’s title or interest therein.

14. Any earth fill placed by Grantee within the boundaries of the Easement Area shall have a relative compaction density of ninety percent (90%).

15. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Grantor's right of way in the Easement Area and/or rendered immobile.

16. Grantee agrees to provide sixteen (16.00) foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40.0) tons on a three-axle truck at such locations within the Easement as specified by the Grantor.

17. Grantee agrees to maintain the Easement Area in good condition and repair.

18. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the Easement Area.

19. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible.

20. The six-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed within the Easement Area, which special assessment or assessments have been paid by Grantor.

21. Grantee agrees that all fencing and metallic structures installed within the Easement Area shall be adequately grounded.

22. Prior to construction of any Facilities, Grantor shall provide plans for its Facilities and any related improvements to Grantee for Grantee’s approval, which shall not be unreasonably conditioned, withheld, or delayed. Grantee agrees that no additional structures other than those approved in the plans, will be installed on the Easement Area.

23. Grantee agrees not to store flammable materials nor store any vehicle on the Easement Area.

Sheet ______ of ______
City Index No. ______
3 10 6263
566
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

4 24. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the Easement Area, so as to prevent dust contamination of Grantor's facilities.

25. This Grant of Easement shall not become effective unless and until it is approved by the California Public Utilities Commission (CPUC) pursuant to and in accordance with Public Utilities Code Section 851. Grantor may terminate this Easement to the extent the CPUC either withholds its consent or imposes conditions on the approval that are objectionable to Grantor.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _______ day of _____________________ , 20____.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By:

Monica Contreras
Real Estate Facilities - Advisor
Land Management – Eastern Region
Vegetation & Land Management
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
Sheet ______ of ______
City Index No. ______
4 10 6263
567
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation
By:

Name:

Title:

By:

Name:

Title:

Sheet ______ of ______
City Index No. ______
5 10 6263
568
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

6 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
Sheet ______ of ______
City Index No. ______
6 10 6263
569
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73548A
V&LM File No.: GRT204242993
Affects SCE Document(s): 306332

7 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
Sheet ______ of ______
City Index No. ______
7 10 6263
570
W.O. 802309371 NOT. 204242993
CPRKI15L.0001
SHEET 9 OF 11
City Index no. 6263
EXHIBIT “A”

LEGAL DESCRIPTION
SERIAL NO. 73548A
PORTION OF APN 0239-092-08

EASEMENT TO THE CITY OF FONTANA FOR ROAD AND UTILITY PURPOSES That portion of Lot 13 of Map Showing Subdivision of Lands Belonging to the Semi-Tropic Land and Water Company, in the City of Fontana, County of San Bernardino, State of California, filed in Book 6, Page 12 of Maps in the Office of the Recorder for said County, said portion of Lot 13 being in the vacated southwesterly 80.00 feet of Sierra Avenue (formerly Riverside Avenue) per County Board of Supervisors minutes recorded in Book Y of Miscellaneous Records at Page 345, records of said County, described as follows with bearings based on Parcel Map No. 19712, filed in Book 263, Pages 23 through 31, inclusive, of Parcel Maps in said County Recorder’s Office:

COMMENCING at the intersection of the centerline of the remaining northeasterly 70.00 feet of Sierra Avenue with the centerline of the 40.00 foot wide right of way of Lytle Creek Road as shown on San Bernardino County Surveyor’s Map No. CS-3089, as well as on that certain map filed in Book 171, Page 71 of Records of Survey, records of said County; THENCE

1. Along said centerline of Sierra Avenue, South 24º14’05” East, 100.51 feet to a point on said centerline at right angles from the intersection of the southwesterly right of way line of said

70.00 foot wide remainder with the northeasterly prolongation of the southeasterly right of way line of that certain 60.00 foot wide unnamed street (now known as Lytle Creek Road) between said Lot 13 and Lot 11 of said Map Book 6, Page12; THENCE

2. At right angles from said centerline of Sierra Avenue, South 65 º 45’55” West, 35.00 feet to said point of intersection and the TRUE POINT OF BEGINNING; THENCE

3. Along said southwesterly right of way line, South 24 º 14’05” East, 80.61 feet; THENCE

4. At right angles from said southwesterly right of way line, South 65 º 45’55” West, 7.00 feet to a line parallel with and 7.00 feet southwesterly of said southwesterly right of way line; THENCE

5. Along said parallel line, North 24 º 14’05” West, 18.00 feet; THENCE

6. South 88 º 07’36” West, 49.38 feet to said southeasterly right of way line of the 60.00 foot wide unnamed street per Map Book 6, Page 12; THENCE

7. Along said southeasterly right of way line, North 25 º 59’45” East, 68.52 feet to the TRUE POINT OF BEGINNING.
8 10
571
W.O. 802309371 NOT. 204242993
CPRKI15L.0001
SHEET 10 OF 11
City Index no. 6263
SERIAL NO. 73548A
CONTAINING 1,840 SQUARE FEET OR 0.042 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

PREPARED BY ME OR UNDER MY DIRECTION:

_______________________________________08/01/2024__
ROBERT WALKER, LS 7137 DATE
9 10
572
30' VARIES 20' 104'
35'
35'
S24°14'05"E 100.51'
S65°45'55"W 35.00'
L5
L1
L2
L4 L3
80'
70'
34'

68.16'

32.35'
N25°59'45"E
N24°14'05"W 18.00'
S65°45'55"W 7.00'

LINE TABLE
LINE #
L1
L2

BEARING DISTANCE
S88°07'36"W 49.38'
L3
S24°14'05"E 80.61'
L4
L5 N25°59'45"E 68.52'
Drawing Name: P:\C\CPRKI15L0001\0400CAD\SV\EXHIBITS\CPRKI15L0001 Dedication Triangle Exhibit B.dwgLast Opened: Aug 01, 2024 - 2:33pm by: Sxz 1"= 60' scale feet
60 0 60 120
25152 SPRINGFIELD COURT, SUITE 350
SANTA CLARITA, CA 91355
Phone: 661-284-7400

LYTLE CREEK ROAD
CL

SIERRA AVENUE
LC
SERIAL NO. 73548A
PORTION OF LOT 13 OF MAP SHOWING SUBDIVISION

OF LANDS BELONGING TO THE SEMI-TROPIC LAND
AND WATER COMPANY, M.B. 6/12

IN THE CITY OF FONTANA,

SAN BERNARDINO COUNTY, CALIFORNIA
P.O.C.

T.P.O.B.

Date:

Scale:08-01-2024
1"=60'
Job Number: CPRKI15L0001
(VACATED PER BOOK "Y" PAGE 345 OF MISC. RECORDS) WIDE R/W PER MB 6/12 ORIGINAL NE'LY LINE 150' C/L REMAINING 70' WIDE R/W PER C.S. 3089
WIDE R/W PER MB 6/12 ORIGINAL SW'LY LINE 150'
SE'LY LINE 60' WIDE R/W OF UNNAMED
STREET PER MB 6/12
(FORMERLY RIVERSIDE AVENUE)
POR. LOT 11
M.B. 6/12
POR. LOT 13
M.B. 6/12
LEGEND
P.O.C. = POINT OF COMMENCEMENT
T.P.O.B = TRUE POINT OF BEGINNING
M.B. 6/12 = MAP BOOK 6, PAGE 12
SE'LY = SOUTHEASTERLY
R/W = RIGHT OF WAY
MISC. = MISCELLANEOUS
C.S. = COUNTY SURVEYOR'S MAP
R.S. 171/71= RECORD OF SURVEY BOOK 171, PAGE 71
POR. = PORTION
LS = LICENSED SURVEYOR
NW'LY = NORTHWESTERLY
= CENTERLINE
= ROAD & UTILITY EASEMENT AREA
(1,840 S.F. OR 0.042 AC.)
CL
ROBERT WALKER, LS 7137 DATE
SU
LAND
ED
RNIA
CALIFO
LICEN
TE OF
STA
No. 7137

S RVEYOR

ROBERT WALKER
CL

NW'LY R/W LINE PER
C.S. 3089 & R.S. 171/71
3 1
2 4
56 7
APN 0239-091-09
APN 0239-092-08
# = COURSE PER EXHIBIT "A"
08/01/2024
Sheet 11 OF 11
City Index no. 6263
EXHIBIT "B" - EASEMENT AREA
10 10
573
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3264 Agenda Date: 9/10/2024
Agenda #: Y. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for June 2024.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The June 2024 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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POLICE DEPARTMENT

MONTHLY REPORT
June 2024
575

NOTEWORTHY EVENTS
• Fontana Police COPE Unit held a blood drive at the Police Department. • Fontana Police Officers participated in the California Police and Fire Games. • Fontana Police began the transition to the San Bernardino County Animal Shelter and participated in the “Join the Paw Pet Faire Extravaganza” • Fontana Police Department assisted the San Bernardino County Fire Department with a large brush fire in Jurupa Hills.
• RRT, Gangs, and Narcotic Units seized multiple illegal firearms and narcotics.

KA1
576
Slide 2
KA1 Kevin Anderson, 2/9/2021
577
578

CITYWIDE
• Priority 1 response time- 4:09 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,737
• Total Traffic Accidents- 195
• Non-Injury- 155, Injury - 40
• Total arrests- 481
• Hispanic- 336, White- 73 , Black- 51, All others races- • Total Group A Offenses- 629
• Crimes Against Persons- 142
• Crimes Against Property- 322
• Crimes Against Society- 165
579
• Crimes Against Person- 142 CITYWIDE • Homicide- 1
• Sex Offenses- 7
• Assault- 130
• Kidnapping- 0
• Other- 4
• Crimes Against Property- 327
• Robbery- 8
• Burglary- 16
• Larceny- 165
• Destruction of Property- 23
• Fraud- 19
• Possession of Stolen Property- 35
• Motor Vehicle Theft- 48
• Other Miscellaneous Property Crimes- 13
• Crimes Against Society- 168
• Drug and Paraphernalia Possession- 132
• Possession of Child Pornography- 6
• Possession of Weapons- 30
• Other Miscellaneous Crimes- 0
580

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
581
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 84
• Crimes Against Persons- 16
• Crimes Against Property- 66
• Crimes Against Society- 2
582
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 120
• Crimes Against Persons- 37
• Crimes Against Property- 67
• Crimes Against Society- 16
583
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 270
• Crimes Against Persons- 71
• Crimes Against Property- 114
• Crimes Against Society- 85
584
Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 106
• Crimes Against Persons- 18
• Crimes Against Property- 73
• Crimes Against Society- 15
585

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 586
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3250 Agenda Date: 9/10/2024
Agenda #: Z. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Fontana Lewis Library & Technology Center Entry Precast Stair Replacement RECOMMENDATION:

Award Bid and Authorize the City Manager to execute a contract with Ace Capital Engineering of Lake Forest, CA in the amount of $123,158.20 to Replace Precast Stairs of Lewis Library Entry and authorize a 10% contingency in the amount of $12,315.82 COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Lewis Library & Technology Center entry stairs is in desperate need of new precast entry stairs.

The stairs are showing signs of cracks, chips, and damage in multiple areas of the stair entry. The bidding process for the Fontana Lewis Library & Technology Center Entry Precast Stair Replacement bid (PW-24-227-SB) was conducted by City staff in May and June 2024. Five hundred twenty-seven (527) vendors were notified of the bid. Bid packets were downloaded/received by twenty-four (24) vendors and we received four (4) bid responses. Thirty-one (31) Fontana vendors were notified. One (1) Fontana vendor response was received. The bid closed on Thursday, May 23, 2024, and the City received a total of four (4) bids.

After reviewing each individual company that provided a bid for the project, the Purchasing Office has recommended the contract be awarded to Ace Capital Engineering of Lake Forest, CA. Ace Capital Engineering submitted all the necessary documents and therefore is the most responsible and responsive bidder.

FISCAL IMPACT:

The total fiscal impact associated with the approval of this item is $135,474.02 including contingencies. Sufficient funds are budgeted in the current FY 2024/2025 budget, in the Lewis Library Steps Project No. 37300004-103-A-8329.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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Bid Results
Fontana Lewis Library & Technology Center
Entry Stair Replacement
PW-24-227-SB
Ace Capital Engineering $123,158.20
Lake Forest, CA
Final Touch Construction $168,000.00
Fontana, CA
R Dependable Construction $192,500.00
San Bernardino, CA
HZS Engineering, Inc. $287,700.00
Orange, CA
588
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
589
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
590
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
591
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
592
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
593
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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PlanetBids
594
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

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Fontana City CouncilSeptember 10, 2024

Fontana City Council
September 10, 2024