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23. Miscellaneous.
23.1 BindingEffect. ThisAgreementshallbebindingonthePartieswithoutregardtowhetherornotparagraphs21and22areinitialedbybothoftheParties.
Paragraphs21and22areeachincorporatedintothis Agreementonlyif initialedby bothPartiesatthetime thatthe Agreementisexecuted. Signaturesto this Agreementaccomplishedbymeansofelectronicsignatureor similartechnologyshallbelegalandbinding,
23.2ApplicableLaw. ThisAgreementshallbegovernedby, andparagraph22.3isamendedtoreferto, thelawsofthestateinwhichthePropertyislocated.
AnylitigationorarbitrationbetweenthePartiesheretoconcerningthisAgreementshallbeinitiatedinthecountyinwhichthePropertyislocated.
23.3 Time of Essence. Time is of the essence of this Agreement.
23.4 Counterparts. ThisAgreementmaybeexecutedbyBuyerandSellerinCounterparts, eachofwhichshallbedeemedanoriginal, andallofwhichtogether shallconstituteoneandthesameinstrument. EscrowHolder, afterverifyingthatthecounterpartsareidenticalexceptforthesignatures, isauthorizedandinstructed to combine the signed signature pageson one of the counterparts, which shall then constitute the Agreement.
23.5 WaiverofJuryTrial. THEPARTIESHEREBYWAIVETHEIRRESPECTIVERIGHTSTOTRIALBYJURYINANYACTIONORPROCEEDINGINVOLVINGTHE PROPERTY OR ARISING OUT OF THIS AGREEMENT.
23.6 Conflict. AnyconflictbetweentheprintedprovisionsofthisAgreementandthetypewrittenorhandwrittenprovisionsshallbecontrolledbythe typewrittenor handwrittenprovisions. SellerandBuvermustinitialanyandall handwrittenprovisions.
23.7 1031Exchange. BothSellerandBuyeragreetocooperatewitheachotherintheeventthateitherorbothwishtoparticipateina1031exchange, Any partyinitiatinganexchangeshallbearallcostsofsuchexchange. ThecooperatingPartyshallnothaveanyliability (specialorotherwise) fordamagestothe exchangingPartyinthe eventthatthe saleisdelayedand/or thatthesaleotherwisefailsto qualifyasa1031exchange.
23.8 Days. Unlessotherwisespecificallyindicatedto the contrary, the word "days" asusedinthisAgreementshallmeanandreferto calendardays.
24. DisclosuresRegardingthe Natureofa RealEstateAgencyRelationship.
24.1 ThePartiesandBrokersagreethattheirrelationship(s) shallbegovernedbytheprinciplessetforthintheapplicablesectionsof theCaliforniaCivilCode, as summarized in paragraph 24. 2.
24.2 Whenenteringintoadiscussionwitharealestateagentregardingarealestatetransaction, aBuyerorSellershouldfromtheoutsetunderstandwhattype ofagencyrelationshiporrepresentationithaswiththeagentoragentsinthetransaction. BuyerandSelleracknowledgebeingadvisedbytheBrokersinthis transaction, as follows:
a)
Seller'sAgent. A Seller'sagentLindera listingagreementwith the Selleractsasthe agentfor theSelleronly. A Seller'sagentor Subagenthasthe followingaffirmativeobligations: (1) TotheSeller: Afiduciarydutyofutmostcare, integrity, honesty, andloyaltyindealingswiththeSeller. (2) TotheBuyerandthe Seller: a. Diligentexerciseofreasonableskillsandcareinperformanceoftheagent'sduties. b. Adutyofhonestandfairdealingandgoodfaith, c. Adutytodisclose allfactsknowntotheagentmateriallyaffectingthevalueordesirabilityofthepropertythatarenotknownto, orwithinthediligentattentionandobservationof, the Parties. AnagentisnotobligatedtorevealtoeitherPartyanyconfidentialinformationobtainedfromtheotherPartywhichdoesnotinvolvetheaffirmativedutiesset forth above.
b) Buyer'sAgent. A sellingagentcan, with a Buyer'sconsent, agreeto actasagentforthe Buyeronly. Inthesesituations, the agentisnotthe Seller's agent, evenifbyagreementtheagentmayreceivecompensationforservicesrendered, eitherinfullorinpartfromtheSeller. AnagentactingonlyforaBuyerhas thefollowingaffirmativeobligations. (1) TotheBuyer: Afiduciarydutyofutmostcare, integrity, honesty, andloyaltyindealingswiththeBuyer, (2) TotheBuyerand theSeller: a. Diligentexerciseofreasonableskillsandcareinperformanceoftheagent'sduties. b. Adutyofhonestandfairdealingandgoodfaith, c. Adutyto discloseall factsknownto theagentmateriallyaffectingtheValueordesirabilityof the propertythatarenot knownto, orwithinthe diligentattentionand observationof, theParties. Anagentisnotobligatedto revealtoeitherPartyanyconfidentialinformationobtainedfromtheotherPartywhichdoesnotinvolvethe affirmative duties set forth above.
c)
AgentRepresentingBothSellerandBuyer. Arealestateagent, eitheractingdirectlyorthroughoneormoreassociatelicensees, canlegallybethe agentofboththeSellerandtheBuyerinatransaction, butonlywiththeknowledgeandconsentofboththeSellerandtheBuyer. (1) Inadualagencysituation, the agenthasthefollowingaffirmativeobligationstoboththeSellerandtheBuyer: a. Afiduciarydutyofutmostcare, integrity, honestyandloyaltyinthedealingswith eitherSellerortheBuyer. b. OtherdutiestotheSellerandtheBuyerasstatedaboveintheirrespectivesections (a) or (b) ofthisparagraph24.2. (2) inrepresenting bothSellerandBuyer, theagentmaynot, withouttheexpresspermissionoftherespectiveParty, disclosetotheotherPartyconfidentialinformation, including, butveIn
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notlimitedto, factsrelatingtoeitherBuyer'sorSeller'sfinancialposition, motivations, bargainingposition, orotherpersonalinformationthatmayimpactprice, includingSeller'swillingnesstoacceptapricelessthanthelistingpriceorBuyer'swillingnessto payapricegreaterthanthepriceoffered. (3) Theabovedutiesofthe agentinarealestatetransactiondonotrelieveaSellerorBuyerfromtheresponsibilitytoprotecttheirowninterests. BuyerandSellershouldcarefullyreadall agreementsto assurethat theyadequatelyexpresstheirunderstandingof the transaction. A realestateagentisa personqualifiedto adviseabout realestate. If legal ortaxadviceisdesired, consultacompetentprofessional. Buyerhasthedutytoexercisereasonablecareto protectBuyer, includingasto thosefactsaboutthe PropertywhichareknowntoBuyerorwithinBuyer'sdiligentattentionandobservation. BothSellerandBuyershouldstronglyconsiderobtainingtaxadvicefroma competent professional becausethe federal andstate tax consequencesof a transaction can be complex and subject to change. d)
FurtherDisclosures. ThroughoutthistransactionBuyerandSellermayreceivemorethanonedisclosure, dependinguponthenumberofagents assistinginthetransaction. BuyerandSellershouldeachreaditscontentseachtimeit ispresented, consideringtherelationshipbetweenthemandtherealestate agentinthistransactionandthatdisclosure. BuyerandSellereachacknowledgereceiptofadisclosureofthepossibilityofmultiplerepresentationbytheBroker representingthatprincipal. Thisdisclosuremaybepartofalistingagreement, buyerrepresentationagreementorseparatedocument. Buyerunderstandsthat BrokerrepresentingBuyermayalsorepresentotherpotentialbuyers, whomayconsider, makeoffersonorultimatelyacquiretheProperty. Sellerunderstandsthat BrokerrepresentingSellermayalsorepresentothersellerswithcompetingpropertiesthatmaybeofinteresttothisBuyer. Brokershavenoresponsibilitywith respectto anydefaultorbreachhereofbyeitherParty. ThePartiesagreethatnolawsuitorotherlegalproceedinginvolvinganybreachofduty, errororomission relatingtothistransactionmaybebroughtagainstBrokermorethanoneyearaftertheDateofAgreementandthattheliability (includingcourtcostsandattorneys' fees), ofanyBrokerwithrespecttoanybreachofduty, errororomissionrelatingtothisAgreementshallnotexceedthefeereceivedbysuchBrokerpursuanttothis Agreement; provided, however, that theforegoinglimitationoneachBroker'sliability shallnot beapplicableto anygrossnegligenceor willful misconductofsuch Broker.
24.3 ConfidentialInformation. BuyerandSelleragreetoidentifytoBrokersas "Confidential" anycommunicationorinformationgivenBrokersthatisconsidered by such Party to be confidential.
25. ConstructionofAgreement. InconstruingthisAgreement, allheadingsandtitlesarefortheconvenienceofthePartiesonlyandshallnotbeconsideredapart ofthisAgreement. Wheneverrequiredbythecontext, thesingularshallincludethepluralandviceversa. ThisAgreementshallnotbeconstruedasifpreparedby oneofthe Parties, butratheraccordingto its fairmeaningasawhole, asif bothPartieshadpreparedit.
26. Additional Provisions.
Additionalprovisionsofthisoffer, ifany, areasfollowsorareattachedheretobyanaddendumoraddendaconsistingof paragraphs . 2 6 .- 1 through 2 6. 2 . ( If there are no additional provisions write " NONE".) 26 1 Dc)twjttist aridi_xr < srr t it i_ t<:r l r LL l x ar r, rl(::i trir..<l kxexc„i. r ai.zyr. rm : 1i, r1 L I tvca f>(r. 1aa : fromthe dat c c7f, r. rr _ cif v r z crwl c; t ;f i kae l <>rLt. a. rtr r rLla:. i_ e LO (.l Gr ;: r..rac r 1at. N :rill: d .i. n f <.r, rc s a fr ) klF eeva.. t - _ ATTENTION: NO
REPRESENTATIONORRECOMMENDATIONIS MADE BYAIR CREOR BY ANYBROKERAS TO THELEGALSUFFICIENCY, LEGALEFFECT, OR TAX CONSEQUENCESOF THIS AGREEMENTOR THE TRANSACTIONTO WHICH IT RELATES. THEPARTIES AREURGED TO: 1. SEEK ADVICEOF COUNSELAS TO THELEGALANDTAX CONSEQUENCESOF THIS AGREEMENT. 2. RETAIN
APPROPRIATECONSULTANTSTO REVIEW ANDINVESTIGATETHECONDITIONOF THE PROPERTY, SAIDINVESTIGATIONSHOULDINCLUDE BUT NOT BE LIMITED TO: THE POSSIBLEPRESENCEOF HAZARDOUSSUBSTANCES, THE ZONING OF THE PROPERTY, THEINTEGRITYANDCONDITIONOF ANY STRUCTURESANDOPERATING SYSTEMS, AND THE SUITABILITYOF THE PROPERTYFOR BUYER' S INTENDEDUSE. WARNING: IF
THE PROPERTYIS LOCATEDINA STATEOTHERTHANCALIFORNIA, CERTAINPROVISIONSOF THIS AGREEMENTMAYNEED TO BE REVISEDTOCOMPLYWITH THE LAWS OF THE STATEIN WHICHTHEPROPERTYIS LOCATED. NOTE: 1.
THIS
FORM IS NOT FORUSE IN CONNECTIONWITHTHE SALE OF RESIDENTIALPROPERTY. 2. IF EITHERPARTYIS A CORPORATION, IT IS RECOMMENDEDTHATTHIS AGREEMENTBE SIGNED BYTWOCORPORATEOFFICERS. Initial INITIALS
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AIRCRE. All Rights Reserved, OFA- 20.
30, Revised10- 13- 2022LastEdited:
9/ 25/ 20255: 07 PMPage9
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TheundersignedBuyeroffersandagreestobuythePropertyonthetermsandconditionsstatedandacknowledgesreceiptmacopyhereof. Attn:
Title:
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C, i t. M a n *,, pmme:______
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Phone:__
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Federal
ID No.: TB 1) zz
Acceptance. zru
Selleracceptsthe foregoingoffer mpurchasethe Propertyand herebyagreesto sellthePropertyto Buyeron thetermsand conditionstherein specified, z/. s Selleracknowledgesmc ipt of a copyhereofand authorizesBrokers mdeliverasignedcopy toBuyer. NOTE: A PROPERTY INFORMATIONSHEETIS REQUIRED TO BEDELIVEREDTOBUYERBYSELLERUNDERTHIS AGREEMENT. Date: 11714PDTBROKER SELLER u":
rme:_______ uue`
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ManaI- Phone:
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By: Agent's wamep'/ nteu:
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com ° 213- 68/- 8777 ^mnuacts@a/=m. mm NOTICE: wvpart mtheseworks maybe reproducedwithoutpermission /nwriting. mmAo INITIALS Qzoz9AIR [ nc. All Rights Reserved. Last
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ADDENDUM TO THE AIR COMMERCIAL REAL ESTATE ASSOCIATION
STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR
PURCHASE OF REAL ESTATE
THISADDENDUMsupplementsand, to theextentof anyinconsistency, supersedesthe provisions of that certain, AIR Commercial Real Estate Association Standard Offer, Agreement and Escrow Instructions For Purchase of Real Estate (" Agreement") between the undersigned Buyer and Seller dated as of September 24, 2025, as follows:
The AIR Commercial Real Estate Association Standard Offer and this Addendum shall be effective as of the date it is signed by all Parties.
1. City Council Approval. Buyer shall have no obligation to perform or close escrow unlessand until the City Council of the City of Fontanahasduly approvedthis Agreement and authorizedtheacquisitionatapublicmeeting. Saidapprovalto takeplaceduringthe60-daydue diligenceperiod outlined in Sections9 and26.1 of the Agreement.
2. ClosingCosts. Buyer, asa public agency, is exemptfiom paymentof documentary transfer taxes and recording fees pursuant to California Revenue & Taxation Code § 11922. Seller shallpaythepremiumfortheowner'sstandardcoveragetitle insurancepolicy; Buyermayrequire anALTAOwner'sPolicyif BuyerpaystheincrementalpremiumforALTA coverage. EachParty shallpayitscustomaryshareofescrowfees. Anyprovisionrequiring "nettoSeller" orshiftingall costs to Buyer is deleted.
3. Section22 of the Agreementshall be replacedin its entirety to include:
Judicial Reference. To the fullest extent permitted by law, any and all disputes, claims, and causesof actionarisingoutof or relatingto thisAgreement, theproperty, or anytransaction contemplatedherein (collectively, the " Disputes"), shall be resolvedby judicial reference pursuant to California Code of Civil Procedure §§ 638-645.1. Thepartiesshalljointly request that all Disputes bereferredto a single referee appointedby the court, who shall be a retired judgeof the SuperiorCourtor otherqualifiedindividualmutuallyacceptableto theparties.
Therefereeshallhavetheauthorityto hearanddetermineall issuesin theactionorproceeding, whether of fact or law, and to report a statement of decision. The referee' s decision shall stand asthedecisionofthecourtandshallbeenteredbythecourtasajudgment. Thepartiesreserve theirright tojudicial reviewof errorsof law. Thepartiesshallshareequallyin thefeesand expensesof the referee, unlessthe referee determinesotherwise. Nothing in this section shall limit therightof anypartyto seekprovisionalremediesfromacourtof competentjurisdiction includingwithoutlimitationwrits of attachment, temporaryrestrainingorders, orpreliminary injunctions) to preservethe statusquo or preventirreparableharm pendingthe referee's determination.
4. Attorneys' Fees. Section 16 of the Agreement is amendedto read: "Each Party shall bear its own attorneys' fees and costs incurred in connection with this Agreement and the transactions contemplated herein."
5. Environmental Liability. Buyer shall not assume liability for any Hazardous Substancesor environmentalconditionsexistingon or underthePropertyprior to theCloseof 16498, 10022\ 44198920. 3
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Escrow. Sellershallindemnify, defendand hold Buyerharmlessfrom andagainstall claims, liabilities, costs, andexpensesto includereasonableattorneys' feesarisingfromanySuchpre- existingenvironmentalconditionsdiscoveredon theProperty. This indemnificationshallsurvive the Close of Escrow.
6. EscrowInstructions. EscrowHoldershallnotprepare, amendormodifyanyescrow instructionsrelatingtothistransactionwithoutthepriorwrittenapprovaloftheCityAttorneyor other authorizedrepresentativeof the City of Fontana.
7. Brokerage. Buyer has not engaged any broker or agent in connection with this transaction, No broker'scommissionshallbepayableby Buyer. Any brokeragefeesshallbethe soleresponsibilityof SellerunlessexpresslyapprovedbytheCity Councilof theCity of Fontana.
8. Non -Appropriation. Buyer's obligations under the Agreement are Subject to the lawful appropriationof fundsby the City Councilof theCity of Fontana. Suchappropriationto takeplaceduring the60-dayduediligence period outlined in Sections9 and26.1of the Agreement.
9. Property Taxesand Assessments. Buyer is a public agencyand is exemptfrom paymentofrealpropertytaxes. PriortoCloseof Escrow, EscrowHolderandtheTitleCompany shallconfirmwith SanBernardinoCountythatnoescapedassessmentsor otherpropertytax liabilities affect the Property. In the event any such liabilities exist, Seller authorizes the satisfactionof suchliabilitiesfromfundsotherwisepayableto SelleratCloseof Escrow. If any pre -Closingtaxliabilitiesarelaterassessed, Sellershallpromptlysatisfythemor, reimburseBuyer within thirty (30) daysof demand, togetherwith interestat the maximum legal rate from the date of Buyer's payment.
10. HazardousMaterialsDisclosure. ToSeller'sknowledge, Sellerhasnotreceivedany writtennoticeot'violationissuedpursuanttoanyEnvironmentalLawwithrespecttotheProperty or any use or condition thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to AIR Commercial Real EstateAssociation Standard Offer, Agreement and Escrow Instructions For Purchase of Real Estate deemed effective as of the date first written above.
BUYER:
City of Fontana, a California Municipal corporation
By:
Matthew C. BatVibuyne, City Manager
Date: — 14
2 16498, 10022\ 4141989203
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SELLER:
FontanaOrange, LLC, a California limited liability company Signed by,
B
E239058883COBID9
Alexey Zabolotskikh
Its: Manager
Date: 2025-Sep-25117:14PDT
3 16498. 10022\ 44198920. 3
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0591 Agenda Date: 10/ 28/ 2025
Agenda #: K. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with Active Education for the Soccer & Multi - Sports Program to be delivered at Fontana Expanded Learning Program.
RECOMMENDATION:
1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1.5 for Single Source/ Sole Source method.
2. Approve a contract with Active Education to provide and deliver the Soccer & Multi - Sports Program for the Fontana Expanded Learning Program at elementary and middle school sites.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.
DISCUSSION:
The Fontana Unified School District ( FUSD) is contracting with the City of Fontana to serve as their Fontana Expanded Program ( FELP) Provider. FELP is fully funded through the After School Education and Safety ( ASES) Grant and Expanded Learning Opportunities Program ( ELO- P).
As part of the grant -required curriculum components, FELP provides physical education components and 21st-century skills lessons to meet the program requirements, as well as align with the district' s efforts to support participants' healthy living skills.
It is recommended that the City contract with Active Education to provide and deliver the Soccer & Multi -Sports Program curriculum for the Fontana Expanded Learning Program at elementary and middle school sites to support the Operating Agreement between the City and FUSD. The program will support participants' physical education and sportsmanship skills.
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File #: 25- 0591 Agenda Date: 10/ 28/ 2025
Agenda #: K. Category: Consent Calendar
The Soccer & Multi -Sports programming will focus on teaching participants essential values such as teamwork, basic conflict resolution, and responsible decision - making. Additionally, FELP staff will receive training on the fundamentals of fun recreational play provided by Active Education.
This is a sole -source contract as the curriculum is only available through Active Education and meets grant requirements. Purchasing Policy 3. 1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source. The contract template is approved by BBK.
FISCAL IMPACT:
The program is budgeted in the adopted FY 2025/ 2026 Community Services Department operating budget as designed by the FUSD Operating Agreement. The program cost is $ 166, 320. 00 and will be funded from budget unit 38624101 in account 8130.
The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $ 14,880, 864 per year for services provided to the grant -based after -school program.
MOTION:
Approve staff recommendation
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EXHIBIT " A"
SCOPE OF SERVICES
The Contractor, Active Education, shall provide the City with a structured soccer program for the Fontana Expanded Learning Program school sites. The soccer program will focus on the sports fundamentals and fitness.
The program will emphasize the development of skill development as well as Positive Behavior Interventions and Supports' ( PBIS) best practices. The program will be conducted within nine ( 9) months, with in -person visits scheduled to begin on execution of contract and conclude by May 28, 2026.
The contractor will service:
o Provide Soccer/ Sports Clinics to 33 Fontana Expanded Learning Program sites.
Schedule
0 24 weeks
o Number of services provided 4 days per week
o Program days: Tuesday to Friday
o Between 12pm- 5pm
Programming
o Total number of sessions: 396
o Participants will receive structured soccer/ sports clinics teaching the fundamentals of the sport and fitness.
o Activities will encompass fun and healthy activities with an emphasis on social and emotional learning and PBIS best practices.
For all visits, the City of Fontana shall provide:
o Calendar schedule for activities/ visits.
o Use of facility space.
o Contractor shall work directly with FELPstaff regarding facility/ equipment needs.
The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions.
The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty ( 30) days' notice given in writing.
Contractor will be funded through the Expanded Learning Opportunities Program ( ELO- P).
The Contractor shall be paid within thirty ( 30) days of services rendered as follows:
May 28, 2026
166, 320. 00 ( ELO- P Funded Schools)
166, 320. 00 ( Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
188
The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/ or any unforeseen weather conditions. In the event that the Contractor is set- up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set- up the Contractor may be offered an alternative performance date at the same pay rate. 189
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Proposal Date:
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This
proposaloutlines the intendedagreementto provideservices for the 2025-2026 schoolyear, betweenCity of Fontana, After - School Soccer 8Mu( ti- SportsProgram and Active Education. I ) ui aIrry III)e t. aI lll.sWe
providea structuredactivity program, Which encompassesfun and healthyactivities With an emphasison socialand emotional learning and PBISbest practices. Our curriculumhas beendesignedusing evidence -based researchand data in alignmentWith CASEUscore competencyframework. Our programsprovide characterdevelopmentto studentsthrough a combinationof activitiesand monthlycharacter education focuses. Number o f Weeks: 8T' 1° Service
to be rovided • pE daysper WeekNumber
or hoursper Week: l = Total
numberof sessions (Session = 2 hoursga 1 Site: '888 staff membersWill WorkWith over 181. 1 studentsper day I......................... Start date: Scllfs' t,,,;,', 8888 End
date: 7a„ 8tlllm, u 8888Y9
Y p p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,------------------ Maximum„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exact
days times to be agreedb Principalor AssistantPrincipal., "" 1"° uesa to Ilfui°li da cost for the programWill be: (t...... lli Staff
Will be vettedand live - scannedprior to arrivalat theschoolsite We Will provideall necessaryequipment unless otherwisespecified Applicable insurance documents Will be providedupon contractagreement833- - ACTIVE I POBox1838, Redlands, CA 923731 activ&.,sJu a i," i.com
CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
XX- XX- XX- XX
This Agreement is made and entered into as of x day of October, 2025 by and x day of June, 2025 between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (" City"), and Active Education with its principal place of business at PO Box 1838, Redlands, CA 92373 ( hereinafter referred to as " Consultant"). City and Consultant are sometimes individually referred to as " Party" and collectively as " Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
After - School Soccer & Multi - Sports Program ( hereinafter referred to as " the Project") B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SP. rvIrP. S_
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit " A." The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2( b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit " A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 166, 320. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 1 16499. 00150\ 32126437. 1
191
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from October x, 2025 to June x, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (" Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non - performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
2 16499. 00150\ 32126437. 1
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Consultant' s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
1) Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 00 01) or exact equivalent. iii) Commercial General Liability Insurance must include coverage for the following:
1) Bodily Injury and Property Damage
2) Personal Injury/ Advertising Injury
3) Premises/ Operations Liability
4) Products/ Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground ( UCX) exclusion deleted
7) Contractual Liability with respect to this Agreement 8) Property Damage
9) Independent Contractors Coverage
3 16499. 00150\ 32126437. 1
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iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured against another; ( 3) products/ completed operations liability; or ( 4) contain any other exclusion contrary to the Agreement.
v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liabilitv
i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability Coverage Symbol 1, any auto).
iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self - insured retention.
C. Workers' Compensation/ Employer' s Liability
i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing work under this Agreement.
ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/ her to carry out the work contemplated under this Agreement, all in accordance with the Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer' s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall 4 16499. 00150\ 32126437. 1
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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. " Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must " pay on behalf of" the insured and must include a provision establishing the insurer' s duty to defend. e. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $ 1,000, 000 per occurrence/ $ 2, 000, 000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $ 1, 000, 000 combined single limit Employer' s Liability $ 1,000, 000 per accident or disease Professional Liability $ 1,000, 000 per claim and aggregate ( errors and omissions)
ii) Defense costs shall be payable in addition to the limits. iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 ( or insurer' s equivalent) signed by the insurer' s representative and Certificate of Insurance ( Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
i) Consultant shall provide the City at least thirty ( 30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten ( 10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate( s) including the General 5 16499. 00150\ 32126437. 1
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Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant' s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
iii) The retroactive date ( if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant' s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
Qualifying Insurers
i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies with a current A. M. Best' s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 6 16499. 00150\ 32126437. 1
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney' s fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance of " design professional" services ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects Prevailing Wage Laws"). If the services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total 7 16499. 00150\ 32126437. 1
197
compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant' s performance of services, including any delay, shall be Consultant' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.
15. Reversed
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
LV
16499. 00150\ 32126437. 1
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a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten ( 10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/ or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty ( 30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in " Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Lee Hartley as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above.
20. Limitation of Aareement.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Marlene Bonilla
mbonilla@fontanaca. gov
and shall be effective upon receipt thereof.
E
CONSULTANT:
Active Education
Box1838
Redlands, CA 92373
Attn: Lee Hartley
lee. hartley@activeeducation. com
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision( s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assians
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non - Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City' s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SIGNATURES ON FOLLOWING PAGE]
11 16499. 00150\ 32126437. 1
201
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
la
Attest:
A
In
Matthew C. Ballantyne
City Manager
Germaine McClellan Key
City Clerk
Ramon Ebert
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
Daniel Schneider
Community Services Director
Active Education
M
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
Rakesha L. Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES Jessica Brown
Chief Financial Officer
12 Sid Lambert
Purchasing Manager
16499. 00150\ 32126437. 1
202
EXHIBIT A
Scope of Services
13 16499. 00150\ 32126437. 1
41143
0 N
T.. N A
C;arntraet/Ileq
Farsimmimm
CITY OFFONTANA
N(.")N-00MPE' rrrIVE SOURCE SELECTION JUSTIFICATION
w
as*r cl vcrrt l , d i eque; stor: Date:
fi lt7 t"P" tt
faxI rei ht• Total Atrtomita
Active Education
FUNDING SOURCE AND AUTEiO1UZATION ( check asapplicable) 19/2/ 25
10 ,000
I . Source _Selection Competition is in racticable k(__ k qp r at0 box UNAVAILABLEFROMANYOTHERSOURCE. Noconipctitiveadvantagewouldbegainedfromcompetitivepricing, such awhenbelow
hrclu( le allcontactsrr supplies,
tc
verifythe soleosurrce,cc rservicessinf;
le
s< rurccuniquesituationarccrz
lly
available ]]
cyan iresource. Explain COCJPERATIVEPURCHASINGAGREEMENT'.
This
product or service requiredis beingpurchase(] under a cooperativepurchasingagreement. (Explainbelow).
SAME PRICE PURCHASEDBY
ANOTHERPUBLICAGENCY. Theproduct or service requiredwas awardeda bid by anotherpublicagencythat has purchasingproceduressubstantiallysimilarto those that the citywouldhavebeenrequiredto use, andthe vendoroffers the sarneprice( s) to the city thatit offeredto the otheragency. ElEMERGENCY. This product or service requiredis dueto an emergency, determinedbytheCity Manager, whichcouldnothave beenanticipatedandcritical needprecludesanyi' ormof competition, (Purchasesmorethan $100, 000 mostbe presentedat the nextregular CityCouncilMeeting for ratificationby the CityCouncil. Pleaseattachsupportingdocumentationand approvalfrom. City Manager). j OTHERREASON( S). (
Explainbelow). Detail informationto support
above justification( s): A Appliesto purchases
undera FederalGrant equaltoor morethan. $25,0005 Appliesto purchases undera FederalGrant equaltoor morethan `ii 100,000 Appliestoequipmentpurchases render a Federal (?rant equaltoor morethan `fi5,000
2. Price/CostAnalysis (ONLYAPPLICABLETOPURCHASES/CONTRACTSTHATEXCEEDS100000):
Theactiontakeninverifyingpricereasonablenessisindicatedbelow. Identifythemethod(s) listedbelowusedtoverifypricereasonableness. Check oneor more paragraphsbelow asapplicable.
W Currentpriceschedule (verifiablecatalogue, publishedpricelist, etc.) Schedule Name/ No.: Unit Price: $ $ 80 000 00
3. Supplier Contact: Active Education
FM Previouspurchase.
Supplier:
Active Education
PO No.: 22500321
n Similariteminrelatedindustry.
Price Source:
Supplier:
Active Education
El Any otherReasonablebasis:
SmallBusiness' Solicited (Federallv, FundedProcurementsOnIv) Dateof Schedule: 9/ 2/ 2025
Unit Price: $ 80, 000. 00
PO Date: 8/ 22/ 2024
Unit Price: $ 80, 000. 00
Date:
El DocumentwhetherSmallBusiness, HUBZoncSmallBusiness, SmallDisadvantagedBusiness, WomenOwnedSmallBusiness orServiceDisabledVeteransOwnedBusinessorVeteransofVietnamEraOwnedBusinessconcernsweresolicitedand, if not, why not.
El ApplicableBusinesses' referencedaboveweresolicited.
El NoApplicableBusinessesreferencedaboveweresolicitedbecause Required Signatures:
WZEN=
Requestor Name ( Print)
Daniel Schneider
Department Director Name ( Print)
Attach additional sheets as needed ---------------------- N
e stor i Date
or
14e5-1 nnent * ct igna u Date
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Go to VVWWJM9ov1FQrmi* V forInstructions andthe lartest Information. sendto the IRS. Beforeyou bealn.
For uidancerelated to the n1jmnqA of F: nrm W_ Qc Pt fr_ t i 1 Name of entity/Individual. AnentryIs required. (For asole proprietorordisregardedentity, enterthe owner's nameonline1, and enterthebusiness/disregardedentity's name on One2.) ActiveEducationInc,
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disregardedentity name, N differentfrom above. so Checkthe appropriatebox for federal tax classiffcatlonof theentity/ individualwhosenameIs enteredon line1. Check4 Exemptions (codes applyonly to only one ofthe followingsevenboxes. certain entities, not Individuals; Q. r_ IndfvfduaVsoWproprietor El C corporation ED S corporation n PartnershipTruat/ astatesee Instructionson 3 page ): 0 LLC. Enter
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tax classification (C = C corporation, S = Scorporation, P = PartnershipExempt payeecode ( If any) Note: Checkthe " LLC" box aboveand, In the entryspace, enterthe appropriatecode (C, S, or P) forthetaxclassificationof the LLC, unlessIt Is a disregardedentity. AdisregardedentityshouldInstead checkthe appropriateExemptionfromForeign Account Tax 0 box forthe W classificationof Its owner. Compiler" Act (FATCA) reporting F] Other ( see Instructions) code (if any) 3b It on
line3ayouchecked "Partnership" or ' Trustlestate," or checked "LLC" andentered "P" as Its taxclassification, andyouare providingthisformto a partnership, trust, orestate In whichyou havean ownershipInterest, checkAppift to accounts maintainedW this box 11 you haveanyforeignpartners, owners, or beneficiaries. See Instructions . . . . . . . outside Me United States.) 5 Address (number, street, and apt. or suiteno.). SeeInstructions. Requester's name and address (optionef) 525 Amigos Drive, Suite 1 6 City, state,
andZAP code Redlands, CA 92373
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numbet(s) here ( optional} TaxpaysrIdentificatJonNumber ( 171N) Enter your TIN
in the appropriateboxTheTIN providedmustmatchthe namegivenonline1 to avoid Sochisecuritynumberbackup withholding. For individuals, this is generally yoursocialsecuritynumber (SSM. However, for a resident alien, sole proprietor, or disregardedentity, seethe Instructionsfor Part1, later. For otherm - entities, it isyour employerIderytifloationnumber (EIN). If you do nothavea number, see Howto geta 77N, later. or I Employer IdentlIffeaMon
numberNote: If the
accountisin more thanonename, sea the instructionsfor fine1. SeealsoWhatNameand NumberTo Give the Requesterfor guidelineson whosenumber to enter. Under penaltiesof perjury, I certifythat: 1. The number
shownon this form is my correcttaxpayerIdentificationnumber (or I am waitingfora numberto beIssuedto me); and 2. 1 am notsubjectto backupwithholdingbecause (a) I am exemptfrombackupwithholding, or ( b) I havenotbeennotifiedby the InternalRevenueService (IRS) that I am subjecttobackupwithholdingasa result of afailuretoreportall interestor dividends, or ( c) the IRShasnotifiedme thatI amno longersubject to backupwithholding; and3. 1 am
a U.S. citizenor otherU. S. person (definedbelow); and 4. The FATCA code(s) enteredon thisform ( if any) indicatingthatI am exemptfromFATCAreportingis correct. CertificationInstructions. You must cross outitem2 aboveif youhavebeennotifiedby theIRS thatyouarecurrentlysubjectto backupwithholdingbecauseyou have failed to reportall interestand dividendson yourtax return. Forrealestatetransactions, Item2 does notapply. For mortgageinterestpaid, acquisitionor abandonment of securedproperty, cancellationof debt, contributionstoan individual retirementarrangementORA), and, generally, paymentsotherthan interest and dividends, Lou are not requiredto signthe certification, but youmust provideyourcorrectTIN. Seethe instructionsfor Part11, later. SignSignatureof Here I U.
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to the InternalRevenueCodeunless otherwisenoted. Riture clevellopinents.
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the latest informationaboutdevelopmentsrelated to Form
W- 9 and its instructions, suchas legislation enactedafterthey were published, go to wwwJrs. gov1FonnW9. What's New
Une 3ahas
beenmodifiedto clarifyhow a disregardedentitycompletesthis line. An LLC that is a disregardedentityshouldcheck the appropriatebox for the tax classificationof its owner. Otherwise, it should check the " LLC" box and enter its appropriatetax classification. Cat. No. 10231X New line 3b
has beenaddedto this form. A flow -throughentryis requiredto complete this lineto indicatethat it has directorindirectforeignpartners, owners, or beneficiarieswhen it provides the FormW- 9 to anotherflow - throughentity In which it hasan ownershipinterest. Thischange Is Intended to providea flow -throughentitywith informationregardingthe status of its indirectforeignpartners, owners, or beneficiaries, so that it cansatisfyanyapplicablereportingrequirements. For example, a partnershipthat hasany indirectforeignpartnersmay be
required to completeSchedulesK- 2 and K-3. See thePartnershipInstructionsfor Schedules K- 2 and K-3 (Form1065). Purposeof Form
An Individualor
entity (Form W-9 requester) whois required to filean informationreturnwith the IRS Is givingyouthisform becausetheyFormW- 9 (
Rev. 3- 2024) 207
ACTI EDU- 01 LHEMMERS
r
a c' ORC1"
CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DD/ YYYY)
9/ 22/ 2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCERLicense # 0757776 CONTACT Lysandra Jones - Hemmers NAME:
PHONE
909 379- 1333
FAX
909 533- 2266A/ C, No, Ext): ( ) ( A/ C, No):( )
HUB International Insurance Services Inc.
PO Box 5345
Riverside, CA 92517
E- MAIL lysandra. hemmers@hubinternational. com
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B :
INSURER CActive Education
INSURER DP. O. Box 1838
Redlands, CA 92373
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDLINSDSUBRWVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY
POLICY EXP
MM/ DD/ YYYY LIMITS
A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE
1, 000, 000
CLAIMS - MADE X71OCCUR X X PHPK2585494- 004 8/ 1/ 2025 8/ 1/ 2026
DAMAGE TO RENTED
PREMISES Ea occurrence
10(),( 100
MED EXP ( Any oneperson)
0 PERSONAL & ADV INJURY
1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
3, 000, 000
POLICY PRO- JECT LOC PRODUCTS - COMP/ OP AGG
3, 000, 000
OTHER:
A AUTOMOBILELIABILITY
COMBINED SINGLE LIMIT
Ea accident
1, 000, 000
BODILY INJURY Perperson) ANY AUTO PHPK2585494- 004 8/ 1/ 2025 8/ 1/ 2026
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident
PROPERTY DAMAGE
Per accidentX HIRED X NON -OWNEDAUTOS ONLY AUTOS ONLY
UMBRELLA LIAB OCCUR EACH OCCURRENCE
AGGREGATEEXCESS LIAB CLAIMS - MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y / N
PER OTH-
STATUTE ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
N / A
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT A Professional Liabili PHPK2585494- 004 8/ 1/ 2025 8/ 1/ 2026 achProf Incident 1, 000, 000 A Misconduct/ Abuse PHPK2585494- 004 8/ 1/ 2025 8/ 1/ 2026 EachAbusiveConduct 1, 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 1D1, AdditionalRemarks Schedule, may be attachedif morespace is required) Re:
VariousSchool Programs within the DistrictCity
of Fontanais Additionalinsured on GeneralLiability per the attachedas requiredby writtencontract. Waiver of Subrogationapplies per attached. Should the policiesbe cancelledbefore the expirationdate, Hub InternationalInsurance Services Inc ( Hub), independantof anyrightswhich may be affordedwithin the policiesto thecertificateholder named below, will provideto suchcertificateholder notice of suchcancellationwithin thirty ( 30) daysof thecancellation date, exceptin theeventthe cancellationis dueto non-paymentof premium, in whichcase Hub will provideto suchcertificateholders notice of such cancellationwithin ten ( 10) days of the cancellationdate." CERTIFICATE
HOLDER CANCELLATION SHOULD
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE City of FontanaYTHE
EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. 8353
Sierra Avenue Fontana,
CA 92335AUTHORIZED
REPRESENTATIVE ACORD
25 ( 2016/ 03) @ 1988-2015 ACORDCORPORATION. All rightsreser208 TheACORDname and logo are registeredmarks of ACORD
POLICY NUMBER: PHPK2585494- 004 PI- GLD- HS ( 10/ 11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability 50, 000 limit 2 Non - Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy 30, 000 limit 2 Damage to Premises Rented to You 1, 000, 000 3
HI PAA Clarification 4
Medical Payments 20, 000 5
Medical Payments — Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments — Bail Bonds 5, 000 5
Supplementary Payment — Loss of Earnings 1,000 per day 5 Employee Indemnification Defense Coverage 25, 000 5
Key and Lock Replacement — Janitorial Services Client Coverage 10, 000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors ( with Fellow Employee Coverage)
Included 7
Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7
Additional Insured — Home Care Providers Included 7
Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8
Additional Insured — Vendor Included 8
Additional Insured — Franchisor Included 9
Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10
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Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury— includes Mental Anguish Included 11
Personal and Advertising Injury — includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage
SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
Bodily injury" or property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property.
B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
3) Based on the named insured' s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $ 50, 000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter' s liability insurance of the client.
C. Non - Owned Watercraft
SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. ( 2) is deleted in its entirety and replaced by the following:
2) A watercraft you do not own that is:
a) Less than 58 feet long; and
b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.
D. Damage to Property You Own, Rent or Occupy
SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
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LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item ( 1) is deleted in its entirety and replaced with the following:
1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another' s property, unless the damage to property is caused by your client, up to a $ 30, 000 limit. A client is defined as a person under your direct care and supervision.
E. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word " fire" is changed to " fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in:
a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:
Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:
A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract";
2. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, ( 1) ( a) ( ii) is deleted in its entirety and replaced by the following:
That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
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a. $ 1, 000, 000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
F. HIPAA
SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:
1. Paragraph 1. Insuring Agreement is amended to include the following:
We will pay those sums that the insured becomes legally obligated to pay as damages because of a " viol ation( s)" of the Health Insurance Portability and Accountability Act ( HIPAA). We have the right and the duty to defend the insured against any " suit," " investigation," or " civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any " suit' seeking damages, " investigation," or " civil proceeding" to which this insurance does not apply.
2. Paragraph 2. Exclusions is amended to include the following additional exclusions:
This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
Any willful, intentional, or deliberate " violation( s)" by any insured. b. Criminal Acts
Any " violation" which results in any criminal penalties under the HIPAA. c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.
3. SECTION V — DEFINITIONS is amended to include the following additional definitions:
a. " Civil proceeding" means an action by the Department of Health and Human Services ( HHS) arising out of "violations."
b. " Investigation" means an examination of an actual or alleged " violation( s)" by HHS. However, investigation" does not include a Compliance Review.
c. " Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA.
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G. Medical Payments — Limit Increased to $ 20, 000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $ 20, 000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. ( 3) ( b) is deleted in its entirety and replaced by the following:
b) The expenses are incurred and reported to us within three years of the date of the accident.
H. Athletic Activities
SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
I. Supplementary Payments
SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:
1. b. is deleted in its entirety and replaced by the following:
1. b. Up to $ 5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.
1.d. is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $ 1,000 a day because of time off from work.
J. Employee Indemnification Defense Coverage
SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added:
We will pay, on your behalf, defense costs incurred by an " employee" in a criminal proceeding occurring in the course of employment.
The most we will pay for any " employee" who is alleged to be directly involved in a criminal proceeding is $ 25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing " suits.
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K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following:
We will pay for the cost to replace keys and locks at the " clients" premises due to theft or other loss to keys entrusted to you by your " client," up to a $ 10,000 limit per occurrence and $ 10,000 policy aggregate.
We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, " employees", " managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a " client' for any purpose commit, whether acting alone or in collusion with other persons.
The following, when used on this coverage, are defined as follows:
a. " Client' means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. " Employee" means:
1) Any natural person:
a) While in your service or for 30 days after termination of service; b) Who you compensate directly by salary, wages or commissions; and c) Who you have the right to direct and control while performing services for you; or 2) Any natural person who is furnished temporarily to you:
a) To substitute for a permanent " employee" as defined in Paragraph ( 1) above, who is on leave; or
b) To meet seasonal or short- term workload conditions; while that person is subject to your direction and control and performing services for you. 3) " Employee" does not mean:
a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
b) Any " manager," director or trustee except while performing acts coming within the scope of the usual duties of an " employee."
c. " Manager" means a person serving in a directorial capacity for a limited liability company.
L. Additional Insureds
SECTION II — WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.
b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your " employees" are also insureds for " bodily injury" to a co - employee" while in the course of his or her employment by you or performing duties related to the conduct of your business.
This provision does not change Item 2.a.( 1)(a) as it applies to managers of a limited liability company.
c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source — Any person or organization with respect to their liability arising out of:
1) Their financial control of you; or
2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured' s option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
1) Any " occurrence" which takes place after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or
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organization is an insured only with respect to liability for " bodily injury," " property damage" or personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A person' s or organization' s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any " occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
b) The construction, erection, or removal of elevators; or c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to " bodily injury" or " property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor' s business, subject to the following additional exclusions:
1) The insurance afforded the vendor does not apply to:
a) " Bodily injury" or " property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor' s premises in connection with the sale of the product;
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g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
h) " Bodily injury" or " property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
i) The exceptions contained in Sub -paragraphs ( d) or (f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.
j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you.
k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for " bodily injury," " property damage" or " personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations
I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for " bodily injury," " property damage" or " personal and advertising injury" caused, in whole or in part, by:
1) Your acts or omissions; or
2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to " bodily injury" or " property damage" occurring after:
a) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or
b) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
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m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions:
1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.
2) This insurance does not apply to:
a) " Bodily injury," " property damage" or " personal and advertising injury" arising out of operations performed for the state or municipality; or
b) " Bodily injury" or " property damage" included within the " products - completed operations hazard."
M. Duties in the Event of Occurrence, Claim or Suit
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:
a. is amended to include:
This condition applies only when the " occurrence" or offense is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership; or
3) An executive officer or insurance manager, if you are a corporation. b. is amended to include:
This condition will not be considered breached unless the breach occurs after such claim or " suit' is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership; or
3) An executive officer or insurance manager, if you are a corporation.
N. Unintentional Failure To Disclose Hazards
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
O. Transfer of Rights of Recovery Against Others To Us
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of
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Recovery Against Others To Us is deleted in its entirety and replaced by the following:
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring " suit" or transfer those rights to us and help us enforce them.
Therefore, the insured can waive the insurer' s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
P. Liberalization
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
Q. Bodily Injury— Mental Anguish
SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
Bodily injury" means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing ( Item a. above) at any time.
R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of " personal and advertising injury" is amended as follows:
1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;
2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following:
Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
1) Any insured; or
2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
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8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0592 Agenda Date: 10/ 28/ 2025
Agenda #: L. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
RECOMMENDATION:
1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1.5 for Single Source/ Sole Source method.
2. Approve a contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program to the Fontana Expanded Learning Program's 6th through 8th grade participants.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
Increase citizen involvement by Developing future leaders.
Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
The Fontana Unified School District ( FUSD) is contracting with the City of Fontana to serve as their Fontana Expanded Program ( FELP) Provider. FELP is fully funded through the After School Education and Safety ( ASES) Grant and Expanded Learning Opportunities Program ( ELO- P).
As part of the grant -required curriculum components, FELP provides leadership opportunities and 21st Century Skill lessons to meet the program requirements as well as align with the district' s efforts to prepare students for education and leadership exploration.
It is recommended that the City contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program for FELP's 6th through 81hgrade participants in support of the Operating Agreement between the City and FUSD. The program will support student leadership development and expose them to social - emotional skills needed for successful social and academic City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
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File #: 25- 0592 Agenda Date: 10/ 28/ 2025
Agenda #: L. Category: Consent Calendar
achievement.
The Noble Youth Leadership curriculum will focus on teaching participants essential life values, including respect, dignity, and trust. Additionally, TA Mentoring LLC will train FELP staff on the Noble Youth Leadership curriculum.
This is a sole -source contract, as the curriculum is only available through TA Mentoring Services LLC and meets grant requirements. Purchasing Policy 3. 1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source.
The contract template is approved by BBK.
FISCAL IMPACT:
The program is budgeted in the adopted FY 2025/ 2026 Community Services Department operating budget as designed by the FUSD Operating Agreement. The contract cost of $ 650, 000. 00 and will be funded from Budget Unit 38624101 in the Fontana After School Program Account 8130.
The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $ 14,880, 864 per year for services provided to the grant based after school program.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
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EXHIBIT " A"
SCOPE OF SERVICES
The Contractor T.A. Mentoring Services LLC shall provide the City with a Noble Youth Leadership sessions at the at Fontan Expanded Learning Program sites for participants grades sixth through eighth. The Noble Youth Leadership curriculum will focus on teaching students' important values in life such as respect, dignity, love and trust.
Professional development will be provided to Fontana Expanded Learning Program staff on the Noble Youth Leadership curriculum. The workshops, presentations, and staff development will be conducted within a nine ( 9) month timeframe with sessions scheduled to begin on the execution of contract and conclude by June 30, 2026.
Schedule:
o Session will begin on the execution of contract and conclude by June 30, 2026.
The Contractor sessions will include:
0 12 sessions ( each cohort)
0 Up to 900 students served ( 3 cohorts at each site)
0 FELP staff members will attend Noble Youth sessions
0 Train staff in Restorative Practice circles.
0 Parent informational meetings at each site or through Zoom 0 Follow- up calls/ meetings with students and parents
o Develop outreach materials in partnership with Fontana Expanded Learning Program staff. o Three celebrations for program participants in Noble Youth - Food will be provided. o Sweatshirts, bracelets, and backpacks are provided to student participants. 0 Planning and implementation
o Summary report of program outcomes
0 Presentation to Fontana Expanded Learning Program staff on program implementation. o Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
0 Noble Youth staff will attend all meeting requests by the Fontana Expanded Learning Program. 0 In -Kind services - City will provide a space for three ( 3) celebrations. If allowed by Public Health Department.
The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions.
The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty ( 30) days' notice given in writing.
Contractor will be funded through the Expanded Learning Opportunities Program ( ELO- P).
The Contractor shall be paid within thirty ( 30) days of services rendered as follows:
June 30, 2026
650, 000 ( ELOP Funded Schools)
650, 000 ( Total)
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SCOPE OF SERVICES
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Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/ or any unforeseen weather conditions. In the event that the Contractor is set- up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set- up the Contractor may be offered an alternative performance date at the same pay rate. 16498. 00000\ 14332960. 4 A- 2 EXHIBIT " A"
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TA Mentoring Services, LLC
Noble Youth ( Restorative Circles and Mentoring)
Scope of work
Expanded Learning Youth Leadership Vision
To enhance the quality of life for youth in San Bernardino County Selection Process - Approximately 900 Expanded Learning Program students from Fontana Unified School District will be selected as Noble Youth participants. Students in grades six, seven, and eight can also request to be part of the program during recruitment period.
Cost to Participants - There is no cost to participants; Fontana Expanded Learning Program ( FELP) will cover costs through the after -school program.
Curriculum - The curriculum to be used is called " Joven Noble" ( Noble Youth). The curriculum will focus on teaching students about important values in life: respect, dignity, love, and trust. The curriculum is from the National Compadres Network and is evidence based.
Mentoring - TA Mentoring Services will provide 1 on 1 mentoring to students in the FELP Program. Mentors will interact, participate, and follow up with students throughout the After School Program. Mentors will help provide support for selected students. Mentors will be available during FELP programming times.
Staff Follow - Up — TA Mentoring Services, LLC will provide ongoing check -ins with site staff. Mentors will track and record student attendance for each session of the 12 sessions.
FELP Training- TA Mentoring Services staff will attend summer training for FELP staff in preparation for the following school year.
Informational Sessions with Parents - Students will attend an informational session with their parents to outline the objectives of the program and review guidelines and expectations.
Sessions with Students - The participants will go through 12 distinct sessions as part of the curriculum.
Training FELP staff - Fontana Expanded Learning Program ( FELP) staff will participate in training to learn how to implement Restorative Practices circles at their sites.
Ceremony- TA Mentoring Services will be responsible for all costs/ equipment/ materials associated with rites of passage ceremonies.
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CSUSB Leadership Center- The participants in Noble Youth will get to attend the Challenge Center. Continuing to build leadership and team building skills with their peers.
Advanced Noble Youth ( NY)- TA Mentoring Services will offer an advanced Noble Youth Program for students that have completed the first part and have received a certificate. The advanced will offer hands- on experience in creating a talking piece, necklace, a mask, and a shield offering the students an opportunity to learn more about themselves and their peers. ( 12- sessions)
Contract Start/ End — August 18, 2025, to June 30, 2026 Services provided to - Fontana Expanded Learning Program ( FELP) TA Mentoring Services, LLC fee includes:
12 sessions ( each cohort)
Up to 900 students served ( 3 cohorts at each site)
FELP staff members will attend Noble Youth sessions
Train staff in Restorative Practice circles.
Parent informational meetings at each site or through Zoom Follow- up calls/ meetings with students and parents
Develop outreach materials in partnership with Fontana Expanded Learning Program staff.
Three celebrations for program participants in Noble Youth - Food will be provided.
Sweatshirts, bracelets and backpacks are provided to student participants.
Planning and implementation
Summary report of program outcomes
Presentation to Fontana Expanded Learning Program staff on program implementation.
Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
In - kind services — Fontana Expanded Learning Program will provide a space for three ceremonies, certificates, and decorations.
This fee includes attending all meeting requests by the Fontana Expanded Learning Program staff.
Program payment: Fontana Expanded Learning Program agrees to pay T. A Mentoring Services LLC. in 3 installments based on the contract budget. ( start, middle, end) Total Cost: $ 650, 000
TA Mentoring Services, LLC: 760- 771- 7701 - Arredondo. Trinidad@gmail. com 226
Program Budget
Program Budget ( based on up to 900 youth served):
Item Total
Sweatshirts - 300 x 3 Cohorts 35, 000
Backpacks 300 x 3 Cohorts 10, 000
Bracelets 300 x 3 Cohorts 3, 000
Ceremony for 900 Participants X3
Cohorts 30, 000
Student Rewards 300 x 3 Cohorts 7, 000
Trainings, Special Meetings, Program
Evaluation 50, 000
1 - Facilitator Lead ( Program
Manager) 110, 000
7 Assistant Facilitators 340, 000
The CSUSB Challenge Center -
Facility fee. 39. 00 Per Student 35, 000
Transportation to CSUSB Challenge
Center 21, 000
Supplies for Advance Noble Youth 9, 000
Total 650, 000
Program Materials - Sweatshirts and backpacks are presented to students once they complete the program.
Bracelets - Presented to each participant.
Student Rewards - Students who attend weekly and actively participate are rewarded with snacks and prizes.
Ceremonies - At the end of each cohort, students are invited to attend the ceremony. Food, cake, and drinks are provided for students and their families.
Trainings - We would like to bring in organizations to provide additional training to Fontana Expanded Learning Program ( FELP) staff. This would include additional meetings, evaluation and training requested by FELP.
Facilitator - Provide oversight and program implementation.
Assistant Facilitators - Provide program support to school sites and help staff with implementation.
The CSUSB Challenge Center- This is the cost per student to attend the course.
Transportation to CSUSB Challenge Center- This is the cost of transporting students to and from the Challenge Center from each school site.
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Supplies for advance NY -TA Mentoring Services will provide all supplies for the advanced Curriculum ( talking piece, shield, necklace and mask activity.
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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 City"), and TA Mentoring Services LLC a Limited Liability Company with Its principal place of business at 50091 Kenmore St. Coachella, CA 92336 ( hereinafter referred to as " Consultant"). City and Consultant are sometimes individually referred to as Party" and collectively as " Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Noble Youth Program
hereinafter referred to as " the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SP_ rVICP_ S_
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit " A." The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2( b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit " A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 650, 000. 00 This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from September2025 to May 2026 , unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (" Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant' s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
1) Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 00 01) or exact equivalent. iii) Commercial General Liability Insurance must include coverage for the following:
1) Bodily Injury and Property Damage
2) Personal Injury/ Advertising Injury
3) Premises/ Operations Liability
4) Products/ Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground ( UCX) exclusion deleted
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8) Property Damage
9) Independent Contractors Coverage
iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured against another; ( 3) products/ completed operations liability; or ( 4) contain any other exclusion contrary to the Agreement.
v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
Automobile Liability
i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability Coverage Symbol 1, any auto).
iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self - insured retention.
C. Workers' Compensation/ Employer' s Liability
i) Consultant certifies that he/ she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing work under this Agreement.
ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/ her to carry out the work contemplated under this Agreement, all in accordance with the Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer' s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
rd
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d. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. " Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must " pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend.
e. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $ 1,000, 000 per occurrence/ $ 2, 000, 000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $ 1, 000, 000 combined single limit Employer' s Liability $ 1,000, 000 per accident or disease Professional Liability $ 1,000, 000 per claim and aggregate ( errors and omissions)
ii) Defense costs shall be payable in addition to the limits. iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 ( or insurer' s equivalent) signed by the insurer' s representative and Certificate of Insurance ( Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
i) Consultant shall provide the City at least thirty ( 30) days prior written notice of cancellation of any policy required by this Agreement, except that the 5 16499. 00150\ 32126437. 1
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Consultant shall provide at least ten ( 10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate( s) including the General Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant' s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
iii) The retroactive date ( if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant' s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
Qualifying Insurers
i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies with a current A. M. Best' s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney' s fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance of " design professional" services ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects 7 16499. 00150\ 32126437. 1
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Prevailing Wage Laws"). If the services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant' s performance of services, including any delay, shall be Consultant' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten ( 10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/ or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty ( 30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in " Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Trinidad Arredondo - Noble Youth Facilitator
Consultant shall assign as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Aareement.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sergio Barragan
sbarragan@fontanaca. gov
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T. A Mentoring Services LLC
50091 Kenmore St.
Coachella, CA 92236
Attn: Trinidad Arredondo
arredondo. trinidad@gmail. c
237
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Aareement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision( s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non - Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement. 10 16499. 00150\ 32126437. 1
238
29. City' s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SIGNATURES ON FOLLOWING PAGE]
11 16499. 00150\ 32126437. 1
239
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
M
Attest:
M
in
VENDOR NAME.
By:
Matthew C. Ballantyne T.A Mentoring Services LLC
City Manager Trinidad Arredondo
Germaine McClellan Key
City Clerk
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
Daniel Schneider
Community Services Director
0 IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By:
Rakesha L. Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES Jessica Brown
Chief Financial Officer
12 Sid Lambert
Purchasing Manager
16499. 00150\ 32126437. 1
240
EXHIBIT A
Scope of Services
13 16499. 00150\ 32126437. 1
241
Forrnw=9
Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www. irs. gov/ F`ormVVr9for instructions and the latest information., Before you begin. For guidance related to the purpose of FormW-9, seePurpose of Form, below.
W
0 E
ru
0)
Give form to the
requester. Do not
send to the IRS.
1 Nameof entity/individual. An, entry is required. (For a sole proprietor or disregarded entity, enterthe owner's nameon line 1, and enterthe business/disregarded entity' s name on line 2.)
Trinidad Arredondo
2 Business nameldisregarded entity name, if differeni from above.
T.A. Mentoring Services LLC
3a Check the appropriate box for federaltax classification of the entity/individual whose name is enteredon line 11. Check 4 Exemptions ( codes apply only to only one of the following seven boxes. certain entities, not individuals; IndividualVsole proprietor E] Ccorporation E] Scorporation Partnership E] TrusVestate see instructions on page 3):
LLC. Enterthe tax classification (C - C corporation, S = S corporation, P = Partnership) Exempt payee code fd any) Note: Checkthe "LLC" box aboveand, in the entry space, enterthe appropriate code (0, S, or P) for the tax classification of the LLC, unless, It is a disregarded einfity. A disregarded entity should Instead check the appropriate Exemption from Foreign Account Tax box for the tax classification of its owner, Compliance Act ( FATCA) reporting Other ( see Instructions) code ( if any)
3b If an line 3a you checked " Partnership" or " Trust/ estate," or chocked " LLC" and entered " P' as its tax dassffloation, Appfles to accounts maintainedand you are providing this form to a partnership, trust, or estate In which: you have an ownership interest, check outside the United SfatasJthis box If you haveany foreign partners, owners, or beneficlades. See Instructions F1 5 Address ( number, street, and apt, or suite no.). See Instructions. 500, 91 Kenmore st
6 City, state, and ZIP code
Coachella, CA 92236
7 List account number( s) here ( optional)
Requester' s name and address ( optional)
Enteryour TIN in the appropriate box, TheTIN provided must match the name givenon line 1 to avoid Social security number
backuip withholding, For individuals, this is generally your social security number ( SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part 1, later. For other entities, it is your employer, identification number (EIN). If you do not havea number, see How to get a or 0]
TIN, later.
I EmployerIdentificationnumber
Note: If the account Is In more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number ( or I am waiting for a number to be issued to me); and 2, t am not subject to backup withholding because (a) t am exempt from backup withholding, or (b) I have not been: notified by the InternalRevenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRShas notified me that 11am no longer subject to backup withhoiding; and
3. t am a U,S. citizen or other U.S. person ( defined below); and 4, The FATCAcodes) entered on this form (if any) indicating that i am, exempt from FATCAreporting is correct.
Certification instructions. You mustcrossoutitern 2 aboveif you havebeennotifiedby the IRSthat youarecurrentlysubjectto backupwithholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisitionor abandonmentof securedproperty, cancellationof debt, contributionsto an Individualretirementarrangement (IRA), and, generally, payments other than interest and dIvidends- you are not requimd to sign the sertification, but vou must orovide vour correct TNiSee thd instructions for Part It, later.
Sign Signature a
Here U. S. Person
1-7.1trIMMUS " I
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments, For the latest information about developments related to Form W- 9 and its Instructions, such as legislation enacted after they were published, go to wwwJrs.gov1F6rmW.9.
Line 3a has been modified to clarify how a disregardedentity completes Date
New Ilene3b has been added to this form. A flow - through entity is required to complete this fine to Indicate that it has direct or indirect foreign partners, owners, or beneficiaries when It provides the Form W- 9 to another flow -through entity In which it has an ownership interest,. This change is Intended to provide a flow- througih entity with: Information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any Indirect foreign partners may be required to complete Schedules K- 2 and K- 3. See the Partnershin ln% tnictions for Schedules K- 2 and K- 3 Worm 10651. this line. An LLC that is a disregarded entity should check the Purpose of Form, appropriate box for the tax classification of Its owner, Otherwise, It should check the " LLC" box and enter Its appropriate tax classification. An Individual or entity ( Form W- 9 requester) who is required to file an information return with the IRS is giving you this form because they Cat No. 10231X Form W- 9 (Rev. 3-2024)
242
M
N
AC" "
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
8/ 21/ 2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER CONTACT
NAME: MellisaWilliams
PGI - Mel' s Insurance Services, Inc.
PHONE
760) 347- 0800
FA
760- 347- 0802A/ C, No, Ell: ( A/ C, No):
ADDRESS: mel@melsinsurance7. com91557 Dr Carreon Blvd
INSURER( S) AFFORDING COVERAGE NAIC # Ste. B- 8
INSURER A: Philadelphia insurance Companies 18058Indio CA 92201 INSURED INSURER B :
INSURER C : Trinidad Arredondo - TA MENTORING SERVICES LLC INSURER D : 50091 Kenmore St
INSURER E :
INSURER F : Coachella CA 92236
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ DD/ YYYY) MM/ DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000 CLAIMS -MADEF_x1OCCUR PREMISES ( Ea occurrence) 100, 000 X MED EXP ( Any one person) 5, 000Sexual Abuse/ Molestation PERSONAL a ADV INJURY 1, 000, 000A Y PHPK2592040 10/ 01/ 2025 10/ 01/ 2026 GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3, 000, 000 X POLICY JEC LOC PRODUCTS - COMP/ OP AGG 3, 000, 000
OTHER:
AUTOMOBILE LIABILITY Ea accident)
BODILY INJURY ( Per person) ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)
HIRED NON - OWNED
AUTOS ONLY AUTOS ONLY Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS - MADE AGGREGATE
DEDI IRETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
PER 01 -
STATUTEI ER
E. L. EACH ACCIDENTANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED? N / A
E. L. DISEASE - EA EMPLOYEEMandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location 40001 - 9453 Citrus Ave., Fontana, CA 92335- 5510
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fontana Unified School District ACCORDANCE WITH THE POLICY PROVISIONS. 9680 Citrus Avenue AUTHORIZED REPRESENTATIVE
A` Gda7 &r WU1;A wl:'j
Fontana CA 92335
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD 244
CITY OF FONTANA
NON- COMPETITIVE SOURCE SEL, ECTIONJUSTIFICATION
FP
i,, oT, q' rANA
C A 1 0 R N tA
catDate~ ntract/Req. NO.* Amendn Requester: S
ergioBarr 25 nit $
650, 000M ialArno $ // 0.00Freight: $ $
i) Pre - Tax Amount: Tax: 650,000M Vendor
Narne: TA
MentoringServices, LLCM....... . . ... . ........ . .. . ................ .......... FUNDING SOURCE AND AUTHORIZATION (check as applicable) y _._ - . ... . . . . . . ....................................................... . . - - ------------ ---- ------------------------ itResourcestOthere, rtiricaF Debarnien
Anti -Lobby' ApplJ EF ' at
e (", c. ertificabl"e Attached
Fund: 386254101
Object
Code: 8130 EquiprxaeartScreearirag:6 Yes
Naxt ApplicableTitle Vests: - P u re
has e1) es c r i ption - NobleYouthProgramSource Selection - Q Mp _ efition is injilracticabUeQjqckGapp p t ) L) j): 12 _! _[ U NAVAI I,,A BL,EFROMANYOTHERSOURCE. No competitiveadvantage wouldbe gained from competitivepricing, such as whet) equipment, goods, materials, supplies, personalproperty, or set - vices areuniqueand are only availablefrornone source. Explainbelow. Include all contactstriade to verify the solesourceor singleSourcesituation.) El COOPERATIVEPURCHASING AGREEMEN,r., t, his productorservicerequiredis being purchasedundera cooperativepurchasingagreement. (.Explain below). F1 SAME PRICE
PURCHASEDBY ANOTHERPUBLIC AGENCY. The product or servicerequiredwasawardeda bid by anotherpublicagency that has purchasingproceduressubstantiallysimilar to those that thecity wouldhavebeenrequiredto use, and thevendor offersthesarric price( s) to the citythatit offeredto theother agency, 1 EMERGENCY. This productor servicerequiredis due to anemergency, determinedbythe City Manager, whichcouldriot have beenanticipatedand criticalneed precludesany form of competition. (Purchasesmorethan $ 100, 000 rust be presentedat thenext regularCityCouncil Meetingfor ratificationby theCity Council. pleaseattachsupportingdocumentationan(] approval from City Manager), OTHERREASON( S). (
Explain below), Detailinforination to
supportabove justification(s): TA Mentoring LLB;
is the sole publisheranddistributorof the Noble YouthcurriculumThe Noble Youth curriculumwill be hosted at five (5) FontanaExpandedLearningProgram middle school sites. There are no other providersthatprovidethe NobleYouth curriculum. The FontanaExpanded LearningProgram would take a piecemealapproachingathering items thatmeet the needsof the program, Appliesto purchases under a Federal Grant equalto or more than $25,000 Appliesto purchases under a Federal Giant equalto or niore than $ 100,000 Appliesto equipment purchasesundera Federal Grant equalto or more than $5, 00() LO IVC4
2. Price/CostAnalvsis (ONLYAPPLICABLETOPURCHASES/CONTRACTSTHATEXCEED $100,000):
Theactiontakenin verifyingpricereasonablenessisindicatedbelow. Identifythemethod(s) listedbelowusedtoverifyprice reasonableness. Check oneor more paragraphsbelow asapplicable.
F-1 Currentpriceschedule (verifiablecatalogue, publishedpricelist, etc.) Schedule Name/ No.: Unit Price: $ 517, 000. 00
Supplier Contact: Date of Schedule:
FM-1 Previous purchase. Noble Youth
Supplier:
TA Mentoring Services Unit Price: 517, 000. 00
PO No.: 22500572 PO Date: 10/ 22/ 2024
F-1 Similar item in related industry.
Price Source: Unit Price: 517, 000. 00
Supplier:
TA Mentoring Services
Date:
F-1Any otherReasonablebasis:
3. Small Business' Solicited ( Federally Funded Procurements Only) M Document whether Small Business, HUBZone Small Business, Small DisadvantagedBusiness, Women Owned Small Business or Service Disabled VeteransOwned Businessor Veteransof Vietnam Era Owned Businessconcernswere solicited and, if not, Why not.
E] Applicable Businesses' referencedabovewere solicited. 1No Applicable Businessesreferencedabovewere solicited because Required Signatures:
Sergio Barragan
Requestor Name ( Print)
Daniel Schneider
Department Director Name ( Print)
Attach additional sheets as needed ---------------------- S't' c Date
1/2S12,r
Date
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0593 Agenda Date: 10/ 28/ 2025
Agenda #: M. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with EBK & Company LLC to provide the US Engineering League, Mechanical Engineering/ Robotics Club for the Fontana Expanded Learning Program' s Middle School sites.
RECOMMENDATION:
1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1.5 for Single Source/ Sole Source method.
2. Approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/ Robotics Club for the Fontana Expanded Learning Program at ASES/ ELO- P Funded Middle School sites.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
Practice sound fiscal management by living within our means while investing in the future.
DISCUSSION:
The Fontana Unified School District ( FUSD) is contracting with the City of Fontana to serve as their Fontana Expanded Program ( FELP) Provider. FELP is fully funded through the After School Education and Safety ( ASES) Grant and Expanded Learning Opportunities Program ( ELO- P).
As part of the grant -required curriculum components, the FELP provides science, technology, engineering, and mathematics opportunities and 21
It
Century Skill lessons to meet the program
requirements as well as align with the district' s efforts to prepare students for education and career exploration.
It is recommended the City contract with EBK & Company LLC to provide the United States Engineering League curriculum for the Fontana Expanded Learning Program at five ( 5) middle school sites to support the Operating Agreement between the City and FUSD. The program will support and City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
pcvwTi fl by mystar
247
File #: 25- 0593 Agenda Date: 10/ 28/ 2025
Agenda #: M. Category: Consent Calendar
increase engagement in STEM, exposing participants to coding, mechanical engineering, physics, and art.
The United States Engineering League curriculum focuses on teaching students the essential values in STEM, such as media and technology literacy, productivity, social skills, communication, flexibility, and initiative. Additionally, EBK & Company LLC will train FELP staff on the US Engineering League curriculum.
FISCAL IMPACT:
The program is budgeted in the adopted FY 2025/ 2026 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost of the contract is $ 351, 000 and will be funded from Budget Unit 38624101 in the account 8130.
The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $ 14,880, 864 per year for services provided to the grant based after school program.
MOTION:
Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
p , ver d by u,js i . '
248
EXHIBIT " A"
SCOPE OF SERVICES
The Contractor EBK & Company LLCshall provide the City with Race Engineering sessions and the SumoBots League Program at five ( 5) Fontana Expanded Learning Program middle school sites. The USEL curriculum will focus on teaching students coding and fundamental building skills. Professional development will be provided to Fontana Expanded Learning Program staff on the USELcurriculum. The workshops, presentations, and staff development will be conducted within a (9) month timeframe with sessions scheduled to begin on the execution of a contract to June 30, 2026.
Schedule:
o Session will begin on the execution of the contract and conclude by June 30, 2026 The Contractor sessions will include:
o Full Implementation at five ( 5) middle school sites. 0 10-week session on Race Engineering sessions ( RCCars) o USELwill provide 2 instructors per site, a USELRace Engineering Kit, RCreplacement parts, Professional Development, and all instruction to implement the program. o RCTournament ( Event supply kits, Tournament Track, Participate Shirts, Trophies) o Full Implementation at five ( 5) middle school sites
0 10- week session on SumoBots League Program
o USELwill provide 2 instructors per site, computer equipment, SumoBot battle ring, SumoBot Kit Pieces and Kits, and all instruction to implement the program o WRO Tournament ( Event supply kits, Participate Shirts, Trophies) o Up to 600 students served.
o Up to 40 staff members training development
o Professional Video / Photography
o Summary report of program outcomes.
o Will support the City of Fontana' s efforts to collect data based on evaluation outcomes agreed to collectively.
The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days prior to the performance to guarantee payment following services. o The Contractor agrees to submit their staff working directly with participants to fingerprinting background checks and completion of Vector Solutions Mandated Reporter training prior to the performance.
The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty ( 30) days' notice given in writing.
Contractor will be funded through the Expanded Learning Opportunities Program ( ELO-P) Grant The Contractor shall be paid within thirty ( 30) days of services rendered as follows:
June 30, 2026
300, 000. 00 ( ELO- P Funded Schools)
351, 000. 00 ( Total)
16498. 00000\ 14332960. 4 A- 1 EXHIBIT " A"
SCOPE OF SERVICES
249
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/ or any unforeseen weather conditions. In the event that the Contractor is set- up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set- up the Contractor may be offered an alternative performance date at the same pay rate.
16498. 00000\ 14332960. 4 A- 2 EXHIBIT " A"
SCOPE OF SERVICES
250
PROJECT PROPOSAL 2025/ 26
Prepared by Derrick Kreimann
on August 27, 2025
USEL Youth Robotics program proposes an expanded and enhanced partnership with the Fontana Expanded Learning Program. Our program aims to provide comprehensive STEAM education, fostering critical thinking, teamwork, and advanced technical skills among students in grades 6th - 8th at middle school sites. This proposal outlines the scope of work, objectives, and expected outcomes for the 2025- 2026 academic year.
FELP Middle Schools ( 6th - 8th Grade): Implement engineering programs in schools selected by FELP for students attending middle school, focusing on Al coding, engineering, critical thinking, and teamwork.
Host events alongside district partners to showcase student achievement.
USEL SumoEots: Mechanical Engineering focused robotics program that includes fundamental coding of a remote control, with the overall theme of robot construction. This program has students design unique battling robots to push opposing robots out of a sumo ring. It is a fun way to have students think critically and creatively to achieve positive results.
USEL Race Engineering: Mechanical Engineering focused engineering program that includes instruction on race physics and car design, with the overall theme of brand building, mechanical and electrical engineering. This program has students redesign RC cars to achieve artistic design and speed awards in competition. It is a fun way to have students see how art and engineering are linked in different fields.
Host annual RoboPalooza and District Finals, providing a platform for students to showcase their skills to the community.
Facilitate participation in national competitions, aiming for high performance and representation from FELP.
Prepare for participation in international events, including the WRO International Open Championship in 2026.
Skill Development: Equip students with essential robotics and AI coding skills, fostering problem - solving, critical thinking, and teamwork that will be in demand in the workforce of the future.
Increased Student Access: Increase student participation at all FELP school sites and interest in STEAM fields by providing more access to competitive robotics programs.
Enhance Student Ability: Prepare students to utilize AI programs to enhance their current abilities by working alongside Al to come up with solutions.
Sustainable Growth: Build a sustainable and scalable robotics program that can grow with increasing student interest and participation.
Increased Participation In Al Programs: Grow student interest in Al using robotics and vision learning via RC program
Enhanced Skills: Demonstrate measurable improvements in student robotics, coding, and Al.
Competition Success: Achieve high performance in district, national, and international competitions.
Positive Feedback: Receive positive feedback from students, parents, and educators, highlighting the program' s impact on student development and engagement. 2 Dedicated USEL Instructors Per Middle School Site
Meet Once a Week for 90 Minutes
Minimum 8 Weeks Per Semester
USEL Delivers and Transports Equipment
FELP will register and provide students
USEL to host competitions with exact dates TBD
Program Launch: September 2025
RoboPalooza Event: December 2025
Future Engineers Event: April 2026
Program Concludes: May 2026
F
1111 J»
Ill l( Jfffffffffffff
The USEL Youth Robotics program is dedicated to empowering FUSD students through innovative robotics education. By expanding our partnership with the City Of Fontana FELP department, we aim to create a dynamic and impactful program that prepares students for future success in STEAM fields.
Derrick Kreimann
Phone: 909- 644- 7545
Email: ceo@usengineeringleague. org
254
CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September , 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 City"), and EBK & Company LLC a Limited Liabilty Partnership dba US Engineering League with Its principal place of business at 2933 South Walker Avenue, Ontario, CA 91761 ( hereinafter referred to as " Consultant"). City and Consultant are sometimes individually referred to as Party" and collectively as " Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Consultant - Workshops, Presentations and Staff Development Training Services for the USEL Engineering Program hereinafter referred to as " the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SP_ rVICP_ S_
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit " A." The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2( b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit " A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 351, 000. 00 This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
16499. 00150\ 32126437. 1
255
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from September1, 2025 to May 30, 2026 , unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (" Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant' s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
1) Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 00 01) or exact equivalent. iii) Commercial General Liability Insurance must include coverage for the following:
1) Bodily Injury and Property Damage
2) Personal Injury/ Advertising Injury
3) Premises/ Operations Liability
4) Products/ Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground ( UCX) exclusion deleted
7) Contractual Liability with respect to this Agreement 3 16499. 00150\ 32126437. 1
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8) Property Damage
9) Independent Contractors Coverage
iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured against another; ( 3) products/ completed operations liability; or ( 4) contain any other exclusion contrary to the Agreement.
v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
Automobile Liability
i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability Coverage Symbol 1, any auto).
iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self - insured retention.
C. Workers' Compensation/ Employer' s Liability
i) Consultant certifies that he/ she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing work under this Agreement.
ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/ her to carry out the work contemplated under this Agreement, all in accordance with the Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer' s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
rd
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d. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. " Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must " pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend.
e. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $ 1,000, 000 per occurrence/ $ 2, 000, 000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $ 1, 000, 000 combined single limit Employer' s Liability $ 1,000, 000 per accident or disease Professional Liability $ 1,000, 000 per claim and aggregate ( errors and omissions)
ii) Defense costs shall be payable in addition to the limits. iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 ( or insurer' s equivalent) signed by the insurer' s representative and Certificate of Insurance ( Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
i) Consultant shall provide the City at least thirty ( 30) days prior written notice of cancellation of any policy required by this Agreement, except that the 5 16499. 00150\ 32126437. 1
259
Consultant shall provide at least ten ( 10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate( s) including the General Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant' s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
iii) The retroactive date ( if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant' s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
Qualifying Insurers
i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies with a current A. M. Best' s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney' s fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance of " design professional" services ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects 7 16499. 00150\ 32126437. 1
261
Prevailing Wage Laws"). If the services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant' s performance of services, including any delay, shall be Consultant' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
LV
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten ( 10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/ or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty ( 30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in " Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Derrick Kreimann as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Aareement.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sergio Barragan
sbarragan@fontanaca. gov
9 16499. 00150\ 32126437. 1
EBK & Company
2933 S. Walker Ave
Ontario, CA 91761
Attn: Ericka Kreimann
ericka@usengineeringleague. com
263
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Aareement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision( s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non - Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement. 10 16499. 00150\ 32126437. 1
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29. City' s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
M
Attest:
M
in
VENDOR NAME.
By:
Matthew C. Ballantyne Ericka Kreimann
City Manager Chief Branding Officer
Germaine McClellan Key
City Clerk
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
Daniel Schneider
Community Services Director
0 IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By:
Rakesha L. Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES Jessica Brown
Chief Financial Officer
12 Sid Lambert
Purchasing Manager
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EXHIBIT A
Scope of Services
13 16499. 00150\ 32126437. 1
N
Form 9 Request for Taxpayer Give Form to the
Rev. December 2014)
Identification Number and Certification
requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name ( as shown on your income tax return). Name is required on this line; do not leave this line blank.
EBK & Company LLC
N2 Businessname/disregardedentityname, if differentfromabove a US Engineering League
3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions ( codes apply only to CO Individual/ sole proprietor or C Corporation S Corporation Partnership Trust/ estate certain entities, not individuals; see
instructions on a e 3pageg
d o
C. p
41 single - member LLC
Limited liability company. Enter the tax classification ( C= C corporation, S= S corporation, P= partnership) P aExempt payee code ( if any)
p ? Note. For a single - member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting y the tax classification of the single - member owner. code ( if any) IL Other ( see instructions) Applies to accounts maintained outside the U. S.) E 5 Address ( number, street, and apt. or suite no.) Requester' s name and address ( optional) Q 9051 Rochester Ave
to 6 Cit state andZIPcode
kanchoCucamonga, CA 91730
7 List account number( s) here ( optional)
Taxpayer Identification Number ( TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number ( However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For otherpage m - entities, it is your employer identification number ( EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. Ifthe accountis in morethanonename, seethe instructionsfor line1andthe charton page4 for I Employeridentificationnumber guidelines on whose number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number ( or I am waiting for a number to be issued to me); and
2. 1am not subject to backup withholding because: ( a) I am exempt from backup withholding, or ( b) I have not been notified by the Internal Revenue Service ( IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. 1am a U.S. citizen or other U.S. person ( defined below); and
4. The FATCA code( s) entered on this form ( if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ( IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.
Sign Signature of
Here U. S. person Date 06/ 24/ 2025
General Instructions"
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W- 9 (such as legislation enacted after we release it) is at www. irs. gov/ fw9.
Purpose of Form
An individual or entity ( Form W- 9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number ( rIN) which may be your social security number ( SSN), individual taxpayer identification number ( ITIN), adoption taxpayer identification number ( ATIN), or employer identification number ( EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
Form 1099- INT ( interest earned or paid)
Form 1099- DIV ( dividends, including those from stocks or mutual funds) Form 1099- MISC ( various types of income, prizes, awards, or gross proceeds) Form 1099- B (stock or mutual fund sales and certain other transactions by brokers)
Form 1099- S (proceeds from real estate transactions)
Form 1099- K (merchant card and third party network transactions) Form 1098 ( home mortgage interest), 1098- E ( student loan interest), 1098- T tuition)
Form 1099- C ( canceled debt)
Form 1099- A (acquisition or abandonment of secured property) Use Form W- 9 only if you are a U.S. person ( including a resident alien), to provide your correct TIN.
ff you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.
By signing the filled - out form, you:
1. Certify that the TIN you are giving is correct ( or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U. S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code( s) entered on this form ( if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.
Cat. No. 10231X Form W- 9 ( Rev. 12-2014)
268
69Z
BUSINESS TAX CERTIFICATE CITY OF FONTANA 8353 Sierra Avenue - Fontana, CA 92335 Phone: ( 909) 350- 7675
The person, firm or corporationnamed on this certificate Is hereby granted this certificate, pursuantto the provisionsof Chapter 15 of ft FontanaCity Code, to engage In, carry on or conduct, In the City of Fontana, the business trade, calling profession, exhibition, or avocation described below. This Business Tax Certificate does not constitute evidence that all requirements of the Fontana City Code or regulatory agencies have been satisfied. This Business Tax Certificate is NOT TRANSFERABLE.
BUSINESS NAME: Us Engineering League
BUSINESS OWNER: Ericka B Kreimann
Derrick i Kreimann
BUSINESS LOCATION: 814 Alpine ST
Upland, CA 91786- 4513
BUSINESS PHONE NO.. ( 909) 644- 7545
BUSINESS DESCRIPTION: EDUCATION/ SCHOOL
Business Tax Account Number: 065972
Effective Date: 121112024
Expiration Date: 11/ 30/ 2025
NOT TRANSFERABLE
TO BE POSTED IN A CONSPICUOUS PLACE
Starting January1, 2021, Assembly Bill 1607 requires the preventionof gender -baseddiscriminationof businessestablishments.
A full notice is available in English or other languages by going for, https./ twww, dcaco. gov/ publications/.
ACC) R " CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
7/ 21/ 2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Marsh & McLennan Agency LLC
6160 Golden Hills Drive
Minneapolis MN 55416
CONTACT
NAME: Select Certificates MpIS
PHONE FAX
A/C No EXt : 763- 746- 8000 A/ c, No):
ADDRESS: [email protected]
INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: Markel Insurance Company 38970
INSURED
EBK&COMPAINSURERB: HartfordCasualtyInsuranceCompany 29424 EBK & Company LLC dba US Engineering League
2933 S. Walker Ave
INSURER C :
INSURERD: Ontario CA 91761
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 131582321 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
I
SUBR
POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY
POLICY EXP
MM/ DDIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY CCP4267 7/ 14/ 2025 7/ 14/ 2026 EACH OCCURRENCE 1, 000, 000
CLAIMS - MADE OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence 100, 000
MED EXP ( Any one person) 10, 000
PERSONAL & ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3, 000, 000 POLICY
PRO
LOCJECT PRODUCTS - COMP/ OP AGG 3, 000, 000
OTHER:
A AUTOMOBILE LIABILITY CCP4267 7/ 14/ 2025 7/ 14/ 2026
COMBINED SINGLE LIMIT
Ea accident 1, 000, 000
BODILY INJURY ( Per person) ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accidentX HIRED X NON -OWNEDAUTOS ONLY AUTOS ONLY
A X UMBRELLA LIAB X OCCUR CCU30817 7/ 14/ 2025 7/ 14/ 2026 EACH OCCURRENCE 2, 000, 000 AGGREGATE 200, 000EXCESS LIAB CLAIMS - MADE
DED X RETENTION $ in ono
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
41 WECCE9568 8/ 15/ 2025 8/ 15/ 2026 X
PER OTH-
STATUTE ER
E. L. EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? NIA
E. L. DISEASE- EA EMPLOYEE 1, 000, 000Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000 A Abuse & Molestation CCP4267 7/ 14/ 2025 7/ 14/ 2026 Each Occurrence 1, 000, 000 Aggregate 3, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is hereby provided evidence of coverage.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fontana
8353 Sierra Ave
Fontana, CA 92335
AUTHORIZED REPRESENTATIVE
V,
@ 1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD 270
r
CITY OF FON ANA N
NON- COMPE' rITIVE SOURCE, SELECTION JUSTIFICATION
i1r -
ContractJReq. No.: AmendmentNra,: ectuestorm l:bate:
ESergio
Barragan / / 5
Pre " Tax Amount: $ : 351, 000, 0 ' Tax: ] I. 0 I* refight ` o. Q ' 1"otal Arnounta : 3 1, C100. 00 ww. wwwww ............
Vendor Name:
BK & Company LL.0
FUNDING SOURCE AND AUTHORIZATION ( check as applicable) City Resources
Lfl
Gov' t Grant ----[?
jjOther"
Certifications: tiebarnrent4 —
Ej _
Anti- L ol7bys Certificate( s) Not.
Attached AIlplicable
I{ urrcle__ 56254101.._.___.___
d__. ---
IxC, pectC;ede._ 5135._
Equipment Screening': ' Yes Not Applicable ---] ' Title Vests; Purchase Description:
U EL curriculum, iumoBot kits, and Face Engineering kits.
SourceSelection _Conipg(ttion is. a tic, ble Check, at) inte_bo UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantagewould be gained from competitive pricing, such aswhen equipment, goads, materials, supplies, personal property, or services are unique and are only available Ii•onr one Source.
Explain below. Include all contactsmade to verify the sale source or single source situation..) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchasedunder acooperative purchasing agreement. ( Explain below).
SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. Theproductor servicerequiredwasawardedabid by anotherpublic agencythat haspurchasing proceduressubstantially similar to thosethat the city would have been required to use, andthevendoroffersthe sameprice(s) to thecity thatit offered to theotheragency.
El EMERGENCY. Thisproductorservicerequiredisduetoanemergency, determinedbytheCityManager, whichcouldriothave beenanticipatedandcritical needprecludesanyfarmof competition. (purchasesmorethan $100,000mustbepresentedat thenext. regularCity Council. Meetingfor ratificationby theCity Council. Pleaseattachsupportingdocurrrentationandapprovalfrorn City Manager).
l OTHER REASON(S). (E?xplain below).
Detail information to support abovejustification( s):
EBK « Company1 * and •
Engineering kits. USEL curriculum, SumoBot e hosted
five (5) Fontana Expanded Learning Program middle school sites. There are no other providers that provide the USEL curriculum, The Fontana Expanded Learning Program would take a piecemeal approach gathering .... needs of .
w.
program,
aAppliesto purchasesundera1ederalGrantequalto ormorethan $2 , 000 Applies to purchases under- a federal Grant equal to or more than $ 100, 000 Applies to equipment purchases under a Federal Grant equal to or more than $5, 000
2. Price/ Cost Analysis ( ONLYAPPLICABLE TO PURCHASES/ CONTRACTS THAT EXCEED $ 100, 000):
The action taken in verifying price reasonablenessis indicated below. Identify the method(s) listed below usedto verify price reasonableness. Check one or more paragraphsbelow as applicable. 5011 Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/ No.: Unit Price: $ 351, 000. 00
Supplier Contact: Derrick Kreimann Date of Schedule:
Previous purchase. US Engineering League
Supplier: EBK & Company LLC
Unit Price: 351, 000. 00
PO No.: 22500571 PO Date: 6/ 30/ 2025
Similar item in related industry.
Price Source: Unit Price: 351, 000. 00
Supplier: EBK & Company LLC
Date:
Any other Reasonablebasis:
3. Small Business' Solicited ( Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.
Applicable Businesses' referenced above were solicited.
No Applicable Businesses referenced above were solicited because Required Signatures:
Requestor Name ( Print)
Daniel Schneider
Department Director Name ( Print)
Attach additional sheets as needed ------------------------- 4e "D
at ire Date
Department Dr or Signature Date
4 M
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0594 Agenda Date: 10/ 28/ 2025
Agenda #: N. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with Bestwenty4 Studios LLC for the Season of Success Program for the Fontana Expanded Learning Program.
RECOMMENDATION:
1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1.5 for Single Source/ Sole Source method.
2. Approve a contract with Bestwenty4 Studios LLC to provide and deliver the Season of Success program for the Fontana Expanded Learning Program' s participants.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
Increase citizen involvement by developing future leaders.
Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
The Fontana Unified School District ( FUSD) is contracting with the City of Fontana to serve as their Fontana Expanded Program ( FELP) Provider. FELP is fully funded through the After School Education and Safety ( ASES) Grant and Expanded Learning Opportunities Program ( ELO- P).
As part of the grant -required curriculum components, FELP provides youth development components and 21st-century skills lessons to meet the program requirements, as well as align with the district' s efforts to support student education and social -emotional learning.
It is recommended the City contract with Bestwenty4 Studios LLC to provide the Season of Success Program for the Fontana Expanded Learning Program at elementary and middle school sites to support the Operating Agreement between the City and FUSD. The program will support participants' interpersonal skills and expose them to social - emotional skills needed for successful social and academic achievement.
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File #: 25- 0594 Agenda Date: 10/ 28/ 2025
Agenda #: N. Category: Consent Calendar
The Season of Success programming will focus on teaching participants essential life values, including self- awareness, conflict resolution, and responsible decision - making. Additionally, FELP staff will receive training on the FUNdamentals of Fun curriculum provided by Bestwenty4 Studios LLC.
This is a sole -source contract as the curriculum is only available through Bestwenty4 Studios LLC and meets grant requirements. Purchasing Policy 3. 1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source.
The contract template is approved by BBK.
FISCAL IMPACT:
The program is budgeted in the adopted FY 2025/ 2026 Community Services Department operating budget as designed by the FUSD Operating Agreement. The program cost is $ 106, 000. 00 and will be funded from budget unit 38624101 in account 8130.
The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $ 14,880, 864 per year for services provided to the grant based after school program.
MOTION:
Approve staff recommendation
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EXHIBIT " A"
SCOPE OF SERVICES
The Contractor, Bestwenty4 Studios LLC. shall provide the City with the Season of Success presentation for the Fontana Expanded Learning Program school sites. These presentations will focus on the CASEL's Social -Emotional framework to motivate participants to succeed at school, home and community. The events will be conducted within nine ( 9) months, with in -person visits scheduled to begin on execution of contract and conclude by June 30, 2026.
The contractor will service:
o Season of Success Presentations at 33 FELP school sites 28 Elementary School In -person sessions
Two sessions for each elementary ( K- 2 & 3- 5)
5 Middle School In -person sessions
One session each( 6- 8)
Total: 61 Sessions
Session Length: 2 hours each
o FUNdamentals Of Fun 4 Hour Staff
3 Facilitation Trainings
For all visits, the City of Fontana shall provide:
o Calendar schedule for ( 3) virtual assembly and ( 5) in -person visits. o Use of facility space.
o Use of facility sound system equipment for volume amplification ( which may include); speakers, microphones, music stands, boom stands, monitors, and miscellaneous cables. o Use of facility visual system equipment for visual presentation ( which may include), projector and projector screen.
o Contractor shall work directly with FELPstaff regarding all technical event needs.
The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions.
The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty ( 30) days' notice given in writing.
Contractor will be funded through the Expanded Learning Opportunities Program ( ELO- P).
The Contractor shall be paid within thirty ( 30) days of services rendered as follows:
June 30, 2026
106, 000 ( ELO- P Funded Schools)
106, 000. 00 ( Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
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The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/ or any unforeseen weather conditions. In the event that the Contractor is set- up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set- up the Contractor may be offered an alternative performance date at the same pay rate. 276
CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 City"), and BESTWENTY4 Studios LLC a Limited Liabilty Partnership CASEL's Social Emotional Framework With Its principal place of business at 1440 Beaumont Avenue Suite A2 # 102, Beaumont, CA 92223 ( hereinafter referred to as " Consultant"). City and Consultant are sometimes individually referred to as Party" and collectively as " Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Consultant - Workshops, Presentations focused on CASEL' s Social - Emotional framework hereinafter referred to as " the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SP_ rVl[; P_S_
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit " A." The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2( b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit " A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 106, 000. 00 This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from September1, 2025 to May 30, 2026 , unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (" Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant' s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
1) Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 00 01) or exact equivalent. iii) Commercial General Liability Insurance must include coverage for the following:
1) Bodily Injury and Property Damage
2) Personal Injury/ Advertising Injury
3) Premises/ Operations Liability
4) Products/ Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground ( UCX) exclusion deleted
7) Contractual Liability with respect to this Agreement 3 16499. 00150\ 32126437. 1
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8) Property Damage
9) Independent Contractors Coverage
iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured against another; ( 3) products/ completed operations liability; or ( 4) contain any other exclusion contrary to the Agreement.
v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
Automobile Liability
i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability Coverage Symbol 1, any auto).
iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self - insured retention.
C. Workers' Compensation/ Employer' s Liability
i) Consultant certifies that he/ she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing work under this Agreement.
ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/ her to carry out the work contemplated under this Agreement, all in accordance with the Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer' s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
rd
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d. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. " Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must " pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend.
e. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $ 1,000, 000 per occurrence/ $ 2, 000, 000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $ 1, 000, 000 combined single limit Employer' s Liability $ 1,000, 000 per accident or disease Professional Liability $ 1,000, 000 per claim and aggregate ( errors and omissions)
ii) Defense costs shall be payable in addition to the limits. iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 ( or insurer' s equivalent) signed by the insurer' s representative and Certificate of Insurance ( Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
i) Consultant shall provide the City at least thirty ( 30) days prior written notice of cancellation of any policy required by this Agreement, except that the 5 16499. 00150\ 32126437. 1
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Consultant shall provide at least ten ( 10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate( s) including the General Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant' s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
iii) The retroactive date ( if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant' s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
Qualifying Insurers
i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies with a current A. M. Best' s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney' s fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance of " design professional" services ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects 7 16499. 00150\ 32126437. 1
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Prevailing Wage Laws"). If the services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant' s performance of services, including any delay, shall be Consultant' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
LV
16499. 00150\ 32126437. 1
284
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten ( 10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/ or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty ( 30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in " Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Bryan Stephens as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Aareement.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sergio Barragan
sbarragan@fontanaca. gov
9 16499. 00150\ 32126437. 1
BESTWENTY4 Studios LLC
1440 Beaumont Ave. Suite A2 # 102
Beaumont, CA 92223
Attn: Bryan Stephens
909- 347- 0711
285
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Aareement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision( s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non - Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement. 10 16499. 00150\ 32126437. 1
286
29. City' s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SIGNATURES ON FOLLOWING PAGE]
11 16499. 00150\ 32126437. 1
287
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA VENDOR NAME.
By: By:
Matthew C. Ballantyne
City Manager
Attest:
By: By:
Germaine McClellan Key
City Clerk
By:
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
Daniel Schneider
Community Services Director
Bryan Stephens
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By:
Rakesha L. Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES Jessica Brown
Chief Financial Officer
12 Sid Lambert
Purchasing Manager
16499. 00150\ 32126437. 1
288
EXHIBIT A
Scope of Services
13 16499. 00150\ 32126437. 1
289
293
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Request for Taxpayer Give Form to the
Form
Identification Number and Certification requester. Do not Rev. October2018)
Department of the Treasury
send to the IRS.
Internal Revenue Service Go to www. irs. gov/ FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Nameis requiredon this line; do not leavethis line blank.
BRYAN E. STEPHENS
2 Business name/ disregarded entity name, if different from above BESTWENTY4 STUDIOS LLC
CQ 3 Checkappropriateboxforfederaltaxclassificationofthepersonwhosenameisenteredonline1. Checkonlyoneofthe 4 Exemptions (codesapplyonlyto following seven boxes.
certain entities, not individuals; see
caa instructions on page 3):
o Individual/ sole proprietor or ElC Corporation ElS Corporation ElPartnership Trust/ estate single - member LLC Exemptpayeecode (if any)
cao Limitedliabilitycompany. Enterthetaxclassification (C=Ccorporation, S=Scorporation, P=Partnership) 0. c Note: Check the appropriate box in the line abovefor the tax classification of the single -memberowner. Do not check Exemptionfrom FATCAreporting a LLC if the LLC is classified as a single -member LLCthat is disregardedfrom the owner unless the owner of the LLC is code ( if any) E c another LLCthat is not disregardedfrom the owner for U.S, federal tax purposes. Otherwise, a single -member LLCthat n o is disregarded from the owner should check the appropriate box for the tax classification of its owner. y Other ( see instructions)
Applies to accounts maintained outside the U. S.)
N 6 Address (number, street, andapt. orsuiteno.) Seeinstructions. Requester' s name and address ( optional) in 1440BEAUMONTAVESUITEA2 #102
6 City, state, and ZIP code
BEAUMONT, CA 92223
7 List account number( s) here ( optional)
Taxpayer Identification Number ( TIN)
EnteryourTINin theappropriatebox. TheTINprovidedmustmatchthenamegivenonline1to avoid Social security number FM m — FFM
backupwithholding. Forindividuals, thisisgenerallyyoursocialsecuritynumber (SSN). However, fora disregarded entity, see the instructions for Part I, later. For otherresident alien, sole proprietor, or oetiti— it is xtr,i it amninxipr irlpntificatinn ni imher fEINI. If you do not have a number. see How to qet a TIN, later.
Note: If the account is in more than one name, see the instructions for line i Number To Give the Requester for guidelines on whose number to enter.
Also see What Name and
or
Under penalties of perjury, I certify that:
1. Thenumbershownonthisformismycorrecttaxpayeridentificationnumber (or I amwaitingfor a numberto beissuedto me); and
2. 1amnotsubjectto backupwithholdingbecause: (a) Iamexemptfrombackupwithholding, or (b) I havenotbeennotifiedbythe InternalRevenue Service (IRS) thatI amsubjectto backupwithholdingasaresultof afailureto reportallinterestordividends, or (c) theIRShasnotifiedmethatI am no longer subject to backup withholding; and
3. 1am a U.S. citizen or other U.S. person ( defined below); and
4. The FATCAcode(s) entered on this form (if any) indicating that l am exempt from FATCAreporting is correct.
Certificationinstructions. Youmustcrossoutitem2aboveif youhavebeennotifiedbytheIRSthatyouarecurrentlysubjectto backupwithholdingbecause youhavefailedtoreportallinterestanddividendsonyourtaxreturn. Forrealestatetransactions, item2doesnotapply. Formortgageinterestpaid, acquisitionorabandonmentofsecuredproperty, cancellationofdebt, contributionstoanindividualretirementarrangement (IRA), andgenerally, payments otherthaninterestanddividends, youarenotrequiredtosignthecertification, butyoumustprovideyourcorrectTIN. SeetheinstructionsforPart11, later.
Sign Signature of
Here U.S. person g. . i Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W- 9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individualor entity (FormW-9 requester) who is requiredto file an information return with the IRS must obtain your correct taxpayer identification number ( TIN) which may be your social security number SSN), individual taxpayer identification number ( ITIN), adoption taxpayer identification number ( ATIN), or employer identification number EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
Form 1099- 1NT (interest earned or paid)
Form 1099- DIV (dividends; including thdse from stocks or mutual funds)
Form 1099- MISC ( various types of income, prizes, awards, or gross proceeds)
Form 1099- B ( stock or mutual fund sales and certain other transactions by brokers)
Form 1099- S (proceeds from real estate transactions)
Form 1099- K (merchant card and third party network transactions) Form 1098 ( home mortgage interest), 1098- E (student loan interest), 1098- T ( tuition)
Form 1099- C ( canceled debt)
Form 1099- A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to therequester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X FormW- 9 ( Rev. 10-2018)
01W
r ) ®
A DO CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYW)
09/ 2212025
THISCERTIFICATEIS ISSUEDAS A MATTEROF INFORMATIONONLYAND CONFERSNORIGHTSUPONTHECERTIFICATEHOLDER. THIS
CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW. THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEA CONTRACTBETWEENTHEISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificateholderis an ADDITIONALINSURED, the policy(ies) must haveADDITIONALINSUREDprovisionsor be endorsed. If SUBROGATIONISWAIVED, subjectto thetermsandconditionsof thepolicy, certainpoliciesmayrequirean endorsement. A statementon this certificatedoesnot conferrights to the certificateholderin lieu of such endorsement(s).
PRODUCER
Hiscox Inc. d/ b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328
CONTACT
NAME:
A1c0NEExt ( 888) 202 3007 aC No):
E- MAIL
contact@hiscox. comADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Hiscox Insurance Company Inc 10200
INSURED INSURER B
INSURER C : Bestwenty4 Studios LLC
1440 Beaumont Avenue Suite A2 102
Beaumont, CA 92223
INSURER D
INSURER E :
INSURER F :
ter .. c !^ cGTICIf` ATI= fdIiMRFR• REVISION NUMBER:
IV 1r" 11- V
THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREIN15SUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES. LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.
INRILTR TYPE OF INSURANCE
ADDL
N D
SUER
WVD POLICY NUMBER MM/DDY
EFF EXP
MMIDDPOLICY/YYYY LIMITS
X COMMERCIALGENERAL LIABILITY EACH OCCURRENCE 1, 000, 000
CLAIMS - MADE Z OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence 100, 000
MED EXP ( Any one person) 5, 000
A P102. 119. 190. 3 12/09/2024 12/09/2025 PERSONAL & ADVINJURY 1, 000, 000 GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 PRODUCTS - COMP/OPAGG s S/T Gen. Agg. X
PRO
LOCPOLICY JECT
OTHER:
AUTOMOBILE LIABILITY Eaaccident)nSINGLELIMIT
BODILY INJURY ( Per person)
ANY AUTO
BODILY INJURY ( Per accident) ALL OWNED SCHEDULED
AUTOS AUTOS
NON - OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
Per accident
UMBRELLA LAB
HCLAIMS-MADE
OCCUR EACH OCCURRENCE
AGGREGATEEXCESS LIAB
DIEDI I RETENTION $
WORKERS COMPENSATION STATUTE ERH
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E.L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEEOFFICERIMEMBEREXCLUDED?
Mandatory in Ni
N / A
E. L. DISEASE - POLICY LIMITIf yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTIONOFOPERATIONS / LOCATIONS / VEHICLES (ACORD101, AdditionalRemarksSchedule, maybeattachedif morespaceis required) Fontana Unified School District
9680 Citrus Ave
fontana, CA 92335
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
v I oo- cu 17 r a, vrw . vr rvrv+ l rvl.. 1lya. ,
ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD 304
AC
R® CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DDIYYYY)
09l22/ 2025
THISCERTIFICATEISISSUEDASA MATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER. THIS
CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW. THIS CERTIFICATEOF INSURANCEDOESNOTCONSTITUTEA CONTRACTBETWEENTHE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificateholderis an ADDITIONALINSURED, the policy(ies) musthaveADDITIONALINSUREDprovisionsor be endorsed. If SUBROGATIONISWAIVED, subjectto thetermsandconditionsof thepolicy, certainpoliciesmayrequirean endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Hiscox Inc. d/ b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328
CONTACT
NAME:
PHHOIACNEEx ( ggg) 202- 3007 ac No
contact@hISCOX. COmADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: Hiscox Insurance Company Inc 10200
INSURED INSURER B :
INSURER C : Bestwenty4 Studios LLC
1440 Beaumont Avenue Suite A2 102
Beaumont, CA 92223
INSURER D
INSURER E :
INSURER F :
n^ WMonr_ CQ rPOTIGICATE NUMBER: REVISION NUMBER:
vTHIS 'ISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS
CERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE
ADDL SUER
WV NUMBER MMIDDYEFFPOLICPOLICYMMIDDYEXP
LIMITS
X
COMMERCIALGENERAL LIABILITY EACH OCCURRENCE1000, 000_ CLAIMS -
MADE OCCUR DAMAGETO
RENTED PREMISES
Ea occurrence100 000 MED
EXP ( Any one person) 5, 000A
P102. 119. 190. 3 12/ 09/202412/ 09/2025PERSONAL & ADV INJURY1, 000,000 GEN' L AGGREGATELIMIT APPLIESPER: GENERAL AGGREGATE 2, 000,000 PRODUCTS - COMP/ OP AGGs SITGen. Agg. XPRO-
LOC
POLICYEl OTHER:
AUTOMOBILE
LIABILITY EaacccdentSINGLELIMIT BODILY
INJURY ( Per person) ANY
AUTO BODILY
INJURY ( Per accident) ALLOWNEDSCHEDULED AUTOS
AUTOS NON
OWNEDHIRED
AUTOS AUTOS PROPERTYDAMAGE
Per
accidentUMBRELLA
LIAB OCCUR EACH OCCURRENCEHCLAIMS-
MADEAGGREGATE EXCESSLIAR DED
I I RETENTION$ WORKERS
COMPENSATIONSTATOTUTE ERH
AND
EMPLOYERS' LIABILITY
Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE
E. L. EACH ACCIDENTE. L. DISEASE -
EAEMPLOYEEOFFICERIMEMBEREXCLUDED? Mandatory
in NH)
N / A E.
L. DISEASE -
POLICYLIMITIf yes, describeunderDESCRIPTIONOF OPERATIONS below DESCRIPTIONOF OPERATIONS
I LOCATIONS / VEHICLES (ACORD101, Additional RemarksSchedule, maybe attachedIf more space isrequired) GER I I[- IGA I t t1ULUtKCITYOF FONTANA
8353 SierraAve
fontana, ca 92335
SHOULD ANYOF
THE ABOVEDESCRIBEDPOLICIESBE CANCELLED BEFORE THEEXPIRATION DATE
THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCEWITH THE
POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVEtw -
I V00-
LU LUH%. vrcU Vwrxr'w \^ I IWIM. ^ u nynw .c 1 .— ACORD 25 ( 2016103) The ACORDname and logo are registeredmarksof ACORD 305
BUSINESS TAX CERTIFICATE CITY OF FONTANA
8353 Sierra Avenue- Fontana,
3 9
Phone: ( 909) 50-76757675
Theperson,firmorcorporationnamedonthiscertificateisherebygrantedthiscertificate, pursuanttotheprovisionsofChapter15oftheFontanaCityCode, toengagein, carryonorconduct, intheCityofFontana, thebusinesstrade, callingprofession, exhibition, oravocationdescribedbelow. ThisBusinessTaxCertificatedoesnotconstituteevidencethatallrequirementsoftheFontanaCityCodeorregulatoryagencieshavebeensatisfied. ThisBusinessTaxCertificateisNOTTRANSFERABLE BUSINESS NAME:' Bestwenty4
BUSINESS OWNER: Bryan E Stephens
BUSINESSLOCATION 1440 BeaumontAVE # A2 102
BUSINESS PHONE NO.: ( 951) 347- 0711
BUSINESS DESCRIPTION: Youth Leadership &
Empowerment W/ City Events
Beaumont, CA 92223- 6824
Business Tax Account Number: 066264
BESTWENTY4
Effective Date: 9/24/ 2025
1440` BEAUMONT AVE # A2 102 Expiration Date: 8/ 31/ 2026 BEAUMONT, CA 92223- 6824
NOT TRANSFERABLE
TO BE POSTED IN A CONSPICUOUS PLACE
StartingJanuary1, 2021AssemblyBill1607requiresthepreventionofgender -baseddiscriminationofbusinessestablishmentsAfullnoticeisavailableinEnglishorotherlanguagesbygoingto https://www.dca.ca.gov/publications/. 011^'.
CITY OF FONTANA
NON- COMPETITIVE SOURCE SELECTION JUSTIFICATION
FON' rANA
N, A
Contract/Req. No .: ArnendrnentR_ Requestor: Sergiorgio Barora:
a: 1o! t--= Pre-
An1onnt_ 106,
000. 00 00 Freight: mo tal
Amunt: t $ 9/ 2/
106,
02050.00
VendorName: estwenty4
Studios LLC TMEM City Resources
Gov'
t Grant Other Certifications: Debarment4 Anti-
Lobby- 5 Not Certificate(SI Attached
Applicable Fund:
386254101
Object
Code: 8130 Equipment Screening`": V(
A DE NotApplicable
IVICitle
Vests: Purchase
Description:
Season
of Success PresentationsSourceSelection - for,,
critiou is ilupracticableCheckapproriate box 1) ..... p J: UNAVA I L, ABLE FROMANYOTHERSOURCE. No competitiveadvantagewouldbe gained from competitivepricing, suchas when equipment, goods, materials, supplies, personalproperty, or servicesare uniqueand areonly availablefrornonesource, Explainbelow. Include all contactsmade to verify the SoleSourceor singlesource situation.) COOPERATIVEPURCHASINGAGREEMENT.
This product or servicerequiredis being purchasedundera cooperativepurchasingagreement, (Explain below). SAME PRICE PURCHASED
BY ANOTHERPUBLIC AGENCY. The product or servicerequiredwasawardeda bid by anotherpublicagency that has purchasingproceduressubstantiallysimilar to those that thecity wouldhavebeenrequiredto use, and thevendor offersthesame price( s) to the citythatit offeredto theother agency. EMERGENCY. This product or servicerequiredis due to anemergency, determinedbythe City Manager, whichcouldnot have beenanticipatedand criticalneed precludesany forrnof competition. (Purchasesmorethan $ 100, 000 mustbe presentedat thenext regularCityCouncil Meetingfor ratificationby theCity Council. Pleaseattachsupportingdocumentationand approvalftorn CityManager). OTHERREASON ( S). (
Explain below). Detailinformation to
supportabove justification(s): Bestwenty4Studios LLC
is the sole publisherandpresenterof the Season of Success. There areno other providersthat providethe Seasonof SuccessProgram. TheFontanaExpandedLearningProgramwould take a piecemealapproachingatheringitems thatmeet the needsof theprogram. I Appliesto purchasesunder a Federal Grantequalto or morethan $25,000 5 Appliesto purchasesLindera Federal Grantequalto or morethan $100,000 I Appliesto equipmentpurchasesundera Federal Grantequalto or morethan $5, 000 01YA
2. Price/ Cost Analysis ( ONLYAPPLICABLE TO PURCHASES/ CONTRACTS THATEXCEED $ 100 000):
Theactiontakenin verifyingpricereasonablenessisindicatedbelow. Identifythemethod(s) listedbelowusedtoverifyprice reasonableness. Check one or more paragraphs below as applicable.
Currentprice schedule (verifiable catalogue, publishedprice list, etc.) Schedule Name/ No.: Unit Price: $ $ 106, 000. 00
Supplier Contact: Bestwenty4 Studios LLC Dateof Schedule: 9/ 2/ 2025 Previous purchase.
Supplier: Unit Price: $ 106, 000. 00
PO No.: PO Date:
Similar item in related industry.
Price Source: Unit Price: $ 106, 000. 00
Supplier: Date:
Any other Reasonable basis:
3. Small Business' Solicited ( Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled VeteransOwned Businessor Veteransof Vietnam Era Owned Businessconcernswere solicited and, if not, why not.
Applicable Businesses' referenced above were solicited.
No Applicable Businesses referenced above were solicited because Attach additional sheets as needed ---------------------- Required Signatures:
Sergio Barragan
Requestor Name ( Print)
Daniel Schneider
Department Director Name ( Print)
308
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0595 Agenda Date: 10/ 28/ 2025
Agenda #: O. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Final Acceptance for the Construction of the San Sevaine Trail Phase 1, Segment 2 Project ( Bid No.
SB- 109- DE- 23)
RECOMMENDATION:
Accept as complete the work performed by H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase 1, Segment 2 Project (# 37603345).
COUNCIL GOALS:
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
On December 12, 2023, the City Council awarded a construction contract to H&H General Contractors, Inc. in the amount of $ 13,314, 324. 00 and authorized a contingency amount of 1, 331, 432. 00, for a total contract authorization amount of $ 14, 645, 756. 00 for the construction of the San Sevaine Trail Phase 1, Segment 2 Project. The 1.25- mile trail ( 0.35 miles within the City of Fontana and 0.95 miles within the City of Rancho Cucamonga) begins at the Pacific Electric Trail in the City of Fontana and terminates in the City of Rancho Cucamonga at Banyan Street.
The project went through significant changes to the original schedule increasing project cost to include additional scope changes and modifications to meet Caltrans and San Bernardino County Flood Control District requirements. Staff worked with various agencies to receive grants to support the additional cost, such as San Bernardino County Transportation Authority ( SBCTA) and the State of California Natural Resources Agency, Department of Parks and Recreation - Recreational Trails Program ( RTP).
Construction began on May 28, 2024, and was deemed complete on October 23, 2025. The project was successfully completed for the final contract amount of $ 14, 064, 224. 48, a decrease of 4% from the original contract authorization. All work has been completed to the satisfaction of the City for Fontana and Rancho Cucamonga, Caltrans, and San Bernardino County Flood Control District.
City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
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309
File #: 25- 0595 Agenda Date: 10/ 28/ 2025
Agenda #: O. Category: Consent Calendar
FISCAL IMPACT:
Approximately 30% of the total project cost was incurred for the portion of the trail within the City of Fontana. With acceptance of the San Sevaine Trail Phase 1, Segment 2 Project ( No. 37603345) as complete, the City will assume operation and maintenance of the segment within Fontana' s boundaries. Funding for these activities is included in the FY 2025- 26 budget under Public Works, Parks and Landscape.
The remaining 70% of the cost was incurred for the portion of the trail within the City of Rancho Cucamonga, which will assume operation and maintenance of the trail segment within its jurisdiction.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
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310
Vicinity Map
311
8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0598 Agenda Date: 10/ 28/ 2025
Agenda #: P. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Final Change Order with CT& T Concrete Paving, Inc. and Final Acceptance of the City Sidewalk Reconstruction # 2 Project ( Bid No. DE- 25- 56- SB) RECOMMENDATION:
1. Authorize City Manager to approve Change Order # 2 with CT& T Concrete Paving, Inc. in the amount of $ 227, 822. 46 for the additional concrete work added for the City Sidewalk Reconstruction # 2 Project ( Bid No. DE- 25- 56- SB).
2. Accept as complete the work performed by CT&T Concrete Paving, Inc. for the City Sidewalk Reconstruction # 2 Project ( Bid No. DE- 25- 56- SB).
COUNCIL GOALS:
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On February 11, 2025, the City Council awarded a construction contract to CT& T Concrete Paving, Inc. in the amount of $ 846, 144.02 and authorized a contingency amount of $ 84,614.40 for a total contract authorization of $ 930, 758. 42 for the City Sidewalk Reconstruction # 2 Project.
Construction began in June 2025 and was completed in September 2025. During construction, several additional areas of uneven sidewalk were identified that had not been noted during the initial sidewalk assessment conducted the previous year. These newly identified areas were attributed to changes in site conditions over time, primarily due to the growth of adjacent tree roots and normal weather - related deterioration, which further contributed to the displacement and damage of sidewalk panels. Given the favorable unit pricing provided by CT& T Concrete Paving, Inc. and the efficiency gained by having the contractor already mobilized on site, staff determined that it was in the City' s best interest to include the additional sidewalk repairs through a contract change order. This decision not only addressed emerging deficiencies efficiently but also enhanced pedestrian and resident safety. Change Order # 1 has been approved in the amount of $ 76, 868. 38 which is within the originally authorized contingency of $84, 614. 40. The amount for Change Order # 2 is $ 227, 822. 46 City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
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File #: 25- 0598 Agenda Date: 10/ 28/ 2025
Agenda #: P. Category: Consent Calendar
which exceeds the contingency. Both change orders encompassed additional sidewalk replacement, curb and gutter repair, and driveway approach reconstruction.
The project was successfully completed with a final contract amount of $ 1, 150, 834. 86. All work has been completed to the satisfaction of the City.
FISCAL IMPACT:
As part of the action to accept the construction of the City Sidewalk Reconstruction # 2 Project ( Bid No. DE-25- 56-SB) as complete, the City will take over the maintenance of this public infrastructure.
Appropriate funding for the contract change order in the amount of $ 227, 822.46 is included in the FY 2025- 2026 budget in Project 37600001- 601- B-8329. Funding for the maintenance work is included in the FY 2025- 2026 budget under the Public Works & Engineering Department, Utilities and Streets Division.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
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11 Filllli
UNIT OF TOTAL ITEM
BID ITEM DESCRIPTION MEASURE EST. CITY UNIT PRICE COST
Remove Existing and Construct New 6" PCCCurb and Gutter per COFStd. 1000 including asphalt paving. Per Standard COF 93 Std. 1008 LF 75. 84 7, 053. 12
Remove Existing and Construct New 8" PCC Curb and Gutter per COF Std. 1000 including asphalt paving. Per Standard COF 362 Std. 1008 LF 75. 84 27, 454. 08
Remove Existing and Construct New 4" Thick Sidewalk per COF Std. 1006 SF
7861
12. 09 95, 039. 49
Remove Existing and Construct New 6" Thick Sidewalk behind driveways per COFStd. 1006 SF
5289
14. 99 79, 282. 11
Remove Existing and Construct Curb Return Access Ramp per COF Std. 1003 ( Section 303- 5. 9) All- inclusive BCR to ECR to include detectable warning surface, curb and gutter, cross gutter, spandrel as applicable), ramp and walk ( 6" depth), 2 and 2 ft. slot paving, with 2' Per Side Grind & Overlay Per Standard COF Std. 1008 EA 7, 434. 33 14, 868. 66
Remove existing and construct 6" - 8" A - Curb LF 55 75. 00 4, 125. 00 Total for Base Bid 227, 822. 46
314
Cityof Fontana, PublicWorksDepartment - SidewalkLocationsfor CCONo. 2 Quantity Take Off Sheets Date: 911612025
Description of " A" Curb
C/
G
C/
G SIW SIW Drive ADA
Map Address Cross Street Measurement
Grid Improvement 6" 6" 8" 4" 6" Appr 6" Ramp Comment
City of Fontana, Public Works Department - Sidewalk Locations for CCO No. 2 Quantity Take Off Sheets Date: 911612025
Map
Grid
Address Cross Street
Description of
Measurement
A" Curb
C/
G CIG SWSm Drive ADA
Improvement 6" 6" 8" 4" 6" Appr 6" Ramp Comment
14 7144 Petaluma Dr SW
5 x 10 17. 5 9116125
14 7095 Petaluma Dr SW
5 x 13. 125 16. 625 9116125
14 Across from 7095 Petaluma Dr SW
5 x 5 20 9116/ 25
14 7154 Petaluma Dr SW
5 x 16. 5
7. 5 9116125
14 7038 Petaluma SW
5 x 17 35 9116/ 25
14 6941 Fraser fir Dr SW
5 x 11
2. 5 9116/ 25
14 16462 Pinewood st sW
5 x 34 87. 5 9/ 16/ 25
7130 Brook Ln SW 24 x 5 1 120 9/ 16/ 25
14 7078 Oleander Ave SW 16. 25x5 31. 25 9116125
14 7054 Oleander Ave SW 36. 25x5 131. 25 9/ 16125
14 16273 Miller Ave SW
5 x 19. 75 29 9116125
15 16242 Baseline Ave SW
7 x 6
9. 5 9116125
15 6968 Newport SW 4x11, 5x4 26. 625 20 9116/ 25
15 17221 Cambria Ave C& G, SW 4. 75LF, 8x2 0 16 9/ 16125 15 Blanchard Ave Mariana st Ramp, SW & C& G 4
x
9, 18LF 1 0 64 1 0 9116125
15 16970 Walnut Ct ( on Walnut Village Pkwy) SW 17.
5 x
8. 5 75. 25 9/ 16125
15 16978 Walnut Ct ( Walnut Village Pkwy) SW
4 x 10 4 9116125
15 16998 Walnut Ct ( On Walnut Village Pkwy) SW 7x18, 10x4 50. 495 9116125 15 6810 Wheeler Ct On Sierra sW
7 x 37 115 9/ 16125
15 6798 Wheeler Ct On Sierra SW
7 x
9. 5 26. 5 9/ 16125
15 17202 Mariana SW
4 x 15 60 9/ 16/ 25
15 6712 Wheel Ct sW 1. 25xl 1. 25 9116/ 25
15 6822 Kaiser sW 10. 75
x
4 43 9/ 16/ 25
15 17201 Walnut SW
2 x 4 8 9/ 16/ 25
15 7034 Newport SW
8 x 4 32 9/ 16/ 25
15 16991 Fern st SW
9 x 2 18 9/ 16125
15 6810 Acacia SW
2 x 1 2 9116/ 25
15 6558 Pacifica SW 11.
5 x 5 57. 5 9116125
15 6773 Jade Ct SW 14 x 4 56 9116125
20 16251 San Jacinto Ave Sidewalk and Drive approach
4 x 16,
4 x 9,
7 x 9 4 0 0 9/ 16125
20 7462 Cypress Ave SW
4 x 20 12 9116125
20 7940 Oleander SW 20 x 4 80 9/ 16125
20 7514 Date st ADA RAMP 34f LF C& G 1 9/ 16125
20 7565 Oleander Ave SW
4 x 4 16 9/ 16125
20 16723 Miller Ave SW 19. 75
x
4 79 9116125
20 7755 Cypress Ave SW 2 x1 2 9116125
20 7393 Cypress Ave SW 1
x
4 4 9116125
20 16366 Montgomery Ave SW
6 x 7 1 42 1 9116/ 25
20 7540 pepper sW
4 x 1 4 9116125
20 7520 Pepper Ave SW
3 x 1 3 9116125
20 16530 Elaine Ave SW
3 x 1 3 9/ 16/ 25
20 16253 San Jacinto SW
4 x 1 4 9/ 16125
20 16574 San Jacinto SW
2 x 1 2 9/ 16/ 25
20 16676 Butano PI Sw
5 x 5 25 9116/ 25
315
Cityof Fontana, PublicWorksDepartment - SidewalkLocationsfor CCONo. 2 Quantity Take Off Sheets Date: 911612025
Map
Grid
Address
I
Cross Street
I
Description of
Measurement
A" Curb
C/
G
C/
G Sm Sm Drive ADA
Improvement 6" 6" 8" 4" 6" Appr 6" Ramp Comment
20 7735 Sewell Dr SW
6. 5
x
4 26 9116125
20 N/ E/ C Fairfax Ave & Blanchard Ave ADA Ramp, C& G 1, 24LF 24 1 9/ 16125 20 16570 Fairfax on Pepper Dr SW 4x24,
4 x 24, 3. 25x4, 109 96 9/ 16125
20 16570 Fairfax on Pepper Dr SW 21.
5 x 3 64. 5 9/ 16125
20 7918 Juniper Ave SW, Drive Approach, A - Curb
4 x 17,
8 x 12, 17LF A-
Curb
17 68 96 9/ 16125
20 16627 Barbee St C& G 28LF 28 9116125
20 16654 Reed St SW, Drive Approach, A - Curb
4 x 27, 17LF,
7 x 13 17 108 91 9/ 16125
20 1 7480 Pepper ave SW
4 x 14. 5 58 1 9116/ 25
20 7490 Pepper ave SW
4 x 6. 25 25 9116125
20 6821 Oleander ave SW
6 x 2 12 9116/ 25
20 16564 San Jacinto Ave SW
4 x 16 64 9/ 16/ 25
20 7815 Cypress sW
4 x 5 20 9/ 16/ 25
20 7745 Sewell sW
4 x 14 56 9116/ 25
20 7796 Elwood Ct SW
4 x 21 84 9116/ 25
20 7720 Pepper Ave SW 17x4 68 9/ 16125
20 16637 Barbee st SW 14x4 56 9116125
20 7722 Cypress AVe SW 4x5 20 9116125
20 7628 Juniper Ave SW 18x5. 5, 13x5. 5, 8x5. 5 170. 5 44 9116/ 25 20 16857 Barbee st SW, Drive Approach 14x4, 14x7 56 98 9116125 20 16118 Montgomery SW 13. 25
x
4 53 9116125
20 16107 Montgomery SW 16 x 4 64 9116125
20 7982 Bennett SW
9 x 4 36 9116125
21 9862 Blanchard Ave Drive approach 11x6 62 9116125
21 7671 Emerald Ave SW 4x8 32 9116125
21 7661 Emerald Ave SW 4x8 32 9116125
21 7726 Emerald CT SW 4x23 92 9116125
21 7859 Blanchard Ave Drive approach 19 x 7 133 9/ 16125 21 16658 Barbee st Curb & Gutter 38LF 38 9116/ 25
21 16840 Barbee st Curb & Gutter 18 LF 18 9116125
21 16828 Barbee st Curb & Gutter 16 LF 16 9116125
21 16778 Barbee st SW 4x19 76 9116/ 25
21 17259 Fairfax st SW, Drive Approach 9x4 , 13x9 36 117 9116/ 25 21 17259 Fairfax st Drive approach 18x11 198 9/ 16/ 25
21 17258 Fairfax st SW 10x4, 10x4 40 40 9/ 16/ 25
21 17248 Fairfax ct Drive Approach 11x19 209 9/ 16/ 25
21 17248 Fairfax ct SW 6x4, 9x4, 7x4, 19 x 11 64 233 9/ 16125 21 7762 Emerald On Fairfax SW, C& G 34x4, 24x4, 12x4, 34LF 34 280 9/ 16/ 25 21 17220 Mesa Ave SW 4x10, 4x7, 4x16 1 1 68 64 9116125
21 7762 Mango Ave on Fairfax Curb & Gutter 55LF 55 9/ 16125 21 17470 Fairfax ST SW 19x4 76 9/ 16125
21 17480 Fairfax St SW 20x4 80 9116125
21 17401 Reed St SW 4x8 32 9116125
21 17319 Reed St SW 4x11 44 9116125
21 17365 Wabash Ave SW 4x10 40 9116125
21 17355 Wabash Ave SW 4x10 40 9116125
21 7371 Encinitas Ct SW 4x7 28 9/ 16125
21 7415 Palo Verde Ave SW 4x2/ 84 9116125
21 17465 Jackson Ave SW 4x19 76 9116/ 25
21 17405 Jackson Ave SW 4x3 12 9116125
21 17220 Barbee St SW 4x8. 5 34 9116125
21 8016 Locust Ave SW 1 x 11. 5 11. 5 9116/ 25
21 Across from) 17028 Baseline Ave SW 1 X 12 12 9116125 21 Across from) 2688 Baseline Ave SW
1 X 20 20 9116/ 25
21 Across from) 2688 Baseline Ave SW
1 X 12. 5 12. 5 9116/ 25
316
Cityof Fontana, PublicWorksDepartment - SidewalkLocationsfor CCONo. 2 Quantity Take Off Sheets Date: 911612025
Map
Grid
Address Cross Street
Description of
Measurement
A" Curb
C/
G
C/
G Sm Sm Drive ADA
Improvement 6" 6" 8" 4" 6" Appr 6" Ramp Comment
21 Across from) 2644 Baseline Ave SW
1 X 17. 75 17. 75 9/ 16125
21 Across from) 2520 Baseline Ave SW 1 X 10 10 9/ 16125 21 17684 Sunnydale PI SW
1 X 29 29 9116125
21 17647 Sunnydale PI SW
1 X 18. 75 18. 75 9116/ 25
21 17679 Sunnydale PI SW
1 X 12 12 9/ 16125
21 7635 Tangelo SW
4 x 17 68 9116125
22 8016 Locust Ave SW
1 X 11. 5 11. 5 9116125
22 Locust And Baseline SW 38 x 6 228 9/ 16125
22 Locust And Baseline SW
6 x 10 60 9116/ 25
22 7867 Locust Ave C& G, SW 28LF,
4 x 20 28 80 9116125
22 8014 Frankfort Ave SW
6 x 4 24 9116/ 25
22 8006 Frankfort Ave sw
5 x 20 100 9116/ 25
22 8006 Frankfort Ave sw
5 x 14, 4x6 94 9116/ 25
22 8017 Frankfort Ave sw
5 x 14 70 9116/ 25
22 8017 Frankfort Ave sw
5 x 10 50 9116125
22 8038 Frankfort Ave sw
5 x 4 20 9/ 16125
22 8038 Frankfort Ave SW
5 x 5 25 9116125
22 8038 Frankfort Ave SW
5 x 9 45 9116125
22 8043 Frankfort Ave SW
5 x 16 1 1 80 9116/ 25
22 8058 Frankfort Ave SW
5 x 10 50 9116125
22 8062 Frankfort Ave SW
5 x 10 50 9116125
20 16570 Fairfax SW 2xl, 3. 25x4 15 9/ 16125
22 17608 Malaga CT SW 4x7. 5, 4x12. 5 50 30 9/ 16/ 25
22 17658 Malaga Ct SW, Drive approach 15x4, 9xl3, 7x10 60 187 9/ 16125 22 18000 Foothill ( on Grace Ave) SW 38 x 4 152 9116125 22 17740 shamrock Ave ( on evergreen) Curb & Gutter, SW 58 LF, 4x20 58 80 9116125 22 7732 Alder Ave SW, Drive Approach 4x11, 4x15, 3x15 44 120 90 9/ 16125 22 7325 Laurel Ave SW, Drive Approach 4x15, 7x11 60 77 9/ 16125 22 17715 Malaga Sidewalk, Drive Approach 17x4, 20
x
8 1 1 68 160 9116/ 25
22 18113 Cummins Sidewalk 14
x
4,
8 x 4 88 9116125
22 18124 San Jacinto Sidewalk 7x4, 8x4, 8x4 60 32 9/ 16125 22 18122 San Jacinto Sidewalk 16 x 4 64 9/ 16/ 25
22 18118 San Jacinto Sidewalk 11x4, 17x4, 17x4 112 68 9/ 16/ 25 22 18108 Fairview Sidewalk
7 x 4 28 9/ 16/ 25
22 18118 Fairview Sidewalk 16
x
4,
8 x 4 32 64 9/ 16/ 25
22 18125 Fairview Sidewalk 6x7, 17x4 42 68 9/ 16/ 25
22 18108 Fairview ( on Locust) Sidewalk 16 x 4 64 9/ 16125 22 17661 Fairfax Sidewalk, Drive Approach 17x4,
8 x 13 68 104 9/ 16/ 25
22 17669 Fairfax Sidewalk, Drive Approach 21
x
4, 13
x
8 1 84 104 9116125
22 7757 Boxwood Ave Sidewalk, Drive Approach 17 x 4,
8 x 14 68 112 9116125
22 7767 Boxwood Sidewalk 18 x 4 72 9/ 16125
22 17613 Fairfax Sidewalk 21 x 4 84 9116125
22 18115 Cummins Sidewalk 20 x 4 80 9/ 16125
22 18241 Cummins Sidewalk 10 x 4 40 9/ 16125
22 18251 Cummins Sidewalk 18 x 4 72 9/ 16125
22 17603 Fairfax st Sidewalk
9 x 4 36 9/ 16125
22 7827 locust Sidewalk 23 x 4 92 9/ 16125
22 7615 Lombardy Sidewalk 25 x 4 100 9/ 16125
22 7625 Lombardy Sidewalk 19 x 4 1 1 76 1 9116/ 25
22 7837 Williams Rd Drive approach
8 x 11 88 9/ 16125
22 17860 Shamrock Sidewalk 10 x 4 40 9116125
22 17850 Shamrock Sidewalk, C& G 13
x
4, 20 LF 20 52 9116/ 25
22 7445 Palm C& G 40LF 40 9/ 16125
27 16391 Owen st Sidewalk, Drive Approach, C& G 18
x
4, 12 x 8, 21LF 21 72 96 9116/ 25
27 16392 Owen St Sidewalk 26 x 4 104 9116/ 25
317
Cityof Fontana, PublicWorksDepartment - SidewalkLocationsfor CCONo. 2 Quantity Take Off Sheets Date: 911612025
Map
Grid
Address
I
Cross Street
I
Description of
Measurement
A" Curb
C/
G
C/
G SIW S1W Drive ADA
improvement 6" 6" 8" 4" 16" Appr 6" Ramp
27 16126 Seville Sidewalk 16 x 4 64
27 16115 Seville Sidewalk
8 x 4 32
27 16198 Ceres C& G, Drive Approach 16 x 7, 18LF 18 112 27 16202 Ceres Sidewalk
7 x 4, 11
x
4, 12 x 4 120
27 16312 Orange Way Drive approach 16 x 6 96
27 16214 Ivy Ave Curb and Gutter 10LF 10
27 8265 Citrus Ave Sidewalk, Drive Approach, C& G 24x4, 33LF, 17 x 6, 15 x 33 96 267 27 16616 Valencia Drive approach
9 x 7 63
28 8642 Emerald Ave Sidewalk, A - Curb 10x4, 21 LF 21 40 22 7349 Kempster Sidewalk 11
x
4 44
22 17170 Mesa ave Sidewalk 34x4, 22x4, 33x4, 21x4 440
28 17306 Owen st Sidewalk 9x4 36
28 17305 Owen st Sidewalk 6x4 24
28 7695 Lombardy Approach, Sidewalk 10x7, 9x4 36 70
28 8567 Emerald Sidewalk 10x4, 17x4 40 68
28 17509 Foothill blvd Approach 24x11 264
28 16951 Foothill Blvd Sidewalk 37x12 444
28 8726 Bayberry Ct Approach, Sidewalk 9x7, 14x4 56 63
28 8715 Boxwood Sidewalk 16x4 64
28 8568 Emerald Approach, Sidewalk, Driveway 15x7, 12x4, 13x4, 13x6 48 105 260 28 17473 Ivy Ave Sidewalk, Approach 8x4, 9x4, 17x6 68 102 28 8557 Emerald Approach 6x7 42
14 7123 Petaluma Sidewalk, curb & gutter 26x6, 14LF 14 156 20 7432 Juniper Sidewalk 5x4 20
21 7560 Kempster Sidewalk 19x4 76
TOTAL UNITS SF / LF 55 93 362 7861 1928 3361 2
UNIT PRICE
75. 00 75. 84 75. 84 12. 09 14. 99 14. 99 7, 434. 33
SUB COST
4, 125. 00 7, 053. 12 27, 454. 08 95, 039. 55 28, 900. 72 50, 381. 39 14, 868. 66 TOTAL COST 227, 822. 52
5% RETENTION 11, 391. 13
TOTAL INVOICE AFTER RETENTION 216, 431. 39
Comment
9116125
9116125
9/ 16125
9/ 16125
9/ 16125
9/ 16/ 25
9/ 16125
9/ 16125
9/ 16125
9/ 16125
9/ 16/ 25
9/ 16/ 25
9/ 16/ 25
9/ 16/ 25
9/ 16125
9/ 16/ 25
9/ 16125
9/ 16125
9/ 16/ 25
9/ 16125
9/ 16125
9/ 16125
9/ 16125
9/ 16125
9/ 16125
318
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0600 Agenda Date: 10/ 28/ 2025
Agenda #: Q. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Final Change Order with LCR Earthwork & Engineering, Corp. and Final Acceptance for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE- 23) RECOMMENDATION:
1. Authorize the City Manager to approve Change Order # 2 with LCR Earthwork & Engineering, Corp. in the amount of $ 130, 609. 28 for the additional asphalt and concrete work added for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE- 23).
2. Accept as complete the work performed by LCR Earthwork & Engineering, Corp. for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE- 23).
COUNCIL GOALS:
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.
To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
On March 26, 2024, the City Council awarded a construction contract to LCR Earthwork & Engineering, Corp. in the amount of $ 1,290, 941. 00 and authorize a contingency amount of 129, 094. 10, for a total contract authorization of $ 1, 420, 035. 10 for the Village of Heritage North, South, and West Pavement Rehabilitation Project.
Construction began in March 2025 and was completed in August 2025. During construction, several additional streets that were not included in the current scope of work ( Santa Barbara Court, Bay Street, and Trinity Street) were identified as in need of treatment. Given the favorable unit pricing provided by LCR Earthwork & Engineering, Corp. and the efficiency gained by having the contractor already mobilized on site, staff determined that it was in the City' s best interest to include the City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
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File #: 25- 0600 Agenda Date: 10/ 28/ 2025
Agenda #: Q. Category: Consent Calendar
additional streets through a contract change order. This decision not only addressed the existing street condition but also enhanced resident safety. Striping changes made by Traffic Engineering staff are also included in this contract change order and were made to enhance resident safety in the Village of Heritage.
Change Order # 1 was approved in June 2025 in the amount of $ 118, 208. 00, which is within the originally authorized contingency of $ 129, 094. 10. The amount for Change Order # 2 is $ 130, 609. 28, which exceeds the remaining contingency. Both change orders encompassed additional paving and striping work.
The project was successfully completed for a final contract amount of $ 1, 539, 758. 28. All work has been completed to the City' s satisfaction.
FISCAL IMPACT:
As part of the action to accept the construction of the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE-23) as complete, the City will take over the maintenance of this public infrastructure. Appropriate funding for the contract change order in the amount of $ 130, 609. 28 is included in the FY 2025- 2026 budget in Project 37600056- 601- A- 8329.
Funding for the maintenance work is included in the FY 2025- 2026 budget under the Public Works & Engineering Department, Utilities and Streets Division.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
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321
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0602 Agenda Date: 10/ 28/ 2025
Agenda #: R. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of Backstop Replacements at Chaparral Park, Southridge Park, and Veteran' s Park Project ( SB- 85- PW- 23)
RECOMMENDATION:
Accept as complete the work performed by NR Development Inc. for the Backstop Replacements at Chaparral Park, Southridge Park, and Veteran' s Park Project ( SB- 85- PW- 23).
COUNCIL GOALS:
Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.
DISCUSSION:
On April 11, 2023, the City Council awarded a construction contract to NR Development Inc. for Backstop Replacements at Chaparral Park, Southridge Park, and Veterans' Park ( SB- 85- PW-23) in the amount of $ 979, 500. 59 and authorized a 10% contingency of $ 97,950. 06 for a total contract authorization amount of $ 1, 077, 450. 65.
There were two ( 2) contract change orders during the project totaling $ 392, 767. 47 to address the need for larger footings due to the City' s current wind load requirements. NR Development Inc. completed the project on February 3, 2025. All work has been completed to the satisfaction of the City for a final contract amount of $ 1, 372, 268. 06.
The final retention payment will be released thirty- five ( 35) days after the filing of the Notice of Completion with the County Recorder' s Office.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. The final contract cost for this project was $ 1,372, 268, 10 and the funding was budgeted in the FY 2022/ 2023 CIP Budget in project string 37200005- 302- C-8313, and in the FY 2022/ 2023 Operating Budget in Org# 40137202. 8130 and Org# 40137202. 8329.
MOTION:
Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0603 Agenda Date: 10/ 28/ 2025
Agenda #: S. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of Installation of Shade Structures at Various Parks Project ( SB- 106- PW- 23) RECOMMENDATION:
Accept as complete the work performed by NR Development Inc. for the Installation of Shade Structure at Various Parks Project ( SB- 106- PW- 23).
COUNCIL GOALS:
Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.
Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On June 13, 2023, the City Council awarded a construction contract to NR Development Inc. for the Installation of Shade Structures at Various Parks Project ( SB- 106- PW- 23) in the amount of 1, 510, 980. 00 and authorized a 10% contingency amount of $ 151, 098. 00 for a total contract authorization of $ 1, 662, 078. 00.
There was one ( 1) contract change order for $ 107, 286. 33 to address the need for larger footings due to the City' s current wind load requirements, and to re -locate existing underground electrical lines at Bill Martin Park. NR Development Inc. completed the project on February 3, 2025. All work has been completed the satisfaction of the City for a final contract amount of $ 1, 618, 266. 33.
The final retention payment will be released thirty- five ( 35) days after the filing of the Notice of Completion with the County Recorder' s Office.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. The final contract cost for this project was $ 1,618, 266. 33 and the funding was budgeted in the FY 2022/ 2023 CIP and Operating Budgets in project strings 37200006- 301- D- 8313, 37200005- 302- L- 8313, 37200005- 302- S- 8313, 37200005- 302- E-8313, and Org #' s 40137202. 8329 and 63537211. 8130.
MOTION:
Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0604 Agenda Date: 10/ 28/ 2025
Agenda #: T. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of ADA / Inclusive Interactive Playground Replacement Project ( SB- 122- PW- 23) RECOMMENDATION:
Accept as complete the work performed by Ortco Inc. for the ADA / Inclusive Interactive Playground Replacement Project ( SB- 122- PW- 23).
COUNCIL GOALS:
Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.
Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On June 13, 2023, the City Council awarded a construction contract to Ortco Inc. for the ADA / Inclusive Interactive Playground Replacement Project ( SB- 122- PW- 23) in the amount of 2, 123, 305. 00 and authorized a 10% contingency of $ 212, 330. 50 for a total contract authorization of 2, 335, 635. 50.
There were no contract change orders for this project. Ortco Inc. completed the project on April 17, 2025. All work has been completed to the satisfaction of the City for a final contract amount of 2, 123, 305. 00.
The final retention payment will be released thirty- five ( 35) days after the filing of the Notice of Completion with the County Recorder' s Office.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. The final contract cost for this project was $ 2, 123,305. 00 and the funding was budgeted in the FY 2022/ 2023 Capital Improvement Program in project strings 37200007- 301- 13-8313, 37200005- 302- G-8313, 37200005- 302- H-8313, 37200005- 302- 1-8313, 37200005- 302- K- 8313, 37200005- 302- M- 8313, 37200005- 302- N- 8313, 37200005- 302- Q- 8313, 37200005- 302- R- 8313, and 37200006- 301- E- 8313.
MOTION:
Approve Staff Recommendation
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327
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0606 Agenda Date: 10/ 28/ 2025
Agenda #: U. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Police Department Monthly Information Update
RECOMMENDATION:
Accept the Police Department monthly information update for August 2025.
COUNCIL GOALS:
0 Operate in a businesslike manner by creating a memorable customer experience with every interaction.
Increase citizen involvement by informing the public about issues, program, and accomplishments.
Concentrate on Inter -governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
The August 2025 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff recommendation.
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NOTEWORTHY EVENTS
Lieutenant Clabaugh hosted an Area 3 Community Meeting at the Fontana Police Department.
COPE hosted " Smoothie with a Cop" at Jamba Juice.
Lieutenant Zagorin hosted an Area 4 Community Meeting at Citrus High School.
Fontana Police Detectives arrested two individuals for hate crimes.
Fontana Police Special Operations Teams seized over 250 kilos of cocaine, 12 pounds of methamphetamine, 23, 000 fentanyl pills, dismantled an illegal marijuana grow, and seized 65 illegally possessed firearms.
Fontana Police Officers assisted several children with shopping for school supplies at Khols.
IfAl evi- So-=')
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ADDITIONAL USEFUL INFORMATION
For more information regarding specific geographical crime data, visit w --=-- imemapping. com and enter your zip code
Police Department information line- ( 909) 350- 7740
Police Department Dispatch non - emergency line- ( 909) 350- 7700 Anonymous crime reporting ( 909) 356- TIPS to leave a recorded message
Report Graffiti on City Property- ( 909) 350-GONE
Office of the Chief- ( 909) 350- 7702 or rr-noorz-) e- y- @fon- Lanaca. gov 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0610 Agenda Date: 10/ 28/ 2025
Agenda #: V. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Purchase of 800 MHz Radios and Accessories for the Police Dispatch Center RECOMMENDATION:
1. Authorize the Purchasing Division to " Piggy -Back" from the Sourcewell contract 042021 for the purchase of the Motorola 800 MHz radios, software, and related accessories per Purchasing Policies and Procedure Manual 3. 1. 5 ( Cooperative Purchasing Agreement) for the Police Dispatch Center.
2. Approve the purchase from Motorola Solutions in the amount of $ 125, 693. 53.
COUNCIL GOALS:
0 Concentrate on Inter -governmental relations by working cooperatively with neighboring jurisdictions.
Concentrate on Inter -governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
Currently the Fontana Police Department Dispatch unit has 16 of the 800 MHz radios ( Model XTL5000) in the center. Over the last year there have been a few workstations that needed to be repaired. The Manager contacted San Bernardino County Radio to repair the workstations. While troubleshooting the workstation, it was discovered that the current 800 MHz radios ( model XTL5000) are outdated. The current radios in the center are more than 25 years old. County Radio advised that Motorola will no longer supply replacement parts for 800 MHz radio model XTL5000 currently installed in the center. The XTL5000 radios are now becoming obsolete.
The dispatch radios are essential for officer safety and support to field operations. The department would like to be proactive and purchase the replacement radio model APX6500 offered by Motorola.
Once the radios are purchased, they will be programmed to the same frequency to work with surrounding cities throughout the county.
The Police Department would like to piggyback the contract between Sourcewell and Motorola Solutions. RFP # 042021 was effective July 4, 2021, through June 23, 2025. In March of 2025 both parties mutually agreed to extend the contract through June 23, 2026. The Fontana Police Department will be utilizing the same equipment and services listed in the contract.
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File #: 25- 0610 Agenda Date: 10/ 28/ 2025
Agenda #: V. Category: Consent Calendar
Staff request that Council approve the recommendation to purchase the 800 MHz radios for the Police Dispatch Center. Approval will allow for new 800 MHz radios to be installed allowing dispatchers to continue to provide uninterrupted communication to field officers.
FISCAL IMPACT:
Funding was requested during the 2025/ 2026 first quarter adjustments. Funds requested from Fontana Fire District ( Fund 210) in the amount of $ 44, 205 and the Transaction Use Tax ( Fund 604) in the amount of $ 105, 795.
MOTION:
Approve staff recommendation
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M
Docusign Envelope ID: 9ACEOE39- E376- 4C2C- 9F65- 6D36818672A3 XOG011"NA W" ' A'
IMBUIN
Sourcewell and Motorola Solutions
202 12th Street Northeast 500 W Monroe St
P. O. Box 219
Staples, MN 56479 Chicago, Illinois
Sourcewell) ( Vendor)
have entered into Contract Number: 042021- MOT
for the procurementof: PublicSafetyCommunicationsTechnologyandHardwareSolutions The Contract has an expiration date of 2025-06- 23 , but the parties may extend the Contract by t-nUtW,)1 consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and SOUrcewell' s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of 2026- 06- 23 , All other terryis and conditions of the Contract remain in full force and effect.
IS4ied- by-
Z'YLPA C
AU! KRIN"dri a11ature
Jeremy Schwartz
Narne
Chief Operating and Procurement Officer
Title
3/ 24/ 2025 112:46 PM CDT
Date
Signed by,,
matureAutl orize _ ighature
Scott Lees
N
3/ 25/ 2025 1 1:11 PM CD-F
Date
Rev, 7/ 2022 z.
Billing Address:
R} NTANAPOLICEDEPT 17OO5UPLAND
AVE FONTANA, C49233S
US U{]
TE-
3298130QuoteDate:O9/
17/ 3QZ5ExpirationDate11/
l1/ 2OZ5 QuoteCreated
By: William Golden
VW| Uorn.
GoNen@End Customer:
Summary: Any
sales
transactionresultingfrorn Motorola's quote isbasedonand subjectto the applicableMotorolaStandard"Ferms and Conditions, notwithstandingterms and conditionson purchase ordersor other CLIStOmerorderingdocurnents. MotorolaStandard Ternns and Conditionsare found at www. rT)otorolasolLitions.corii/product- terms APXT` a6OOOSeries APX60001 H98UCF9PVV6BN
PORTABLERADIO 8PX60007OO/8OO 2 3, 92400 7, 84800 MDDEL15la G996AU
ADD: PROGRAMMING OVER PZ5 2 11800 236D0 OTAP)_ 1b
Q]
61AR ADD: P25960OBAUD TRUNKING2 35] OO 7O6 0 1c QAO51OOA EHN STD1VRVVARRNTYAPPLIES 2 0. 80 8. 001d 0498AYSOFTWARE
LICENSE ENH: ASTRDZ5 2 871. 00 1742. 00 OTARW/ UOO Y
1e H 0BT
ADD: SK8ARTZONEOPERATIONZ 1, 412. 00 2, 824 00 if QAU9113ABADD:
BASELINERELEASE5VV Z O_ OI0 1g Q806BM ADD:
ASTRODIGITALCAI Z 687. 00 1, 214D0 OPERATION1h O629AKSOFTWARE
LICENSE
ENH: AE5 Z 560D0 1, 12080 ENCRYPTION AND ADPAPX'
m65OO/ EnhSehesENHAN[
EQAPX6SOO2 MI5UR59PWlBN MOBILE RADIO
APX65OOENHANCED16 3, 764 00 60, 224.00 7/ 800KXHZZa G996AI
SOFTWARELICENSE
ENH: OVER THE 16 118. 00 1, 88000 AIR PROVISIONING ZbGA00250AA ADD: GWS5/
8T+ WlRTHRUMNTANT, 16 118. 00 1, 888l0 17FTLOVVK4 LOSS 2c G660ADD:
DASH K8OUNTE5APXM16
1_ 40 OV 2. 368 OC Anysalestransaction followingMotorola's quoteis based on and subjectto thetermsandconditionsof thevaI id andexecutedwrittencontractbetweenCustomera nd Motorola the UntlyingAgreement thatauthorizesCustomertopurchase equipment and/or services orlicense software ( collectiveI Products""), If no UnderlyingAgreementexists between Motorsa and Customer, then Motorola'
s StandardTermsof Use and Motorola's StandardTermsandConditionsof Salesan, S" L" Apply shallgovernthe purchaseofthe Products. MotorolaSolutions, Inc.: 500WestMonroe, United S( ates - 60661 - #: 36- 1115800 PaQe1
0 MOTOROLA SOLUTIONS QUOTE- 3293130
2d G51AU SOFTWARE LICENSE ENH: 16 1, 41100 22, 592. 00
SMARTZONE OPERATION APX6500
2e GA05100AA ADD: STD WARRANTY - NO 16 MOO 0. 00
ESSENTIAL
2f G298AS SOFTWARE LICENSE ENH: ASTRO 25 16 871. 00 13, 936. 00
OTAR W/ M U LTI KEY
2g Ell 8CR ADD: AUXILIARY SPKR 7. 5 WATT APX 16 71. 00 1, 136. 00 2h G843AH ADD: AES ENCRYPTION AND ADP 16 560. 00 8, 960. 00 2i G444AH ADD: APX CONTROL HEAD 16 MOO MOO
SOFTWARE
2j G335AW ADD: ANT 1/ 4 WAVE 762- 87OMHZ 16 16. 00 256. 00 2k G806BL SOFTWARE LICENSE ENH: ASTRO 16 607. 00 9, 712. 00
DIGITAL CAI OP APX
21 GA01670AA ADD: APX E5 CONTROL. HEAD 16 767. 00 12, 272. 00 2m W22BA ADD: STD PALM MICROPHONE APX 16 85. 00 1, 360. 00 2n QA09113AB ADD: BASELINE RELEASE SW 16 0. 00 0. 00
20 G361AH SOFTWARE LICENSE ENH: P25 16 35100 5, 648. 00
TRUNKING SOFTWARE APX
3 NNTN8860B CHARGER, DESKTOP SINGLE UNIT 2 19 9. 5 6 399. 12 IMPRES 2, FAST US/ NA
SUbtotal $ 158, 329. 12
Total DSCOUntknOUnt $ 42, 748. 86
Estimated Tax $ 10, 113. 27
Grand Total $ 125, 693. 53( USD)
Any sales transaction following Motorola' s quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the Products""). If no Underlying Agreement exists between1 ' n r,,,e nrent"") that authorizes Customer to purchase equipment and/ or services or license software ( collective.
Monoro ACustomer, thanMotorola'sStandardTermsofUseandMotorola'sStandardTermsandConditionsofSalesanS","ipplyshallgovernthepurchaseoftheProducts. m r Motorola Solutions, lnc.: 500 West Monroe, United States - 60661 36- 1115800