Agenda packet — Fontana City Council, October 8, 2024 (part 1 of 2)

Tuesday, October 8, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1958 Reso. No. 2024-113
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda October 8, 2024
Welcome to a meeting of the Fontana City Council.

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

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

Matthew Ballantyne, City Manager and Rakesha Voss,
Director of Human Resources and Risk Management .

Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining
Unit; Police Management Association; Police Benefits
Association; Police Officers Association and
Management/Confidential Employees.
21-3336

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2 City Council Meeting Regular Agenda October 8, 2024

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. 1. Mayor Warren and City Council to proclaim the Month of October 2024 as National Community Planning Month
(Director of Planning, Patty Nevins to accept).

2. Mayor Warren and City Council to proclaim the 2nd Week of October 2024 as Code Compliance Officer Appreciation Week (Sandra Pelayo, Community Improvement Program
Manager to accept).
21-3337
SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize, Corporals Christopher Romo & Bradley Ubovich and Officers Lauren
Baker and Isaiah Sandoval as August 2024 Employees of
the Month (Captain Burton to present).

2. Mayor Warren and City Council to recognize the 2024
Planning Department Employee of the Year (Director of
Planning, Patty Nevins to present).

3. Mayor Warren and City Council to recognize Code
Compliance Employees of the Year (Community
Improvement Program Manager, Sandra Pelayo, to
present).
21-3334
PUBLIC COMMUNICATIONS:

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3 City Council Meeting Regular Agenda October 8, 2024
This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-3335
Approve the minutes of the September 24, 2024, Regular City Council Meeting, and the September 26, 2024, Special City Council Meeting.

City Council Meeting Minutes 09-24-2024.pdf
City Council Meeting Minutes 09-26-2024.pdf
Attachments:

B. Declaration of Surplus Land - North Fontana Industrial Complex - Surplus Land along Duncan Canyon Road
21-3231
Adopt Resolution No. 2024-113, declaring a portion of City-owned real property on Duncan Canyon Road east of Sierra Ave exempt surplus land as defined by the Surplus Land Act.

Vicnity_Map.pdf
Fontana to LPC North-Exempt Surplus Land CC Resolution
(HCD Approved)-c1.docx
Attachments:

C. Approve and Authorize the City Manager to enter into a Maintenance Agreement to Establish Maintenance
Obligations and Certain Rights Incidental to the Public Right of Way with Ventana 257, LLC.
21-3242
Approve and authorize the City Manager to enter into a Landscape Maintenance Agreement to establish maintenance obligations and certain rights incidental to the public right of way along Duncan Canyon Road and Citrus Avenue.

Ventana Maintenance Agreement - Updated.pdfAttachments:

D. Authorize the Purchase of Two ( 2) Altec AT 37G Aerial 21-3285

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4 City Council Meeting Regular Agenda October 8, 2024
Trucks. And One (1) Altec LR860-E70 Aerial Truck.

1. Authorize the Purchasing Division to use the Sourcewell Cooperative Purchasing Agreement (Contract #110421-ALT) for the purchase of Two (2) Altec AT37G for $156,049.56 each and One (1) Altec LR860-E70 for $240,623.80 total cost for all three units is $552,722.92.

2. Approve the Non-Competitive Proposal method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.

Altec Contract 110421.pdf
Quote.pdf
Quote for Council Item.pdf
Attachments:

E. Award Bid for Vehicle Annual Purchases, Service, and OEM Parts Contract, PW-22-244-SP
21-3288
Award bid (PW-24-244-SP) and authorize the vehicle purchases, service, and OEM parts for two (2) years with three (3) optional annual renewals to the following bidders:
a. Bakersfield Dodge
b. Claremont Toyota
c. Crown Toyota
d. Fontana CDJR Dodge
e. Guaranty Chevrolet Motors Inc.
f. Victorville Chevrolet
Summary Bid Results.pdf
Bid Recap Letter PW-24-244-SP.pdf
Attachments:

F. Approve a Bond Reduction for Tract No. 20010 (In-tract Improvements) for the Narra Hills Project, formerly known as Monarch Hills
21-3298
Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, located along Coyote Canyon Road (formerly Lytle Creek Road) and north of Duncan Canyon Road.

TM 20010.pdf
Subdivision Improvement Agreement - SWR - Lots 1-155.pdf Attachments:

G. Approve and Authorize the City Manager to Execute a
Temporary Easement Deed with North Fontana Investment
Company, LLC
21-3314
Approve and authorize the City Manager to execute a Temporary Easement Deed with North Fontana Investment Company, LLC for the Ventana Project.

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5 City Council Meeting Regular Agenda October 8, 2024
North Fontana Investment Co. LLC Temporary Easement
Deed.pdf
Attachments:

H. 2025 Selective Traffic Enforcement Program Grant Award 21-3317

1. Accept the 2025 State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant, number PT 25162 in the amount of $365,000.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

Grant Agreement - PT25162.pdfAttachments:

I. 2023 Homeland Security Grant Program (HSGP) 21-3319

1. Accept the 2023 Homeland Security Grant Program subrecipient award in the amount $47,072 from the Office of Homeland Security.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

FY 2023 HSGP Subrecipient Application Notification
Letter.pdf
FY23 HSGP Law Jurisdiction Allocation 30% Law
Allocation.pdf
Attachments:

J. Approve Amendment No. 4 to Professional Service
Agreement with Quality Management Group (QMG) for
Property Management Services in conjunction with
city-owned properties.
21-3321

1. Approve and authorize the City Manager to execute Amendment No. 4 to Professional Services Agreement SP-15-HD-22 for professional property management services in the additional amount of $65,000 for a total not to exceed $165,000.

2. Approve and authorize the City Manager to execute any future amendments to the contract with Quality Management Group (QMG) for professional property management services.

QMG Contract Amendment No. 4.docAttachments:

K. Police Department Monthly Information Update 21-3325 Accept the Police Department monthly information update for August 2024.

August 2024 Report for City Council Rev.pptxAttachments:

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6 City Council Meeting Regular Agenda October 8, 2024
L. Adopt Resolution No. 2024-114, Approving an Agreement Releasing Certain Real Property From the Obligations,
Conditions, and Restrictions of that Certain Disposition Agreement Approved by the City Council of the City of
Fontana on July 2, 2020, by and between the City of
Fontana and HDO4, LLC
21-3343

1. Adopt Resolution No. 2024-114, Approving an Agreement Releasing Certain Real Property From the Obligations, Conditions, and Restrictions of that Certain Disposition Agreement Approved by the City Council of the City of Fontana on July 2, 2020, by and between the City of Fontana and HDO4, LLC

2. Determination that the City Council’s actions are exempt from the California Environmental Quality Act (“CEQA”).

Resolution 2024-114 Approving Release Agreement.docx
Ventana Release Agreement 004 (003).doc
2020 Disposition Agreement.pdf
Attachments:

NEW BUSINESS:

A. New Business
A. American Rescue Plan Update 21-3338

1. Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.

2. Authorize the reallocation of any future unused project balances to other approved projects within the ARPA expenditure plan, including the leveraged projects.

Attachment A
Attachment B
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment

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7 City Council Meeting Regular Agenda October 8, 2024
Adjourn to the next Regular City Council Meeting on October 22, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3336 Agenda Date: 10/8/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, October 8, 2024
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3337 Agenda Date: 10/8/2024
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, October 8, 2024
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/3/2024Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3334 Agenda Date: 10/8/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, October 8, 2024
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3335 Agenda Date: 10/8/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 24, 2024, Regular City Council Meeting, and the September 26, 2024, Special City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the September 24, 2024, Regular City Council Meeting, and the September 26, 2024, Special City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, September 24, 2024

2:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

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

Page 2 of 11 ends

CLOSED SESSION:

A. 1 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 24, 2024.

Mayor Warren called the meeting to order at 1:00 p.m., with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of case: City of Fontana v. Robert Constant. Case #: CIVSB2127040.

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Ray Ebert, Deputy City Manager and Rakesha Voss, Director of Human Resources and Risk Management.

Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; Police Officers Association and Management/Confidential Employees.

3.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(b)
One Potential Case: Confidential per court order. U.S. District Court Central District of California

CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 24, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
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City Treasurer Janet Koehler-Brooks was also present.

ABSENT: City Clerk Germaine Key

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

CLOSED SESSION ANNOUNCEMENT:

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

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and the City Council swore in new Fontana Police Officers Jeneva Ceniceros, Rosendo Chavez, Anthony Martinez, Andrew O’Brien, Shane Ogle, Daniel Oliver, Gavin Rivers, Ryan Ruff, Anthony Simpson and Holden Sparrow.

2. Mayor Warren and the City Council recognized Officers Steve Reed, Danny Romero and Sal Valencia and Community Policing Technicians Jackie Ayala and Heather Howard, as July 2024 Employees of the Month.

3. Mayor Warren and City Council honor ed Staff Sergeant, Joseph F. Rodriguez for his service in the United States Marine Corps. Grandparents Roy and Therese Rodriguez accepted a certificate of recognition and retired military banner on his behalf.

4. Hillary Wolfe, of the Fontana Unified School District (FUSD) , Ryan R ainbolt, of Enchanted Education, Danielle Jeffers, of Tomorrow’s Talent, Deputy City Manager Phillip Buru m and Future Shapers Academy students presented models of downtown Fontana’s revitalization. Mayor Warren and City Council also presented a proclamation and certificates recognizing the students for their contributions.

PROCLAMATIONS:

A. P roclamations

1. Mayor Warren and the City Council proclaim ed September as Emergency 15

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Preparedness Month, presenting a proclamation to Emergency Services Coordinator Eva Terekhova. CERT and LISTOS instructors and participants were also recognized.

Mayor Warren addressed recent comments regarding Fontana in the media and stated that the city would be issuing a response.

RECESS:

Mayor Warren called for a recess at 2:56 p.m.

The meeting resumes at 3:04 p.m. with all members present except Mayor Warren.

PUBLIC COMMUNICATIONS:

A. Public Communications

The following individuals spoke under public communications:

Deborah Hall Lindsey invited the Council and community to attend the upcoming Chill N ’ Grill BBQ Competition on September 28th.

Bill Freeman discussed concerns about disparaging comments made about Fontana in a recent episode of the ABC series High Potential.

Frank Atry discussed concerns with the Fontana Police Department.

Susan Farmer discussed concerns with transients camping along the Pacific Electric Trail and with debris and lack of m aintenance on the trail . Also provided photos of the trail which were forwarded to the Council.

Bishop James of Ephesian New Testament Church discussed concerns about disparaging comments made about Fontana recently.

CONSENT CALENDAR:

Mayor Pro Tem Garcia asked that the feasibility study for Item P. be brought back to Council for review at a future meeting.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4- 0 to approve Consent Calendar Items “A-P.” The motion carried by the following vote: AYES: Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Warren
A. Approval of Minutes 21-3297
Approve the minutes of the September 10, 2024, Regular City Council Meeting.

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B. Approve Donations of Dog “Dax” and Present and Future 21-3192 Accompanying K-9 Dog Equipment from Fontana Police K-9
Pals, a California Nonprofit Corporation

1. Approve the donation of the dog “Dax” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Dax” to become part of the Fontana Police Department’s K-9 Unit.

2. Authorize the donation of current and future K -9 dog equipment from Fontana Police K-9 Pals to support the operations of the Fontana Police Department’s K-9 Unit

C. Approve Donations of Dog “Crash” and Present and Future 21-3193 Accompanying K-9 Dog Equipment from Fontana Police K-9
Pals, a California Nonprofit Corporation

1. Approve the donation of the dog “Crash” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Crash” to become part of the Fontana Police Department’s K-9 Unit

2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit Operations

D. Establish a partnership with GRID ALTERNATIVES, a solar 21-3210 affordable housing program, for low-income properties.

Request City Council to Adopt Resolution No. 2024-108, to collaborate with GRID Alternatives to conduct a solar installation project for low-income homeowners in Fontana.

E. Final Acceptance of Tract No. 20018 In-Tract Improvements: 21-3233 Street, Sewer, Storm Drain, Landscape, and Signing & Striping

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

F. Amend previously approved Cooperative Agreement between 21-3246 the City of Fontana and the San Bernardino County Public Works Department for annual routine maintenance and
emergency response projects.

Authorize the City Manager to enter into the updated Cooperative Agreement with the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects.

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G. 2023 Permanent Local Housing Allocation (PLHA) Award and 21-3252 Revised Plan

1. Approve the proposed revised Permanent Local Housing Allocation (PLHA) plan;

2. Adopt Resolution No. 2024-109, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).

3. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;

4. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;

5. Authorize the City Manager, or City Manager’s designee, to award and enter into any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.

H. Award a Construction Contract for Public Works Concrete 21-3270 Maintenance Project Map Grid 19 (PW-24-133-SB)

1. Adopt Resolution No. 2024-110, a resolution of the City Council of the City of Fontana to award a contract.

2. Approve and authorize the City Manager to execute a construction contract with MAJ Engineering from Chino Hills, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $210,527.00 and authorize a 10% contingency in the amount of $21,052.70

I. Purchase & Sale Agreement - Downtown Fontana Property 21-3277

1. Approve a Purchase & Sale Agreement for the building and associated land located at 16736 Arrow Boulevard, more specifically described as APN 0191-162-13 and APN 0191-162-40 in the amount of $871,000

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

J. Acceptance of Final Map for Tract No. 20511 21-3281
Approve the Final Map for Tract No. 20511, located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue.

K. Conflict-of-Interest Code 2024 Local Agency Biennial Notice 21-3286 Pursuant to the Political Reform Act

1. Receive and File the 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act

2. Direct staff to promulgate the necessary amendments and return to the City Council prior to December 30, 2024 for adoption pursuant to the Political Reform Act.

L. Approve Final Change Order with California Professional 21-3287 Engineering and Final Acceptance for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No.

SB-08-DE-22)

1. Authorize the City Manager to approve Change Order No. 3 with California Professional Engineering in the amount of $58,856.82 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22).

2. Accept as complete the work performed by California Professional Engineering for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22).

M. Accept Donation from Kaiser Permanente (From Garden to 21-3289 Table: Fontana Flavor Academy)
Accept donation from Kaiser Permanente in the amount of $10,000 for use towards “From Garden to Table: Fontana Flavor Academy.”

N. Final Acceptance of the Sierra Lakes Pavement Rehabilitation 21-3291 Project
Accept as complete the work performed by Matich Corporation for the Sierra Lakes Pavement Rehabilitation Project (#37604130).

O. Police Department Monthly Information Update 21-3296 Accept the Police Department monthly information update for July 2024.

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P. Feasibility Study and Cost/Benefit analysis of the formation of a 21-3300 Community Choice Aggregation.

Approve staff recommendation to engage with GDS Associates Inc. to perform a feasibility study and a cost/benefit analysis for the formation of a Community Choice Aggregation for the City of Fontana.

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed 21-3228 Abatement Accounts

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

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

3. Adopt Resolution No. 2024-111, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Revenue Operations Manager Lisa Conlon provided the staff report.

Mayor Pro Tem Garcia opened the public hearing.

Deputy City Clerk Christina Rudsell stated that no written communications were received.

With no one interested to speak in favor or opposition of this item Mayor Pro Tem Garcia closed the Public Hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Warren

B. Public Hearing for Consolidated Annual Performance 21-3198 Evaluation Report (CAPER) Fiscal Year 2023-2024

1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the City of Fontana during Fiscal Year 2023-2024; and
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2. Authorize the City Manager to enter into and/or transmit any documents necessary to submit the Consolidated Annual Performance, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development.

Project Specialist Mary Aguilar provided the staff report.

Mayor Pro Tem Garcia opened the public hearing.

Deputy City Clerk Rudsell stated that no written communications were received.

With no one interested to speak in favor or opposition of this item Mayor Pro Tem Garcia closed the Public Hearing.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran and passed by a vote of 4 -0 to approve staff recommendation on Public Hearing Item “ B.” The motion carried by the following vote: AYES: Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Warren

C. First Public Hearing for the Five-Year Consolidated Plan 21-3222 (2025-2029)
Conduct a first public hearing to receive comments from members of the public concerning housing and community development needs, program performance, and strategies for affirmatively furthering fair housing.

Project Specialist Mary Aguilar provided the staff report.

Mayor Pro Tem Garcia opened the public hearing.

Deputy City Clerk Rudsell stated that no written communications were received.

With no one interested to speak in favor or opposition of this ite m Mayor Pro Tem Garcia closed the Public Hearing.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran and passed by a vote of 4 -0 to approve staff recommendation on Public Hearing Item “ C.” The motion carried by the following vote: AYES: Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Warren

NEW BUSINESS:

A. New Business
A. Issuance of Special Tax Bonds for CFD #109 (Narra Hills) 21-3299 Adopt Resolution No. 2024-112 of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 21

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109 (Narra Hills) Special Tax Bonds, Series 2024, in an aggregate principal amount of not to exceed $37,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

Council Member Cothran recused himself from this item as he owns property within the area being discussed.

Accountant II Justin Marietta provided the staff report.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran and passed by a vote of 3-0-1 to approve staff recommendation on New Business Item “ A.” The motion carried by t he following vote: AYES: Garcia, Roberts and Sandoval; NOES: None; ABSTAIN: Cothran; ABSENT: Warren

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

Deputy City Manager Ray Ebert thanked Staff Sergeant Rodriguez for his service. Deputy City Manager Ebert also wished his daughter a happy 16th birthday.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks wished City Clerk Key a happy birthday.

Council Member Sandoval congratulated the CERT/LISTOS graduates and reminded the community that September is NICU Awareness Month . Also thanked Community Services Department staff for all their hard work organizing the volunteer recognition and La Gran Fiesta events and the Police Department for organizing the recent special needs event.

Council Member Roberts congratulated the new ly sworn police officers and commended the Police Department.

Council Member Cothran discussed the recent volunteer recognition event and expressed appreciation to all volunteers. Also stated he was looking forward to the upcoming Chill N’ Grill BBQ Competition on September 28
th.

Mayor Pro Tem Garcia encouraged all to donate towards The Path clothing drive. Also addressed disparaging comments recently made about Fontana in the media and stated that the city would be issuing an appropriate response. Also recognized th e Police Department for their efforts.
22

Page 11 of 11 ends

ADJOURNMENT:

A. Adjournment

Mayor Pro Tem Garcia adjourned the meeting at 3:42 p.m. to the Special City Council Meeting on Thursday, September 26th, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON OCTOBER 8, 2024.

_______________________
Germaine Key
City Clerk

Page 1 of 3 ends

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Thursday, September 26, 2024

7:00 PM

Grover W. Taylor Council Chambers

Special City Council Meeting

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

Page 2 of 3 ends

CALL TO ORDER/ROLL CALL:

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

The Special Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Thursday, September 26, 2024.

Mayor Pro Tem Garcia called the Special City Council Meeting to order at 7:02 p.m.

ROLL CALL:

PRESENT: Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.

City Treasurer Janet Koehler-Brooks was also present.

ABSENT: Mayor Warren and City Clerk Germaine Key

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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

SPECIAL PRESENTATIONS:

A. Special Presentations
Mayor Pro Tem Garcia and City Council recognized District 71 Fontana Little League Championship Teams from Fontana American Little League, Fontana Elks Little League, Southridge Little League, and Pony/Fontana Baseball Association.

Mayor Pro Tem Garcia and City Council also recognized the Foxtails Junior Roller Derby Division Title Championship Team.

PUBLIC COMMUNICATIONS:

A. Public Communications

No public communications were received.

Page 3 of 3 ends

ADJOURNMENT:

A. Adjournment
Mayor Pro Tem Garcia adjourned the meeting at 7:36 p.m. to the Regular City Council Meeting on Tuesday, October 8th, at 2:00 p .m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

26 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3231 Agenda Date: 10/8/2024
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Declaration of Surplus Land - North Fontana Industrial Complex - Surplus Land along Duncan Canyon Road
RECOMMENDATION:

Adopt Resolution No. 2024-113, declaring a portion of City-owned real property on Duncan Canyon Road east of Sierra Ave exempt surplus land as defined by the Surplus Land Act.

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:

This staff report pertains to 363 square feet of City-owned land on the South side of Duncan Canyon Road, located east of Sierra Avenue. The land includes two separate pieces of land, as shown on Exhibits A1 and A2 of Resolution No. 2024-XXX. The first area contains 252 square feet and the second area contains 111 square feet. The two pieces of land are adjacent to Assessor Parcel Number 1118-031-05 and make up the remnant portion of a parcel that was previously dedicated in fee to the City for road purposes. The City no longer needs these two pieces of land for street or highway purposes. Once the land is declared exempt surplus land, the City can abandon the two areas and sell the land to the adjacent landowner.

Staff have determined that the two pieces of land in question may be declared “exemptsurplus land” under the Surplus Land Act (“Act”). The Act defines “exemptsurplus land”as “surplusland that is … less than one-half acre in area”(Cal. Gov. Code § 54221(f)(1)(B)) and “surplusland that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” (Cal. Gov.

Code § 54221(f)(1)(E)). None of the characteristics under Gov. Code § 54221(f)(2) apply to the two pieces of land. Staff recommend that the City Council adopt Resolution No. 2024-XXX, which makes the statutorily required declarations and findings to declare the two pieces of land as exempt surplus land.

This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.) (“CEQA”). Staff have determined that the designation of the two pieces of land as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA City of Fontana Printed on 10/3/2024Page 1 of 2
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27 File #: 21-3231 Agenda Date: 10/8/2024
Agenda #: B. Category: Consent Calendar
pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/3/2024Page 2 of 2
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28 City of Fontana, California

Vicinity Map
Not to Scale

Loca�on Map
29 1 of 7

RESOLUTION NO. 2024-113

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221

THAT REAL PROPERTY OWNED BY THE AGENCY LOCATED AS

SHOWN ON THE ATTACHED LEGAL DESCRIPTION IS EXEMPT

SURPLUS LAND FOR PURPOSES STATED HEREIN , AND FINDING

THAT SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Fontana (the “Agency” or the “City” ) is the owner of that certain real property described in Exhibit “A 1” and Exhibit “A 2,” attached hereto and incorporated herein, which is approximately 252 square feet and approximately 111 square feet respectively, fo r a total of 363 square feet in size , located in the City of Fontana (“Property”); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square feet, and it is not contiguous to land owned by a state or local agency that is used for open - space or low- and moderate-income housing purposes; and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code , section 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code, section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the Agency for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency’s use; and
WHEREAS, the Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low - or moderate -income housing (Government Code , section 54221(f)(1)(B)); and
WHEREAS, the Property does not meet any of the criteria listed in Government Code section 54221(f)(2).

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

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
30 Resolution No. 2024-113
2 of 7

Section 2. The City Council hereby finds that (i) the Property is no longer necessary for the Agency’s use, and (ii) the Property is smaller than one-half acre in area because it is a total of 363 square feet, and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing.

Section 3. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(B) of the Act.

Section 4. This Resolution has been re viewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code , Section 21000 et seq.) (“CEQA”). Agency staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remainin g portions of this Resolution.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 8th of October, 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 action resolution duly and regularly adopted by the City Council at a regular meeting held on the 8th day of October, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

31 Resolution No. 2024-113
3 of 7

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk

32 Resolution No. 2024-113
4 of 7

Exhibit A 1
Legal Description
APN: 1118-031-05

33 Resolution No. 2024-113
5 of 7

34 Resolution No. 2024-113
6 of 7

Exhibit A 2
Legal Description
APN: 1118-031-05

35 Resolution No. 2024-113
7 of 7

36 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3242 Agenda Date: 10/8/2024
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to enter into a Maintenance Agreement to Establish Maintenance Obligations and Certain Rights Incidental to the Public Right of Way with Ventana 257, LLC.

RECOMMENDATION:

Approve and authorize the City Manager to enter into a Landscape Maintenance Agreement to establish maintenance obligations and certain rights incidental to the public right of way along Duncan Canyon Road and Citrus Avenue.

DISCUSSION:

On July 27, 2021, the City Council approved MCN20-099, SPA Amendment No. 21-004, TPM21-003 (TPM No. 20327), and Design Review No. 21-002. To adhere to the Specific Plan requirements, the developer is required to construct various improvements along Duncan Canyon Road and Citrus Avenue.

As part of these improvements, the developer, Ventana 257, LLC, has expressed a desire to maintain the landscaped median and trees within the public right of way along Duncan Canyon Road and Citrus Avenue, within their project boundary. The proposed Landscape Maintenance Agreement will establish the landscape maintenance obligations for these areas.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/3/2024Page 1 of 1
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37 CED\ 30712-0031\ 772529.2 5/2/2023 -1-
RECORDING REQUESTED BY:

Orange Coast Title Company
2151 E Convention Center Way, Suite 230
Ontario, CA 91764

WHEN RECORDED RETURN TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer

Space Above This Line For Recorder’s Use

MAINTENANCE AGREEMENT

THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into as of this ____ day of _______________, 2024, by and between VENTANA 257, LLC, a California limited liability company (“Developer”), and the CITY OF FONTANA (the “City”). Developer and the City may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS:

A. Developer is the owner of certain real property located at Assessor’s Parcel Number (APN) 0226-075-57 in the City of Fontana, County of San Bernardino, State of California, which is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Developer Property”). Developer has or intends to construct residential dwelling units on the Developer Property.

B. City and Developer wish to establish maintenance obligations and certain rights incidental to the public right-of-way (“ROW”) near portions of the Developer Property as shown in Exhibit “B,” attached hereto and incorporated herein by reference.

C. The Developer Property and ROW are part of a larger project (“Project”) which includes that real property described in Exhibit “C,” attached hereto and incorporated by reference. The remainder of the Project is currently undeveloped, and the Parties anticipate it to be developed pursuant to the terms of a certain 2020 Disposition Agreement, dated July 2, 2020 (the “DDA”).

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1. Maintenance Obligations.

A. Developer Maintenance Area. “Developer Maintenance Area” means those portions of the parkway landscape areas within the ROW which are generally depicted on Exhibit “B.” The “Developer Maintained Improvements” means street trees, landscaping, and associated irrigation improvements within the Developer Maintenance Area. Developer shall perform the following with respect to the Developer Maintenance Area:
38 CED\ 30712-0031\ 772529.2 5/2/2023 -2-
(i) Keep the Developer Maintenance Area reasonably free of plant and landscape debris.
(ii) Repair damage to the Developer Maintenance Areas due to the elements and ordinary wear and tear.
(iii) Pursuant to Section 4 below, Developer shall Maintain and replace the street trees and landscaping within the Developer Maintenance Area. In addition, the replacement of any Street trees must be approved in writing by the City.
(iv) Maintain proper weed abatement within the Developer Maintenance Areas and corresponding ROW in accordance with the approved plans and all City landscape standards and specifications.

B. City Responsibility. Maintenance and repair of Sidewalks, curb ramps, and curb and gutters shall be the responsibility of the City upon expiration of the one (1) year warranty period and the written acceptance of the improvements by the City.

2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Developer Maintenance Areas until such time as the City, in its sole and absolute discretion, elects to maintain such area, at which time the applicable area shall no longer constitute a part of the Developer Maintenance Area. In such event, the City shall provide a notice of termination of the Developer Maintenance Areas in writing to Developer.

3. Use of ROW. The Parties agree that neither Party shall have the right to erect any structure or conduct any activity within the ROW which will unreasonably inhibit or impair the use of the ROW described in this Agreement. The ROW shall be accessible by the general public.

4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Developer Maintenance Areas and/or the Developer Maintained Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Developer Maintenance Areas or Developer Maintained Improvements ("Defects Notice"). The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days from the Developer's actual receipt of the Defects Notice.

If the City determines a hazardous situation exists which must be remedied immediately (“emergency situation”), then the City shall have the right to immediately enter into the Developer Maintenance Areas to address and resolve the emergency, after which the City will seek reimbursement in accordance with this section.

If Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice. Developer hereby grants the City, or its assignees, the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer’s contractors, or other third party maintenance company to complete the remedial work, provided that all such contractors shall be appropriately licensed (if a license is required for the performance of the remedial work) and, such contractors are employees of the City, maintain workers compensation insurance, automobile insurance, and general commercial liability insurance with limits and terms acceptable to Developer and on which Developer is named as an additional insured . Except in an 39 CED\ 30712-0031\ 772529.2 5/2/2023 -3-
emergency situation, during which remedial or repair work may be performed at any time to address the emergency, all remedial work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. in a manner that minimizes any inconvenience to the residents of the Developer Property. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement.

5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by the City), and hold City, its officials, officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation, repair or maintenance activities by Developer or its contractors or agents in the Developer Maintenance Area. City hereby covenants and agrees to indemnify, defend (with legal counsel selected by City and reasonably acceptable to Developer), and hold Developer, its members and their officers, members, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected any injury to persons or damage to property caused by the negligence or willful misconduct of City or its agents during any installation or maintenance activities in the ROW.

6. Future CFD. Developer and City agree that the ROW is intended to benefit the entire Project, so as other portions of the Project are developed, the owners of such parcels should be obligated to contribute to the ROW maintenance costs. Therefore, as part of the conditions of approval for the other parcels in the Project, the City shall assist with the initiation and execution the necessary procedures for the establishment of a Community Facilities District (“CFD”) which will own and maintain the ROW, and at such time, Developer shall also participate in such CFD and shall reasonably cooperate in the formation of such CFD. Only upon the successful formation of the CFD and transfer of the maintenance obligations described herein to the CFD, shall this Agreement terminate upon written approval by the City. Notwithstanding the foregoing, the City agrees that the conditions of approval for any parcel within the Property which is owned by Developer or an affiliate of Developer (“Affiliate Property”) shall allow for the amendment of this Agreement in order to include the Affiliate Property as part of the Developer Property instead of requiring the formation and annexation into a CFD.

7. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. Except as expressly stated in this Agreement, there are no third party beneficiaries with the right to enforce this Agreement.

8. Affected and Benefited Land. The land (“Affected Land”) affected by the covenants contained in this Agreement is the Developer Property and the ROW. The land (“Benefited Land”) benefited by the covenants contained in this Agreement is the Developer Property and the ROW. 40 CED\ 30712-0031\ 772529.2 5/2/2023 -4-

9. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party:

If to Developer:

VENTANA 257, LLC
c/o Frontier Communities
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Andrew Wennerstrom
Telephone: (909) 354-8010
[email protected]

With a Copy to:

VENTANA 257, LLC
c/o Frontier Communities
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Steven B. Imhoof, Esq.

Telephone (909) 354-8085
[email protected]

If to City:

CITY OF FONTANA
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer
Telephone: (909) 350-7613
[email protected]

With a Copy to:

Best Best & Krieger LLP
28554 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Ruben Duran, City Attorney
Telephone: (909) 989-8584
[email protected]

10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property.
41 CED\ 30712-0031\ 772529.2 5/2/2023 -5-

11. Headings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement.

12. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

[Signature Page on Following Page]

42 CED\ 30712-0031\ 772529.2 5/2/2023 -6-
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

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

VENTANA 257, LLC
By:_________________________________
Richard Munkvold
Chief Financial Officer
Attest:

By:________________________________
Germaine Key, City Clerk

Approved as to form:

Best Best & Krieger LLP
City Attorney

By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization

By:_____________________________
Gia Kim
Director of Public Works/City Engineer

43 CED\ 30712-0031\ 772529.2 5/2/2023 -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 ______________ )

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.

Notary Public (SEAL)

44 CED\ 30712-0031\ 772529.2 5/2/2023 -8-

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.

Notary Public (SEAL)
45 CED\ 30712-0031\ 772529.2 5/2/2023
EXHIBIT “A”

DEVELOPER PROPERTY
(PA-1A Site Plan)

46 30'-1"
50'-0"
26'-0"
30'-0"
26'-0"
30'-0"
30'-0"
35'-0"
30'-0"
26'-0"
20'-10"
30'-0"
26'-8"
30'-0"
26'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"

DUNCAN CANYON
CITRUS AVE.
30'-0"
30'-0"
27'-4"
26'-0"
30'-0"
T R
O
O
O
RT
TR
O
O
O
R T
T R
O
O
O
RT
26'-0"
18'-0"9'-0" 9'-0"18'-0"
9'-0"
18'-0"
22'-0"8'-0"
31'-1"
28'-3"
39'-10"
21'-2"
25'-5"
73'-8"
22'-5"
45'-0"
40'-0"
90'-0"
46'-0" 30'-0"
30'-0"
34'-5"
20'-0" 20'-0"
UP 27R
UP 27R1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 20 21 22 23 24 25 26 27 gov
A1
P.

B1 B1
COAT
L.

B1
L.

A1
P.

C1
L.

A1
L.

A1
COAT
L.

A1
L.

DS
DS
DS
DS
DS
DS
DS
DS
DS
DS DS
DS
DS
DS
DS

DS DS DS
RDRD
RD
RD
RD
RD
RD
W/H
FIRE
RISER

ELECTRICAL MPOE
A1
B1
A1
A2
L.

LIVING
B1
L.

B1
L.

A1
P.

DS
DS
DS
DS
DS
DS
DS
DSDS
DS
DS
DS
DS
DS
DS
DS
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DS
DS
DS
DS
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RD
RD
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RD
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DS
DS
DS

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2x4
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ELECTRICALMPOE
W/H
FIRE

RISERSTORAGE
L.

E.P.

DS
DS
DS
DSDS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS

DS DS DS DS
DS
DS
RD
RD
RD
RD
RD
RD
RD
RD

RD RD RD DS
R
O
O
O
T
R
O
O
O
T
O
O
O
R
T
R
T

PARKING
NO

PARKING
NO
YIELD

PARKING
NO
VAN

PARKING
NO
R
O
O
OT
O
O
O
R
T
R
T
O
O
O
R
T
R
T
YIELD
BLDG 2TYPE F
BLDG 1TYPE E
BLDG 6TYPE C
BLDG 3TYPE D
BLDG 4TYPE B
BLDG 5TYPE A
CP-3CP-4
CP-1
CP-2
CP-6
CP-5
CP-7CP-8
CP-14
CP-13
CP-16
CP-15
CP-18
CP-17 CP-19
CP-20
CP-21
CP-22
CP-10
CP-9
CP-11
CP-12

CLUBHOUSE
39'-7"
ARCH-A
ARCH-B
ARCH-A
ARCH-A
ARCH-A
ARCH-B
EV
EVEVEV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV

EV EV EV EV EV EV EV EV EV EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV
EV
Seal
Consultant

S H E E T
Client
Project Number:

Plan Check Number:
2019-585
#

VENTANA DUNCAN
CANYON PA1-A
DUNCAN CANYON RD. & CITRUS AVE.

FONTANA, CA 92336
CD 02/01/2023
© 2021 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO.

FRONTIER COMMUNITIES
2151 E. CONVENTION CENTER WAY #114
ONTARIO, CA 91764
TEL. (909) 354-8010
BICYCLE PARKING - 1 SPACE PER 4 UNITS (257x0.25 = 64)
TYPESHORT TERM 20%LONG TERM 80%
REQUIRED1450
PROVIDED14 - ON SITE134 - GARAGES
May/20/2024 11:42 AMdwg last saved:
sheet plotted:
drawing file name:

May/20/2024 @ 11:43 AM
r:\2019\2019-585 frontier ventana pa6 fontana\04 dd-cd\- apts\cad\2019-585_a1.0 site plans.dwgA1.0

ARCHITECTURAL SITE PLAN
1"=40'-0"
40' 80' 120'0 20'
NORTH
1 ARCHITECTURAL SITE PLAN (FOR REFERENCE ONLY)1" = 40'
TRANSFORMER, REFER TO CIVIL DRAWINGS.

SITE PLAN LEGEND

PROPERTY LINE

LOCATION OF FUTURE EV CHARGING STATION
INDICATES HANDICAP ACCESSIBLE ROUTE / PATH OF TRAVEL. THE ROUTE SHALL NOT EXCEED 5% IN THE DIRECTION OF TRAVEL AND 2% CROSS SLOPE. (5% CAN ONLY BE INCREASED TO 8.33% IF A RAMP WITH

HANDRAILS AND GUARDS IS PROVIDED)

SITE PLAN GENERAL NOTES

1. FOR HORIZONTAL CONTROL, SEE CIVIL DRAWING.

2. FOR SITE HARDSCAPE, SEE LANDSCAPE DRAWINGS.

3. FOR FIRE LANE DESIGN, SEE CIVIL AND LANDSCAPE DRAWINGS.

4. FOR PERIMETER FENCING, SEE LANDSCAPE DRAWINGS.

5. THIS SITE PLAN IS FOR REFERENCE ONLY, AS AN ARCHITECTURAL PLAN FOR GENERAL LAYOUT AND IDENTIFICATION PURPOSES ONLY.

6. REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR SPECIFIC SITE REQUIREMENTS.

7. ALL PROPERTY LINES, EASEMENTS, AND BUILDINGS, EXISTING AND PROPOSED ARE SHOWN ON THIS SITE PLAN BUT MUST BE VERIFIED WITH THE CIVIL PLANS.

8. BUILDING SIGNAGE IS DESIGNED BY OTHERS AND INSTALLED BY THE GENERAL CONTRACTOR.

9. SITE SIGNAGE IS DESIGNED BY OTHERS AND INSTALLED BY THE GENERAL CONTRACTOR. SIGNAGE IS A SEPARATE DEFERRED SUBMITTAL.

10. SITE WALLS ARE DESIGNED BY OTHERS.

11. DECORATIVE SITE LIGHTING IS DESIGNED BY OTHERS.

12. SURFACE WATER MUST DRAIN AWAY FROM BUILDING. SEE CIVIL AND LANDSCAPE PLANS FOR DRAINAGE DESIGN.

13. VEHICULAR SURFACES INCLUDING ENHANCED PAVEMENTS, WILL BE ENGINEERED TO

ACCOMMODATE THE WEIGHTS AND TURNING RADII OF PUBLIC SAFETY AND SERVICE VEHICLES.

14. ALL BUILDING PROJECTIONS WILL COMPLY WITH CITY SETBACK REQUIREMENTS.

15. REFER TO LANDSCAPE DRAWINGS FOR INFORMATION ON ALL GATES NOT DIRECTLY ATTACHED THE THE BUILDING.

16. REFER TO THE A2._ SERIES SHEETS FOR OCCUPANCY EXIT AND EGRESS PLANS

17. ACCESS CONTROL DEVICES. WHEN ACCESS CONTROL DEVICES, INCLUDING BARS,

GRATES, GATES, ELECTRIC OR MAGNETIC LOCKS OR SIMILAR DEVICES WHICH WOULD

INHIBIT RAPID FIRE DEPT EMERGENCY ACCESS TO THE BUILDING, ARE INSTALLED, SUCH DEVICES SHALL BE APPROVED BY THE FIRE AUTHORITY. ALL ACCESS CONTROL

DEVICES SHALL BE PROVIDED WITH AN APPROVED MEANS FOR DEACTIVATION OR UNLOCKING BY THE FIRE DEPT. ACCESS CONTROL DEVICES SHALL ALSO COMPLY WITH 2019 C.B.C. CHAPTER 10 FOR EGRESS.

18. REFER TO CIVIL PLANS FOR FINAL GRADE ELEVATIONS AND FINAL FINISH FLOOR ELEVATIONS TYPICAL THROUGHOUT.

19. PROTRUDING OBJECTS ON CIRCULATION PATHS WITHIN COMMON USE AREAS TO COMPLY WITH FHA ANSI 1998 SECTION 4.4, INCLUDING: (SEE ALSO: CBC 11A & 11B) a. PROTRUSION LIMITS: OBJECTS WITH LEADING EDGES MORE THAN 27” AND NOT MORE THAN 80” ABOVE THE FLOOR SHALL PROTRUDE 4” MAXIMUM HORIZONTALLY INTO WALKS, HALLS, CORRIDORS, PASSAGEWAYS, OR AISLES PER SECTION 4.4.1.

PROTRUDING OBJECTS SHALL NOT REDUCE THE CLEAR WIDTH REQUIRED FOR AN ACCESSIBLE ROUTE OR MANEUVERING SPACE.
b. POST MOUNTED OBJECTS: FREE-STANDING OBJECTS MOUNTED ON POSTS OR PYLONS SHALL BE PERMITTED TO OVERHANG 12” MAXIMUM WHEN LOCATED MORE THAN 27” AND NOT MORE THAN 80” ABOVE THE GROUND OR FINISHED FLOOR PER SECTION 4.4.1.
c. REDUCED VERTICAL CLEARANCE: WALKS, HALLS, CORRIDORS, PASSAGEWAYS, AISLES, OR OTHER CIRCULATION SPACES SHALL HAVE 80” MIN CLEAR HEADROOM PER SECTION 4.4.2. IF VERTICAL CLEARANCE OF AN AREA ADJOINING AN ACCESSIBLE ROUTE IS REDUCED TO LESS THAN 80” NOM DIMENSION, A GUARDRAIL OR OTHER BARRIER HAVING ITS LEADING EDGE AT OR BELOW 27” ABOVE THE FINISHED FLOOR SHALL BE PROVIDED. SEE DETAIL 7/A3.0.6.

20. PROTRUDING OBJECTS ON CIRCULATION PATHS WITHIN PUBLIC USE AREAS TO COMPLY WITH 2010 ADA STD SECTION 307, INCLUDING: (SEE ALSO CBC 11A & 11B) a. 2010 ADA STD SECTION 307.2: PROTRUSION LIMITS
b. 2010 ADA STD SECTION 307.3: POST-MOUNTED OBJECTS
c. 2010 ADA STD SECTION 307.4: VERTICAL CLEARANCE
d. 2010 ADA STD SECTION 307.5: REQUIRED CLEAR WIDTH SEE DETAIL 3/A3.0.7.

21. GROUND AND FLOOR SURFACES IN COMMON USE AREAS THAT ARE LOCATED ALONG

ACCESSIBLE ROUTES AND IN ACCESSIBLE ROOMS AND SPACES, INCLUDING FLOORS, WALKS, RAMPS, STAIRS, AND CURB RAMPS, SHALL BE STABLE, FIRM. AND SLIP RESISTANT AND SHALL COMPLY WITH ANSI 1998 SECTION 4.5.1. IN ADDITION, CHANGES

IN LEVEL ON GROUND OR FINISHED FLOOR SURFACES IN COMMON USE AREAS SHALL COMPLY WITH ANSI 1998 SECTION 4.5.2, AS WELL AS:
a. ANSI 1986 SECTION 4.5.3: CARPET b. 2010 ADA STD SECTION 302.3: OPENINGS. (SEE ALSO CBC 11A & 11B)

22. CHANGES IN LEVEL (INCLUDING FLOOR MATERIAL TRANSITIONS) IN PUBLIC USE AREAS SHALL COMPLY WITH 2010 ADA STD SECTION 303.1, INCLUDING: a. 2010 ADA STD SECTION 303.2: VERTICAL b. 2010 ADA STD SECTION 303.3: BEVELED c. 2010 ADA STD SECTION 303.4: RAMPS SEE DETAIL 3/A3.0.6. (SEE ALSO, CBC 11A & 11B)

23. CURB RAMP ON ACCESSIBLE ROUTES SHALL COMPLY WITH CBC 2016 SECTION 11B-406.

SEE DETAIL 6/A3.0.7. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION.

24.UNRESERVED PARKING SPACES FOR TENANTS. ALL UNRESERVED PARKING SPACES

SHALL REMAIN OPEN FOR FOR TENANTS OF THE PROJECT WHO DO NOT HAVE A RESERVED PARKING SPACE FOR THEIR USE AS PROVIDED HEREIN. THE LEASES FOR

TENANTS SHALL PROVIDE THAT TENANTS SHALL USE THEIR RESERVED PARKING SPACES FIRST BEFORE USING ANY UNRESERVED PARKING SPACES.

25.GUEST PARKING SPACES. THE GUEST SPACES SHALL BE MARKED WITH SIGNAGE AS "GUEST PARKING". THE GUEST PARKING SHALL BE DISTRIBUTED EVENLY THROUGHOUT THE PROJECT AS APPROVED BY CITY MANAGER.

26. APPLICANT SHALL NOT CHARGE ANY FEE TO PARK IN THE PROJECT.

27. GUEST PARKING SPACES. GUEST PARKING SPACES SHALL BE MARKED AS PERMANENT

GUEST PARKING SPACES AND MAY NOT BE ASSIGNED OR RESERVED FOR ANY TENANT, OCCUPANT, OR EMPLOYEE.

28. ADDRESS NUMBERS. STREET NUMBERS: APPROVED NUMBERS AND/ OR ADDRESSES

SHALL BE PLACED ON ALL NEW AND EXISTING BUILDINGS AND AT APPROPRIATE

ADDITIONAL LOCATIONS AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROADWAY FRONTING THE PROPERTY FROM EITHER DIRECTION OF APPROACH. SAID

NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND, AND SHALL MEET THE FOLLOWING MINIMUM STANDARDS AS TO SIZE: 4" HIGH WITH A 1 2" STROKE WIDTH AND BE

INTERNALLY ELECTRICALLY ILLUMINATED SO AS TO BE VISIBLE DURING THE HOURS OF DARKNESS FOR RESIDENTIAL BUILDINGS, 8" HIGH WITH A 1
2" STROKE FOR COMMERCIAL
AND MULTI-FAMILY RESIDENTIAL BUILDINGS, 12" HIGH WITH A 1" STROKE FOR INDUSTRIAL BUILDINGS. ADDITIONAL NUMBERS SHALL BE REQUIRED WHERE DEEMED

NECESSARY BY THE FIRE MARSHAL, SUCH AS REAR ACCESS DOORS, BUILDING CORNERS, AND ENTRANCES TO COMMERCIAL CENTERS. DIRECTORIES SHALL BE PROVIDED TO IDENTIFY BUILDINGS/ ADDRESSES.

29. ALL GARAGES TO BE PRE-WIRED FOR THE INSTALLATION OF A LEVEL 1 EV CHARGER UPON RESIDENT REQUEST.

30. BICYCLE RACKS TO BE INSTALLED IN 25% OF GARAGES AT INITIAL CONSTRUCTION.

ADDITIONAL RACKS WILL BE ADDED UPON REQUEST.

TYPE IBLDG #1

INDICATES BUILDING TYPE (-R INDICATES REVERSE BUILDING)

INDICATES BUILDING NUMBER
EV
INDICATES ACCESSIBLE PARKING STALL PER DETAIL 9/A1.3

INDICATES TRASH ENCLOSURE
T
ACCESSIBLE PARKING - UNASSIGNED/VISITOR (PER CBC 1109A.5) UNASSIGNED PARKING SPACES6
REQUIRED - 6 x .05 (5%) = .03 STALLS1
PARKING REQUIRED - PER SPA Resolution 21-823 - 9/14/2021 TYPENO. OF UNITS FACTORREQUIRED
TOTAL UNITS2571.80463
EV CHARGING REQUIRED - 463 x .10 (10%) = 46.3 STALLS47

PARKING PROVIDED

TYPEACCESSIBLEVAN

ACCESSIBLESTANDARD TOTAL
GARAGES10133 134
CARPORTS12121 124
OPEN STALL51184 190
PARALLEL0088
LEASING0156
TOTAL PROVIDED74451 462
EV CHARGING1092 93
UNASSIGNED EVCS - 1 STALL PER 11B-228.3.2. ALL OTHER EVCS ARE ASSIGNED.

ACCESSIBLE PARKING - RESIDENTIAL (PER CBC 1109A.3) ASSIGNED PARKING (1109A.4) GROUND FLOOR AND ELEVATOR SERVED UNITS TOTAL COVERED DWELLING UNITS57
REQUIRED - 57 DU x .02 (2%) = 1.14 STALLS (2)2
(MINIMUM - 1 OF EACH TYPE REQUIRED)
Carports
* Indicates disabled access stalls with access aisles. See site plan Carport IDType of
Const.

No. of
Stalls
Use/
Occupancy
Type of
Sprinklers
Distance
to Building
Carport
Area (S.F.)
CP-1 VB 4UN/A> 10'648
CP-2 VB6UN/A> 10'972
CP-3 VB 6UN/A> 10'972
CP-4 VB 6UN/A> 10'972
CP-5 VB 6UN/A> 10'972
CP-6 VB6UN/A> 10'972
CP-7 VB 4UN/A> 10'648
CP-8 VB 4UN/A> 10'648
CP-9 VB 4UN/A> 10'648
CP-10 VB 4UN/A> 10'648
CP-11 VB 4UN/A> 10'648
CP-12 VB 4UN/A>10'648
CP-13 VB 6UN/A>10'972
CP-14 VB6UN/A>10'972
CP-15 VB8UN/A>10'1,296
CP-16 VB 8UN/A>10'1,296
CP-17 VB8UN/A>10'1,296
CP-18 VB8UN/A>10'1,296
CP-19VB 4UN/A>10'648
CP-20 VB 4 UN/A>10'648
CP-21 VB 8 UN/A>10'648
CP-22 VB 8 UN/A>10'648

03.11.2022B
B
EXHIBIT "A"

DEVELOPER PROPERTY
PA-1A SITE PLAN
47 EXHIBIT “B”

DEVELOPER MAINTENANCE AREA
(PA-1A Landscape Plan)
48 STOPSTOPSTOPSTOP

STOPSTOP

STOPSTOPSTOP
YIELD
YIELD

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T ROOORT
ROOOT
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ELECTRICALFDC
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ELECTRICALFDC
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PA-1A BACKBONELANDSCAPE MAINTENANCE DIAGRAM
FRONTIER COMMUNITIES2851 E. Convention Center Way,Suite 114Ontario, CA 91764Phone: 949.354.8040 VENTANA PA-1ABACKBONEFONTANA, CA
CITRUS AVE.

VENTANA PA-1A ON-SITENOT A PART

DUNCAN CANYON ROAD
LEGENDPA-1A BACKBONE LANDSCAPE SCOPE OF WORKPA-1A BACKBONE LANDSCAPE MAINTENANCE AREANOT A PART OF BACKBONE LANDSCAPE SCOPE OF WORK N 00030601" = 60'
EXHIBIT BDEVELOPER MAINTENANCE AREA(PA-1A LANDSCAPE PLAN) 49 EXHIBIT “C”

LEGAL DESCRIPTION OF REMAINDER OF THE PROJECT
(Site Overview)

APNs:
0226-075-57-0000
0226-075-58-0000
0226-075-59-0000
0226-075-60-0000
1107-262-06-0000
1107-262-07-0000
1107-262-08-0000
0226-075-46-0000
1107-262-05-0000
1107-262-04-0000

50 15 - FREEWAY
TURF
TURF

TURFTURF
TURF
TURF
TURF

TURFTURF

TURFTURF
TRACT NO. 20018
DUNCAN CANYON RD.

CITRUS AVENUE
LYTLECREEK RD.

SCE EASEMENT

WVWDEASEMENT
APN1107-262-05
APN1107-262-58APN226-075-46APN1107-262-08APN1107-262-08APN1107-262-07APN1107-262-06APN 1107-262-04 TRACT NO. 20224
APN 1107-262-04
APN226-075-57APN1107-262-59
APN1107-262-60
JOHN PREVITI AVE.

VENTANA OVERALL SITE EXHIBIT
909.581.06762850 Inland Empire Blvd,Ontario, California 91764fuscoe.comSuite B

EXHIBIT C
51 VENTANA LEGAL DESCRIPTIONS

APN: 0226-075-57

Parcel 1, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-58

Parcel 2, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-59

Parcel 3, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-60

Parcel 4, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 1107-262-06

The Northwest ¼ of the Northeast ¼ Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the official plat of said land, approved by the Surveyor General date April 23, 1974.

Excepting therefrom the Northerly 380 feet of the Easterly 330 feet thereof;

Also Excepting therefrom that portion lying Southerly of the most Northerly line of the following described property:

That portion of the Northwest ¼ of the Northeast ¼ of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, lying within a strip of land 330 feet wide, the sidelines of said strip of land being 230.00 feet Northwesterly and 100.00 feet Southeasterly, measured at right angles respectively from the following described surveyed referenced line:

Beginning at a point in the East line of said Section 24, said point being South 1° 10’ 03” East 751.58 feet, measured along said East line from found 2 inch iron pipe at 52 the Northeast corner of said Section, said point also being North 1° 10’ 03” West 1888.29 feet, measured along said East line from a found “PK” Nail at the East ¼ corner of said Section 24;

Thence South 71º 13' 46" West 5516.12 feet to a point in the West line of said Section, said point being North 0° 50’ 30” West, 173.14 feet, measured along said West line from a found 1 inch iron pipe at the West ¼ corner of said Section 24, said point also being South 0° 50’ 30” East 2468.74 feet, measured along said West line from a found County Surveyor’s monument at the Northwest corner of said Section.

Also Excepting therefrom that portion as described in final order of Condemnation by the State of California, recorded September 10, 1976 in Book 9009 Page 656, Official Record, records of said County, more particularly described as follows:

Beginning at a ¾ inch pipe marking the North ¼ corner of said Section;

Thence along the North line of said Section North 89° 21’ 55” East 985.99 feet to a point on the West line of the Easterly 330 feet of said Northwest ¼ of said Northeast ¼;

Thence along said West line South 0° 45’ 40” East 202.98 feet to a point on a non- tangent curve concave Northwesterly having a radius of 1033 feet;

Thence Southwesterly along said curve from a tangent bearing of South 44º 34' 17" West, through an angle of 21° 28’ 12” a distance 387.09 feet;

Thence South 66° 02’ 29” East 424.08 feet to the beginning of a tangent curve to the left having a radius of 2967 feet;

Thence Southwesterly along said curve, through an angle of 5° 53’ 34”, a distance of 305.15 feet to the West line of said Northeast ¼; Thence along said West line North 1° 11’ 24” West 721.41 feet to the Point of Beginning.

Reserving unto the City of Fontana its rights for street, highway and public utility purposes per that certain Grant Deed recorded on February 8, 2016, Document No. 2016-0049799, Official Records, records of said County.

APN: 1107-262-07

The Northerly 380 feet of the Easterly 330 feet of the Northwest ¼ of the Northeast ¼ of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the official plat of said land.

53 Excepting therefrom that portion described in the deed to the State of California recorded March 17, 1975 in Book 8636, Page 3, Official Records, records of said County.

APN: 1107-262-08

The Northeast 1/4 of the Northeast 1/4 of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to United States Government Township Plat approved by the Surveyor General, November 13, 1885.

Excepting therefrom all that portion of said Northeast 1/4 lying Southerly of the Northerly line of the property conveyed to Southern Surplus Realty Co., recorded in Book 8285, Page 65, Official Records, records of said County.

APN: 1107-262-04

The North half of the North half of the Southeast quarter of the Northwest quarter, and the North half of the North half of the Southwest quarter of the Northeast quarter of Section 24, Township 1 North, Range 6 West, San Bernardino Base and Meridian, according to United States Government Township plat thereof.

Excepting therefrom that portion of’ land conveyed to Southern Surplus Realty Co., a California Corporation by grant deed recorded August 7, 1973, in Book 8241,

Page 46 ends

Also excepting therefrom that portion of land conveyed to the State of California by grant deed recorded November 13, 1974, in Book 8556 Page 107, Official Records San Bernardino County, California.

Excepting therefrom an undivided 1/2 interest in oil, gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder, without the right by the grantor to enter upon the surface of, in, under or across the same, the subsurface to a depth of 500 feet measured in a vertical direction from the earth surface of said land for the exploration, developing, extracting or removing any oil, gas or other hydrocarbons or minerals found therein, as reserved in the deed from Cucamonga Winery, a Corporation, to Frank Sinatra, recorded May 16, 1956, in Book 3939, Page 504, Official Records.

APN: 1107-262-05

The Northeast 1/4 of the Northwest 1/4 of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the Official Plat of said land approved by the Surveyor General.

54 Except therefrom that portion conveyed to San Bernardino County Flood Control District by Final Order of Condemnation, Case No. 152410, Superior Court of the State of California, recorded July 10, 1972 in Book 7973, Page 492, Official Records.

Also except therefrom that portion lying northwesterly of the southeasterly line of the land conveyed to the State of California, acting by and through the Department of Transportation by Final Order of Condemnation, Case No. 162631, Superior Court of the State of California, recorded July 20, 1976 in Book 8846, Page 698, Official Records

APN: 0226-075-46

Parcel “B”

That portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and a portion of the Southeast 1/4 of the Southeast 1/4, both of Section 13, Township 1 North, Range 6 West, San Bernardino Meridian, according to Government Survey, in the City of Fontana, County of San Bernardino, State of California, further described as follows:

Said portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 13, is described as follows:

The Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 13, excepting therefrom, that portion conveyed to the State of California by deed recorded January 31, 1974 in Book 8359, Page 17, Official Records, described as follows:

Commencing at a 3/4 inch iron pipe marking the South 1/4 corner of said Section 13; thence North 89°21'55" East along the South line of said Section 13, 657.90 feet to the West line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and the point of beginning; thence North 00°22'13" East along said West line, 660.00 feet to the North line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence North 89°22'00" East along said North line, 594.97 feet to a point on a non- tangent curve, said curve being concave Southeasterly; with a radius of 2942.00 feet; thence Southwesterly along said curve from a tangent bearing of South 33°55’56" West, 596.43 feet through a central angle of 11°36'56”, to the beginning of a tangent compound curve to the left, with a radius of 50.00 feet; thence Southeasterly along said curve, 92.61 feet through a central angle of 106°07'27", thence South 83°48'27” East, 145.45 feet; thence North 89°21'56" East, 154.46 feet to the East line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence South 00°26'36" West along said East line, 51.49 feet to said South line of Section 13; thence South 89°21'55" West along said South line, 658.09 feet to the true point of beginning.

Also except therefrom, that portion of the Easterly 299.26 feet of the Southerly 100.20 feet of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 as 55 measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

Also except therefrom, all oil, gas and other hydrocarbon substances below a depth of 500 feet below the surface of said land without the right of surface entry from said land for any purpose.

Said portion of the Southeast 1/4 of the Southeast 1/4 of Section 13 is described as follows:

Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 13, thence North 89°21'55° East along the South line of said Section 13, 420.75 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 206.25 feet, thence South 89°21'55" West parallel with the South line of said Section 13, 72.50 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 159.87 feet; thence South 89°21'55" West parallel with the South line of said Section 13, 348.25 feet to the West line of said Southeast 1/4 of the Southeast 1/4; thence South 00°26'36" West along said West line, 366.12 feet to the point of beginning.

Excepting therefrom, the Southerly 100.20 feet as measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

END
56 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3285 Agenda Date: 10/8/2024
Agenda #: D. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Authorize the Purchase of Two (2) Altec AT37G Aerial Trucks. And One (1) Altec LR860-E70 Aerial Truck.

RECOMMENDATION:

2. Approve the Non-Competitive Proposal method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Public Works/Engineering Department, Parks & Landscape Division is responsible for the maintenance of trimming the trees in the city and the hanging of banners. This aerial truck is an essential piece of equipment needed to respond to emergency callouts due to adverse weather. The Department is requesting to purchase One (1) Altec LR860-E70 to comply with the mandate ordered by CARB (California Air Resource Board) and SCAQMD (South Coast Air Quality Management District) concerning Rule 1196. The selected aerial truck is being recommended for purchase after a comprehensive review process by Department staff. The aerial equipment will be mounted on a Ford F-750 chassis.

The Public Works Department, Traffic Engineering Division is responsible for the maintenance and repair of the city’s traffic infrastructures. The aerial truck is an essential piece of equipment needed to maintain traffic signals. The department is requesting the addition of One (1) Altec AT37G for a position, Traffic Signal Maintenance Technician II that was approved by the City Council. The selected aerial truck is being recommended for purchase after a comprehensive review process by Department staff The aerial equipment will be mounted on a Ford F-550 chassis.

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57 File #: 21-3285 Agenda Date: 10/8/2024
Agenda #: D. Category: Consent Calendar
The Public Works/Engineering Department, Support Services Division is responsible for the maintenance and repair of the city buildings and infrastructures. The aerial truck is an essential piece of equipment needed to maintain lighting and equipment. This is a replacement unit of One (1) Altec AT37G for Unit # 1705S. The selected aerial truck is being recommended for purchase after a comprehensive review process by Department staff. The aerial equipment will be mounted on a Ford F-550 chassis.

Fontana City Code Article V- Purchasing Section 10-152(4) authorizes bidding to be exempt since the competitive bidding was already conducted by another agency. Staff is recommending that City Council authorize this purchase between Altec and the City, and to “piggyback” off the Sourcewell Contract #110421-ALT for these aerial trucks.

FISCAL IMPACT:

Funding in the amount of $552,722.92 for the purchase of Two (2) AT37G and One (1) LR860-E70 vehicles have been approved in the FY 2024/2025 budget as part of the Fleet Services capital replacement, in Account No. 75137306.8319.

MOTION:

Approve staff recommendation
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58 110421-ALT

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Solicitation Number: RFP #110421

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Altec Industries, Inc., 210 Inverness Center Drive, Birmingham, AL 35242 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Public Utility Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 27, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

Except as expressly agreed in the participating addendum or transaction document with the participating entity, all Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all new Equipment, Products, and Services furnished (which does not include equipment or products that are solely financed) are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;

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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized

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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions for the direct purchase of new equipment or products must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

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7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and

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Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission or willful misconduct in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and

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promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

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D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

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1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

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3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or

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“work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

73 110421-ALT

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

74 110421-ALT

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

75 110421-ALT

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Altec Industries, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Riley Browne
Title: Chief Procurement Officer Title: Contract Specialist

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc.

91 Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc.

Exceptions to Terms, Conditions, or Specifications Form

Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents

Ensure your submission document(s) conforms to the following :

1. Documents in PDF format are preferred. Documents in ord, Excel, or compatible formats may also be provided.

. Documents should NOT have a security password, as Sourcewell may not be able to open the file. t is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blan and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. f you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. f the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Mar eting Plan category save the document as "Mar eting Plan."

Pricing - Price Lists.zip - Thursday November 04, 0 1 1 : 8:47 Financial Strength and Stability - Financial Strength and Stability.zip - Thursday November 04, 0 1 1 : 9:41 Mar eting Plan/Samples - Mar eting Plan - Samples.zip - Thursday November 04, 0 1 1 :3 :

M E/M E/S E or elated Certificates (optional)
arranty nformation - arranty - Documents.pdf - Thursday November 04, 0 1 1 :3 :56 Standard Transaction Document Samples - Standard Transaction Document Samples.zip - Thursday November 04, 0 1 1 :35:18 pload Additional Document - Altec Capital Sourcewell Proposal.docx - Thursday November 04, 0 1 1 :35:40

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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc.

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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc.

94 Quote Number: 1668392
Opportunity Number: 24119252
Sourcewell Contract #:110421-ALT
Date: 9/5/2024

REFERENCE ALTEC MODEL
Sourcewell
Price
Overcenter Articulating Aerial Device (Insulated) $261,298 (A.)
1 2
3 4
(A1.)
1 LIC CA Fee To Process Exempt License Plate Request $139 2 3
4 5
6 7
8 9
10 SOURCEWELL OPTIONS TOTAL:$261,437
(B.)
1 UNIT $0
2 UNIT & HYDRAULIC ACC $0
3 BODY Stock Body $2,453
4 BODY & CHASSIS ACC $0
5 ELECTRICAL $0
6 FINISHING $0
7 CHASSIS 2025 F750 Gas -$30,557
8 OTHER Altec Model Year Price Adjustment -$26,413
OPEN MARKET OPTIONS TOTAL:-$54,517
SUB-TOTAL FOR UNIT/BODY/CHASSIS:$206,920.00
Delivery to Customer:$10,197.00
Estimated Taxes (Delivery non-taxable): $16,036.30
FET:

CA Tire Fees: $10.50
5-yr TLME Extended Warranty:$7,460.00
TOTAL FOR UNIT/BODY/CHASSIS:$240,623.80
(C.)
1 2
3 4
Altec Industries, Inc.

SOURCEWELL OPTIONS ON CONTRACT (Unit)
SOURCEWELL OPTIONS ON CONTRACT (General)
OPEN MARKET ITEMS (Customer Requested)
ADDITIONAL ITEMS (items are not included in total above) LR860-E70
Quoted for: City of Fontana
Customer Contact:

Phone: / Email:
**Pricing valid for 45 days**
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified Quoted by: Abbott Gaddy
Altec Account Manager: Troy Dentzer
Phone: / Email:

PRICING: Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date. Quotes and orders with chassis model year beyond the current open order bank, should be considered estimates only. Altec's turn-key pricing is subject to change in accordance with chassis pricing received from the OEM. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM and that chassis price difference will be passed through to the customer.

BUILD LOCATION: Creedmoor
WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) TRADE-IN: Please ask your Altec Account Manager for more information CHASSIS: Per Altec Commercial Standard
DELIVERY: No later than 1-3 months ARO, FOB Customer Location TERMS: Net 30 days
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.

TO ORDER: To order, please contact the Altec Account Manager listed above.

City of Fontana - LR8-60E70 F750 GAS 4x2 Auto - SW - 1668392 95 Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 1 of 10 ends

September 16, 2024
Our 95th Year

Ship To: Bill To:

CITY OF FONTANA

CORPORATE YARD
16489 ORANGE WAY
FONTANA, CA 92335
US

Attn: ERIC NINEMIRE
Phone: 760-9123723
Email: [email protected]

CITY OF FONTANA
8353 SIERRA AVE
FONTANA, CA 92331
United States

Altec Quotation Number: 1668387 - 1
Account Manager: Troy Dentzer
Technical Sales Rep: Kade Fulkerson

Item Description Qty Price

Unit

1. AT37G Unit Model 1

2. ALTEC Model AT37G telescoping/articulating continuous rotation aerial device with an insulating articulating arm, insulating telescopic upper boom, and the patented ISO -Grip insulating system at the boom tip. Includes the following features:
1 A. Ground to bottom of platform height: 37.8 feet
B. Working height: 42.8 feet
C. Maximum reach to edge of platform. Side Mounted Platform: 26.6 feet. End Mounted Platform: 28.3 feet (at 14.4 foot platform height).

D. Telescopic boom extension: 9 feet 8 inches
E. Continuous rotation
F. Insulating Aerial Device, ANSI Category C, 46kV and Below G. Articulating Arm: Articulation is from -7 to 90 degrees. Insulator provides 12 inches of isolation.

H. Compensation System: By raising the articulating arm only, the telescopic boom maintains its relative angle in relation to the ground. The work position is achieved through a single function operation.

I. Telescoping upper boom: Articulation is from -25 to 75 degrees.

J. Master/ Slave Leveling: Platform automatically maintains level during boom articulation through a lifetime master/slave hydraulic leveling system that requires no major preventive maintenance.

K. The INSULATING UPPER CONTROL SYSTEM includes a single handle controller incorporating high electrical resistance components that is dielectrically tested to 40 kV AC with no more than 400 microampers of leakage. The control handle is green in color to differentiate it from other non-tested controllers.

L. One set of tool outlets at the platform providing up to 5 gpm of flow for open center tools
96 Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 2 of 10 ends

Item Description Qty Price

M. Hydraulic System: Open center system operating at 5gpm and 2,400 psi.

N. Unit is painted with a powder coat paint process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion.

O. Structural Warranty all of the following applicable major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables.

P. Manuals: Two (2) operator and Maintenance/Parts manuals

3. Poly Hydraulic Reservoir, Pedestal Mounted, 7 Gallon (Includes Sight Gauge) 1

4. Post style pedestal mounting 1

5. Single, One (1) Man, Fiberglass Platform; End Mounted with 180 degree rotator. 24 x 30 x 42 inches, includes hydraulic tilt.
1 6. Platform Capacity, 400LBS. 1

7. Two (2) Platform Steps 1

8. Soft nylon reinforced vinyl platform cover for a 24 x 30 inch platform 1

9. Platform liner for a 24 x 30 x 42 inch platform 1

10. Altec Patented ISO-Grip Insulating 4 Function, Proportional Speed, Upper Control Handle - with safety interlock and interlock guard. Forward/back operates upper boom in/out, tiller operates rotation CW/CCW, up/down operates lower boom up/down, and twist operates articulating arm up/down. Platform leveling is controlled with a separate interlocked control handle.
1 11. Manual lowering valve located at the boomtip. For use in emergency situations to allow the operator to lower the boom to the ground
1 12. Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. This feature allows the operator to completely stow the booms and platform. Secondary Stowage & Start/Stop is activated with an air plunger at the platform and switch at the lower control station. 1 13. Powder coat unit Altec White. 1

Unit & Hydraulic Acc.

14. HVI-22 Hydraulic Oil (Standard). 9

15. Standard Pump For PTO 1
97 Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 3 of 10 ends

Item Description Qty Price

16. Hot shift PTO for automatic transmission 1

Body

17. 108 Inch Universal Small Aerial Body for a 60 Inch CA Chassis with 38 Inch Long Side Access Tailshelf to Meet the Following Specifications:
1 A. Basic body fabricated from A40 grade 100% zinc alloy coated steel B. All doors are full, double paneled, self-sealed with built-in drainage.

C. Stainless steel hinge rods extend full length of door.

D. Door hinges are zinc alloy material attached with rivets E. All doors contain stainless steel, flush mounted, paddle activated rotary style latches with two-stage locking, including keyed locks and adjustable strikers.

F. Heavy-gauge welded steel frame construction with smooth galvaneal floor.

G. Possible contact edges are folded for safety.

H. Door header drip rail at top for maximum weather protection.

I. Neoprene or rolled fenders on wheel fender panels.

J. Steel treated for improved primer bond and rust resistance.

K. Automotive underseal applied to body.

L. Automotive type non-porous door seals fastened to the door facing.

M. 108 Inch Body Length
N. 40 Inch Body Height (Standard)
O. 94 Inch Body Width (Standard)
P. 20 Inch Body Compartment Depth (Standard)
Q. 8 Inch Body crossmembers (Standard)
R. No Treadplate On Compartment Tops
S. 6 Inch tall wooden tailboard installed at the rear of body cargo area T. Stainless Steel Rotary Paddle Latch With Lock (Standard) U. Master Body Locking System (Standard)
V. One (1) wheel chock holder installed in fender panel on each side of body.

W. Gas Shock Type Rigid Door Holders For Vertical Doors (Standard) X. Chains On Horizontal Doors
Y. Hotstick shelf extending full length of body on Curbside.

Z. Drop-Down Hot Stick Door For One (1) Shelf (Right Side) AA. Two (2) Hot Stick Brackets
AB. 1st Vertical Streetside (LH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers
AC. 1st Horizontal Streetside (LH) - One (1) Fixed Shelf With Removable Dividers On 8 Inch Centers
AD. Rear Vertical Streetside (LH) - Six (6) Adjustable Locking Swivel Hooks AE. 1st Vertical Curbside (RH) - Seven (7) Adjustable Locking Swivel Hooks, Louvered Panel Installed in Cargo Wall
AF. 1st Horizontal Curbside (RH) - Vacant
AG. Rear Vertical Curbside (RH) - Two (2) Adjustable Shelves With Removable 98 Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 4 of 10 ends

Item Description Qty Price

Dividers On 4 Inch Centers
AH. One (1) Small Bolt-On Grab Handle Installed At Rear Of Curbside Compartments AI. 38 Inch Tailshelf with Integrated Side Access Steps and Smooth Galvaneal Floor Installed at Rear of Body. Includes One (1) U-Shaped Grab Handle.

Body and Chassis Accessories

18. Underride Protection 1

19. Combination 2 Inch Ball (10,000 LB MGTW) And Pintle Hitch (16,000 LB MGTW) 1

20. Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device mount. 1

21. Front Torsion Bar Installed On Chassis 1

22. Rear Torsion Bar Installed On Chassis 1

23. Appropriate counterweight added for stability. 1

24. Platform Rest, Rigid with Rubber Tube 1

25. Platform to be side stowed 1

26. Boom Rest for a Telescopic Unit 1

27. Mud Flaps With Altec Logo (Pair) 1

28. Wheel Chocks, Rubber, 9.75'' L x 7.75'' W x 5.00'' H, with 4'' L Metal Hairpin Style Handle (Pair)
1 29. Slope Indicator Assembly For Machine Without Outriggers 1

30. Safety Harness And 4.5' Lanyard (Fits Medium To Xlarge) Includes Pouch and Placards 1

31. 5 LB Fire Extinguisher With Light Duty Bracket, Installed (In Cab or Inside Compartment Only)
1 32. Triangular Reflector Kit, Shipped Loose 1

33. Vinyl manual pouch for storage of all operator and parts manuals 1

34. Rock Guards, Lexan, Installed Each Front Corner Of Body 1

99 Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 5 of 10 ends

Item Description Qty Price

Electrical Accessories

35. Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, including LED reverse lights)
1 36. Altec Standard Amber LED Strobe Light With Brush Guard Post Mounted On Streetside Front Compartment Top
1 37. Single tone back up alarm installed between the chassis frame rails at the rear of the chassis. To work in conjunction with chassis reverse drive system 1 38. 6-Way Trailer Receptacle (Pin Type) Installed At Rear 1

39. Ford Upfitter Switches (Supplied with Chassis) 1

40. Power Distribution Module (PDM-6) is a compact self-contained electronic system that provides a standardized interface with the chassis electrical system. (Includes Operator's Manual)
1 41. Install secondary stowage system. 1

42. PTO Indicator Light Installed In Cab 1

Finishing Details

43. Powder Coat Unit Altec White 1

44. Finish Paint Body Accessories Above Body Floor Altec White 1

45. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D -rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc. Components mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 1 46. Apply Non-Skid Coating to all walking surfaces 1

47. English Safety And Instructional Decals 1

48. Vehicle Height Placard - Installed In Cab 1

49. Placard, HVI-22 Hydraulic Oil 1

50. Dielectric test unit according to ANSI requirements. 1 100

Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 6 of 10 ends

Item Description Qty Price

51. Stability test unit according to ANSI requirements. 1

52. Focus Factory Build 1

53. Delivery Of Completed Unit 1

54. Inbound Freight 1

55. As Built Electrical And Hydraulic Schematics To Be Included In The Manual Pouch 1

56. Stock Unit 1

57. Stock Unit Sold To Customer 1

Chassis

58. Altec Supplied Chassis 1

59. Altec Stock Chassis 1

A. 2025 Model Year
B. Ford F550
C. Class V (16,001-19,500 LBS)
D. Chassis Color - White
E. Regular Cab
F. 4x2
G. 60 Clear CA (Round To Next Whole Number)
H. 145 Wheelbase
I. 18,000 LBS GVWR
J. 6,500 LBs Front Axle Rating
K. 13,660 LBs Rear Axle Rating
L. Ford 6.7L Power Stroke Diesel
M. Ford Torqshift 10-Speed Automatic Transmission (w/PTO Provision) N. Ford E/F250-550 Single Horizontal Right Side Exhaust O. 98R - Operator Commanded Regeneration (OCR)
P. 50-State Emissions
Q. Clean Idle Certification
R. No Idle Engine Shut-Down Required
S. Hydraulic Brakes
T. Park Brake In Rear Wheels
U. Ford 40 Gallon Fuel Tank (Rear)
V. Ford 7.2 Gallon DEF Tank (Mid Mount)
101

Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 7 of 10 ends

Item Description Qty Price

W. 63C - Aft Axle Frame Extension
X. Power Door Locks
Y. Power Windows
Z. Power Mirrors
AA. Keyless Entry
AB. Bluetooth
AC. Cruise Control
AD. Block Heater
AE. Snow Plow Package

Additional Pricing

60. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty 1 61. Administration Fees 1

62. Documentation Fees 1

63. State Tire Tax 1

64. Third Party Titling 1

Miscellaneous

65. Ext Warranty, Travel, Labor, Material and Expense, 5 Year Total (4 Year Extended), Category 2
1 QTY 2 Unit / Body / Chassis /
Delivery Total
136,237.00
Estimated Taxes Total 12,522.06
5yr TLME EW 5,616.00
Estimated CA T&R Fees
Total
Total Qty 2
1,674.50
156,049.56
312,099.12
102

Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 8 of 10 ends

Altec Industries, Inc.

Kade Fulkerson

Notes:
1 Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date.

For a quoted chassis model year beyond the current open order bank, chassis model year, specifications and price should be considered estimates only and subject to change. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM.

2 Estimated Delivery: months after receipt of order PROVIDING:

A. Customer supplied chassis (if applicable) is received a minimum of sixty (60) days before scheduled delivery.

B. Customer approval drawings are returned by requested date.

C. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.

D. Customer expectations are accurately captured prior to major components being ordered (body, chassis) and line set date. Unexpected additions or changes made after this time or at a customer inspection will delay the delivery of the vehicle.

Estimated Delivery is based on information at time of quote and is subject to change.

Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process.

3 This quotation is valid until SEP 22,2024. After this date, please contact Altec Industries, Inc. for a possible extension.
4 F.O.B. - #FOB_TERMS#
5 Interest charge of 1/2% per month to be added for late payment. 6 FINANCING AVAILABLE: Please contact Altec Capital at (888) 408-8148 or email [email protected] for more information.
7 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing.

8 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 9 Any payment made by a credit card may be subject to a surcharge fee. 10 Altec Standard Warranty:

One (1) year parts warranty.

One (1) year labor warranty.

103

Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 9 of 10 ends

Ninety (90) days warranty for travel charges.

Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables.

Altec is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit.

Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts

Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards 11 Altec Extended Warranty Option:

An Altec Extended Warranty is an extension of Altec's Limited Warranty and protects you from the repair cost associated with defects of materials and workmanship after the standard Limited Warranty expires.

Altec offers many types of coverages and coverage packages. Ask your Altec account manager for details.

Quotes are available upon request.

12 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in -shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs.

13 Trade-in offer is conditional upon equipment being maintained to DOT (Department of Transportation) operating and safety standards and remaining in compliance of DOT until arrival at an Altec Facility. This will include, but is not limited to engine, tires, lights, brakes, glass, etc. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with unit unless otherwise agreed upon in writing by both parties.

ALTEC Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met.

All reasonable and necessary expenses required of ALTEC Industries to execute transportation of the trade-in will be invoiced to the customer for payment if these conditions are not met to maintain DOT standards.

Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time ALTEC Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order unless other arrangements have been made.

14 The final fully loaded weight of the truck and structural ratings of the hitch assembly may reduce the towing capacity and the vertical load capacity of the finished truck. These capacities may not match the ratings of the chassis or hitch.

15 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would encourage you to consider the following items:

Outrigger pads (When Applicable)
Fall Protection System
Fire extinguisher/DOT kit
Platform Liner (When Applicable)

104

Quote Number: 1668387 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Page 10 of 10 ends

Altec Sentry Training
Wheel Chocks

The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these items have not been listed as priced options with an item number in the body of your quotation and are required by your company, we would encourage you to contact your Altec Account Manager and have an updated quote version sent to you. These options must be listed with an item number in the quotation for them to be supplied by Altec.
16 Altec values your data privacy. The Altec Family of Companies (including Altec, Inc., and it's subsidiaries) may collect telematics data from the equipment you own. Please review Altec's Equipment Data Privacy Notice on www.altec.com for more information. By purchasing equipment from Altec, you consent to Altec's right to collect and use such data.

17 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price.

Selected options will change the quote total. Any options added after initial order will be re -quoted.

105
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3288 Agenda Date: 10/8/2024
Agenda #: E. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid for Vehicle Annual Purchases, Service, and OEM Parts Contract, PW-22-244-SP RECOMMENDATION:

Award bid (PW-24-244-SP) and authorize the vehicle purchases, service, and OEM parts for two (2) years with three (3) optional annual renewals to the following bidders:
a. Bakersfield Dodge
b. Claremont Toyota
c. Crown Toyota
d. Fontana CDJR Dodge
e. Guaranty Chevrolet Motors Inc.
f. Victorville Chevrolet
COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Enhance the local environment for future generations and create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate-friendly.

DISCUSSION:

The Public Works/Engineering Department, Support Services Division is responsible for the purchase and maintenance of the city fleet, including the police department. The current fleet inventory is approximately 510 vehicles and equipment with vehicles encompassing sedans, pickup trucks, sport utility vehicles (SUV), electric, and police patrol units. The city approximately purchases 40 to 60 vehicles annually.

In accordance with the City’spurchasing policies, staff solicited proposals for the purchase of new and used vehicles, service, and OEM parts. Bidders were required to provide pricing based on the dealer’smarkup over the invoice for all types of vehicles. One hundred fifty-four (154) vendors were notified of the bid. Bid packets were downloaded/received by twenty-six (26) vendors and we received six (6) responses. Nineteen (19) Fontana vendors were notified, and One (1) Fontana vendor was received.

Currently, the city has Sunrise Ford under contract for Ford vehicles and police interceptor vehicles.

Staff recommends expanding the types of vehicle manufacturers and award the bid to all six (6) bidders for vehicle purchases, service, and OEM parts be awarded to the bidders listed above. By awarding to multiple bidders will provide the city with a better purchasing power and time savings of staff resources for obtaining vehicles. The bidders would also provide low mileage inventoried used City of Fontana Printed on 10/3/2024Page 1 of 2
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File #: 21-3288 Agenda Date: 10/8/2024
Agenda #: E. Category: Consent Calendar
staff resources for obtaining vehicles. The bidders would also provide low mileage inventoried used vehicles, regardless of make for special operation assignments.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item shall not exceed the annual amount approved in the Fleet Operations (Fund 751). Vehicles, service, and parts are all purchased throughout the fiscal year on an as-needed basis.

MOTION:

Approve staff recommendation.

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Bid Award
Vehicle Annual Purchase, Service, and OEM
Parts
PW-24-244-SP

Bakersfield Dodge
Bakersfield, CA

Claremont Toyota
Claremont, CA

Crown Toyota
Ontario, CA

Fontana CDJR
Fontana, CA

Guaranty Chevrolet Motors, Inc.

Santa Ana, CA

Victorville Chevrolet
Victorville, CA

108

8353 SIERRA AVENUE, FONTANA, CA 92335
www.fontanapurchasing.org
City of Fontana
Purchasing Office

July 9, 2024

TO: Armando Martinez, Public Works Manager
FROM: Ticha Loera, Purchasing Specialist

SUBJECT: RECAP OF BID PW-24-244-SP, VEHICLES – ANNUAL PURCHASES,

SERVICE, AND OEM PARTS CONTRACT

The bid for the above-named project was opened electronically at 2:00 P.M. on July 16, 2024. One hundred fifty -four (154) bidders were notified of the bid. Bid packets were downloaded/received by twenty-six (26) vendors and we received six (6) bid responses.

Nineteen (19) Fontana vendors were notified. One (1) Fontana vendor response was received. After evaluating the vendor responses, the Purchasing Office is recommending Bakersfield Dodge, Clarem ont Toy ota, Crown Toyota, Fontana CDJR, Guaranty Chevrolet Motors Inc., and Victorville Chevrolet Fleet Dept as they are the best value for the City.

If you agree with the Purchasing Office ’s recommendation, please forward, at your earliest convenience, an Action Report to Fontana City Council for their concurrence with the recommendation.

If you have any questions, please contact me at x6696.

cc: Purchasing File

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3298 Agenda Date: 10/8/2024
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No. 20010 (In-tract Improvements) for the Narra Hills Project, formerly known as Monarch Hills
RECOMMENDATION:

Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, located along Coyote Canyon Road (formerly Lytle Creek Road) and north of Duncan Canyon Road.

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

DISCUSSION:

Tract No. 20010 is located along Coyote Canyon Road and north of Duncan Canyon Road. As a requirement of the Subdivision Map Act and as a condition of development, LS Fontana, LLC posted bonds to secure 100% of the installation of public infrastructure for the residential tract. Currently, the developer has completed majority of the public infrastructure.

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

Tract No. Bond No. Bond Amount Reduce To
20010 (In-tract Improvements) PB03010408619 $1,384,641.0 0 $276,928.20
FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3314 Agenda Date: 10/8/2024
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Execute a Temporary Easement Deed with North Fontana Investment Company, LLC.

RECOMMENDATION:

Approve and authorize the City Manager to execute a Temporary Easement Deed with North Fontana Investment Company, LLC for the Ventana Project.

DISCUSSION:

On September 13, 2022, the City Council adopted Ordinance No. 1902, an Ordinance of the City Council of the City of Fontana Approving Specific Plan Amendment No. 21-001, an Amendment to the Ventana at Duncan Canyon Specific Plan to modify and update the overall Specific Plan by establishing new planning areas and updating Specific Plan Development Standards. The proposed Specific Plan Amendment established six new planning areas with four different zoning classifications which include medium density residential, high density residential, mixed-use, and commercial.

The developer was required to construct a drainage inlet to accept offsite stormwater from areas of the north of Citrus Avenue, as determined in the approved drainage study for the Storm Drain Backbone for the Ventana at Duncan Canyon Specific Plan. Currently, offsite stormwater flows directly onto Citrus Avenue.

Due to limited street right-of-way availability and to mitigate these flows, the drainage inlet needs to be built on property owned by the North Fontana Investment Company, LLC (NFIC). Once the inlet is constructed and accepted by the City, the City will operate and maintain the inlet temporarily. When NFIC constructs the ultimate storm drain system north of Citrus Avenue, the drainage inlet will no longer be necessary, and the City will quitclaim the easement deed as necessary.

FISCAL IMPACT:

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

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File #: 21-3314 Agenda Date: 10/8/2024
Agenda #: G. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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16498.00170\42582645.1

RECORDING REQUESTED BY:

City of Fontana
Engineering Department
8353 Sierra Avenue
Fontana, CA 92335

AND WHEN RECORDED MAIL TO:

City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 27383 (SPACE ABOVE FOR RECORDER’S PURPOSE) NO DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922 Portion of APN: 023908134

GRANT OF TEMPORARY EASEMENT DEED
NORTH FONTANA INVESTMENT COMPANY LLC, a Delaware Limited Liability Company (referred to herein as "Grantor''), is the owner in fee of certain real property located in the City of Fontana, County of San Bernardino, State of California, legally described in EXHIBIT A attached hereto and as depicted on the plat attached hereto as EXHIBIT B (hereinafter referred to as the "Property").

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to the CITY OF FONTANA, a California municipal corporation (the "Grantee", hereinafter referred to as "City"), its successors and assigns, a temporary easement in, on, over, under, and across the Property (“Easement”), for the purposes of maintaining a temporary water drainage inlet, riprap and associated fence (the “Temporary Improvements”) until such time as Grantor finalizes construction of a permanent drainage system therein (the “Permanent Improvements”) to replace the Temporary Improvements. The Easement interest shall include, without limitation, the right and privilege of City and its respective employees, agents, representatives, contractors, subcontractors, assignees and workmen to: (i) access Property; (ii) perform all activities as may be necessary to facilitate the purposes of the Easement (iii) temporarily place and operate tools, equipment, machinery and materials on the Property; and (iv) trim, cut, or clear away any trees, brush or other vegetation or flora, including the roots thereof, in City’s discretion, located within the Property.

Grantor shall provide City with written notice of the completion of construction of the Permanent Improvements. Following receipt of that Grantor’s written notice, City shall have sixty (60) days to remove, or shall cause to be removed, all the Temporary Improvements from the Property at its sole cost and if not so removed, then Grantor may complete that removal and the City shall reimburse Grantor fair and reasonable costs for such removal, within thirty (30) days of its written demand for payment.

City shall execute and record a quitclaim deed releasing this Easement within thirty (30) days after the removal of the Temporary Improvements from the Property. 158
16498.00170\42582645.1

All Exhibits attached hereto are incorporated herein by reference.

GRANTOR:

Dated:

NORTH FONTANA INVESTMENT COMPANY LLC,
a Delaware Limited Liability Company
By:

Bryan T. Goodman
Authorized Agent
159
16498.00170\42582645.1

NOTARY ACKNOWLEDGEMENT

STATE OF ___________________________________ §
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 acknowledge 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____________________________________________(Seal)

Document: Grant of Easement Deed for Gov Lot 3 of SW 1/4 Sec 18 TP 1N R 5W Ex N 295 Ft W 295 Ft Thereof And Ex Hwy, Fontana, CA,

A.P.N.023908134

EXHIBIT “A”

LEGAL DESCRIPTION OF TEMPORARY DRAINAGE EASEMENT

161

16498.00170\42582645.1

EXHIBIT “B”

PLAT OF TEMPORARY DRAINAGE EASEMENT

162

16498.00170\42582645.1

CITY OF FONTANA

CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED

[Portions of APN 023908134]

This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Easement Deed dated , 20__ to which this Certificate of Acceptance is attached,
from: NORTH FONTANA INVESTMENT COMPANY
LLC, A Delaware Limited Liability Company
("Grantor")
to: CITY OF FONTANA, a California municipal
corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of such Grant.

Dated: CITY OF FONTANA,
a California municipal corporation
By:

Name:

Attest:

City Clerk

163
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3317 Agenda Date: 10/8/2024
Agenda #: H. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2025 Selective Traffic Enforcement Program Grant Award
RECOMMENDATION:

1. Accept the 2025 State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant, number PT25162 in the amount of $365,000.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by implementing traffic safety programs. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The Selective Traffic Enforcement Program “STEP”grant is to be funded from funds made available through the State of California’s Office of Traffic Safety. All program preparation, training and implementation will be held during the period of October 1, 2024, and September 30, 2025. The program is designed to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. Other funded strategies may include public awareness, educational programs, and training for law enforcement.

The funded strategies include:
· Officers will complete Standardized Field Sobriety Testing (SFST) training · Officers will attend the Advanced Roadside Impaired Driving Enforcement (ARIDE) 16-hour POST certified training
· DUI/DL Checkpoints
· DUI Saturation Patrols will be conducted
· Distracted Driving Enforcement Operations targeting drivers using hand held cell phones and texting will be conducted
· Traffic Enforcement Operations, including but not limited to primary collision factor violations · Highly publicized Motorcycle Safety Enforcement Operations will be held · Warrant Service Operations targeting multiple DUI offenders who violate probation terms or City of Fontana Printed on 10/3/2024Page 1 of 2
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File #: 21-3317 Agenda Date: 10/8/2024
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fail to appear in court
· Participate in the National Distracted Driving Awareness Month in April · Participate in the statewide Click It or Ticket mobilization period in May The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

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

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $365,000 and is not included in the current 2024-25 Budget. Budget adjustments to increase revenues and expenditures in the amount of $365,000 in Grant Fund #301, Project #40200008-301-A will be included in the 1st Quarter Budget Status Report.

Expenditure Plan = $365,000 (Reference Schedule B)
Personnel $ 359,000.00
Travel/Training Expense $3,000.00
Other Direct Costs (Supplies) $3,000.00
MOTION:

Approve staff recommendation.

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25162

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Fontana From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Fontana Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $365,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kurtis Schlotterbeck

Traffic Sergeant

[email protected]

(909) 350-7771

17005 Upland Ave.

Fontana, CA 92335
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Michael Dorsey

Chief of Police

[email protected]

(909) 350-7702

17005 Upland Ave., CA 92335

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Leona Kwan

Senior Administrative Analyst

[email protected]

(909) 356-7169

17005 Upland Ave.

Fontana, CA 92335
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $28,634.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $49,948.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $104,366.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $182,052.00

AGREEMENT
TOTAL $365,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$365,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $365,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

WLF8LH1TH3P8

8353 Sierra Ave.

Fontana
92335-3528
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25162

1. PROBLEM STATEMENT
The greatest hurdle facing the Fontana Police Department with regards to traffic safety and enforcement remains the direct correlation between local statistics and staffing levels. This problem has only intensified and we run the risk of considering it ancient history but it is very much a current issue and remains indicative of how imperative pro-active enforcement is as it relates to traffic safety. It is well known that infrastructure improvements are important but cannot cure traffic fatalities and injuries alone.

While staffing difficulties continued to hamper growth in the department, Fontana’s population has continued to increase steadily. Numbers released in early May 2023 by the California Department of Finance indicate that Fontana has a population of close to 214,000, maintaining its status as the second largest city in San Bernardino County and the 20th largest in California. This placement will likely continue as is evidenced by the numerous projects for single family and multi-family housing developments which can be seen in various stages of construction throughout the city. In addition to the increase in residents, traffic volumes are also made up through miles traffic through the city. Fontana is situated between three major area freeways (IS 15, IS 10, SR 210), is home to one of the largest Kaiser Permanente Hospitals, has become a commercial hub in the Inland Empire due to an explosion of warehouses, and our city streets are actually on the state’s ELLN (extralegal load network). Essentially, our city and our motoring public continue to grow, and we have not adequately kept pace.

Historically, as the Traffic Unit grew in personnel, fatalities dropped incrementally to an all-time low of 4 in 2009. To date, the staffing levels of 2009 represent our highest ever. With slight variations, injury crashes of all categories followed the relative arc of fatalities as well. Since this time, the unit exhibited a deficit of up to 6 sworn (50% of the unit’s contingent at the time) and 4 civilian personnel. As budget constraints and scheduling difficulties caused our staffing levels to drop, our fatalities continued to rise. This trend culminated at 18 in 2018 and remained consistently high but at a slight decrease at 13 in 2019, 2020 and 2021. Unfortunately, this consistency came to an end in 2022, which revealed a record 22 fatalities recorded. 2023 saw a slight drop but still a record number of unacceptable fatalities at 19. The difficulties the staffing situation wrought with regard to traffic safety enforcement remain current and are as relevant today as when they first began. To this day, staffing levels remain our largest struggle department wide. However, we remain ever hopeful that each new year will bring vacancies to an end and possibly much needed growth to the unit which is tasked with the safety of the city's entire motoring public. The needs are recognized, and additional positions have been allocated to the Traffic Unit but they have yet to be staffed as our difficulties are not specific to this unit but rather exist department wide. As of this writing we are currently operating with 5 sworn and 1 civilian vacancy. After once again observing the direct correlation in crash data, our local data does indicate some cause for hope in the form of decreases in a few areas. This may have to do with our very recent slight staffing renewals, but it can also be attributed to the post COVID world. Statistical anomalies abounded and we are only now settling into the full picture of the motoring public’s behavior now that they are consistently back on the roadways. The City and the Police Department are committed to filling vacancies, but as many other agencies we simply cannot hire and train officers fast enough to keep pace with the need. Efforts have been redoubled and continue.

Even slight improvements are cause for celebration, but there is much to be done. As was considered over 2020-2022 with local data, 2021’s OTS rankings have to be viewed through the lens of COVID. Local data indicates that improvements in 2020 were not necessarily maintained in 2021-2023. Based on grant year data from 2023, however, there is some cause for hope. The decrease we saw in alcohol related injuries during 2019-2021 from 67 to 25 has been maintained at 25 in 2023.

DUI arrests may be used as an example of the importance of proactivity. As recently as 2016, DUI arrests as a result of a crash dropped to only 7%. This represented a year where we came close to closing the gap on our vacancies. Unfortunately, that number began climbing again the following year and for two years now rests at 62%. Officers are acutely aware it is in the proactive hours where the most preventative measures can be taken, and the Traffic Unit lacks the wherewithal to provide the preventative measures it 168

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would optimally like to. This remains our greatest hurdle. Grant funding, therefore, remains of the utmost importance and any demonstrable decreases in crashes are likely owed to this partnership.

The number of injury/fatal traffic crashes remained relatively steady between 2014-2016, ranging from 562- 611. However, it has become apparent that the number of injuries per crash is on the rise. As an example, 694 individuals were injured or killed as a result of 627 crashes in 2013. A decrease in crashes to 578 in 2018 seemed heartening, however, as this resulted in 765 individuals being injured, the magnitude of these crashes remains a problem. This remained true for 2019-2022. 2023 demonstrates the magnitude of these crashes is still a problem to be confronted as 961 injuries/fatalities came as a result of 691 crashes. The increase in the number of individuals injured was double the increase in the number of crashes. 2023 presented the highest number of injuries/fatalities on record in our city.

Speed plays a tremendous factor here. Unsafe speed consistently tops our list of PCFs for injury crashes and clearly plays a role in increasing not only the frequency but the severity of crashes. Speed violations have consistently topped our list of PCFs and have shown an upward trend in the last few years. In the last three years, injury/fatal crashes with speed as the PCF rose from 141 to 182, continuing an upward trend. In 2023 this resulted in 233 injuries/fatalities. This significant increase and problem will likely continue as more and more vehicles travel through Fontana.

Unfortunately, the post COVID jump in Nighttime injuries to 121 in 2021 from 65 saw a demonstrable decrease to 96 in 2022 but in 2023 rose back up to 113.

Pedestrian injuries remained relatively steady for years and then dropped in both 2021 and 2022, resting at

43. 2023 indicates a newly problematic jump as pedestrian injuries rose to 56.

After 0 motorcycle fatalities/injuries also rose drastically in 2023 from 1 each to 4 fatalities and 7 injuries.

The number of injured Bicyclists had dropped to 25 in 2022, an improvement from both 2020 and 2021. 2023 saw this number rise to 30.

Clearly more work is necessary to stay afloat, decrease crashes and offenses and raise our rankings. More importantly, these statistics represent community members and individuals whose lives are changed by these injuries. Slight gains are not to be taken lightly and the Fontana Police Department looks to build on them as well as to redouble our efforts in the areas of concern as we see incidents rising. Essentially, local data for 2023 indicates many of the OTS ranking data from 2021 has continued to be problematic. With COVID a few years behind us, statistics from 2022 and 2023 likely ring true to today’s problems regarding traffic safety and enforcement. Some are heartening, many are cause for concern. However, with 2023 as a new post COVID benchmark we remain statistically focused on a clear problem. There is considerable work to do.

Our perennial problems remain reducing total injury/fatal crashes, with a focus on DUI, speed and other top PCF offenses. Added to this, is the need to contain the recent problem of increases in these crashes involving motorcyclists, bicyclist and pedestrian. Also, while the majority of crashes occurring in Fontana continue to occur during weekday commuting hours, nighttime injury/fatal crashes are on the rise as well and require additional attention and effort. These increases are occurring largely on major thoroughfares throughout the city but there is also a noticeable increase on parallel roadways with an increase in traffic volume due to a vast amount of roadway construction underway.

Currently, the vast majority of DUI arrests are made by, and crashes are handled by traffic officers, who represent a miniscule percentage of the sworn contingent in the department (7%). While we seek to remedy this by eventually increasing staffing levels, this small group continues to fight for better and to impart a greater understanding to our motoring neighbors and coworkers of the dangers inherent in these behaviors and what the potential costs to each of us are. Ultimately our difficulties can be articulated by the juggling of proactive enforcement and educational capabilities brought on by staffing concerns. This affects each of our residents equally as the roadways need to be kept safe for drivers, passengers, motorcyclists, bicyclists and pedestrians alike. Disproportionately, the increases in the area of motorcycle, bicycle, pedestrians and those at risk of potential harm while traveling at night needs to be addressed with additional focused enforcement. The ability to be proactive and provide educational opportunities will enable us to maintain 169

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recent gains where they have been made while continuing efforts to lower total crashes and increase traffic safety awareness. We must collectively persevere in the fight versus the reckless disregard for the safety of others.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 10 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 16 170

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1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

7. Conduct DUI Saturation Patrol operation(s). 20

8. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
2 9. Conduct Stakeout operation(s) that employ law enforcement officers to observe repeat DUI offender probationers with suspended or revoked driver licenses. 4 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
28 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 15 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 15 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 2

16. Participate in highly visible collaborative Traffic Enforcement operations. 2

17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would 171

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be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. 172

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 Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25162

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$133,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$232,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $11,345.00 16 $181,520.00
DUI Saturation Patrols 164AL-25 $1,300.00 20 $26,000.00 Warrant Service Operations 164AL-25 $5,640.00 2 $11,280.00 Stakeouts 164AL-25 $1,800.00 4 $7,200.00
Collaborative DUI Enforcement 164AL-25 $2,500.00 2 $5,000.00 Traffic Enforcement 402PT-25 $1,800.00 28 $50,400.00
Distracted Driving 402PT-25 $1,700.00 10 $17,000.00
Motorcycle Safety 402PT-25 $1,200.00 13 $15,600.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,800.00 15 $27,000.00 Collaborative Traffic Enforcement 402PT-25 $2,500.00 2 $5,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $3,250.00 4 $13,000.00
Category Sub-Total $359,000.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $3,000.00 1 $3,000.00
$0.00
Category Sub-Total $3,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $1,000.00 1 $1,000.00
Collaborative Meetings 402PT-25 $2,000.00 1 $2,000.00
Category Sub-Total $3,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $365,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25162

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.

Stakeouts - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Collaborative Meetings - Costs for law enforcement agencies to discuss traffic safety trends and plan collaborative operations. Costs may include food and beverages for attendees, additional costs may be included if approved by OTS. Adequate records including an agenda must be maintained.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25162

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 179

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agenc y, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 180

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance w as placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 181

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance w as placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, pers on, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 182

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall projec t contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because o f any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Mes saging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3319 Agenda Date: 10/8/2024
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2023 Homeland Security Grant Program (HSGP)
RECOMMENDATION:

1. Accept the 2023 Homeland Security Grant Program subrecipient award in the amount $47,072 from the Office of Homeland Security.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The Office of Homeland Security has made available funding to agencies under the FY 2023 Homeland Security Grant Program. The City of Fontana has received grant funding in the amount of $47,072. The Fontana Police Department plans to utilize 2023 HSGP funding to purchase various police equipment, including a forensic microscope, forensic data blocker, surveillance cameras, and rook camera. If any of these items become unavailable, an amendment will be submitted to the grantor to identify alternative priority equipment.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $47,072 and is not included in the current 2024-25 Budget. Budget adjustments to increase revenues and expenditures in the amount of $47,072 in Grant Fund #301, Project #40300010-301-A will be included in the 1st Quarter Budget Status Report.

MOTION:

Accept staff recommendation.

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FY2023
Homeland Security Grant Program
Law Jurisdiction's Proposed Allocations
No. Law Jurisdictions
Population
(POP) Base
Percentage
based on
POP
Total
Allocation
Total District
Allocation
1 Adelanto Sheriff/County Sheriff 36,357 12,000$ 5,992$ 17,992$ 17,992$ 2 Apple Valley/County Sheriff 75,628 12,000 12,464$ 24,464$ 24,464$ 3 Barstow 25,202 12,000 4,153$ 16,153$ 16,153$ 4 Chino 91,998 12,000 15,162$ 27,162$ 27,162$ 5 Chino Hills 77,964 12,000 12,849$ 24,849$ 24,849$ 6 Colton 53,617 12,000 8,836$ 20,836$ 20,836$ 7 Fontana 212,809 12,000 35,072$ 47,072$ 47,072$ 8 Grand Terrace 13,042 12,000 2,149$ 14,149$ 14,149$ 9 Hesperia/County Sheriff 100,324 12,000 16,534$ 28,534$ 28,534$ 10 Highland 56,546 12,000 9,319$ 21,319$ 21,319$ 11 Loma Linda 25,349 12,000 4,178$ 16,178$ 16,178$ 12 Montclair 37,846 12,000 6,237$ 18,237$ 18,237$ 13 Needles 4,876 12,000 804$ 12,804$ 12,804$ 14 Ontario 179,516 12,000 29,585$ 41,585$ 41,585$ 15 Rancho Cucamonga/County Sheriff 174,476 12,000 28,754$ 40,754$ 40,754$ 16 Redlands 72,585 12,000 11,962$ 23,962$ 23,962$ 17 Rialto 103,954 12,000 17,131$ 29,131$ 29,131$ 18 San Bernardino 220,840 12,000 36,395$ 48,395$ 48,395$ 19 Twentynine Palms 27,685 12,000 4,563$ 16,563$ 16,563$ 20 Unincorporated/Sheriff 305,044 12,000 50,272$ 62,272$ 62,272$ 21 Upland 79,139 12,000 13,042$ 25,042$ 25,042$ 22 Victorville/County Sheriff 136,561 12,000 22,506$ 34,506$ 34,506$ 23 Yucaipa 54,494 12,000 8,981$ 20,981$ 20,981$ 24 Yucca Valley 21,813 12,000 3,595$ 15,595$ 15,595$ Total 2,187,665 288,000$ 360,533$ 648,533$ 648,533$ Population provided by the California Department of Finance E-4 Population Estimates for Cities, Counties, and the State, 2021-2022 with 2020 Census Benchmark | Department of Finance (ca.gov) 188
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3321 Agenda Date: 10/8/2024
Agenda #: J. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Approve Amendment No. 4 to Professional Service Agreement with Quality Management Group (QMG) for Property Management Services in conjunction with city-owned properties.

RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to the contract with Quality Management Group (QMG) for professional property management services.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by acquisition, substantial rehabilitation, and professional management of selected multi-family properties to provide more affordable units and reduce crime and code enforcement activity.

DISCUSSION:

In October 2021, the City solicited proposals for property management services to support the expanding portfolio of properties acquired by the Housing Department. Following a competitive selection process, the City executed a five-year contract with Quality Management Group (QMG) to provide comprehensive property management services for these properties. The contract was established at an annual amount of $89,000 to cover the management needs of existing properties in the portfolio.

As part of the City’s ongoing efforts to address affordable housing, the Housing Department has recently acquired the Aldea Legacy Apartment Community, a 78-unit complex dedicated to housing families earning 60% or less of the Area Median Income (AMI). This acquisition brings significant operational demands that exceed the scope of the original contract with QMG, necessitating an increase in the professional services agreement to cover the expanded responsibilities.

The current contract of $89,000 annually will need to be increased by $81,000 per year to manage the additional units at Aldea, bringing the new annual contract total to $170,000. This increase ensures that QMG has the necessary resources to maintain the high level of service expected by the Housing Department while adhering to regulatory requirements for affordable housing.

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File #: 21-3321 Agenda Date: 10/8/2024
Agenda #: J. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $65,000, increasing the total annual contract amount to $165,000 and is not included in the current 2024-25 Budget. The costs associated with this contract are fully funded through the rents collected and the necessary budget adjustments will be included in the 2024-25 First Quarter Budget Report.

MOTION:

Approve Staff Recommendation
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Fontana City CouncilOctober 8, 2024

Fontana City Council
October 8, 2024