Agenda packet — Fontana City Council, February 24, 2026 (part 2 of 3)

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 Site Conditions and Issues. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate phys ical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
 All costs associated with permitting.
 Supply a proper power source to all Motorola Solutions provided equipment.  Provide ALL points of attachment for hardware that include fixed LPR Cameras and associated equipment and ensuring all equipment is attached in accordance with local policies and codes.  Supply any new infrastructure required to mount or attach the Motorola Solutions hardware to.  Trenching as required for the purpose of running electrical power  All poles and existing infrastructure that are not being purchased from Motorola a s part of the LPR solution.  All Utility locates needed for impacted areas.
 Providing the communications point of attachment for each site.  When cellular service is used as the point of connection, customer is responsible for providing cellular service and SIM cards if they are not being purchased from Motorola as part of the LPR solution.  All Customer-provided equipment, including third-party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, etc.
 Configure, test, and maintain third-party system(s) that will interface with the proposed system.  Establish an Application Programming Interface (API) for applicable third-party system(s) and provide documentation that describes the integration to the Motorola system.  All work is to be performed by Motorola-certified installers. The Customer is responsible for work performed by non-certified installers.
 Upgrades to Customer’s existing system(s) in order to support the proposed system.  Mitigate the impact of upgrading Customer third-party system(s) that will integrate with the proposed system.

Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action.
 Electronic versions of any documentation associated with business processes identified.  Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customer - provided remote conferencing tool.
 Manage the Hotlist in accordance with the rules and regulations of the Customers State.

Motorola is not responsible for any delays that arise from Customer’s failure to perform the responsibilities outlined in this SOW or delays caused by Customer’s third-party vendor(s) or subcontractor(s).

NETWORK AND HARDWARE REQUIREMENTS
The following requirements must be met by the Customer prior to Motorola installing the proposed system:
 Provide network connectivity for the transfer and exchange of data for the proposed system.  Provide remote access for Motorola personnel to configure the system and conduct diagnostics.  Provide Internet access to fixed and mobile equipment.  Provide devices such as workstations, tablets, and smartphones with Internet access for system usage.

Chrome is the recommended browser for optimal performance. The workstations must support MS Windows 11 Enterprise.

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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 ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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 Provide and install antivirus software for workstation(s).  Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support (if applicable).
 Ensure required traffic is routed through Customer’s firewall.

Motorola is not responsible for any costs or delays that arise from Customer’s failure to meet network and hardware requirements.

PROJECT PLANNING
A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific information to set clear project expectations and guidelines, as well as lay the foundation for a successful implementation.

Project Planning Session (if applicable)
A Project Planning Session will be scheduled after the Contract has been executed. The Project Planning Session is an opportunity for the Motorola and Customer PM to meet prior to the Project Kickoff Meeting and review key elements of the project and expectations. Depending on the items purchased, the agenda will typically include:
 A high level review of the following project elements:
- Contract documents.
- A summary of contracted applications and hardware as purchased. - Customer’s involvement in project activities to confirm understanding of scope and required time commitments.
- A high level Project Schedule with milestones and dates.  Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors.
 Confirm Customer location for Motorola to ship their equipment for installation.

Motorola Responsibilities
 Schedule the remote Project Planning Session.
 Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
 Provide the initial Project Schedule.
 Baseline the Project Schedule.
 Review Motorola’s delivery approach.
 Document mutually agreed upon Project Kickoff Meeting Agenda.  Request user information required to establish the Customer in associated training portals.

Customer Responsibilities
 Identify Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
 Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda.  Provide approval to proceed with the Project Kickoff Meeting.

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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 ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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Motorola Deliverables
 Project Kickoff Meeting Agenda.

Project Kickoff (if applicable)
Motorola will work with the Customer to understand the impact of introducing a new solution and the preparedness needed for a successful implementation.

Note – The Detail Design Review (DDR), if applicable, is completed during the pre-sales process and normally completed prior to Contract award. Delay in the DDR review may impact the project schedule. Motorola will not be responsible for additional costs or delays incurred for Customer requested changes to the DDR.

Motorola Responsibilities
 Review Contract documents including project delivery requirements as described in this SOW.  Discuss the deployment start date and deliver the Deployment Checklist.  Discuss Mobile LPR equipment installation activities and responsibilities.  Discuss Fixed LPR installation activities and responsibilities.  Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW.  Review resource and scheduling requirements.
 Review the DDR, arranging for additional meeting for review as needed  Review the Credentials Form
 Discuss Motorola remote system access requirements (24-hour access to a secured two-way Internet connection through the Customer’s firewall for the purpose of deployment and maintenance).  Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.  Discuss the Training Plan.
 Review and agree on completion criteria and the process for transitioning to support .

Customer Responsibilities
 Provide feedback on project delivery requirements.
 Review the Deployment Checklist.
 Review the roles of project participants to identify decision-making authority.  Grant Motorola Support access in the License Plate Recognition Technology program  Validate non-disclosure agreements, approvals, and other related items are complete (if applicable).  Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.

Motorola Deliverables
 Project Kickoff Meeting Minutes
 Deployment Checklist

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PROJECT EXECUTION
Hardware Procurement and Installation (if applicable)
Motorola will procure contracted hardware as part of the ordering process. The Customer is r esponsible for providing an installation environment that meets manufacturer’s specifications for the hardware, which includes but is not limited to:
 Power
 Heating and Cooling
 Network Connectivity
 Access and Security
 Conduit and Cabling
Motorola Responsibilities
 Procure contracted equipment and ship to the Customer's designated location.  Verify remote connection to hardware.
 The installer will be responsible for installing all Motorola provided hardware.  Installer will utilize a certified electrician when wiring power to equipment.  Verify whether the hardware is properly installed, connected to the network, and positioned to capture license plate data. (if applicable).
 Create a Trip Report outlining the activities completed during configuration a nd testing of system hardware.

Customer Responsibilities (if applicable)
 Provide Motorola with the correct IP address(es) for configuration  Ensure the Customer’s network is operational.
 Inventory LPR equipment after arrival at Customer location.  Procure Customer-provided equipment and make it available at the installation location.  Install backend server in Customer's designated area (if applicable).  Confirm the server room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.)(if applicable).
 Verify the server is connected to the Customer’s network and installed for use.(if applicab le)  Conduct a power-on test to validate the installed hardware and software are ready for configuration.  Provide, install, and maintain antivirus software for server(s) and/or workstation(s).  Enable outgoing network connection (external firewall) to License Plate Recognition Technology  Install Customer-supplied Access Points (if applicable).  Verify all equipment directly connected to power is properly installed and connected to the network (if applicable).
 For remote deployments, the Customer is responsible for verifying all equipment is connected to their network  Confirm access to installed software on Customer-provided workstation(s).

Motorola Deliverables
 Contracted Equipment
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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 ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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Mobile LPR Camera System (If Applicable)
The Motorola-certified installer will complete the installation of the Mobile LPR system(s) within the Customer - provided vehicle(s) or selected location. The installer may also be responsible for installing cellular routers or Wi - Fi radios inside the vehicle(s) for wireless upload of video and images.

The Customer vehicles must be available for the ST to complete the configuration and test ing of the contractual number of Mobile LPR cameras. If the Customer does not have all vehicles available during the agreed upon date and time, the Customer may opt to sign-off on the number of Mobile configurations completed. If the Customer requires the ST to complete the full contractual number of Mobile LPR Cameras at a later date and time, additional cost may be incurred.

Note – The Pricing Page will reflect the Mobile LPR installation services by Motorola if Motorola is responsible for the installations.

Motorola Responsibilities
 Setup server for Mobile LPR digital video recorder (DVR) configuration.  Create configuration USB used to complete Mobile LPR hardware configuration and validation.  Travel to the Customer site to conduct configuration and testing of Mobile LPRs.  Complete Mobile LPR configuration on a single vehicle, and validate the configuration with the Customer.  Point and aim the Mobile LPR camera for image capturing.  Install Licensed Software on Customer-provided mobile data terminal (MDT)  Configure MDT Netowrk Card
 Enable AI in Video Manager
 Configure NetMotion (if applicable)
 Receive Customer approval to proceed with remaining Mobile LPR configurations.  Complete remaining contracted vehicle configurations.  Test a subset of completed Mobile LPR hardware configurations.  For Motorola-certified installer, complete the installation of cellular router and confirm placement of antenna mounting with Customer (if applicable).
 The Motorola-certified installer will install Customer-provided SIM card into cellular router and connect cellular router to the Mobile LPR (if applicable).

Customer Responsibilities
 Provide Motorola with remote connection and access credentials to complete Mobile LPR hardware configuration.
 Notify Motorola of the vehicle installation location.  Coordinate and schedule date and time for Mobile LPR hardware configuration(s).  Make Mobile LPR hardware available to Motorola for configuration and testing in accordance with the Project Schedule.
 Provide cellular SIM Card for Internet connectivity to the installer at time of installation.

Motorola Deliverables
 Complete Configuration and camera aiming as it applies to the proposed solution.

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Fixed LPR Camera System Configuration (If Applicable)
The Motorola-certified installer will complete the installation of the Fixed LPR system(s) within the Customers designated locations. The installer may also be responsible for installing cellular routers or Wi -Fi radios for wireless upload of video and images. In the instance where Customer has purchased a self-deploy or quick- deploy camera without deployment or installation, the below Motorola responsibilities will be absorbed by the Customer.

Motorola Responsibilities
 Review preliminary plans for installation
 Verify with customer that proper permits and authorizations have been obtained  Identify installation locations (pole or infrastructure asset) on which to install the Fixed LPR camera  Motorola-certified installer will install the Fixed LPR camera  Point and aim the Fixed LPR camera for image capturing  Install License Plate Recognition Technology Software Customer Responsibilities
 Approve installation locations
 Obtain necessary permits and authorizations
 Provide power to installation locations
 Provide any required trenching
 Coordinate with local utility companies in the case of any interrupted service requests or instances NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. When cellular service is used as the point of connection, customer is responsible for providing cellular service, and SIM cards if they are not being purchased from Motorola as part of the LPR solution. If a Motorola-certified installer is not used for installation, Motorola is not responsible for any errors in hardware installation, performance or delays in the Project Schedule. In the event the Customer takes on the responsibility of install ing LPR cameras through a Motorola-certified installer, Motorola is also not responsible for any errors in hardware installation, performance or delays in the Project Schedule. For in-car LPR installations, an MDT is required for all vehicles (if applicable).

Automatic License Plate Recognition (ALPR) Commissioning (If Applicable) This section highlights the responsibilities of Motorola and the Customer when a Motorola In -Car Video (ICV) system interfaces with the LPR database.

Motorola Responsibilities
 Create a Customer account in the LPR data system with authorized user emails.  Verify License Plate Recognition Technology software has been installed and launched per the Quickstart Guide.
 Provide Mobile LPR - Officer Safety Basic and Advanced Pre-Installation Checklist.  Provide Agency Manager with Training Materials and Licensed Software MDT installation guide.  Advise Agency Manager of different options available to add new users.  Confirm Agency Manager is aware of registration required for Hotlists.  Confirm Agency Manager understands how to set up data-sharing.

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Customer Responsibilities
 Identify the Agency Manager.
 Register to receive access to Hotlists.

SOFTWARE INSTALLATION AND CONFIGURATION (IF APPLICABLE) Motorola will install LPR software on a specified number of workstations. The Customer will be responsible for installing the software on the remaining workstations.

Licensed Software for the Mobile LPR Solution
Licensed Software is used in conjunction with Mobile LPR cameras. Installation consists of the following activities:
 Network discovery.
 Operating system and software installation.
 Onboarding user / system identity set up.
 Provide user access to the application.

License Plate Recognition Technology
License Plate Recognition Technology software is a cloud solution that does not require an onsite server and supports the full LPR Solution.

Motorola Responsibilities
 Based on Customer feedback, perform the following activities:
- Create users, groups, and permissions.
 Test to ensure software is accessible to the Customer Customer Responsibilities
 Verify traffic can be routed through Customer’s firewall and reaches end user workstations.

CloudConnect Installation and Configuration (applicable for CommandCentral Aware purchase) Motorola Responsibilities
 Verify remote access capability.
 Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server.  Configure network connectivity and test connection to the CloudConnect Virtual Machine.  Create an IPSEC tunnel.
 Provide Customer with the information for setting up the IPSEC tunnel.

Customer Responsibilities
 Provide Motorola with two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP for the CloudConnect Virtual Machine and the Cloud Anchor Server.  Confirm with Motorola the network performance requirements are met.  Configure firewall to allow traffic from IPSEC tunnel.

Completion Criteria
 CloudConnect Virtual Machine configuration is complete and accessible throughout the network.

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CommandCentral Evidence (if applicable)
Motorola will work with the Customer to determine best industry practices, current operations environment, and subsystem integration to ensure optimal configuration of your CommandCentral Evidence solution.

Motorola Responsibilities
 Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data.
 Guide the Customer in the configuration of CommandCentral Evidence.

Customer Responsibilities
 Supply access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Evidence provisioning.
 Respond to Motorola’s inquiries regarding users, groups and agency mapping to CommandCentral Evidence.  Provision policies, procedures, and user permissions.  Configure evidence as directed by Motorola.

Third-Party Interfaces (if applicable)
The integration between Motorola’s LPR system and the Customer’s third -party system may consist of an iterative series of activities depending on the complexity of accessing the third-party system. Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible for engaging third -party vendors as required to facilitate connectivity and testing of the interface(s).

Motorola Responsibilities
Develop and configure interface(s) to support the functionality described in the Solution Description.

Establish and validate connectivity between Motorola and third-party systems.

Perform functional demonstration to confirm the interface(s) can transmit and receive data t o the Customer’s digital evidence management system.

Customer Responsibilities
 Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the LPR system.
 Provide personnel authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.
 Provide network connectivity between the LPR and the third-party system(s).  Provide information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided to the Motorola PM within ten (10) business days of the Interface Engagement Meeting.

NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulti es with interfacing Motorola products to a third-party application. These difficulties could result in a poorly performing or a non-functional interface. By providing Motorola with this information early in the deployment process, will put us in the best position to mitigate these potential issues. If the resolution requires additional third -party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third-party applications or

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Customer-provided third-party hardware or software. All APIs provided by Motorola or integrations with third-party software are provided AS IS. Motorola is not liable for any claims or damages associated with third party applications, or Customer-provided third party hardware or software.

SYSTEM TRAINING
The objective of this section is to prepare for and deliver training. Motorola training consists of computer -based (online) and instructor-led (on-site or remote). Our training delivery methods will vary depending on course content. Training will be delivered in accordance with the Training Plan. As part of our training delivery, Motorola will provide user guides and training materials in an electronic format.

Online Training (if applicable)
Online training is made available to the Customer through LXP and/or Motorola vetted third party platforms.

Motorola Responsibilities
 Designate a LXP Administrator to work with the Customer (if applicable).  Establish an accessible instance of LXP for the Customer (if applicable).  Configure a Customer-specific portal view.
 Organize content to align with Customer’s selected technologies.  Create initial Customer user accounts and a single Primary Administrator account..  Provide technical support for user account and access issues, LXP functionality, and Motorola managed content (if applicable).
 Provide instruction to Customer on building groups.
 Coordinate third party platform usage and additional course offerings Customer Responsibilities
 Provide user information for the initial creation of accounts.  Complete LXP Administrator training (if applicable).
 Ensure network and Internet connectivity for Customer access to training platforms.

Instructor-Led Training (On-Site and/or Remote, if applicable) Instructor-led courses are based on products purchased and the Customer’s Training Plan.

Motorola Responsibilities
 Deliver User Guides and training materials in an electronic format.  Perform training in accordance with the provided Training Plan.  Provide the Customer with training attendance rosters and summarize any pertinent information that may impact end user training.

Customer Responsibilities
 Supply classroom(s) with the required computer and audio-visual equipment for training.  Designate training representatives who will work with the Motorola trainer(s) to deliver the training content.  Facilitate training of all Customer end users in accordance with the Customer’s Training Plan.

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Motorola Deliverables
 Electronic versions of User Guides and training materials.  Attendance rosters.

PROJECT GO-LIVE, CLOSURE, AND HANDOVER TO SUPPORT
Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and functionality are in line with installation and configuration requirements. The Customer will witness the ST demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated.

The Customer is considered Live on the system after the equipment has been installed, configured, and made available for use, and training has been delivered or made available to the Customer.

Upon the conclusion of Go-Live, the project is prepared for closure. Project closure is defined as the completion of tasks and the Customer’s receipt of contracted components. The Deployment Checklist serves as the artifact that memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to formally close out the project. The Customer has ten (10) business days to provide Motorola with a signed System Acceptance Certificate. If the Customer does not sign off on this document or provide Motorola written notification rejecting project closure, the project will be deemed closed. Upon project closure, the Customer will engage with Technical Support for on-going needs in accordance with the Customer’s specific terms and conditions of support.

Motorola Responsibilities
 Provide the Customer with Motorola Technical Support engagement process and contact information.  Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support.
 Ensure Deployment Checklist is complete.
 Obtain Customer signature on the System Acceptance Certificate.  Provide Customer survey upon closure of the project.

Customer Responsibilities
 Within ten (10) business days of receiving the System Acceptance Certificate, provide signatory approval signifying project closure.
 Provide Motorola with the contact information of users who are authorized to engage Motorola’s Technical Support.
 Engage Technical Support as needed.

Motorola Completion Criteria
 Provide Customer with survey upon closure of the project.

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ASSUMPTIONS
This SOW is based on the following list of assumptions (if applicable):
 Customer is aware of and abiding by their States’ laws, mandates and requirements in relation to the Hotlist  Pole installations will be done on grassy/dirt/gravel areas or sites where excava tion can easily be done with fstandard auger equipment.
 Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies)
 Information provided and approved in the Presales DDR process was accurate

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Purchase Order Checklist NA OM
Markedas PO/ Contract/ Notice toProceedonCompany Letterhead (POwill not be processedwithout this)
PONumber/ Contract Number
PODate
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-ToName onPOmust be equal totheLegalBill-ToName
Bill-ToAddress
Ship-ToAddress (If we are shippingtoa MR location, it must be documentedonPO) Ultimate Address (If the Ship-Toaddress is the MR locationthenthe Ultimate Destination address must be documentedonPO)
POAmount must be equal toor greater thanOrder Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Tax ExemptionStatus
Signatures (As required)
NOTE: When an email order is submitted a confirmation is sent from Motorola AutoNotify referencing a case number.

Once checklist is complete, order still must go through Order Validation/Credit Approval 156
Fontana Police Department
LPR System Service Plan
February 3, 2026
The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2025 Motorola Solutions, Inc. All rights reserved.

Use or disclosure of the content in this document
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Table of Contents
Overview and Definitions ........................................................................................................................ 3 1.1. Overview ....................................................................................................................................... 3 1.2. Definitions ..................................................................................................................................... 3 1.2.1. Centralized Managed Support Operations .......................................................................... 3 1.2.2. Field Service ........................................................................................................................ 3 1.2.3. Customer Support Manager ................................................................................................ 4 1.2.4. Customer Hub ...................................................................................................................... 4 LPR Remote Monitoring Service Statement of Work ........................................................................... 5 2.1. Overview ....................................................................................................................................... 5 2.2. Description of Service ................................................................................................................... 5 2.3. Scope ........................................................................................................................................... 5 2.4. Motorola Solutions Responsibilities .............................................................................................. 5 2.5. Customer Responsibilities ............................................................................................................ 6 2.6. Limitations and Exclusions ........................................................................................................... 6 2.7. Response Times ........................................................................................................................... 7 LPR Onsite Response and Replacement Service Statement of Work ................................................ 8 3.1. Overview ....................................................................................................................................... 8 3.2. Description of Service ................................................................................................................... 8 3.3. Inclusions ...................................................................................................................................... 8 3.4. Motorola Solutions Responsibilities .............................................................................................. 8 3.5. Customer Responsibilities ............................................................................................................ 9 3.6. Limitations and Exclusions ......................................................................................................... 10 3.7. Response Times ......................................................................................................................... 11 LPR Preventive Maintenance Service Statement of Work ................................................................. 12 4.1. Overview ..................................................................................................................................... 12 4.2. Description of Service ................................................................................................................. 12 4.3. Inclusions .................................................................................................................................... 12 4.4. Motorola Solutions Responsibilities ............................................................................................ 12 4.5. Customer Responsibilities .......................................................................................................... 13 4.6. Limitations and Exclusions ......................................................................................................... 14 4.7. Preventive Maintenance Tasks ................................................................................................... 14 4.8. Preventive Maintenance Delivery ............................................................................................... 15 Covered Equipment ............................................................................................................................... 16 5.1. Equipment Summary .................................................................................................................. 16 5.2. Camera Locations ...................................................................................................................... 16 Service Pricing ....................................................................................................................................... 27 6.1. Pricing without Preventative Maintenance .................................................................................. 27 6.2. Optional Pricing with Preventative Maintenance ........................................................................ 28 6.3. Notes .......................................................................................................................................... 28

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Section 1
Overview and Definitions

1.1. Overview
This document presents the deliverables, role, and responsibilities of Motorola and Customer in the delivery of a comprehensive Service Plan for Customer’s License Plate Recognition (LPR) Camera and Vehicle Intelligence System.

The LPR Service Plan consists the following interlinked elements:
● LPR Camera Remote Monitoring. The operating status of fielded LPR cameras is monitored remotely from Motorola’s Network Operations Center (NOC). Upon detection of a camera issue, the NOC and Motorola Technical Support assess the issue and determine resolution actions.
● Onsite Response. In the event that an LPR system element experiences an issue that cannot be remotely resolved, a field service technician is dispatched to address the incident on site. ● Preventive Maintenance. In order to proactively identify potential developing issues, LPR sites are inspected on a set cadence to verify the ongoing physical integrity of the equipment.

The LPR Service Plan scope is applied to the equipment enumerated in this document, under “Covered Equipment”.

1.2. Definitions

1.2.1. Centralized Managed Support Operations
The cornerstone of Motorola’s support process is the Centralized Managed Support Operations (CMSO) organization, which includes the Service Desk, technical support teams, and the Network Operations Center (NOC). The CMSO is staffed 24/7 by experienced personnel, including service desk specialists and product support specialists.

The Service Desk provides a single point of contact for all service-related items, including communications between the Customer, Motorola, and third-party subcontractors. The Service Desk processes service requests, service incidents, and change requests. The Service Desk dispatches field resources and communicates with stakeholders in accordance with predefined response times.

All incoming transactions through the Service Desk are recorded, tracked, and updated through the Motorola case management system.

The Service Desk and NOC coordinate with the field service teams that serve the Customer locally.

1.2.2. Field Service
Motorola authorized and qualified Field Service Technicians perform on-site activities, field repair, and preventive maintenance tasks as contracted. These technicians are integrated with the Service Desk Use or disclosure of the content in this document
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and with Technical Support teams and Product Engineering as required to resolve repair and maintenance requests.

1.2.3. Customer Support Manager
A Motorola Customer Support Manager (CSM) will be the Customer’s key point of contact for defining and administering services. The CSM monitors that committed deliverables are executed per the statement of work, and is the Customer’s advocate in our service relationship.

The CSM’s initial responsibility is to create the Customer Support Plan (CSP) in collaboration with the Customer. The CSP functions as an operating document that personalizes the services described in this document. The CSP contains Customer-specific information, such as site names, site access directions, key contact persons, incident handling instructions, and escalation paths for special issues.

The CSP also defines the division of responsibilities between the Customer and Motorola so response protocols are pre-defined and well understood when the need arises.

The CSP governs how the services will be performed and will be automatically integrated into this SOW by this reference. The CSM and Customer will review and amend the CSP on a mutually agreed cadence so the CSP remains current and effective in governing the services.

1.2.4. Customer Hub
Customer Hub is an online web portal that enables Customer representatives to:
● Electronically submit incidents and service requests to the Service Desk ● View and update incident case information and status
The portal is accessed from a desktop, laptop, tablet or smartphone web browser.

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Section 2
LPR Remote Monitoring Service
Statement of Work
This Statement of Work (“SOW”), including all of its subsections and attachments, is an integral part of the applicable agreement and applicable addenda (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the customer (“Customer”). All services provided under this SOW shall be governed by the terms of the Agreement.

2.1. Overview
The LPR Remote Monitoring service provides Motorola Solutions’ Network Operations Center (“NOC”) with operational status of Customer’s LPR cameras, enabling the NOC to provide proactive technical support response to defined alerts from the Customer’s camera system. When an actionable event takes place, it becomes an incident. Centralized Managed Support Operations (“CMSO”) technologists acknowledge and assess these incidents, and initiate a defined response.

2.2. Description of Service
This service is made up of two main components:

1. Upon initial purchase of this Service, Motorola Customer Representatives will onboard the Customer to receive service.

2. The alerts will be monitored and responded to by the NOC.

Alerts will be generated based on the health status of the camera. These alerts may be tied to events like a camera losing power or not recording detections after a defined period of time.

2.3. Scope
Remote Monitoring service will provide a response to detected health status alerts. The NOC will begin the standard troubleshooting process on the system directly and initiate the appropriate next steps.

2.4. Motorola Solutions Responsibilities
● Verify connectivity and event monitoring prior to system acceptance or start date of the Service. ● Once alerted, create an incident, as necessary. Gather information to perform the following ○ Describe the event
○ Assign and track the incident to resolution (if applicable) ● Electronically transmit the Incident ticket to the Customer. ● Maintain communication as needed with the Customer in the field until incident resolution. ● Upon request, provide updates on incident resolution to the Customer. ● The NOC will attempt to resolve the incident remotely, in collaboration with Customer. ● If the incident cannot be remotely resolved, the NOC will dispatch a Motorola on-site technician, Use or disclosure of the content in this document
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provided on-site service has been contracted by Customer.

2.5. Customer Responsibilities
● Provide internet or LTE connectivity for the camera(s) included in this service, unless otherwise provided as agreed upon by Motorola Solutions.
● Purchase camera licenses for any cameras covered by this service. ● Provide access to the camera as needed for troubleshooting efforts. ● Provide continuous utility service to any Motorola Solutions supported equipment installed or used at the Customer’s premises to support delivery of the service. The Customer agrees to take reasonable due care to secure the Motorola Solutions supported equipment from theft or damage while on the Customer’s premises.
● Prior to contract start date, provide Motorola Solutions with pre-defined information necessary to complete a Customer Support Plan (CSP), including:
○ Incident notification preferences and procedure
○ Repair verification preference and procedure
○ Database and escalation procedure forms
● Submit timely changes in any information previously supplied to Motorola Solutions and included in the CSP.
● Notify the CMSO when the Customer performs any activity that impacts the system. Activity that impacts the system may include, but is not limited to: installing software or hardware upgrades, performing upgrades to the network, renaming elements or devices within the network, moving (including installing/reinstalling/deinstalling) cameras, and taking down part of the system to perform maintenance. All such changes must be communicated through the opening of a Change (“CRQ) ticket with the NOC.
● Allow Motorola Solutions field service technician, if designated in the CSP, access to remove Motorola Solutions-owned monitoring equipment upon cancellation of service. ● Provide Motorola Solutions with all Customer-managed passwords required to access the Customer’s system upon request, when opening a request for service support, or when needed to enable response to a technical issue.
● Pay additional support charges above the contracted service agreements that may apply if it is determined that system faults were caused by the Customer or a third party making changes to the System without written approval from Motorola Solutions, or if Customer-provided network connectivity is not capable of supporting consistent heartbeat event transmission. Additional fees may be necessary to resolve an issue, based on the exclusions above. ● Cooperate with Motorola Solutions and perform reasonable or necessary acts to enable Motorola Solutions to provide these services.

2.6. Limitations and Exclusions
The following activities are outside the scope of the LPR Remote Monitoring service:
● Motorola Solutions will not monitor alerts from any elements outside of the Customer’s identified LPR solution, or monitor infrastructure provided by a third party, unless specifically agreed upon in writing. Monitored elements must be within the Motorola LPR Solution and capable of sending alerts to the monitoring platform.

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● Customer shall inform Motorola Solutions of any changes made to the Motorola Solutions System. Motorola Solutions is not responsible or liable for Services necessary due to such changes. Additional support charges above contracted service agreement fees may apply if Motorola Solutions determines that system faults were caused by the Customer or a third party making changes to the System without written approval from Motorola Solutions. ● Monitoring of network transport, such as WAN ports, WAN Cloud and redundant paths, unless provided by supplemental service outside this standard scope. ● On-site visits required to resolve technical issues that cannot be resolved by working remotely with the Customer’s technical resource.
● System installations, hardware upgrades and expansions. ● Customer training.
● Hardware repair and/or replacement.
● Network security services.
● Information Assurance.
● Customer-provided or third-party equipment, services or software not provided by Motorola.

2.7. Response Times
In the event of an incident, a ticket is opened. Motorola Solutions will provide an initial response during normal business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday; excluding statutory (Federal and State) holidays, and excluding Customer-specific holidays when a Customer representative would not be available to collaborate with the CMSO Service Desk. Motorola’s response time will be based on the Customer’s local time zone.

Upon ticket opening, the CMSO Service Desk and Technical Support will determine if a replacement camera and/or other ancillary equipment will be required to resolve the incident. Motorola will then notify Customer of such determination.

If LPR on-site service is contracted, the NOC will transfer the incident to a Motorola field service technician to continue restoral actions, in accordance with the on-site statement of work.

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Section 3
LPR Onsite Response and Replacement
Service Statement of Work
This Statement of Work (“SOW”), including all of its subsections and attachments, is an integral part of the applicable agreement and applicable addenda (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the customer (“Customer”). All services provided under this SOW shall be governed by the terms of the Agreement.

3.1. Overview
The LPR Onsite Response & Replacement Service (“LPR Onsite Service”) provides incident management for onsite technical service requests. The service is delivered by Motorola’s Centralized Managed Support Operations (“CMSO”) in cooperation with a local service provider.

3.2. Description of Service
The Motorola CMSO team will receive and manage a request that requires in-field support. The initiator of this request may be Customer or Motorola’s NOC (for incidents generated by the LPR Remote Monitoring Service).

The Field Service Technician, dispatched and coordinated by Motorola, will travel to the Customer’s location to restore a malfunctioning camera system in accordance with the Response Times stipulated in this SOW.

Motorola will manage incidents as described in this SOW. The CMSO Service Desk will maintain contact with the Field Service Technician until incident closure.

3.3. Inclusions
LPR Onsite Service is provided for Motorola-manufactured equipment, specifically the L5F, L6D, and L6Q camera and associated ancillary components.

3.4. Motorola Solutions Responsibilities
● Receive service requests.
● Dispatch a Field Service Technician, as necessary and in accordance with Motorola standard procedures, and provide the technician with the necessary incident information. ● Provide the Field Service Technician access to relevant Customer information, as needed. ● The Field Service Technician will perform the following ○ Evaluate the Customer’s environment and equipment to determine the source of the issue. This may result in restoration of camera functionality without replacement. ○ If necessary, replace defective LPR equipment, using a Customer-provided replacement device. In the event that a replacement unit is not on-hand, repair will be postponed until Use or disclosure of the content in this document
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a replacement unit can be sourced.
○ If the defective LPR equipment is covered under warranty, the Motorola Field Servicer will initiate a warranty claim, filing a Return Material Authorization (RMA), on behalf of Customer, to secure a replacement device.
○ If Customer has established a spare pool of equipment that may be used to effect replacement of a faulty device, the Motorola Field Service Technician will use the spare pool to effect device restoration.
○ Update the component with the latest Firmware and/or Software updates and confirm updates.
● Technician will be equipped with the tools and documentation needed to perform the work and will supply ancillary minor materials and minor parts required to perform the service.

3.5. Customer Responsibilities
● Site Conditions:
○ All sites shall be accessible by standard vehicles
○ Camera equipment shall be accessible using a standard, 14-foot A-frame ladder ○ Camera equipment shall be accessible using a 40-foot bucket truck, if needed ● Prior to start date, provide Motorola with the information needed to complete the Customer Support Plan (CSP)
● As part of service onboarding, establish a Maintenance User Account (username/login) in VehicleManager and provide it to the responding Motorola field service technician, to be utilized by the technician in effecting camera configuration as needed. ● Submit timely changes to any information, previously supplied to Motorola, which is needed for Motorola to perform the service.
● If Customer establishes a spare pool of equipment to be used by Motorola for camera system service restoration, Customer and Motorola will mutually agree on a storage location that will enable the Motorola Field Service Technician to effect field repair/restoration in a timely and efficient manner (i.e. minimizing return trips to faulty sites). Customer agrees to review with Motorola, from time to time, the content of the spare pool, and to augment the spare pool as needed to maintain a mutually agreed upon efficient repair/restoration process. ● Provide the following information when initiating a service request:
○ Serial number of Camera
○ Assigned System ID number
○ Problem description and site location
○ Other pertinent information requested by Motorola to open an incident ● Maintain and store software needed to restore the system in an easily accessible location. ● Maintain and store proper system backups in an easily accessible location. ● Provide a primary onsite contact to be available, as needed, to the Motorola technician. ● Cooperate with Motorola and perform reasonable or necessary acts to enable Motorola to provide these services.
● Permits, Traffic Control, and Safety
○ Secure permits and local licensing associated with Public Safety ○ Procure and coordinate traffic control needed to perform the service ○ Procure, coordinate, or staff safety personnel and equipment Use or disclosure of the content in this document
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● Provide site escorts, if required.
● Procuring any electrical or utility work that may be required to restore operation of the equipment
● Provide Field Service Technician with prompt and safe access to equipment. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use and maintenance of the Products and Services. Customer is responsible for providing a security detail to facilitate a safe working environment, at Motorola’s request, while a Motorola employee or servicer/subcontractor is conducting on-site demonstrations, installations or site walks. If Motorola or Customer identifies any deficiencies or non-conformities in the Site, Customer will promptly remediate such issues or the Parties will select a replacement Site. ● In the event that Motorola agrees in writing to provide supplemental LPR Onsite Service to Customer-provided third-party elements, the Customer agrees to obtain and provide applicable third-party consents or licenses to enable Motorola to provide the service. All services provided by Motorola in this case are provided AS IS with no warranties or representations. Additionally, Motorola disclaims all liability for any claims related to supplemental services and third-party elements.

3.6. Limitations and Exclusions
The following items are excluded from this service:
● All Motorola-manufactured equipment beyond the post-cancellation support period. ● Any technical service requests related to third-party equipment or software, including Broadband Services and related hardware.
● Physically damaged equipment.
● Accessories and consumable items including, but not limited to, batteries, connectors, cables, toner or ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. ● Retrieval of video/data from malfunctioning LPR Cameras. ● Construction related services and poles.
● Any fees or expenses not explicitly included under Motorola Responsibilities, including but not limited to parking, stemming from road closure and positioning of equipment needed to perform the services.
● Any relocation of equipment.
● Non-standard configurations, customer-modified equipment, and certain third-party equipment, software or solutions.
● Any maintenance and/or remediation required as a result of a virus or unwanted cyber intrusion. ● Any services and replacements during unsafe conditions, including but not limited to Acts of God, Natural Disasters and unsafe weather and site conditions Use or disclosure of the content in this document
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3.7. Response Times
Field service is provided during normal business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday; excluding statutory (Federal and State) holidays, and excluding Customer-specific holidays when a Customer representative would not be available to collaborate with the CMSO Service Desk.

Motorola’s response time will be based on Customer’s local time zone.

Field Service Technician will arrive on-site within five (5) business days of initial dispatch. This time may be extended by mutual agreement, in the event that Customer requires more time to arrange traffic control or a replacement unit is not on-hand to restore the affected camera.

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Section 4
LPR Preventive Maintenance Service
Statement of Work
This Statement of Work (“SOW”), including all of its subsections and attachments, is an integral part of the applicable agreement and applicable addenda (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the customer (“Customer”). All services provided under this SOW shall be governed by the terms of the Agreement.

4.1. Overview
Preventive Maintenance for L6Q, L5F, L6D, and L5M camera systems ensures that the Customer’s camera system remains in proper functioning order throughout its life.

4.2. Description of Service
Preventive Maintenance provides onsite operational tests and maintenance on the Customer’s LPR camera system to ensure the equipment is functioning to Motorola Solutions specifications.

4.3. Inclusions
Preventive Maintenance will be scheduled with the customer on an annual basis (one time in a one-year service contract cycle) and performed during standard business hours, unless otherwise agreed to in writing. After the service starts, if the system or Customer requirements dictate that the service must occur outside of standard business hours, an additional quotation will be provided. The Customer is responsible for any charges associated with unusual access requirements or expenses.

4.4. Motorola Solutions Responsibilities
● Define an initial schedule with the Customer at the start of the contract year. Changes shall be mutually agreed upon.
● Undertake commercially reasonable efforts to schedule the preventive maintenance work at all sites in a continuous and uninterrupted sequential fashion, with the aim of completing the entire preventive maintenance cycle within a mutually agreed defined period. ● Notify the Customer of any planned system downtime needed to perform the service. ● Open a case, classed as a “Change Request” (CHG), with Motorola Support to notify of the onsite visit and Preventive Maintenance activity taking place at the Customer Site. ● Field Service Technician will inspect the items listed in the table below. ● Maintain communication with the Customer as needed until completion of the Preventive Maintenance.
● Determine, in its sole discretion, when a finding requires additional onsite support beyond the services described in this SOW, and notify the Customer of an alternative course of action.

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Additional costs may apply. For findings requiring additional technical support, the Field Service Technician will assist in opening an incident with the Motorola Solutions Technical Support team ● Provide the Customer with a report of the maintenance outcomes along with any recommended actions. Time allotment for report completion is to be mutually agreed.

4.5. Customer Responsibilities
● Provide preferred schedule for Preventive Maintenance to Motorola. ● Undertake commercially reasonable efforts to schedule the preventive maintenance work for all sites in a continuous and uninterrupted sequential fashion, with the aim of completing the entire preventive maintenance cycle within a mutually agreed defined period. ● Site Conditions:
○ All sites shall be accessible by standard vehicles
○ Camera equipment shall be accessible using a standard, 14-foot A-frame ladder ○ Camera equipment shall be accessible using a 40-foot bucket truck, if needed ● Authorize and acknowledge any scheduled system downtime. ● As part of service onboarding, establish a Maintenance User Account (username/login) in VehicleManager and provide it to the responding Motorola Field Service Technician, to be utilized by the technician in effecting the service.
● Provide Motorola Solutions with requirements necessary for access to secure facilities.

Maintain periodic backup of databases, software applications, and firmware. ● Permits, Traffic Control, and Safety
○ Secure permits and local licensing associated with Public Safety ○ Procure and coordinate traffic control needed to perform the service ○ Procure, coordinate, or staff safety personnel and equipment ● Provide site escorts, if required, in a timely manner. ● Procuring any electrical or utility work that may be required to restore operation of the equipment
● Establish and maintain a suitable environment (heat, cooling, light, and power) for the equipment location as described in equipment specifications, and provide Motorola Solutions full, free, and safe access to the equipment so that Motorola Solutions may provide services. All sites shall be accessible by standard service vehicles. ● In the event that Motorola Solutions agrees in writing to provide supplemental Preventive Maintenance to third-party elements provided by Customer, Customer agrees to obtain any third-party consents or licenses required to enable Motorola Solutions field service technician to access the sites to provide the service. Motorola will not be held responsible for any requested and conducted maintenance to third party elements as it relates to warranties. ● For LPR Cloud customers, Customer is responsible for providing, configuring, and maintaining their equipment to connect to the cloud instance. Motorola will have no liability for Customer’s failure to do so. Motorola will not uninstall or reinstall. ● Customer’s failure or delay to perform its responsibilities may result in delays or Motorola’s inability to perform its obligations under this SOW. Motorola will not be liable for any such delays or performance limitations.

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4.6. Limitations and Exclusions
The following items are excluded from this service:
● All Motorola-manufactured equipment beyond the post-cancellation support period. ● Any technical service requests related to third-party equipment or software, including Broadband Services and related hardware.
● Physically damaged equipment.
● Accessories and consumable items including, but not limited to, batteries, connectors, cables, toner or ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. ● Retrieval of video/data from malfunctioning LPR Cameras. ● Construction related services and poles.
● Any fees or expenses not explicitly included under Motorola Responsibilities, including to but not limited to parking, stemming from road closure and positioning of equipment needed to perform the services.
● Any relocation of equipment, deinstallation or installation of LPR cameras. ● Non-standard configurations, customer-modified equipment, and certain third-party equipment, software or solutions.
● Any WiFi Access Points, routers, switches, firewalls, other network related products. ● Network transport link performance verification.
● Any maintenance and/or remediation required as a result of a virus or unwanted cyber intrusion. ● Any services and replacements during unsafe conditions, including but not limited to Acts of God, Natural Disasters, and unsafe weather and site conditions.

4.7. Preventive Maintenance Tasks
The Preventive Maintenance service will inspect the following, as applicable.

Preventive Maintenance Checklist
Camera Firmware Confirm most current firmware version is loaded on the LPR camera.

Field of View Verify field of view is properly capturing plate reads consistently.

Lens Cleaning Clean the lens carefully with ammonia-free glass cleaner and a microfiber cloth to maintain image quality.

Lens Cover Condition Verify the lens cover or shield is free of scratches, fogging, or other issues impacting image quality.

Camera Housing Inspect the camera housing for cracks, dents, or damage affecting weather resistance.

Cables Cables Condition Inspect all exposed cables for wear, cracking or fraying, particularly in high UV or moisture areas.

Connectors Inspect connectors on both ends of camera cable for Use or disclosure of the content in this document
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Preventive Maintenance Checklist
signs of corrosion or wear, to ensure reliable connections.

Weatherproof Seals Check that all seals and gaskets are intact, preventing water or dust ingress.

Enclosure
(L5F Only)
Communications Box Confirm no water ingress and check for any signs of pest intrusion.

Visually inspect all connection points inside the enclosure for power and data transmission for signs of corrosion or deterioration.

Edge
Compute
Appliance
(L5F/L5M
Only)
VLP/VIP Processor Visually inspect all connection points on the VLP/VIP for power and data transmission for signs of corrosion or
deterioration.

Firmware Confirm most current Firmware version is loaded on the VLP/VIP.

Brackets Corrosion Check on
Metal Parts
Examine all metal parts, including mounting screws and
brackets, for signs of rust or corrosion, especially in high-humidity or salt-air environments.

Mounting Inspect mounting brackets (bolts, ram ball, steel strapping, etc.) for a secure and stable install.

For magnetically mounted devices, visually inspect the
mag-mount for signs of rust or corrosion.

Note: Adhering to this preventative maintenance plan, including proper lens care, will enhance the reliability and durability of the camera systems. This plan ensures each camera performs optimally in various environmental conditions while minimizing downtime and maintenance costs.

4.8. Preventive Maintenance Delivery
Preventive Maintenance is to be scheduled during normal business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday; excluding statutory (Federal and State) holidays, and excluding Customer-specific holidays when a Customer representative would not be available to collaborate with the field servicer. Scheduling will be based on Customer’s local time zone.

In the event that traffic control/lane closure is needed to perform the preventive maintenance, Customer and Motorola will mutually confirm all necessary resources are scheduled for the work at least forty-eight (48) hours prior to the site visit.

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Section 5
Covered Equipment

5.1. Equipment Summary
The deliverables defined in these Statements of Work apply to the following covered equipment quantities:

5.2. Camera Locations
The covered equipment is located at the following sites:

Site DOT System Name Camera Name Comms
Box Type
13 EB EB-Valley-Citrus-Ln1 EB_Valley_Citrus_Ln1 1 REAPERSD 13 EB EB-Valley-Citrus-Ln2 EB_Valley_Citrus_Ln2 REAPERSD Use or disclosure of the content in this document
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Site DOT System Name Camera Name Comms
Box Type
13 NB NB-Citrus-Valley-Ln1 NB_Citrus_Valley_Ln1 1 REAPERSD 13 NB NB-Citrus-Valley-Ln2 NB_Citrus_Valley_Ln2 REAPERSD 13 SB SB-Citrus-Valley-Ln1 SB_Citrus_Valley_Ln1 1 REAPERSD 13 SB SB-Citrus-Valley-Ln2 SB_Citrus_Valley_Ln2 REAPERSD 13 WB WB-Valley-Citrus-Ln1 WB_Valley_Citrus_Ln1 1 REAPERSD 13 WB WB-Valley-Citrus-Ln2 WB_Valley_Citrus_Ln2 REAPERSD 14 EB EB-Valley-Sierra-Ln1 EB_Valley_Sierra_Ln1 1 REAPERSD 14 EB EB-Valley-Sierra-Ln2 EB_Valley_Sierra_Ln2 REAPERSD 14 NB NB-Sierra-Valley-Ln1 NB_Sierra_Valley_Ln1 1 REAPERSD 14 NB NB-Sierra-Valley-Ln2 NB_Sierra_Valley_Ln2 REAPERSD 14 NB NB-Sierra-Valley-Ln3 NB_Sierra_Valley_Ln3 REAPERSD 14 SB SB-Sierra-Valley-Ln1 SB_Sierra_Valley_Ln1 1 REAPERSD Use or disclosure of the content in this document
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Site DOT System Name Camera Name Comms
Box Type
14 SB SB-Sierra-Valley-Ln2 SB_Sierra_Valley_Ln2 REAPERSD 14 SB SB-Sierra-Valley-Ln3 SB_Sierra_Valley_Ln3 REAPERSD 14 WB WB-Valley-Sierra-Ln1 WB_Valley_Sierra_Ln1 1 REAPERSD 14 WB WB-Valley-Sierra-Ln2 WB_Valley_Sierra_Ln2 REAPERSD 3 SB SB-Citrus-Baseline-Ln1 SB_Citrus_Baseline_Ln1 1 REAPERSD 3 WB WB-Baseline-Citrus-Ln1 WB_Baseline_Citrus_Ln1 1 REAPERSD 3 EB EB-Baseline-Citrus-Ln1 EB_Baseline_Citrus_Ln1 1 REAPERSD 3 EB EB-Baseline-Citrus-Ln2 EB_Baseline_Citrus_Ln2 REAPERSD 3 EB EB-Baseline-Citrus-Ln3 EB_Baseline_Citrus_Ln3 REAPERSD 3 NB NB-Citrus-Baseline-Ln1 NB_Citrus_Baseline_Ln1 1 REAPERSD 3 NB NB-Citrus-Baseline-Ln2 NB_Citrus_Baseline_Ln2 REAPERSD 3 SB SB-Citrus-Baseline-Ln2 SB_Citrus_Baseline_Ln2 1 REAPERSD Use or disclosure of the content in this document
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Site DOT System Name Camera Name Comms
Box Type
3 WB WB-Baseline-Citrus-Ln2 WB_Baseline_Citrus_Ln2 1 REAPERSD 3 WB WB-Baseline-Citrus-Ln3 WB_Baseline_Citrus_Ln3 REAPERSD 5 EB EB-Foothill-Alder-Ln1 EB_Foothill_Alder_Ln1 1 REAPERSD 5 EB EB-Foothill-Alder-Ln2 EB_Foothill_Alder_Ln2 REAPERSD 5 EB EB-Foothill-Alder-Ln3 EB_Foothill_Alder_Ln3 REAPERSD 5 NB NB-Alder-Foothill-Ln1 NB_Alder_Foothill_Ln1 1 REAPERSD 5 NB NB-Alder-Foothill-Ln2 NB_Alder_Foothill_Ln2 REAPERSD 5 SB SB-Alder-Foothill-Ln1 SB_Alder_Foothill_Ln1 1 REAPERSD 5 SB SB-Alder-Foothill-Ln2 SB_Alder_Foothill_Ln2 REAPERSD 5 WB WB-Foothill-Alder-Ln1 WB_Foothill_Alder_Ln1 1 REAPERSD 5 WB WB-Foothill-Alder-Ln2 WB_Foothill_Alder_Ln2 REAPERSD 6 EB EB-Foothill-Cherry-Ln1 EB_Foothill_Cherry_Ln1 1 REAPERSD Use or disclosure of the content in this document
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Site DOT System Name Camera Name Comms
Box Type
6 EB EB-Foothill-Cherry-Ln2 EB_Foothill_Cherry_Ln2 REAPERSD 6 EB EB-Foothill-Cherry-Ln3 EB_Foothill_Cherry_Ln3 REAPERSD 6 NB NB-Cherry-Foothill-Ln1 NB_Cherry_Foothill_Ln1 1 REAPERSD 6 NB NB-Cherry-Foothill-Ln2 NB_Cherry_Foothill_Ln2 REAPERSD 6 NB NB-Cherry-Foothill-Ln3 NB_Cherry_Foothill_Ln3 REAPERSD 6 SB SB-Cherry-Foothill-Ln1 SB_Cherry_Foothill_Ln1 1 REAPERSD 6 SB SB-Cherry-Foothill-Ln2 SB_Cherry_Foothill_Ln2 REAPERSD 6 SB SB-Cherry-Foothill-Ln3 SB_Cherry_Foothill_Ln3 REAPERSD 6 WB WB-Foothill-Cherry-Ln1 WB_Foothill_Cherry_Ln1 1 REAPERSD 6 WB WB-Foothill-Cherry-Ln2 WB_Foothill_Cherry_Ln2 REAPERSD 6 WB WB-Foothill-Cherry-Ln3 WB_Foothill_Cherry_Ln3 REAPERSD 7 EB EB-Jurupa-Cherry-Ln1 EB_Jurupa_Cherry_Ln1 1 REAPERSD Use or disclosure of the content in this document
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Site DOT System Name Camera Name Comms
Box Type
7 EB EB-Jurupa-Cherry-Ln2 EB_Jurupa_Cherry_Ln2 REAPERSD 7 EB EB-Jurupa-Cherry-Ln3 EB_Jurupa_Cherry_Ln3 REAPERSD 7 NB NB-Cherry-Jurupa-Ln1 NB_Cherry_Jurupa_Ln1 1 REAPERSD 7 NB NB-Cherry-Jurupa-Ln2 NB_Cherry_Jurupa_Ln2 REAPERSD 7 NB NB-Cherry-Jurupa-Ln3 NB_Cherry_Jurupa_Ln3 REAPERSD 7 SB SB-Cherry-Jurupa-Ln1 SB_Cherry_Jurupa_Ln1 1 REAPERSD 7 SB SB-Cherry-Jurupa-Ln2 SB_Cherry_Jurupa_Ln2 REAPERSD 7 WB WB-Jurupa-Cherry-Ln1 WB_Jurupa_Cherry_Ln1 1 REAPERSD 7 WB WB-Jurupa-Cherry-Ln2 WB_Jurupa_Cherry_Ln2 REAPERSD 7 WB WB-Jurupa-Cherry-Ln3 WB_Jurupa_Cherry_Ln3 REAPERSD 17 WB 60100-603613 WB Miller and Locust NEW L6Q
18 EB
EB-Arrow Blvd-Tamarind
Ave
EB-Arrow Blvd-Tamarind
Ave L6Q
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Site DOT System Name Camera Name Comms
Box Type
18 WB
WB-Arrow Blvd-Tamarind
Ave .1
WB-Arrow Blvd-Tamarind
Ave .1 L6Q
19 EB
EB Duncan Canyon - Lytle
Creek Road - 2
EB Duncan Canyon - Lytle
Creek Road - 2 L6Q
20 EB EB Miller Ave - Beech Ave EB Miller Ave - Beech Ave L6Q 21 EB EB-MillerAve-MylesCt 1.9 EB-MillerAve-MylesCt 1.9 L6Q 22 NB
NB-MullberryAv-Philadelphi
aAv
NB-MullberryAv-Philadelphi
aAv L6Q
23 SB SB-MullberryAv-CherryAv SB-MullberryAv-CherryAv L6Q 24 WB
WB - Duncan Canyon @
Lytle Creek - 2
WB - Duncan Canyon @
Lytle Creek - 2 L6Q
25 WB WB Miller Ave - Beech Ave WB Miller Ave - Beech Ave L6Q 10 EB EB-SierraLakes-SierraAve
EB_SierraLakes_SierraAve
_Ln1 1 L5F
10 EB EB-SierraLakes-SierraAve
EB_SierraLakes_SierraAve
_Ln2 L5F
10 NB NB-SierraAve-SierraLakes
NB_SierraAve_SierraLakes
_Ln2 1 L5F
10 NB NB-SierraAve-SierraLakes
NB_SierraAve_SierraLakes
_Ln1 L5F
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Site DOT System Name Camera Name Comms
Box Type
10 SB SB-SierraAve-SierraLakes
SB_SierraAve_SierraLakes
_Ln1 1 L5F
10 SB SB-SierraAve-SierraLakes
SB_SierraAve_SierraLakes
_Ln2 L5F
10 SB SB-SierraAve-SierraLakes
SB_SierraAve_SierraLakes
_Ln3 1 L5F
10 SB SB-SierraAve-SierraLakes
SB_SierraAve_SierraLakes
_Ln4 L5F
10 WB WB-SierraLakes-SierraAve
WB_SierraLakes_SierraAv
e_Ln1 1 L5F
10 WB WB-SierraLakes-SierraAve
WB_SierraLakes_SierraAv
e_Ln2 L5F
11 EB EB-Slover-Cypress EB_Slover_Cypress_Ln1-2 1 L5F
11 NB NB-Cypress-Slover NB_Cypress_Slover_Ln1-2 1 L5F
11 SB SB-Cypress-Slover SB_Cypress_Slover 1 L5F
11 SB WB-Slover-Cypress WB_Slover_Cypress_Ln1-2 L5F
12 EB EB-Valley-Cherry EB_Valley_Cherry_Ln1 1 L5F
12 EB EB-Valley-Cherry EB_Valley_Cherry_Ln2 L5F
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Site DOT System Name Camera Name Comms
Box Type
12 NB NB-Cherry-Valley NB_Cherry_Valley_Ln1 1 L5F
12 NB NB-Cherry-Valley NB_Cherry_Valley_Ln2 L5F
12 SB SB-Cherry-Valley SB_Cherry_Valley_Ln1 1 L5F
12 SB SB-Cherry-Valley SB_Cherry_Valley_Ln2 L5F
12 SB SB-Cherry-Valley SB_Cherry_Valley_Ln3 L5F
12 SB SB-Cherry-Valley SB_Cherry_Valley_Ln4 L5F
12 WB WB-Valley-Cherry WB_Valley_Cherry_Ln1 1 L5F
12 WB WB-Valley-Cherry WB_Valley_Cherry_Ln2 L5F
12 WB WB-Valley-Cherry WB_Valley_Cherry_Ln3 L5F
15 NB NB-Sierra-TerraVista
NB_Sierra_TerraVista_Ln1-
2 1 L5F
15 SB SB-Sierra-TerraVista SB_Sierra_TerraVista 1 L5F
16 WB WB-Wilson-Cherry WB_Wilson_Cherry_Ln1-2 1 L5F
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Site DOT System Name Camera Name Comms
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1 EB EB Summit-Beech EB_Summit_Beech_Ln1 1 L5F
1 EB EB Summit-Beech EB_Summit_Beech_Ln2 L5F
1 NB NB Beech-Summit NB_Beech_Summit_Ln2 1 L5F
1 NB NB Beech-Summit NB_Beech_Summit_Ln3 L5F
1 SB SB Beech-Summit SB_Beech_Summit_Ln1 1 L5F
1 SB SB Beech-Summit SB_Beech_Summit_Ln2 L5F
1 WB WB Summit-Beech WB_Summit_Beech_Ln1 1 L5F
1 WB WB Summit-Beech WB_Summit_Beech_Ln2 L5F
1 WB WB Summit-Beech WB_Summit_Beech_Ln3 L5F
2 EB EB-Arrow-Citrus EB_Arrow_Citrus_Ln1-2 1 L5F
2 NB NB-Citrus-Arrow NB_Citrus_Arrow_Ln1-2 1 L5F
2 SB SB-Citrus-Arrow SB_Citrus_Arrow_Ln1-2 L5F
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Site DOT System Name Camera Name Comms
Box Type
2 WB WB-Arrow-Citrus WB_Arrow_Citrus_Ln1-2 1 L5F
4 EB EB-Beech-Cherry EB_Beech_Cherry_Ln1-2 1 L5F
4 NB NB-Cherry-Beech NB_Cherry_Beech_Ln1-2 1 L5F
4 SB SB-Cherry-Beech SB_Cherry_Beech_Ln1-2 1 L5F
8 EB EB-Jurupa-Sierra Camera 1 L5F
8 NB NB-Sierra-Jurupa NB_Sierra_Jurupa_Ln1-2 1 L5F
8 NB NB-Sierra-Jurupa NB_Sierra_Jurupa_Ln3 L5F
8 SB SB-Sierra-Jurupa SB_Sierra_Jurupa_Ln1-2 1 L5F
8 SB SB-Sierra-Jurupa SB_Sierra_Jurupa_Ln3 L5F
8 WB WB-Jurupa-Sierra WB_Jurupa_Sierra_Ln1-2 1 L5F
8 WB WB-Jurupa-Sierra WB_Jurupa_Sierra_Ln3 L5F
9 EB EB-Merrill-Sierra EB-Merrill-Sierra 1 L5F
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Site DOT System Name Camera Name Comms
Box Type
9 NB NB-Sierra-Merrill NB_Sierra_Merrill_Ln1-2 1 L5F
9 WB SB-Sierra-Merrill SB_Sierra_Merrill_Ln1-2 1 L5F
9 WB WB-Merrill-Sierra WB_Merrill_Sierra_Ln1-2 L5F
Section 6
Service Pricing

6.1. Pricing without Preventative Maintenance
Five Year Contract | T otal $455,100 | Annual Avg Per Year $91,020 PRICE
ITEM # SERVICE Year 1 Year 2 Year 3 Year 4 Year 5 All Years LSV07S04314A Remote Camera Monitoring $ 9,125 $ 9,125 $ 9,125 $ 9,125 $ 9,125 $ 45,625 LSV07S05459A
(existing) Onsite Response $ 75,600 $ 78,624 $ 81,769 $ 85,040 $ 88,442 $ 409,475 LSV07S05460A
(existing) Preventive Maintenance n/a n/a n/a n/a n/a $ - System Administrator n/a n/a n/a n/a n/a $ -
TOTAL SERVICE FEES $ 84,725 $ 87,749 $ 90,894 $ 94,165 $ 97,567 $ 455,100 Use or disclosure of the content in this document
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6.2. Optional Pricing with Preventative Maintenance
Five Year Contract | Total $572,095 | Annual Avg Per Year $114,419 ITEM # SERVICE Year 1 Year 2 Year 3 Year 4 Year 5 All Years LSV07S04314A Remote Camera Monitoring $ 9,125 $ 9,125 $ 9,125 $ 9,125 $ 9,125 $ 45,625 LSV07S05459A
(existing) Onsite Response $ 50,400 $ 52,416 $ 54,513 $ 56,694 $ 58,962 $ 272,985 LSV07S05460A
(existing) Preventive Maintenance $ 46,800 $ 48,672 $ 50,619 $ 52,644 $ 54,750 $ 253,485 System Administrator n/a n/a n/a n/a n/a $ -
TOTAL SERVICE FEES $ 106,325 $ 110,213 $ 114,257 $ 118,463 $ 122,837 $ 572,095

6.3. Notes
● Price Proposal is valid for sixty (60) days as of the date of this proposal ● Service rates are not based on union or prevailing wage. ● Taxes not included
● Service fees are billed annually in advance
● Should Customer wish to pursue a contract based on this proposal, Motorola will prepare the necessary contractual documentation for execution
● This quote is subject to the terms and conditions of the MCA located at the following web address: https://www.motorolasolutions.com/en_us/about/legal/us_terms.html. Fontana Police Department may accept this Quote by providing Motorola with a signed purchase order that specifically references "PO is subject to Motorola's Quote-3448566 and the terms and conditions of the MCA linked in Quote-3448566."
Use or disclosure of the content in this document
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CITY OF FONTANA

NON-COMPETITIVE SOURCE SELECTION JUSTIFICATION
Contract/Req. No.: Amendment No.: Requestor: Date:

Pre-Tax Amount: $ Tax: $ Freight: $ Total Amount: $
Vendor Name:

FUNDING SOURCE AND AUTHORIZATION (check as applicable)
City Resources Gov’t Grant Other
Certifications: Debarment4 Anti-Lobby5
Certificate(s)
Attached
Not
Applicable
Fund: Org Account:

Equipment Screening6: Yes Not Applicable Title Vests: - Purchase Description:

1. Source Selection - Competition is impracticable (Check appropriate box):

UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).

SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.

EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $100,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to
equipment purchases under a Federal Grant equal to or more than $10,000 185

2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):

The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:

Previous purchase.

Supplier: Unit Price:

PO No.: PO Date:

Similar item in related industry.

Price Source: Unit Price:

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 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 ---------------------Attach additional sheets as needed---------------------- 186
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0777 Agenda Date: 2/24/2026
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20568
RECOMMENDATION:

1. Approve the Final Map for Tract No. 20568, located on the east side of Live Oak Avenue and south of Village Drive.

2. Accept dedication of public streets and easements.

3. Accept dedication of Lot A, in fee, for open space, drainage and landscape purposes.

4. Authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

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:

Tract No. 20568 is located on the east side of Live Oak Avenue and south of Village Drive. The project consists of the development of 255 condominium units (147 Detached Cluster units and 108 Detached Stub drive units), with various amenities within a 32.24-acre site.

The Tentative Tract Map No. 20568 (TTM22-000007) was approved by the Planning Commission on June 20, 2023. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, KB Home Cal Management Services, LLC, has complied with all the Conditions of Approval and has dedicated the required right-of-way and easements as part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially in conformance to the approved tentative tract map.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. This map is now being brought to the City Council for final approval.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore, there is no fiscal impact to City resources at this time.

MOTION:

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Agenda #: H. Category: Consent Calendar
Approve staff recommendation.

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CITY OF FONTANA, CALIFORNIA

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TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

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VICINITY MAP

INDEX MAP
SHEET 3
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TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 219
TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 220
TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 221
TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 222

FIRE ACCESS EASEMENT
TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 224
TRACT MAP NO. 20568THAT PORTION OF LIVE OAK AND OLD LIVE OAK AVENUE, TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO.20565, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE INBOOK 262, PAGES 100 THROUGH 103 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 225
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0778 Agenda Date: 2/24/2026
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Summary Vacation of Excess Right-of-Way Along Old Live Oak Avenue RECOMMENDATION:

Adopt Resolution No. 2026-008, to summarily vacate excess right-of-way along Old Live Oak Avenue pursuant to an adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and direct staff to file a Notice of Determination.

DISCUSSION:

On July 25, 2023, the City Council adopted Resolution No. 2023-085, which approved several entitlements for the Height at Southridge Project. As a part of this project, developer KB Homes was required to construct new improvements along Old Live Oak Avenue and Live Oak Avenue. These new improvements have effectively rendered a portion of the right-of-way along Old Live Oak Avenue unnecessary for present or future use.

As part of Resolution 2023-085, the City Council adopted an Addendum to the EIR for the Southridge Village Specific Plan Final Environmental Impact Report (FEIR) (SCH No. 81052210) and Mitigation, Monitoring, and Reporting Program (MMRP) pursuant State CEQA Guidelines Sections 15162 and 15164, along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

On April 22, 2025, the City of Fontana declared a right-of-way for street and public utility purposes along Old Live Oak Avenue.

Pursuant to the adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) and based on the CEQA Sections 15162 through 15164, staff has determined that, as to the proposed summary vacation, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.

The summary vacation of the excess right-of-way along Old Live Oak Avenue is being processed in accordance with Division 9, Part 3, Chapter 4 of the Streets and Highways Code. Based on staff’s City of Fontana Printed on 2/18/2026Page 1 of 2
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File #: 26-0778 Agenda Date: 2/24/2026
Agenda #: I. Category: Consent Calendar
comprehensive review, the following points support the summary vacation of this excess right-of-way:
· The excess right-of-way is no longer necessary for any present or future public use, including street, highway, pedestrian, bikeway or other non-motorized transportation access. · The excess right-of-way has not been used for its originally intended public purpose. · The excess right-of-way does not contain any active public utility facilities that would be affected by the vacation.
· All properties adjacent to the excess of-right-of-way will maintain adequate access following the vacation.
· The summary vacation aligns with the City’s adopted General Plan. · The summary vacation will not negatively impact the public street system for which the original right-of-way was established.

Upon recordation of the Resolution with the San Bernardino County Assessor-Recorder-Clerk Office, the vacation will be complete, and the described area will no longer constitute public right-of-way.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-008

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, TO SUMMARILY VACATE AN EXCESS RIGHT-OF-WAY

ALONG OLD LIVE OAK AVENUE PURSUANT TO AN ADOPTED

ADDENDUM TO THE SOUTHRIDGE VILLAGE SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT NO. 81 -3 (STATE
CLEARINGHOUSE [SCH] NO. 81052210) AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION.

WHEREAS, the California Streets and Highways Code provides that an excess right-of-way of a street may be summarily vacated if certain conditions are met; and WHEREAS, the City of Fontana (“City”) holds a right -of-way for street and public utility purposes over, along, under and upon that portion of Old Live Oak Avenue; and WHEREAS, on July 25, 2023, the City Council adopted Resolution No. 2023-085, approving general plan and specific plan amendments, a tentative parcel map, tentative tract maps, a design review, and an administrative site plan for the Southridge Project (“Project”); and
WHEREAS, as part of Resolution 2023-085, the City Council adopts an Addendum to the EIR for the Southridge Village Specific Plan Final Environmental Impact Report (FEIR) (SCH No. 81052210) and Mitigation, Monitoring, and Reporting Program (MMRP) pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA; and WHEREAS, as part of the Project, the Developer, KB Homes, was required to construct a right-of-way for street and utility purposes along Old Live Oak Avenue and Live Oak Avenue; and
WHEREAS, as a result of the Project, a portion of the original public righ t-of-way along Old Live Oak Avenue, as more particularly described in Exhibit A and depicted on Exhibit B, both of which are attached hereto and incorporated herein (the “Excess Right- of-Way"), is no longer required for present or prospective public street or utility purposes; and
WHEREAS, the Excess Right-of-Way has not been used for the purpose for which it was acquired; and
WHEREAS, the vacation of the Excess Right-of-Way will not operate to cut off all access to any property adjoining said street; and
WHEREAS, it has been determined that there a re no public service easements existing or required within the area for vacation; and
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WHEREAS, consistent with the existing fee ownership, the underlying fee shall revert to the City; and
WHEREAS, this summary vacation is made pursuant to the California Streets and Highways Code, Division 9, Part 3 (sections 8300 et. seq.), Chapter 4 - Summary Vacation; and
WHEREAS, pursuant to the adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) and based on the CEQA Sections 15162 through 15164, staff has determined that, as to the proposed summary vacation, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein.

Section 2 . Compliance with California Environmental Quality Act. Having considered the Addendum, the administrative record, the Southridge Village Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the summary vacation have been addressed within the Southridge Village Specific Plan FEIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the admini strative record supporting a fair argument that the summary vacation may result in any significant environmental impacts beyond those analyzed in the Southridge Village Specific Plan FEIR. Therefore, no further environmental review is required and staff i s directed to file a Notice of Determination

Section 3. Findings. The City Council further finds that:

(a) The subject excess right-of-way to be vacated is not required for present or prospective public use, either for street or highway purposes or for any other public circulation use such as pedestrian, bikeway, or other non -motorized transportation access.

(b) The subject excess right -of-way has not been used for the purpose for which it was acquired.

(c) The excess right-of-way to be vacated does not contain active public utility facilities.
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(d) Those properties adjoining the excess right -of-way to be vacated will continue to have access.

(e) This summary vacation is consistent with the City’s General Plan.

(f) The public street system for which the excess right -of-way was originally acquired will not be detrimentally affected by this vacation.

Section 4. Order of Vacation. The City Council, under the authority vested in it by the California Streets and Highways Code, hereby orders the vac ation of the Excess Right-of-Way described herein as the p ortion of Old Live Oak Avenue and Live Oak Avenue, which location is more particularly described in Exhibit A and depicted on Exhibit B, both of which is attached hereto and incorporated herein by this reference.

Section 5. Certification, Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the San Bernardino County Recorder. Pursuant to California Streets and Highways Code section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution.

Section 6. Completion of Vacation. Upon the date this Resolution is recorded, the vacation shall be complete and the excess right-of-way described herein will no longer constitute a right-of-way.

Section 7. Effective Date. This Resolution shall become effective immediately.

Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resoluti on that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

APPROVED AND ADOPTED this 24th day of February, 2026.

READ AND APPROVED AS TO LEGAL FORM:

______________________________
City Attorney

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I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council of the City of Fontana, do hereby certify that the foregoing Resolution is the actual Resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 24th day of February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk

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EXHIBIT "A"

LEGAL DESCRIPTION

STREET VACATION

THOSE PORTIONS OF LIVE OAK AVENUE AND OLD LIVE OAK AVENUE, IN THE CITY OF

FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFOR NIA, AS SAID STREETS ARE SHOWN ON TRACT NO. 12064-2 AS PER MAP FILED IN BOOK 176, PAGES 78 THROUGH 97, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 OF SAID TRACT NO. 12064-2, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RA DIUS OF 135.51 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70°42’52” EAST; THENCE NORTHERLY ALONG SAID CURVE, BEING ALSO THE EASTERLY LINE OF S AID LOT 28, THROUGH A CENTRAL ANGLE OF 34°05’37”, AN ARC DISTANCE OF 80.63 FEET TO THE TRUE POINT OF BEGINNING ; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENT RAL ANGLE OF 23°04’14”, AN ARC DISTANCE OF 54.56 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FE ET; THENCE WESTERLY ALONG SAID CURVE, BEING ALSO THE NORTHERLY LINE OF SAID LOT 28, THROUGH A CENTRAL ANGLE OF 70°14’14”, AN ARC DISTANCE OF 24.52 FEET; THENCE LEAVING SAID NORTHERLY LINE OF LOT 28, NORTH 03°19’14” EAST, 1.0 6 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 836.00 FEE T, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 34°57’58” EAST, SAID CURVE BEING 36.00 FEET

SOUTHEASTERLY, MEASURED CONCENTRICALLY FROM THE CEN TERLINE OF LIVE OAK AVENUE AS SHOWN ON SAID TRACT NO. 12064-2; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°02’22”, AN ARC DISTANCE OF 365.35 FEET; THENCE SOUTH 60°00’20” EAST, RADIAL TO PREVIOUSLY D ESCRIBED CURVE, 2.52 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID TRAC T NO. 12064-2, BEING ALSO THE WESTERLY LINE PARCEL 1 OF PARCEL MAP NO. 20565, AS PER MAP RECORDED IN BOOK 262, PAGES 100 THROUGH 103, INCLUSIVE OF PARCE L MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 19°17’30” WEST, ALONG SAID WES TERLY LINE, 344.95 FEET; THENCE SOUTH 77°41’11” WEST, 16.71 FEET TO THE BEGI NNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 116.00 FEET; T HENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°43’41”, AN ARC DISTANCE OF 72.33 FEET TO THE TRUE POINT OF BEGINNING .

CONTAINS 22,954 SQUARE FEET OR 0.527 ACRES, MORE OR LESS

SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

Prepared under my supervision:

____________________________________
Armando D. DuPont, L.S. 7780

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SUMMARY VACATION
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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0789 Agenda Date: 2/24/2026
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approval of Easement and Maintenance Agreement with KB HOME Cal Management Services LLC RECOMMENDATION:

Adopt Resolution No. 2026-009, approving an easement and maintenance agreement between the City of Fontana and KB HOME Cal Management Services LLC.

DISCUSSION:

In connection with the entitlements for the development of the Residential Property identified in Exhibit A-2 of the Easement and Maintenance Agreement between the City of Fontana and KB HOME Cal Management Services LLC, the City has required KB HOME Cal Management Services LLC (“Owner”) to assume specific construction and maintenance responsibilities within City-Owned property.

The proposed agreement (“Agreement”) establishes a temporary construction easement for an access road and public trail, and a perpetual maintenance easement for landscaped and native vegetation areas. This Agreement ensures that the construction and ongoing maintenance of these areas are the responsibility of the Owner and subsequently, a homeowner’s association.

CEQA:

Pursuant to Sections 15162 and 15164 of the CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines, an Addendum to the Southridge Village Specific Plan EIR No. 81-3 (SCH No. 81052210) has been prepared for the project. The aforementioned EIR was adopted by the City Council in December 1981 and it anticipated the development of residential units from the project. The FEIR and Addendum support the proposed easement and maintenance agreement and allows for the development of the associated residential units.

FISCAL IMPACT:

There is no fiscal impact to the City’s resources at this time. Maintenance responsibility belongs to KB HOME Cal Management Services LLC and subsequently transferred to a Homeowner’s Association upon its formation.

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MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-009

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, APPROVING AN EASEME NT AND MAINTENANCE
AGREEMENT WITH KB HOME CAL MANAGEMENT SERVICES LLC.

WHEREAS, the City of Fontana (“City”) is the owner of certain real property more particularly described in Exhibit “A -1” of the Easement and Maintenance Agreement (“Agreement”) (hereinafter “City Property”); and
WHEREAS, KB Home Cal Management Services LLC (“Owner”) is the owner of certain real property more particularly described in Exhibit “A -2” of the Agreement (“Residential Property”); and
WHEREAS, the Residential Property is located adjacent to the City Property and is currently being developed for residential use; and
WHEREAS, as a condition of the development entitlements for the Residential Property, the City requires the Owner to assume certain construction and perpetual maintenance responsibilities for landscaping, fuel modifications, and related infrastructure within portions of the City Property; and WHEREAS, the City and Owner have negotiated an easement and maintenance agreement to establish temporary construction easements and permanent maintenance easement over the City Property to ensure the safe and orderly development and upkeep of the area; and
WHEREAS, the Agreement provides that these maintenance obligations will eventually be transferred to a h omeowners association, ensuring the City is protected from the long-term costs of maintaining these specific improvements; and WHEREAS, pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (“CEQA”) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines , an Addendum to the Southridge Village Specific Plan Environmental Impact Report (“EIR”) No. 81 -3 (State Clearinghouse (“SCH”) No. 81052210) was prepared. The aforementioned EIR was adopt ed by the City Council in December 1981, and it anticipated the development of residential un its and the construction and maintenance responsibilities for landscaping, fuel modifications and related infrastructure within portions of the City for the project. No new additional impacts beyond what was anticipated in the EIR were identified in the Addendum. Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been m et and that further environmental analysis is not required. A Notice of Determination has been prepared; and WHEREAS, the City finds that entering into this Agreement is in the best interest of the public health, safety, and welfare of the City of Fontana. 237
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein.

Section 2. CEQA. Consistent with the CEQA (Pub. Resources Code § 2100 et seq.) and the State CEQA Guidelines (Cal Code Regs., tit. 14, § 15000 et seq.), the Heights at Southridge Addendum to the EIR (SCH No. 81052210) was prepared for development. The City Council finds that the Adden dum contains a complete and accurate reporting of all of the environmental impacts associated with the project. The City Council further finds that the Addendum was completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Font ana’s 2019 Local Guidelines for implementing CEQA.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Southridge Village Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the project have been addressed within the Southridge Village Specific Plan FEIR and the Addendum. The City C ouncil finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the project may result in any significant environmental impacts beyond those analyzed in the Southridge Village Specific Plan FE IR and Addendum. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the project and reflects the independent judgement and analysis of the City Council.

Section 4. Adoption of the Addendum to the Southridge Village Specific Plan FEIR. The City Council hereby adopts the Addendum to the EIR for the Southridge Village Specific Plan FEIR (SCH No. 81052210) and MMRP that have been prepared pursuant to State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for implementing CEQA. City Council directs staff to file a Notice of Determination.

Section 5. Approvals. The City Council hereby approves the Agreement between the City and the Owner . The City Manager, or their designee, is hereby authorized and directed to execute the Ag reement on behalf of the City, subject to such minor, non-substantive changes as may be approved by the City Manager and the City Attorney.

Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 7. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not 238
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affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 8. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 16860 Valencia Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 24th day of February, 2026.

READ AND APPROVED AS TO LEGAL FORM:

______________________________
City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk

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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0797 Agenda Date: 2/24/2026
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Jessie Turner Center Indoor Basketball Court Replacement Project (PW-26- 105-SB)
RECOMMENDATION:

Award and Authorize the City Manager to enter into a contract with McWil Sports Surfaces Inc. of Gardena, CA. in the amount of $355,395.00 for the Jessie Turner Center Indoor Basketball Court Replacement and authorize a contingency (10%) in the amount of $35,539.50.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Jessie Turner Center Indoor Basketball Court Replacement Project is necessary to address ongoing water intrusion that has compromised the integrity and safety of the existing basketball court flooring. The moisture has created an unsafe playing surface, posing potential hazards to users, and limiting the usability of the court. The proposed project involves removing and replacing the existing flooring. Completing this project will restore a safe and functional playing surface, extend the facility's useful life, and support ongoing recreational programming at the Jessie Turner Center.

Public Works staff will implement additional corrective measures to prevent future water damage.

These measures include sealing the concrete floor prior to the installation of the replacement basketball court floors. In addition, staff will perform the exterior waterproofing during the summer when the soil is dried on the exterior west wall to further guard against water intrusion.

The bidding process for The Jessie Turner Center Basketball Replacement Project (PW-26-105-SB) was conducted by city staff in January 2026. Purchasing notified seventy-eight (78) vendors. Bid packets were downloaded/received by thirty-three (33) vendors, and four (4) bid responses were received. Seven (7) Fontana vendors were notified. No Fontana vendor responses were received.

After evaluating the vendor responses, the Purchasing Division is recommending McWil Sport Surfaces Inc., located in Gardena, CA, as they are the lowest, most responsive, and responsible bidder.

FISCAL IMPACT:

The Fiscal impact associated with the approval of this item is $390,934.50, including contingencies.

Funding for this project is not currently budgeted. Approval of the recommended action is included in City of Fontana Printed on 2/19/2026Page 1 of 2
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the midyear budget amendment in the amount of $390,934.50 for Fiscal Year 2025/26, funded through Fund 103, Account 10337317-8314. This action will have no ongoing fiscal impact beyond the current fiscal year.

MOTION:

Approve staff recommendation
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Bid Results
Jessie Turner Center Indoor Basketball Court Replacement PW-26-105-SB

McWil $355,395.00
Gardena, CA

Custom Craft Flooring $388,480.00
La Verne, CA

Geary Floors Inc $437,000.00
El Cajon, CA

Coastal Construction Team $655,000.00
Encino, CA

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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0799 Agenda Date: 2/24/2026
Agenda #: L. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Award Bid PD-26-49-SP to Winbourne Consulting, Inc. to Provide Consulting Services for Fontana Police CAD/RMS System Selection.

RECOMMENDATION:

1. Award bid (PD-26-49-SP) and authorize the City Manager, or designee, to execute all related documents and take any actions necessary to carry out the Fontana Police CAD/RMS System Selection.

2. Authorize the Purchasing Department to approve a Purchase Order with Winbourne Consulting, Inc. in the amount of $ 234,550.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The Police Department is seeking to enhance public safety technology by procuring a new Computer Aided Dispatch (CAD) system, Records Management System (RMS), and Mobile Data Software. The current system was originally implemented in November 2019 and has a significant impact on the Department’sdaily operations. To meet evolving State and Federal reporting requirements and to leverage advanced technology, the Department determined that the use of a specialized consultant was necessary.

On October 28, 2026, City Council approved funding for a CAD/RMS consultant. A project of this scale requires subject matter experts in law enforcement technology to ensure the effective implementation and integration of multiple software platforms. Staff from the Police Department and the Innovative Technology Department collaborated to develop a comprehensive scope of work.

Following completion of the scope, the Purchasing Department solicited proposals by issuing a Request for Proposals (RFP) through PlanetBids.

A total of ten (10) firms submitted proposals by the established deadline. All proposals were thoroughly reviewed and evaluated in accordance with the established scoring criteria. Based on the overall evaluation results, Winbourne Consulting, Inc. received the highest score. Accordingly, the Police Department recommends awarding the contract to Winbourne Consulting, Inc. The Police City of Fontana Printed on 2/19/2026Page 1 of 2
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Police Department recommends awarding the contract to Winbourne Consulting, Inc. The Police Department recognizes that engaging a consultant with demonstrated expertise and experience will help ensure the timely and successful implementation of upgraded public safety software systems, in the best interest of the city.

FISCAL IMPACT:

Federal Asset Seizure Funds (fund 223) in the amount of $200,000.00 are included in the 2025/2026 budget, Project # 40100006-223-A. An additional $35,000.00 is requested in the 2025/2026 mid-year quarterly report. Should service demands exceed budgeted amounts, additional funding may be requested through the appropriate budget adjustment process.

MOTION:

Approve Staff Recommendations
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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0781 Agenda Date: 2/24/2026
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the FY 2025-2026 Citywide Pavement Rehabilitation Project (DE- 26-95-SB)
RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with Calmex Engineering, Inc. for the construction of the FY 2025-2026 Citywide Pavement Rehabilitation Project in the amount of $3,979,068.10, and authorize a 10% contingency in the amount of $397,906.81 (DE-26-95-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the FY 2025-2026 Citywide Pavement Rehabilitation Project.

DISCUSSION:

The City of Fontana’s 7-Year Pavement Management Plan includes the streets associated with the FY 2025-2026 Citywide Pavement Rehabilitation Project. The proposed improvements located in Hunter’s Ridge South, Hunter’s Ridge Central, Grid 26, and Grid 48 include the rehabilitation of existing asphalt pavement and reconstruction of ADA compliant curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

On January 22, 2026, the bids for this project were opened. A total of nine (9) bids were received ranging from $3,979,068.10 to $5,740,143.15. The Engineer's estimate was $5,700,000.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined Calmex Engineering, Inc. to be the lowest responsive and responsible bidder in the City of Fontana Printed on 2/19/2026Page 1 of 2
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amount of $3,979,068.10.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $3,979,068.10 with a $397,906.81 contingency, for a total of $4,376,974.91 for the full term of the construction contract. The current available budget in 37600090-604 is $782,176.54. An additional $7,900,000.00 is being allocated to 37600090-601 from Capital Reinvestment Fund (Fund 601) in the Mid-Year Budget to cover the $3,594,798.37 balance of the FY 2025-2026 Citywide Pavement Rehabilitation Project, as well as additional improvements per the City’s 7-Year Pavement Management Plan.

MOTION:

Approve staff recommendation.

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Bid Results
FY 2025-2026 Citywide Pavement Rehabilitation Project
DE-26-95-SB

1. Calmex Engineering, Inc. $3,979,068.10
Bloomington, CA

2. LCR Earthwork & Engineering Corp. $3,993,094.31
Jurupa Valley, CA

3. Matich Corporation $3,999,648.11
Anaheim, CA

4. Vance Corporation $4,178,860.07
Beaumont, CA

5. Sequel Contractors, Inc. $4,470,258.00
Santa Fe Springs, CA

6. All American Asphalt $4,478,399.00
Corona, CA

7. Gentry Brothers, Inc. $4,941,010.70
Irwindale, CA

8. R.J. Noble Company $5,389,744.77
Orange, CA

9. Hardy & Harper, Inc. $5,740,143.15
Lake Forest, CA

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0819 Agenda Date: 2/24/2026
Agenda #: N. Category: Consent Calendar
FROM:

Building & Safety
SUBJECT:

Award a Professional Services Agreement for the development and implementation of an ADA Self- Evaluation and Transition Plan for City owned facilities.

RECOMMENDATION:

1. Award and authorize the City Manager to enter into a Professional Services Agreement with Sally Swanson Architects Inc. for the development and implementation of an ADA Self-Evaluation and Transition Plan for City owned facilities the amount of $197,300.00 (Request for Proposals BS-26-61-SP).

2. Approve and Authorize the City Manager to enter into any future amendments not to exceed 10% contingency in the amount of $19,730.00.
..End
COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (facilities, parks, etc.) by maintaining and improving the City’s existing infrastructure.

DISCUSSION:

Under Title II of the Americans with Disabilities Act (ADA), public entities are required to complete a self-evaluation of their policies, practices, and services and the effects thereof, to identify and establish a transition plan to correct barriers inconsistent with ADA standards. Public facilities and rights-of-way are required to be accessible to persons with disabilities pursuant to the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.§§ 12131-12164). These statutes prohibit public agencies from discriminating against persons with disabilities by excluding them from services, programs, or activities.

The new Self-Evaluation will identify any physical barriers limiting accessibility to and from City buildings and facilities including parks. The plan will provide recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and State of California Access codes.

On October 15, 2025, the City issued a Request for Proposals (RFP) for development and implementation of an ADA Self-Evaluation Plan. On November 16, 2025, proposals were received from two firms interested in providing services for the project. The proposals were evaluated by staff based on firm and staff qualifications, project approach/scope of work, and proposed schedule, in City of Fontana Printed on 2/18/2026Page 1 of 2
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accordance with City policies and procedures. The proposals ranged from $197,300.00 to $254,481.00.

Based on the evaluations, staff recommends approval of the Professional Services Agreement with Sally Swanson Architects Inc. due to their experience, available project staffing, schedule, and detailed approach to the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $217,030, including contingencies and is not included in the 2025-26 Current Budget. Funding for this project is requested in the FY25-26 Mid -Year Budget Report in 10132000-8115.

MOTION:

Approve staff recommendation.

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Firm Score Rank
Sally Swanson 19.83 1.00
Bureau Veritas 19.27 2.00
Bid Summary
ADA Self Evaluation & Transition Plan
BS-26-61-SP
January 2026
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1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
BS-26-61-SP

This Agreement is made and entered into as of February 24, 2026 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 Sally Swanson Architects, Inc., a corporation with its principal place of business at 4100 West Alameda Avenue, 3 rd Floor, Burbank, CA 91505 (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:

ADA Self-Evaluation & Transition Plan, BS-26-61-SP (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $197,300.00 (One Hundred Ninety-Seven Thousand Three Hundred dollars and no cents. 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 t hat 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 302

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be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within the period of two (2) years. 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
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. 303

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

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance mu st include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Col lapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(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.
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(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 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 e very 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 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 305

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specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and 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 writte n 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 306

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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 retroa ctive 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.
h. 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 f rom 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.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities 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 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.
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(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 o f 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 Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code secti on 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 obtain ing 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 compensation is $1,000 or more, Consultant agrees to fully comply with such Prevail ing 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 th e Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which 308

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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 register ed 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 Indust rial 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 Departme nt 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 respec ting 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.
[Delete the following title and insert “Reserved”, if not applicable.]

15. Reserved.

16. Laws and Venue.

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

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to termin ate 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 309

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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 s aid 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 paym ent 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 Sally Swanson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jeff Baughman
CONSULTANT:

Sally Swanson Architects, Inc.
4100 W Alameda Ave, 3rd Floor
Burbank, California 91505
Attn: Sally Swanson

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.
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23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with resp ect to those ma tters covered hereunder. Each P arty acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may n ot be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

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

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
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 Consul tant, any fee, 311

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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 withou t 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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CITY OF FONTANA

SIGNATURE PAGE
BS-26-61-SP

CITY OF FONTANA

By:

City Manager
SALLY SWANSON ARCHITECTS, INC.

By:

Sally Swanson
CEO

Attest:

By:

City Clerk’s Office

By:

Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Director of Building & Safety

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Chief Financial Officer

Purchasing Division
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EXHIBIT A
Scope of Services

314
D. APPROACH AND WORK PLAN
Project Approach and Work Plan
Project Approach
The City of Fontana proposed Scope of Work is quite clear and Sally Swanson Architects, Inc. (SSA) will meet or exceed all requirements of the contract. The project approach is flexible and will be tailored precisely to fit the City’s needs and resources. The work will be collaborative between the City of Fon- tana and the SSA staff over the “contract period of two years from the date of award, renewable for three additional one-year increments at the sole discretion of the City”.

Critical Elements
Following are the elements and benefits of the City of Fontana manageable and living ADA Transition Plan Update document. The Access Compliance Survey will provide the City with:
• A lis t of existing accessibility barriers describing each barrier and recommendation of a r emoval solution
• A pr eliminary cost estimate for removal of each barrier • A priority assigned t o each barrier
• A schedule f or barrier removal
• Designa tion of a person responsible for barrier removal • The ability t o “check-off” mitigated barriers
• The ability t o easily demonstrate steps taken toward removal of all barriers to access Proposed Scope of Services
The best projects are collaborations.

SSA staff conducting and reviewing the surveys are CASp certified. SSA will meet or exceed all require- ments of the contract as outlined in the proposed Scope of Services: Major challenges are generally not an issue in the conducting and coordinating of ADA Self-Evaluation and Transition Plan projects. Rather, it is up to the consultant to communicate effectively with all stakeholders and assure that the City of Fontana staff is kept apprised of project status at timely intervals. SSA’s time-tested approach, honed over 45 years, ensures that stakeholders are fully informed. Quality Assurance and Quality Control begins before the mission. It is the first management activity to ensure that a process, item, or service is of the quality expected by the user, as well as to create management controls that address planning, implementation and review of data collection activities. Subsequent QA/QC activities provide routines and consistency checks to ensure project integrity, correctness, and completeness.

Sally Swanson Architects, Inc. (SSA) will provide the following tasks and services as defined by the City of:

1. Oversee Development and Execution of Self-Evaluation and Transition Plan a. Administration & Management
b. De velop Procedures & Forms
c. A ttend Kick-Off, Interim Progress & Final Completion Online Meetings Administration and Management
Upon award of the contract, Sally Swanson Architects, Inc. (SSA) will begin planning, coordinating and scheduling a Project kick-off. Many project components discussed here regarding contacts, project schedule and communications will be agreed upon prior to an official project kick-off via email and 10 315
D. APPROACH AND WORK PLAN
phone conversations. SSA will manage its team including other administrative functions and overall Project activities consistent with the direction from in order to meet the Project schedule and budget during the course of services. SSA will coordinate with the City, other government agencies and other affected parties as required throughout the duration of the Project. The SSA Project Team will arrange to meet via virtual conference technology, at the City’s discretion, with the City staff and other appropri- ate stakeholders to review, refine, and finalize the scope of work, programmatic evaluations, and com- pletion schedules, as well as project communications, final deliverables and overall project strategies and goals.

Project Schedule
SSA will use Microsoft Project to develop schedules including critical tasks. SSA will prepare, monitor, and update progress schedule beginning at the kickoff meeting and ending at the City’s acceptance of the final report for the Project. Schedule will indicate significant milestones, targeted completion dates and the critical path for the Project. SSA will notify the City if there are delays in any phase or Task of the Project. In such cases, SSA will make up the schedule in subsequent Tasks of the Project or provide information to the City substantiating a time extension. The schedule will be maintained and kept up- dated at all times and will be updated each time progress and milestones are changed. In addition, the progress schedule will be updated no less frequently than after each task is complete.

Invoicing
SSA will submit monthly invoice payments with a progress report summarizing partially or completed scope of work for processing. Any administrative time spent on invoicing shall be consumed by SSA’s overhead and not billed separately.

Quality Assurance / Quality Control (QA/QC)
Concurrent with the compilation of the report, all drawings and data will be reviewed and dou- ble-checked for accuracy and viability. The ADAAG, ADAS and the Universal Building Code cited will be verified and the barrier location examined to ensure accuracy and the highest quality report. SSA will QA/QC all materials prior to submittal to the City of Fontana. QA/QC shall be budgeted for and invoiced under each respective Task.

2. Conduct Self-Evaluation for City Policies, Programs, Services and Practices a. Thor ough Review of City’s existing Policies, Plans, Reports, and Programs. c. Selecting K ey Personnel Including Orientation Meeting d. St aff Surveys Including Questionnaires
e. Dr aft Programmatic Self-Evaluation Survey Reports
f . Final Programmatic Self-Evaluation Survey Reports
Thorough Review of the Existing Documentation
SSA will thoroughly review City policies, plans, reports, programs and practices in order to identify issues which may be discriminatory to people with disabilities. The review will include City policy docu- ments that affect the public. This evaluation will evaluate current level of program accessibility, includ- ing eligibility requirements, participation requirements, facilities used, staffing, transportation, commu- nication, emergency procedures and grievance procedures for accessibility. 11 316
D. APPROACH AND WORK PLAN
Identify Programs & Services and Associated Policies & Procedures SSA will identify and obtain all necessary documents and materials to conduct the audit process and survey. SSA will review existing City documentation, departmental and facility rules and regulations, planning documents and any other written policy documentation provided by the City and identified as relevant by SSA. SSA will assist the City in identifying the documents and materials needed for review.

SSA will assist the City in developing the tools and procedures needed to conduct a Self-Evaluation and implement recommendations in accordance with the guidelines and requirements of the Americans with Disabilities Act (ADA).

Selecting Key Personnel Including Orientation Meeting
SSA will coordinate with designated key City staff to orient staff with the Self-Evaluation process, includ- ing type of information that will be requested in staff surveys and how the information will be used for the Self-Evaluation. SSA will assist the City in identifying what staff/departments shall be considered as key staff to coordinate with.

SSA meets with designated key City staff via virtual conference technology (at the City’s discretion) to orient staff on the Self-Evaluation process, including types of information that will be requested in staff surveys and how the information will be used for the Self-Evaluation. • SS A assists the City in identifying what staff/departments will be considered as key staff to a ttend the meeting.
• SS A administers a staff survey to evaluate the level of program accessibility within each City departmen t.
• Once the sur veys are complete, SSA reviews information provided, then identifies, requests and r eviews any additional information that may be helpful in the evaluation of City-wide and pr ogram-specific policies, practices and procedures.
• If needed, SS A may conduct brief phone or in-person interviews with survey respondents to discuss initial findings and f ollow-up with additional questions, if necessary. • Finally , SSA drafts a report and recommendations for the City to review. • F ollowing City review, discussion and integration of public comment, SSA prepares a final sur vey document.

SSA understands that some survey respondents may not have in-depth knowledge of the ADA and accessibility concepts, and that some cities may have heightened sensitivity to this process. SSA ensures that, throughout the entire survey process, SSA is available to answer any questions, and work closely with the City to ensure maximum comfort and security with the process and results. Example of Infor- mation Elicited and Reviewed For example, SSA’s program access specialist reviews existing policies, procedures and practices pertaining to the City’s programs – both on-site and online – to ensure effec- tive communication with members of the public, particularly individuals with disabilities. These recom- mendations and best practices will cover the appropriate types of auxiliary aids or services necessary to ensure effective communication with individuals with disabilities and will identify the most effective methods of:
• Making aur ally-delivered information available to individuals who are deaf or hard-of-hearing • Making visually -delivered materials available to individuals who are blind or have low vision 12 317
D. APPROACH AND WORK PLAN
Staff Surveys Including Questionnaires
SSA will administer a staff survey to evaluate the level of program accessibility within each City depart- ment. SSA will be responsible to determine the format and contents of the survey in order to conduct a complete and comprehensive Self-Evaluation, however, it is anticipated that the staff survey will con- sider such information as eligibility requirements, participation requirements, and facilities used, staff training, transportation, communications, notifications, public meetings, use of contracted services, purchasing, maintenance of accessible features, and emergency procedures.

Draft Programmatic Survey Reports
SSA will present draft Programmatic survey reports and record feedback from the City team. SSA will plan and facilitate review meetings via virtual conference technology with the City staff as required to assure their familiarity with the draft reports developed under the plan and address any questions or comments in a timely manner.

Final Programmatic Survey Reports
SSA will incorporate all Comments and Prepare Final Programmatic Survey Reports.

3. Conduct Comprehensive City Buildings, Parks and Parking Lots Surveys and Barrier Assessments
a. Inventory Review
b. F acility Diagrams
c. Ph ysical Surveys of City Buildings, Parks and Parking Lots (per the list provided by the City in the Addenda)
d. Dr aft Buildings, Parks and Parking Lots Access Compliance Assessment Reports e. Final Buildings, P arks and Parking Lots Access Compliance Assessment Reports City Buildings, Parks and Parking Lots
Prior to performing the physical survey of City buildings, parks and parking lots/structures, SSA will review the inventory, previous studies, and planned capital improvement projects that may modify existing city buildings. SSA will review the complete City inventory to confirm which city buildings, parks, parking lots/structures provide public access and are not required to be surveyed. SSA will review each city building in detail to determine what areas of the city buildings, parks, parking lots/structures are subject to public accommodation and are required to be surveyed, and which areas are not considered public accommodation and are not required to be surveyed. a. Inventory Review
SSA will work with City staff, including City’s legal counsel and/or Risk Management staff when appro- priate, to determine if city buildings are required to be covered under the Physical Survey Task and the Transition Plan. This determination will be made prior to performing physical surveys.

Upon completion of the inventory review, SSA will deliver a final city buildings, parks, parking lots/struc- tures inventory before beginning subsequent physical survey. b. Facility Diagrams
SSA’s site and facility reports will include schematic site and floor plans (provided to SSA by the City) on

8.5” x 11” sheets to facilitate locating barriers identified in the ADA Transition Plan. These key drawings correspond to items in the ADA Transition Plan.
13 318
D. APPROACH AND WORK PLAN
c. Physical Surveys of City Buildings, Parks, Parking Lots SSA will conduct surveys of all City buildings, parks, parking lots/structures on the inventory list to identify and locate all physical barriers to access. SSA will be responsible for determining and identifying the applicable accessibility standards and codes under which features will be measured and confirm the standards and codes with the City prior to performing the surveys.

SSA will determine specific features to be surveyed as required and as applicable under the accessibility standards and codes. Field surveys of public buildings, parks, parking lots/structures (including interiors, accessible parking, passenger drop-off and loading zones, pedestrian pathways, restrooms, etc.) will include the collection and precise documentation of field data for accessibility elements at each site identified in the scope of work.

Field survey assessments will be done in the most unobtrusive manner possible to afford the least dis- ruption to the City’s business. SSA field survey staff will use the applicable current code standards; the updated 2010 regulations of Title II of the ADA, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and the 2019 edition of the California Code of Regulations/Title 24 and as applicable, the California Building Code (CBC). Elements required to be accessible and covered by the surveys will include the following:

Site Exterior: Survey will include exterior path of travel from/to the nearest site entrance point from/ to the public right-of-way; accessible parking spaces; passenger drop-off and loading zones; walks and sidewalks; curb ramps; other ramps; way-finding signage; exterior elevators, lifts and where paths of travel from public transit or public parking serve the facility.

Interior: Survey will include all interior areas accessible to and by the general public (and select employ- ee areas where there may be an opportunity to develop program alternatives and options for value en- gineering); entrances and exits; interior paths of travel; lobbies; public counters; seated waiting areas; public telephones (including TTY); drinking fountains; elevators; platform lifts; doors and gates; access to and through all rooms and spaces; corridors, hallways and vestibules; restrooms; room identification signs; areas of rescue assistance; assembly areas; assistive listening systems; and alarms. d. Draft City Buildings Compliance Assessment Reports
Once review of the field data is complete; SSA will originate the Draft Physical Survey Reports / Access Compliance Assessment Reports (ACAR) identifying each physical element within the public areas of City public buildings, parks, parking lots/structures that constitutes a code violation or otherwise hin- ders or prevents access to persons with disabilities. Each ACAR will include, but is not limited to the following:
• Ex ecutive summary;
• As-built dimensions as it r elates to ADA and other relevant code/guideline access; • Barrier Se verity Rating (relative level of impact to access); • Prioritiz ation & Severity Rating;
• R eference to code defining the barrier to access;
• Pr oposed solution(s) to eliminate the barrier;
• Individual c onceptual cost estimate for each solution; • Digit al photograph(s) of each barrier to access;
• R eference drawing/map showing the location of the barrier 14 319
D. APPROACH AND WORK PLAN
e. Final City Buildings Compliance Assessment Reports
Once the collected field data is verified by SSA, then SSA will produce the Final Physical Survey Reports / Access Compliance Assessment Reports (ACAR).

4. Public Outreach / Meetings
a. Administration Including Presentation, Agenda, Materials & Minutes b. Public Outr each Meeting No.1
c. A ttend City Council Meeting No.1
d. A ttend City Council Meeting No. 2
SSA will assist the City of Fontana in hosting public outreach events, and soliciting input from stakehold- ers, per ADA §35.150(d)(1) during the development of the transition plan:
“…A public entity shall provide an opportunity to interested persons, including individuals with disabil- ities or organizations presenting individuals with disabilities, to participate in the development of the transition plan”
a. Administration Including Presentation, Agenda, Materials & Minutes Public Outreach Meeting Contingency Plan
In order to help the City of Fontana to meet its legal obligations for public vetting of this Transition Plan, Sally Swanson Architects, Inc. (SSA) proposes the following Virtual Town Hall Contingency Plan that can be implemented at the City’s discretion. The City may prefer in-person gatherings and SSA will comply with the City’s directive.

SSA will host in-person or “virtual” Town Halls along with online surveys that can be noticed to the pub- lic through the City’s marketing channels (e.g., websites, newsletters, email blasts).

Virtual Town Hall
• Se t up virtual town hall meetings via Zoom Webinar (Microsoft Teams, or technology of the City ’s choice).
• An yone who wishes to participate will need to register (for security, to ensure participants can access, and t o support subsequent follow-up if needed). • Z oom/Teams Town Hall meetings will feature ASL and live captioning provided by the City. • The City and SS A will co-facilitate the Town Halls, presenting an overview of Transition Plan findings and off ering an opportunity for public comment. • SS A will moderate participation to ensure all questions are addressed, and all who wish to ha ve an opportunity to comment are invited to do so.
• During Z oom Town Halls, participants will be invited to use video conference features such as:
o Raise hands (t o make comments or ask questions).
o Cha t box (to make comments or ask questions).
o Q&A .
• Mee tings will be recorded and made available for later viewing, if the City wishes. • An yone who is unable to attend may submit a public comment via email, in writing, or by phone.
• Mee ting organizers document all comments made by participants 15 320
D. APPROACH AND WORK PLAN
Surveys
• SS A will develop a post-town halls survey to be sent out to participants after town halls, if the City wishes.

Pre-Town Hall Outreach
• SS A will assist the City in reaching out to community members via its marketing channels to in form the public of upcoming Town Halls.
• SS A will assist the City in reaching out to interested local community organizations, partners and a ffiliates.
• The City will pr ovide a link to register for the Town Halls, as well as a link to the Transition Plan f or public review.

Share the Results
• Cr eate short reports with the data, results and input from the online surveys and virtual Town Halls input.
• Shar e reports with the public.
• Thank c ommunity members for their participation and ensure that their feedback will be part of the final r eports.
b. Public Outreach In-person or Online Meeting (Meeting No.1) SSA will conduct a Public Outreach In-person or On-Line Meeting that fulfills the City’s directive regard- ing a virtual meeting format, or in-person meeting at the City’s discretion. c. Attend City Council Meeting (Meeting No. 1)
SSA will attend a City Council Meeting (in-person or via virtual conference technology at the City’s dis- cretion
d. Attend City Council Meeting (Meeting No.2)
SSA will attend a City Council Meeting (in-person or via virtual conference technology at the City’s dis- cretion).

5. ADA Self-Evaluation and Transition Plan
a. Inc orporate all feedback and develop a Final ADA Transition Plan with Executive Summary (both in har d copies and digitally accessible electronic formats, as preferred by the City) b. D etailed recommendations of remedial measures to correct deficiencies and a methodology f or the prioritization of barrier removal or remediation. c. Cos t estimates or remediation measures to remove each identified barrier. d. Pr ocedures and forms for filing Requests for Accommodation. e. Iden tification of the official(s) who will be responsible for implementation of the Transition Plan.
f .Dr aft ADA Self-Evaluation and Transition Plan
g. Final AD A Self-Evaluation and Transition Plan with Executive Summary Draft ADA Self-Evaluation and Transition Plan per Title II of the ADA SSA will identify any programmatic solutions to remove an existing barrier by providing equivalent facili- tation in lieu of making physical alterations.
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D. APPROACH AND WORK PLAN
SSA will work with City staff to prioritize removal of architectural barriers at each building/park/parking lot. SSA will consider past and current City planning activities to incorporate the activities into the Tran- sition Plan.

SSA will develop the Draft Self-Evaluation including questionnaire responses, grievance procedure and work plan.

SSA will develop the Draft Transition Plan including priorities, schedule, funding, standard drawings and implementation.

SSA will present the Draft ADA Transition Plan and record feedback from the City team. SSA will plan and facilitate review meetings in person or via virtual conference technology (at the City’s discretion) with the City staff as required to assure their familiarity with the draft ADA Transition Plan developed under the plan and address any questions or comments in a timely manner.

Final ADA Self-Evaluation and Transition Plan per Title II of the ADA SSA will incorporate all changes and develop the final ADA Transition Plan including Executive Summary.

6. Project Database, Mapping, and Standard Plans
a. Dr aft Excel/GIS Database for Buildings, Parks and Parking Lots b. Final Ex cel/GIS Database for Buildings, Parks and Parking Lots Project Database and Mapping Setup
SSA has developed excellent computer-based tools, which provide a variety of accessibility functions.

SSA’s BlueDAG database is a relational database program that assemble, organize and maintain field survey data; maintain records of as-built conditions (actual measurements), code requirements (re- quired measurements), conceptual cost estimates, and recommendations for solutions for the removal of non-compliant access barriers. The programs will also generate the access compliance survey report.

The BlueDAG database will list the identified barriers in a report format that cites all deviations from applicable accessibility requirements contained in the 1991 (revised in 1994) Americans with Disabilities Act Accessibility Guidelines and 2010 Americans with Disabilities Act Accessibility Standards and the International Building Code, as well as Building Code 2019. The format will allow sorting of recorded information by location, type, severity, category, cost of identified barriers, etc. This flexible tool can be easily modified to handle specific client requests and sorting functions; for example, listing the asso- ciated costs of updating non-compliant hardware at building entrances within a particular facility. All building and parks data is exportable and compatible with a variety of formats including Microsoft Excel (*.xls), Access (*.dbf) and Adobe Acrobat (*.pdf). The database may also be integrated with the City’s Facilities Database Management/GIS suite using the same item descriptors. The best feature of BlueD- AG is its end-to-end, cloud-based software that simplifies and speeds up ADA compliance and accessi- bility reporting for professionals, with a key advantage being the significant time savings of up to 70% compared to traditional methods.

Outcome will produce the following for City review and approval:
a. Dr aft Excel/GIS Database for Buildings, Parks, Parking Lots b. Final Ex cel/GIS Database for Buildings, Parks, Parking Lots 17 322

14 16498.00150\32126437.1

EXHIBIT B
Schedule of Charges/Payments

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

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H. COSTS
Sally Swanson Architects Cost Proposal - City of Fontana ADA Self-Evaluation and Transition Plan CITY OF FONTANA - ADA SELF EVALUATION AND TRANSITION PLAN - FEE PROPOSAL - SALLY SWANSON ARCHITECTS, INC. (SSA) Tasks Total
PIC / Project
Manager CASp QA/QC Policy
Specialist
Facility
Specialist
GIS/
Database
Specialist
Technical
Staff Operations
Sally
Swanson
Scott
Saddlemire,
CASp
Troy
Baltazor,
ACTCP
Don Salts,
CASp
Deniz Turan,
PhD Various Various Car
(Week)
Lodging
(month)
Meals &
Incidental
(Day)
$200.00 $175.00 $150.00 $150.00 $150.00 $100.00 $100.00 $400.00 $2,940.00 $79.00 1 Oversee Development and Execution of Self-Evaluation and Transition Plan a. Administration & Management 20 12 32 $5,800.00 $5,800.00 b. Develop Procedures & Forms 8 4 8 8 8 36 $5,900.00 $5,900.00 c. Attend Kick-Off, Interim Progress & Final Completion Online Meetings 12 4 12 12 12 52 $8,500.00 $8,500.00 Subtotal: 40 8 20 20 32 0 0 120 20,200.00$ -$ -$ -$ 20,200.00$ 2 Conduct Self-Evaluation for City Policies, Programs, Services and Practices a. Thorough Review of City's existing Policies, Plans, Reports, and Programs. 4 2 16 22 $3,550.00 $3,550.00 c. Selecting Key Personnel Including Orientation Meeting 4 16 20 $3,200.00 $3,200.00 d. Staff Surveys Including Questionnaires 4 40 44 $6,800.00 $6,800.00 e. Draft Programmatic Self-Evaluation Survey Reports 2 24 26 $4,000.00 $4,000.00 f. Final Programmatic Self-Evaluation Survey Reports 2 12 14 $2,200.00 $2,200.00 Subtotal: 16 2 108 0 0 0 0 126 19,750.00$ -$ -$ -$ 19,750.00$ 3 Conduct Comprehensive City Buildings, Parks and Parking Lots Surveys and Barrier Assessments a. Inventory Review 2 4 8 14 $2,300.00 $2,300.00
b. Facility Diagrams 8 32 16 56 $7,800.00 $7,800.00
c. Physical Surveys of City Buildings, Parks and Parking Lots (per the list provided by the City in the Addenda) 360 360 $54,000.00 $54,000.00 d. Draft Buildings, Parks and Parking Lots Access Compliance Assessment Reports 20 40 20 20 100 $13,500.00 $13,500.00 e. Final Buildings, Parks and Parking Lots Access Compliance Assessment Reports 20 40 12 10 10 92 $13,300.00 $13,300.00 2 52 0 480 12 46 30 622 $90,900.00 -$ -$ -$ 90,900.00$ 4 Public Outreach / Meetings
a. Administration Including Presentation, Agenda, Materials & Minutes 12 12 12 12 12 60 $9,000.00 $9,000.00 b. Public Outreach Meeting No.1 6 6 6 6 24 $3,900.00 $3,900.00 c. Attend City Council Meeting No.1 6 6 6 6 24 $3,900.00 $3,900.00 d. Attend City Council Meeting No. 2 6 6 6 6 24 $3,900.00 $3,900.00 Subtotal: 30 0 30 30 30 12 0 132 20,700.00$ -$ -$ -$ 20,700.00$ 5 ADA Self-Evaluation and Transition Plan
a. Incorporate all feedback and develop a Final ADA Transition Plan with Executive Summary (both in hard copies and digitally accessible electronic formats, as preferred by the City) 2 2 2 2 16 24 $3,750.00 $3,750.00 b. Detailed recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier removal or remediation. 2 2 2 2 2 10 $1,650.00 $1,650.00 c. Cost estimates or remediation measures to remove each identified barrier. 2 4 4 4 4 18 $2,900.00 $2,900.00 d. Procedures and forms for filing Requests for Accommodation. 4 4 $600.00 $600.00 e. Identification of the official(s) who will be responsible for implementation of the Transition Plan. 2 2 $300.00 $300.00 f .Draft ADA Self-Evaluation and Transition Plan 2 2 4 4 32 44 $6,750.00 $6,750.00 g. Final ADA Self-Evaluation and Transition Plan with Executive Summary 2 2 4 4 16 28 $4,350.00 $4,350.00 Subtotal: 10 12 22 16 70 0 0 130 20,300.00$ -$ -$ -$ 20,300.00$ 6 Project Database, Mapping, and Standard Plans
a. Draft Excel/GIS Database for Buildings, Parks and Parking Lots 20 30 12 62 $8,700.00 $8,700.00 b. Final Excel/GIS Database for Buildings, Parks and Parking Lots 10 15 6 31 $4,350.00 $4,350.00 Subtotal: 0 0 0 30 45 18 0 93 13,050.00$ -$ -$ -$ 13,050.00$ 7 City Staff Training
a. Applicable codes, statues and regulations 4 2 4 4 14 $2,350.00 $2,350.00 b. Performing field investigations and inspections 4 2 4 10 $1,750.00 $1,750.00 c. Preparation of ADA Compliance Assessment Reports 4 2 4 4 4 18 $2,950.00 $2,950.00 d. Monitoring and updating the ADA Self-Evaluation and Transition Plan 4 2 4 4 4 18 $2,950.00 $2,950.00 e. Using and maintaining the database and/or project map 4 4 4 4 16 $2,400.00 $2,400.00 Subtotal: 20 8 12 20 12 4 0 76 12,400.00$ -$ -$ -$ 12,400.00$ Grand Total: 118 82 192 596 201 80 30 1299 197,300.00$ -$ -$ -$ 197,300.00$ Notes: 1. If there is a significant increase to the scope of work outlined above, SSA reserves the right to renegotiate the services fee with the City.

2. Sally Swanson Architects, Inc. (SSA) guarantees that no additional fees will be charged prior written consent by the City.

3. All expenses are included, including reimbursable, if applicable.

4. All reports will be submitted in PDF format.

Task # Total Hours Total Labor
Costs
Sally Swanson Architects, Inc.

Total Fee
ODC's
Other Direct Costs
Task Description
11/6/2025
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0826 Agenda Date: 2/24/2026
Agenda #: O. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement for City owned property- 11109 Jasmine Street RECOMMENDATION:

1. Adopt Resolution No. 2026-010, approving the Purchase and Sale Agreement with the County of San Bernardino, for city owned land located at 11109 Jasmine Street more specifically described as APN 0238-111-53.

2. Approve and Authorize the City Manager, or City Manager’s designee, to enter into any required documents, including non-material amendments to the Purchase and Sale Agreement, required to effectuate said approvals and/or agreement.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.
· Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state, and federal governments.

DISCUSSION:

The City of Fontana has identified Homelessness and Homeless prevention as a top priority. To address this need, the City acquired the subject property and retained an architect to prepare plans to effectuate the renovation of the property into a Homeless Navigation Center. The Navigation center, when completed, will provide housing and services for those that are currently, or are risk of becoming, homeless. The West End Navigation Center (WENC), a 200-bed, full-service regional facility will serve western San Bernardino County, with support and participation from the cities of Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, Rialto, and Upland.

Sale of the property is conditioned up its operation by the county as a Navigation Center. The operation of the facility shall be governed by an MOU and operating agreement by and between the County and the participating cities. Should any changes be proposed or required for the operation of the facility during the operational period, approval of the City of Fontana, as the host city for the City of Fontana Printed on 2/19/2026Page 1 of 2
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File #: 26-0826 Agenda Date: 2/24/2026
Agenda #: O. Category: Consent Calendar
facility, is required.

The City and County have negotiated a Purchase and Sale Agreement to facilitate the sale of APN 0238-111-53.

General Terms of Purchase:
· Purchase Price will be calculated prior to the end of the due diligence period and will include the sum of all third-party consulting expenses paid by the city as well as the cost of acquisition, permitting, and renovation of the property. · The County will have 60 days from the opening of escrow to complete its due diligence on the subject property to confirm the suitability and condition of the property. · If county is satisfied with its feasibility review the county will deposit and release $2,000,000 as a non-refundable deposit towards the purchase.
· City must complete renovation within 12 months of the release noted above. · City construction responsibility is to convert the space into a 200-bed navigation center with all improvements completed and approved for occupancy, leaving only the installation of furnishings and equipment for the county.
· Within two weeks of issuance of a Certifcate of Occupancy and confirmation that all is complete, County deposits the remaining required funds for the purchase, closes escrow and takes possession of the building.

The Navigation Center represents a regional solution that goes beyond traditional shelters or short- term motel vouchers. It is designed as a low-barrier, housing-focused service hub that reduces barriers, provides stability, and connects people directly to permanent housing.

FISCAL IMPACT:

This transaction will result in sale proceeds to the city in the amount of $11,664,510.00 plus all actual incurred third party consulting costs and improvement cost.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-110

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

CALIFORNIA, APPROVING AND AUTHORIZING THE PURCHASE AND

SALE AGREEMENT , JOINT ESCROW INSTRUCTIONS , AND GRANT

DEED OF TRUST BETWEEN SAN BERNARDINO COUNTY AND THE
CITY OF FONTANA FOR PROPERTY LOCATED AT 11109 JASMINE
STREET, FONTANA, CALIFORNIA (“PROPERTY”) AUTHORIZING THE

CITY TO ACCEPT THE PURCHASE PRICE FROM SAN BERNARDINO

COUNTY FOR THE PURPOSE OF CONVERT ING THE PROPERTY TO

REGIONAL NAVIGATION CENTER FOR INDIVIDUALS AND FAMILIES

WHO ARE EXPERIENCING HOMELESSNESS OR WHO ARE AT RISK
OF HOMELESSNESS, AS DEFINED IN PART 578.3 OF TITLE 24 OF THE

CODE OF FEDERAL REGULATIONS

WHEREAS, the City of Fontana has been in negotiation with San Bernardino County for the Sale of the property located at 11109 Jasmine Street, Fontana, California for the purpose of converting the property to a Regional Navigation Center to provide housing and services for individuals and families who are experiencing homelessness or who are at risk of homelessness, as defined in Part 578.3 of Title 24 of the Code of Federal Regulations ; and

WHEREAS, the City and the County have come to an agreement on the terms of the associated agreements and documents; and

WHEREAS, after reviewing the documents, the City Council has determined that the terms upon which the sale is to be given are acceptable.

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

Section 1. That the City accepts the purchase price from San Bernardino County, which shall be calculated to include the Base Price of eleven million six hundred sixty - four thousand five hundred ten and 00/100 dollars ($11,664,510.00) plus the costs actually incurred by the city for all third-party consulting expenses as well as the actual costs incurred for the design, permitting, and construction of the Property for the purpose of converting the Property to a Regional Navigation Center; and

Section 2. That the City Manager is approved and authorized to enter into all documents necessary to facilitate this transaction, including but not limited to; non - material amendments to the Purchase and Sale Agreement, escrow inst ructions, the Revocable Grant Agreement and the Grant Deed of Trust for the San Bernardino County acquisition of the property, on the terms and conditions specified therein; and

Section 3. That the City Manager, or his designee, are approved and authorized to negotiate, develop, enter into, and otherwise manage any documents in furtherance of 327

Resolution No. 2026-110

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converting the property to a housing facility for individuals and families who are experiencing homelessness or who are at risk of homelessness; and

Section 4. That the City Manager, or his designee, are approved and authorized to Record associated Grant Deed of Trust with San Bernardino County for the sale and

Section 5. That the City hereby approves and adopts a finding that the proposed land transaction is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301. EXISTING FACILITIES and Section 15326.

ACQUISITION OF HOUSING FOR HOUSING ASSISTANCE PROGRAMS

Section 6. This resolution shall take effect upon adoption.

APPROVED AND ADOPTED this 24th day of February 2026.

READ AND APPROVED AS TO LEGAL FORM:

______________________________
City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk
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16498.00100\44074273.16

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made by and between the CITY OF FONTANA, a California municipal corporation, (“SELLER”) and SAN BERNARDINO COUNTY , a body corporate and politic of the State of California, (“BUYER”), each of them a “Party” and jointly the “Parties”, and is effective as of the date the last of the Parties executes this Agreement (“Effective Date”).

R E C I T A L S
A. SELLER is the sole owner of fee simple interest in certain real property, consisting of approximately 1.65 acres of land, (“Land”) with an address of 11109 Jasmine Street, Fontana, CA 92337 and commonly identified as Assessor’s Parcel Number 0238-111-53-0000, as the Land is more particularly described in the legal description attached hereto as Exhibit “A,” on which certain improvements, including (without limitation) a building comprising approximately 35,347 total square feet (“Building”) is situated (unless referred to individually, the improved Land and the Building shall hereinafter collectively be referred to as the “Property.”) B. SELLER agrees to sell and BUYER agrees to purchase the Property for exclusive use as a regional homeless housing and support services facility, subject to all the terms, conditions, and provisions as set forth in this Agreement.

A G R E E M E N T
Based upon the foregoing recitals, which are incorporated herein by this reference and made a part hereof, the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:

1. PURCHASE AND SALE OF THE PROPERTY .

1.1 Subject to all the terms, conditions, and provisions of this Agreement, and for the consideration herein set forth, SELLER agrees to sell to BUYER and BUYER agrees to purchase from SELLER, all of SELLER’s right, title, and interest to the Property.

1.2 Purchase Price. The total purchase price (“Purchase Price”) payable by BUYER to SELLER for all of SELLER’s right, title, and interest to the Property shall consist of: (a)

ELEVEN MILLION SIX HUNDRED SIXTY-FOUR THOUSAND FIVE HUNDRED TEN AND 00/100 DOLLARS ($11,664,510.00) (“Base Price”), plus (b) an improvement reimbursement to Seller of all third party costs and expenses incurred by SELLER in connection with pre- development costs including but not limited to the design, permitting, and procurement (the “Pre- Development Costs”) in addition to the costs of construction and installation of the Improvements (as later defined), provided that such reimbursement shall not exceed the amount of the Construction Bid including Pre-Development Costs approved in writing by BUYER during the Pre-Development Period plus any costs incurred by SELLER due to any Change Orders approved in writing by BUYER during the Construction Period, as the reimbursable amount is documented by invoices provided by SELLER to BUYER in Section 3.3.2 (the “ Improvement Reimbursement”).
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16498.00100\44074273.16

1.3 Deposits.

1.3.1 Independent Consideration. Within fifteen (15) Business Days (as defined in Section 7.10) of the Escrow Opening Date (as defined in Section 3.1), BUYER shall deliver to Escrow the sum of One Hundred and 00/100 Dollars ($100.00) (the “Independent Consideration Payment”), as independent consideration for BUYER’s right to purchase the Property and to terminate this Agreement in accordance with the termination provisions stated herein, for SELLER’s execution, delivery, and performance of this Agreement. The Independent Consideration Payment is non-refundable, not applicable to the Purchase Price, and shall be retained by SELLER notwithstanding any other provision of this Agreement.

1.3.2 Intentionally Omitted.

1.3.3 Construction Deposit. If BUYER has not earlier terminated this Agreement, within fifteen (15) Business Days after the date BUYER receives written notice from SELLER of the occurrence of the Construction Contract Award Date (as defined in Section 2.5.1), Buyer shall deposit with the Escrow Holder the sum of Two Million Dollars ($2,000,000) (the “Construction Deposit”). The Construction Deposit shall be non-refundable in all circumstances except as set forth in Sections 2.3, 2.6, and 2.8 of this Agreement.

1.4 Intentionally Omitted.

1.5 Escrow Holder/Title. The transaction contemplated in this Agreement shall be handled through escrow and the Parties agree to use Jeanne Gould, Escrow Officer, with an address of 18500 V on Karman Ave., Suite 600, Irvine, CA 92612 as the escrow officer (“Escrow Holder”) and Terrell Crutchfield, Title Officer with an address of 1250 Corona Point Court, Suite 200, Corona, CA 92879 as the title officer (“Title Officer”).

2. DUE DILIGENCE, TITLE REVIEW, PRE-DEVELOPMENT & CONSTRUCTION PERIODS.

2.1 Due Diligence Period. The “Due Diligence Period” shall be the sixty (60) calendar day period following the Effective Date for BUYER’s investigation of feasibility. BUYER and its agents, contractors, consultants, employees, representatives, engineers, and designees (collectively, “BUYER’s Agents”) shall have access to the Property at all reasonable times upon reasonable notice to SELLER until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for purposes of conducting tests and inspections of the Property, including (without limitation) surveys and architectural, engineering, geotechnical and environmental inspections and tests. SELLER’s representative may elect to be present with BUYER or BUYER’s representative for any access to the Property, provided that such representative shall not unreasonably interfere with nor disrupt BUYER’s Due Diligence activities.

All inspections shall be performed by BUYER at BUYER’s sole cost and expense. The inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property and the systems serving the Property; (iii) a review of the environmental condition of the Property, including a Phase I environmental site assessment and any proposal regarding a Phase II environmental site assessment. BUYER agrees not to conduct or cause to be conducted a Phase 330
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II environmental site assessment or other invasive testing (meaning testing that involves boring into the ground) without the prior written consent of SELLER, which shall not be unreasonably withheld, delayed, or conditioned. Within five (5) Business Days after the Effective Date, SELLER shall deliver to BUYER, whether electronically or otherwise, copies of all plans (including, without limitation, as-built plans), surveys, specifications, studies, reports, test results, environmental assessments, Building condition assessments (including roof, structure, and building systems), existing leases, services, or other contracts for the Property, and other documents pertaining to the physical, geological, or environmental condition of the Property that is in the possession of or within the reasonable control of SELLER (collectively, “Property Documents”). SELLER makes no representation whatsoever about the content, accuracy, completeness or value of the Property Documents. All Property Documents will be provided to BUYER without warranty from SELLER regarding the accuracy or completeness of the information contained therein, and such documents may or may not be assignable to BUYER. The delivery of such reports and studies shall be subject to the proprietary rights of any engineer or other consultant preparing the same and any limitations on use imposed by them. BUYER assumes all risk of reviewing and understanding any and all information contained in the Property Documents. To the extent this Agreement has not been earlier terminated, BUYER and BUYER’s Agents shall continue to have access to the Property, subject to the limitations contained in this Section 2.1, after the Due Diligence Period to facilitate, as applicable, the Pre-Development Period (as later defined), the completion of the Improvements during the Construction Period (as later defined), and the Close of Escrow.

2.1.1 Intentionally Omitted.

2.2 Hazardous Materials; Indemnification. As used in this Agreement, “Hazardous Materials” includes petroleum, asbestos, radioactive materials or substances defined as ‘“hazardous substances,” “hazardous materials” or “toxic substances” (or words of similar import) in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C.

Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.), and under the applicable laws of California. BUYER must rely on its own investigation and not on any representation by SELLER regarding Hazardous Materials. BUYER shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of BUYER’s independent expert(s) in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by SELLER or any employee or agent of SELLER. SELLER makes no representations regarding Hazardous Materials in, on or under the Property. SELLER’s knowledge and disclosures regarding Hazardous Materials are limited to the contents of the Property Documents. Except as provided below, BUYER hereby waives any and all claims against SELLER relating to the presence of Hazardous Materials on, under, or about the Property, whether known or unknown, except for claims arising from (a) SELLER’s intentional misrepresentation; or (b) SELLER’s failure to disclose known Hazardous Materials contained in the Property Documents. This waiver shall not apply to any Hazardous Materials introduced to the Property after the Effective Date, including any Hazardous Material resulting directly from SELLER’s construction of the Improvements.

2.3 Due Diligence Termination Right. If BUYER is not satisfied with the Property for any reason in BUYER’s sole and absolute discretion, BUYER may terminate this Agreement by 331
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giving written notice of termination to SELLER (“Due Diligence Termination Notice”) with a copy to the Escrow Holder at any time on or before the expiration of the Due Diligence Period; in which case, neither Party shall have any further obligations to the other except for those obligations that survive the termination of this Agreement and BUYER shall reimburse any Improvement Reimbursement cost incurred by SELLER up to the termination date, as evidenced by invoices, proof of payment, and other documentation reasonably requested by BUYER. In the event that BUYER fails to deliver BUYER’s Due Diligence Termination Notice on or before the expiration of the Due Diligence Period, BUYER shall conclusively be deemed to have waived its right to terminate this Agreement pursuant to this Section 2.3, the Pre-Development Period shall continue in accordance with Section 2.5 of this Agreement. BUYER’s Director of the Real Estate Services Department (“BUYER’s RESD Director”) shall have the authority on behalf of BUYER to exercise BUYER’s termination right in this Section 2.3 by delivering the Due Diligence Termination Notice.

2.4 Review of Title.

2.4.1 Within five (5) calendar days after the Effective Date of this Agreement, SELLER shall provide BUYER with a preliminary title report issued within thirty (30) calendar days prior to the Effective Date by First American Title Company (“Title Company”) and such Title Company shall provide all underlying title documents (collectively, the “Preliminary Title Report”) and BUYER shall have the right to obtain a survey of the Property from a licensed surveyor sufficient to obtain an ALTA title insurance policy (“Survey”).BUYER’s review period for the Preliminary Title Report and the Survey shall mean the period from the Effective Date through the date that is thirty (30) Business Days after the Effective Date (“BUYER’s Title Review Period ”).At any time during BUYER’S Title Review Period, BUYER shall notify SELLER in writing (“BUYER’s Title Notice”) of any objections BUYER may have to title exceptions or other matters contained in the Preliminary Title Report or Survey (“ Title Objections”).If BUYER does not give such notice on or before the expiration of BUYER’s Title Review Period, then it shall conclusively be deemed that BUYER waives all Title Objections other than any delinquent taxes or assessments that encumber the Property, any deeds of trust, mortgages, or any other instruments that secure the repayment of funds that encumber the Property, or any judgments, liens or other monetary encumbrances that encumber the Property. If BUYER does timely provide BUYER’s Title Notice with Title Objections, SELLER shall have seven (7) Business Days after receipt thereof to notify BUYER that SELLER (a) will endeavor to cause or (b) elects not to cause any or all of the Title Objections disclosed therein to be removed or insured over by the Title Company in a manner reasonably satisfactory to BUYER. SELLER’s failure to notify BUYER within such seven (7) Business Day period as to any Title Objections that SELLER is willing to endeavor to cure or cause to be insured over shall be deemed an election by SELLER not to pursue such endeavor to remove or have the Title Company insure over such Title Objections. If SELLER notifies or is deemed to have notified BUYER that SELLER shall not endeavor to remove nor have the Title Company insure over any or all of the Title Objections, BUYER shall have seven (7) Business Days after the expiration of SELLER’s seven (7) Business Day period to respond to either (a) terminate this Agreement or (b) waive such Title Objections and proceed to Closing. If BUYER does not give notice within the said period, BUYER shall be deemed to have elected to waive the Title Objections pursuant to this Section 2.4. If SELLER elects to cure by removing or insuring over the Title Objections, and such removal or insurance procurement by SELLER will exceed the time for BUYER’s Title Review Period, then said Title 332
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Review Period will automatically be extended in order to accommodate said title curing period (“Extended BUYER’s Title Review Period”), but shall not extend past the Closing Date and BUYER shall have the right to terminate this Agreement at any time during the Extended BUYER’s Title Review Period if the Title Objections are not cured in a manner reasonably satisfactory to BUYER.

2.4.2 BUYER shall have the right to request any supplement to the Preliminary Title Report or the Survey, and if any such supplement discloses any new materially adverse title or survey matters not disclosed to BUYER prior to the expiration of BUYER’s Title Review Period, the foregoing right of review and approval shall also apply to said new matter; provided, however, the period for BUYER to deliver BUYER’s Title Notice with respect to such new title matter shall be the later of (i) expiration of BUYER’s Title Review Period, or (ii) three (3) Business Days from receipt of the supplemental title report or survey and the underlying document(s) referenced therein.

2.5 Pre-Development Period. The “Pre-Development Period ” shall be the one hundred twenty (120) calendar day period following the Effective Date, unless this Agreement is earlier terminated in accordance with Section 2.3. During the Pre-Development Period:

2.5.1 The Parties shall cooperate in good faith to finalize the plans and specifications and any other documents needed for the construction of the Improvements (collectively, “Construction Plans”), which SELLER shall use to obtain firm construction bids from qualified and licensed contractors to complete the construction of the Improvements. At the time SELLER submits the Construction Plans for first plan check to the relevant permitting authority, SELLER shall simultaneously provide BUYER with the same Construction Plans for review and comment. Thereafter, the Parties agree to meet periodically during the Pre- Development Period, as needed, but, at a minimum, as follows: (i) SELLER shall provide written notice to BUYER that SELLER has submitted the Construction Plans for second plan check to the relevant permitting authority and the Parties shall meet approximately one week after BUYER’s receipt of said notice regarding BUYER’s revisions to the Construction Plans; and (ii) SELLER shall provide written notice to BUYER of the date it intends to release a solicitation of bids for a construction contract for the Improvements and the Parties shall meet approximately one week after BUYER’s receipt of said notice but before the release date to confirm agreement on the Construction Plans to be included in the solicitation. Following the close of SELLER’s solicitation but before the date SELLER’s City Council awards a construction contract (“Construction Contract Award Date”) for the Improvements, SELLER shall provide written notice to BUYER of the bids received from all contractors based on the Construction Plans and specifying the bid that BUYER intends to award the construction contract (“Construction Bid”), which notice shall be provided by SELLER to BUYER by no later than five (5) Business Days before the expiration of the Pre-Development Period. The Pre-Development Period shall be extended day for day for every day late that the Construction Bid is delivered late to BUYER. In addition, at least five (5) Business Days prior to the commencement of the Construction Period, SELLER and BUYER shall participate in a final good-faith coordination meeting to confirm alignment on the final Construction Plans. SELLER shall consider BUYER’s comments in good faith, provided that SELLER retains final approval authority consistent with its municipal processes. 333
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2.5.2 Program Contribution Agreement: BUYER shall negotiate a separate agreement (“Program Contribution Agreement”) among BUYER, the SELLER, and each of the Cities of Chino, Montclair, Rancho Cucamonga, Upland, Ontario, Chino Hills, and Rialto (collectively, the “Cities”) to set forth annual or other periodic payments from SELLER and each of the Cities to BUYER as contributions to BUYER’s operating expenses for programs to be provided at the Property and other terms and conditions that are satisfactory to BUYER.

2.5.2 Intentionally Omitted.

2.6 Pre-Development Period Termination Right. If, at any time on or before the expiration of the Pre-Development Period and provided that BUYER has not earlier exercised its Due Diligence Termination Right, BUYER is not satisfied for any reason in BUYER’s sole and absolute discretion with the Construction Plans prior to the date SELLER issues a solicitation for a construction contract for the Improvements, the Construction Bid, and/or the Program Contribution Agreement has not been fully executed by the BUYER, the SELLER, and each of the respective Cities, BUYER may terminate this Agreement by giving written notice of termination to SELLER (“Pre-Development Termination Notice”) with a copy to the Escrow Holder on or before the expiration of the Pre-Development. In the event this Agreement is terminated in accordance with this Section 2.6, neither Party shall have any further obligations to the other except for those obligations that survive the termination of this Agreement and BUYER shall reimburse any Improvement Reimbursement costs incurred by Seller up to the termination date, as evidenced by invoices, proof of payment, and other documentation reasonably requested by BUYER. BUYER’s Chief Executive Officer shall have the authority on behalf of BUYER to exercise BUYER’s termination right and deliver its Pre-Development Termination Notice in accordance with this Section 2.6. In the event that BUYER does not deliver a Pre-Development Termination Notice on or before the expiration of the Pre-Development BUYER shall conclusively be deemed to have waived its right to terminate this Agreement pursuant to this Section 2.6 and the Agreement shall proceed to the Construction Period pursuant to Section 2.7.

2.7 Construction Period. Unless this Agreement is earlier terminated, the “Construction Period” shall be the one (1) year following the end of the Pre-Development Period. During the Construction Period, SELLER shall, at its sole cost and expense but subject to reimbursement through the Improvement Reimbursement portion of the Purchase Price: (a)award the construction contract for the Improvements in the amount of the Construction Bid based on the approved Construction Plans (“Construction Contact Award Date”), provided SELLER shall provide written notice to BUYER of the intended award date and the Parties shall meet approximately one week after BUYER’s receipt of said notice but before the intended award date to confirm the Parties’ agreement on the Construction Plans to be included in the contract, (b) complete the Improvements in accordance with the Construction Plans and the applicable terms and condition of this Agreement (including without limitation Exhibits “D” and “D-1”), with all punchlist items identified in writing by BUYER completed; (cc) provide to BUYER a certification from the Improvements Architect certifying that the Improvements have been completed in accordance with the Construction Plans; (dd) deliver to BUYER a final certificate of occupancy that has been issued by the applicable governmental authority(ies) for the Improvements and the Property; and (ee) obtain Buyer’s written acceptance of the Property as improved with the Improvements. 334
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2.8 Construction Period Remedies. If SELLER is unable to complete the Improvements in accordance with this Agreement on or before the expiration of the Construction Period, as extended by any BUYER delay or force majeure events in accordance with Section 4.1 of Exhibit D of this Agreement, BUYER shall deliver to SELLER written notice specifying the specific portions of the Improvements that BUYER contends still require completion, and SELLER shall have one period of thirty (30) calendar days after receipt of such notice to complete the Improvements; provided, however, that if the Improvements cannot reasonably be completed within such thirty (30) calendar day period, SELLER shall have the right to commence the cure within that thirty (30) day period and thereafter diligently and continuously prosecute such cure to completion. If SELLER fails to complete the Improvements during said thirty (30) day period, BUYER may elect, as its exclusive remedy and in its sole discretion, to (i) complete the Improvements at SELLER’s cost to be reimbursed upon Closing; in which case the Construction Period shall be extended for the period time necessary for BUYER to complete the Improvements, (ii) pursue damages for default pursuant to Section 5 of this Agreement, or (iii) terminate the Agreement by providing written notice to SELLER; in which case neither party shall have any further obligations to the other except those obligations that survive said termination and SELLER shall refund the Construction Deposit to BUYER within thirty (30) days after the termination date.

BUYER’s County Executive Officer shall have the authority on behalf of BUYER to provide the notice and to elect BUYER’s remedy in this Section 2.8.

3. ESCROW.

3.1 Opening of Escrow; Closing Date. Closing of the sale of the Property shall take place through an escrow (“Escrow”) to be established with the Escrow Holder referred to in Section 1.5. Escrow shall be deemed open upon the date BUYER delivers a fully executed copy of this Agreement to Escrow Holder (“Escrow Opening Date”), which shall occur by no later than five (5) Business Days after the Effective Date of this Agreement. Upon receipt of a fully executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder’s acceptance attached hereto and notify SELLER and BUYER of the escrow number it assigns to the Escrow. The Close of Escrow shall occur as soon as reasonably practicable following the expiration of the Construction Period, but in no event later than the date that is ten (10) Business days following the expiration of the Construction Period (“Closing Date”).The terms “Close of Escrow” and/or the “Closing” shall mean the consummation of the transactions contemplated by this Agreement to occur through the Escrow including SELLER conveyance of the Property to BUYER.

3.2 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of BUYER and SELLER to Escrow Holder as well as an agreement between BUYER and SELLER. In the event of any conflict between the provisions of this Agreement and Escrow Holder’s standard instructions, this Agreement shall prevail.

3.3 Deliveries by SELLER.

3.3.1 On or before 12:00 noon Pacific Time on the Business Day preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder: (i) the Grant Deed for the Property in substantially the form attached hereto as Exhibit “B” (“Grant Deed”), duly executed and acknowledged by SELLER; (ii) an original of the Closing Statement described in Section 3.5, 335
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duly executed by SELLER; and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.

3.3.2 At least ten (10) Business Days preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder and BUYER invoices, proof of payment, liens releases, and any other documentation reasonably requested by BUYER to verify the amount of the Reimbursement Improvement in accordance Section 1.2 .

3.3.3 On or before 12:00 noon Pacific Time on the Business Day preceding the scheduled Closing Date, SELLER shall deliver to BUYER an assignment of all warranties for the Improvements.

3.4 Deliveries by BUYER. On or before 12:00 noon Pacific Time on the Business Day preceding the scheduled Closing Date, BUYER shall deliver to Escrow Holder: (a) the Purchase Price (being the Base Price plus the Improvement Reimbursement, provided that such reimbursement shall not exceed the amount of the Construction Bid including Pre-Development Costs approved in writing by BUYER during the Pre-Development Period plus any costs incurred by SELLER due to any Change Orders approved in writing by BUYER during the Construction Period, less Construction Deposit, (b) all escrow costs resulting from this Agreement, (d) an original of the Closing Statement described in Section 3.5, duly executed by BUYER, (e) the certificate of acceptance affixed to the Grant Deed, duly executed and acknowledged by BUYER, and (f) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.

3.5 Closing Statement. No later than four (4) Business Days prior to the Closing Date, Escrow Holder shall prepare for approval by BUYER and SELLER a closing statement (“Closing Statement”) on Escrow Holder’s standard form indicating, among other things, Escrow Holder’s estimate of all closing costs and prorations made pursuant to this Agreement.

3.6 Closing, Recording and Disbursements. On the Closing Date, and provided all of SELLER Conditions to Closing and BUYER Conditions to Closing set forth in Sections 3.10.1 and 3.10.2 of this Agreement have been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the following actions:

3.6.1 Recording. Escrow Holder shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County, California.

3.6.2 Delivery of Documents and Funds. Escrow Holder shall deliver to BUYER all of the items listed in Section 3.3.1 above which were delivered by SELLER to Escrow, except that Escrow Holder shall be instructed to record the original Grant Deed with the Recorder’s Office in San Bernardino County, California upon Close of Escrow. Escrow Holder shall deliver the Purchase Price to SELLER by wire transfer as provided in written instructions to be furnished to Escrow Holder by SELLER prior to the Close of Escrow, together with one duplicate original of all of the items listed in Section 3.4 above on the Close of Escrow.

3.7 Taxes. Real property taxes, if any, will not be prorated between SELLER and BUYER in Escrow. Upon recordation of the Grant Deed, BUYER will request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 336
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4986.If current taxes have not yet been paid as of the Closing Date, then at Closing SELLER shall pay through Escrow or out of SELLER proceeds, the full amount of the installment applicable for the period in which Closing occurs. SELLER shall be entitled to a refund of any excess payment made to the taxing authority on account of the Property, including any taxes paid by SELLER and applicable to any period from and after the Closing Date. The taxing authority will notify SELLER of any refund due SELLER resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for refund pursuant to Revenue and Taxation Code Section 5096.7.

3.8 Payment of Costs. BUYER shall pay for the premium for the standard coverage owner’s Title Policy referred to in Section 3.10.2(b), along with the cost of any endorsements or extended coverage to be as set forth therein. Any recording fees for the documents to be recorded under this Agreement and the escrow fee of Escrow Holder shall be paid by BUYER. However, if the Close of Escrow has not occurred by the Closing Date by reason of a default hereunder, the defaulting party shall bear all Escrow cancellation charges. All other costs and expenses of Escrow not specifically allocated in this Agreement shall be paid by BUYER. BUYER and SELLER shall each be solely responsible for payment of its own attorneys’ fees and costs for this Agreement.

3.9 Information Report. Escrow Holder shall file and SELLER and BUYER agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. SELLER and BUYER also agree that SELLER and BUYER, their respective employees and attorneys, and Escrow Holder and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither SELLER nor BUYER shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

3.10 Conditions to Close of Escrow.

3.10.1 Conditions to SELLER Obligations. In addition to any other condition set forth in this Agreement in favor of SELLER, SELLER shall have the right to condition its obligation to convey the Property to BUYER and close the Escrow upon the satisfaction, or written waiver by SELLER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “SELLER Conditions to Closing”):
(a) Delivery of Document and Funds . BUYER shall have timely executed and deposited into Escrow all escrow and closing documents required to be submitted by BUYER in order to accomplish the close of Escrow for the Property. BUYER shall have deposited 337
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with Escrow Holder the Purchase Price and the escrow and closing costs for which BUYER is responsible to pay and all other sums required of BUYER by this Agreement. (b) Representations and Warranties. All representations and warranties made by BUYER in this Agreement are true and correct in all material respects on the Effective Date and as of the Closing as though made at each time. (c) No Default under the Agreement. BUYER shall not be in default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured) and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.

3.10.2 Conditions to BUYER’s Obligations. In addition to any other condition set forth in this Agreement in favor of BUYER, BUYER shall have the right to condition its obligation to purchase the Property and close the Escrow upon the satisfaction, or written waiver by BUYER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “BUYER Conditions to Closing”):
(a) Delivery of Documents and Funds . SELLER shall have timely executed and deposited into Escrow the Grant Deed, all escrow and closing documents required to be submitted by SELLER in order to accomplish the close of Escrow for the Property. (b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to BUYER at Closing a CLTA standard coverage owner’s title policy, or, upon BUYER’s request, an ALTA extended coverage owner’s policy of title insurance (provided BUYER shall be responsible for any survey costs associated therewith and BUYER must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended coverage at least ten (10) Business Days prior to the Closing Date and BUYER shall be responsible for the additional cost of the extended coverage), insuring BUYER’s title to the Property in the amount of the Purchase Price, subject only to the following (collectively, the “ Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage contained in such form of the policy; (ii) real estate taxes not yet due and payable; (iii) matters created by, through or under BUYER; (iv) items disclosed by the Survey and Preliminary Title Report (including any supplements) and approved or deemed waived by BUYER pursuant to the title review provisions in Section 2.4, or, if BUYER fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of the Property; and (v) any Title Objections that neither SELLER nor the Title Company has agreed to remove from title or insure over (“Title Policy ”). Notwithstanding anything to the contrary herein, if endorsements are required to cure defects in title and only if SELLER has agreed to provide such endorsements as a means of curing such title defects, then SELLER shall pay for such endorsements. (c) Property Condition and Possession.
(i) The Improvements to the Property shall have been
completed in accordance with this Agreement and the physical condition of the Property shall otherwise be in substantially the same condition on the Closing Date as on the Effective Date. (ii) Intentionally Omitted.
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(iii) BUYER shall be permitted to conduct a final
inspection of the Property, including (but not limited) to the Building, within ten (10) Business Days after SELLER provides written notice of completion of the Improvements in accordance with Section 2.7.
(iv) At least ten (10) Business Days before the Closing Date, SELLER shall remove from the Property any and all of the personal property of SELLER and of all tenants, occupants, users, trespassers, and other third parties along with any and all debris and trash from the Property. SELLER shall deliver full possession of the Property in the foregoing condition to BUYER on the Closing Date free from any tenants, occupants, users, and trespassers.
(d) CEQA. The requirements under the California Environmental Quality Act, as amended (CEQA) shall have been complied with. If on or before the Closing Date, an environmental review determines that a conveyance of the Property from SELLER to BUYER is not permissible under the CEQA Guidelines, then escrow shall be terminated. (e) Non-Foreign Affidavit. SELLER shall have executed and deposited into escrow a Non-Foreign Affidavit as required by federal law. (f) Representations and Warranties. All representations and warranties made by SELLER in this Agreement are true and correct in all material respects on the Effective Date and as of the Closing as though made at each time. (g) No Default under Agreement. SELLER shall not be in default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured) and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.
(h) Encumbrances. There are no encumbrances on the Property except for Approved Title Exceptions.
(i) Contract Termination. SELLER shall have canceled, assigned to Buyer, as required by this Agreement or requested in writing by BUYER, or terminated all agreements, contracts, leases, licenses, and use agreements relating to the Property with service providers, tenants, and other third parties and provided BUYER with written evidence of same. (j) BUYER’s compliance with any and all applicable funding requirements and/or State of California Housing and Community Development requirements, including grant funding requirements, that are applicable to BUYER’s purchase of the Property. (k) BUYER’s compliance with any and all applicable laws, including, but not limited to Government Code Section 65402.

3.10.3 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by BUYER or SELLER, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.
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3.10.4 Waiver. Each party may at any time or times, waive any of their respective Conditions to Closing in this Section 3.10, as set forth above, to their respective obligations hereunder, but any such waiver shall be effective only if contained in writing, signed, and delivered to the other party.

3.10.5 Escrow Termination. In the event each of the Conditions to Closing in this Section 3.10, as set forth above, is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived, either party may at its option terminate this Agreement and the Escrow(s) opened hereunder, provided that party is not in default of this Agreement beyond any applicable notice and cure periods. No termination under this Agreement shall release any party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered to Escrow Holder shall be returned immediately to the respective parties.

4. REPRESENTATIONS AND WARRANTIES.

4.1 SELLER Representations and Warranties. SELLER hereby makes the following representations and warranties to BUYER as of the Effective Date, each of which is material and relied upon by BUYER in making its determination to enter into this Agreement and each of which is re-made each as of the Closing Date and shall survive the Closing Date. (a) This Agreement and all documents executed by SELLER which are to be delivered to SELLER at the Closing are and at the time of Closing will be duly authorized, executed and delivered by SELLER, are and at the time of Closing will be legal, valid and binding obligations of SELLER enforceable against SELLER in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which SELLER is subject.
(b) SELLER owns the Property in fee simple, subject to any agreements (oral or in writing) or leasehold interests disclosed by SELLER to BUYER in the Property Documents or identified in the Preliminary Title Report. (c) SELLER has the full right, power, and lawful authority to sell the Property and undertake all obligations as provided herein. The execution, performance, and delivery of this Agreement by SELLER has been fully authorized by all requisite actions on the part of SELLER.
(d) To the best of SELLER’s knowledge, there are no pending or threatened actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against the Property, whether criminal, civil, or administrative and SELLER has not received any notices thereof.
(e) SELLER has not received any notices and has no knowledge of any violation or threatened violations of any laws, ordinances, rules, regulations, or requirements of any governmental agency, body or subdivision affecting or relating to the Property, whether criminal, civil, or administrative.
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(f) SELLER is not the subject of a current or pending bankruptcy proceeding.
(g) SELLER has not received any notices and has no knowledge of any hazardous materials or waste (as defined by California Health and Safety Code Section 25100, et. seq., and/or 42 U.S.C. §9601, et. seq.) that exists at the Property or a violation of any environmental laws that exists at the Property.
(h) There are no Contracts that will be binding on the Property or BUYER after Closing except for warranties assigned for the Improvements to BUYER upon Closing.

4.1.2 BUYER’s Representations and Warranties. BUYER hereby makes the following representations and warranties to SELLER as of the Effective Date, each of which is material and relied upon by SELLER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date and shall survive the Closing Date:
(a) BUYER has the full right, power, and lawful authority to purchase and accept the Property and undertake all obligations as provided herein and the execution, performance, and delivery of this Agreement by BUYER have been fully authorized by all requisite actions on the part of BUYER.
(b) This Agreement and all documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject.
(c) Buyer has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby.

5. DEFAULTS.

5.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of San Bernardino County, State of California.

5.2 Rights and Remedies are Cumulative. Except as otherwise expressly provided in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

5.3 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of any right it may have to institute and 341
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maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

5.4 Damages Limitation. In no event shall either Party be liable to the other for consequential, incidental, exemplary punitive, or indirect damages arising out of this Agreement.

6. SELLER & BUYER COVENANTS

6.1 SELLER COVENANTS

6.1.1 Operation of Property. Subject to SELLER’s completion of the Improvements in accordance with this Agreement, from the Effective Date until the Close of Escrow, SELLER shall operate and maintain the Property in a manner generally consistent with the manner in which SELLER has operated and maintained the Property prior to the Effective Date, ordinary wear and tear excepted.

6.1.2 Provide Copies of Notices. SELLER shall, from the Effective Date until the Close of Escrow, furnish BUYER with a copy of all notices received by SELLER from any governmental authority or other person or entity of any alleged violation of any law, statute, ordinance, regulation or order of any governmental or public authority relating to the Property or alleged defaults or other claims made by other persons or entities within five (5) Business Days following SELLER’s receipt thereof.

6.1.3 Contracts. SELLER shall not assign any Contracts for the Property to BUYER upon Closing, except that SELLER shall assign any and all warranties for the Improvements to BUYER, and SELLER shall not execute any Contracts or renew any Contracts for the Property from and after the Effective Date until the Close of Escrow without the prior written approval of the BUYER.

6.2 BUYER COVENANT

6.2.1 Use Restriction. BUYER agrees that, for a period of ten (10) years after the Closing Date (“Restricted Period”), the use of the Property shall be restricted to a low barrier regional navigation center with homeless housing and support services facility (“Use Restriction”).

If at any time during the Restricted Period, BUYER determines, in BUYER’s sole discretion, that (i) continued operation of the Property as a low-barrier regional navigation center is no longer feasible due to termination of the Program Contribution Agreement or other insufficiency of ongoing financial support from partner cities, (ii) regional needs for homeless services have materially changed such that continued operation is no longer required, BUYER shall provide written notice to SELLER. Within thirty (30) days after such notice, the Parties shall meet and confer in good faith to determine mutually acceptable next steps regarding the use or disposition of the Property. The Parties acknowledge that potential options may include, but are not limited to the following:
(a) The Parties may mutually agree in writing to wind down operations and allow BUYER to repurpose the Property for another public-serving use. 342
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(b) The Parties may agree that BUYER may downsize the navigation center to a scope appropriate for the needs of SELLER, and use the remaining portions for compatible public uses found to be appropriate by BUYER. (c) BUYER may offer the Property for sale to SELLER at a mutually agreed depreciated value, with such valuation method to be negotiated in good faith.

6.2.2 The provisions of this Section 6.2.1 shall survive the Close of Escrow and remain in effect until the expiration of the Restricted Period; at which time the Use Restriction shall automatically expire and BUYER shall have the right to use the Property for any public serving purpose whatsoever.

7. MISCELLANEOUS.

7.1 Intentionally Omitted.

7.2 Indemnification.
(a) BUYER agrees to indemnify SELLER against, and to hold and save SELLER harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to reasonable attorneys’ fees and court costs, as a result of BUYER’s gross negligence or willful misconduct in performing its due diligence inspections during the Due Diligence Period; provided, however, that BUYER will not be obligated to indemnify SELLER with respect to SELLER’S own negligence. The foregoing indemnity shall survive termination of this Agreement. BUYER shall not suffer or permit any mechanic’s or materialmen’s or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of BUYER in connection with or as a result of any due diligence inspections. If any such lien shall be filed against the Property, BUYER shall cause such lien to be discharged or bonded within thirty (30) days after BUYER’s receipt of notice of such filing. Following any due diligence inspections, BUYER shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by SELLER, or its agents or employees or any ordinary wear and tear). Prior to BUYER’s initial entry on the Property, BUYER or its consultant shall at its sole cost obtain a policy of liability insurance with a combined single limit in an amount not less than One Million Dollars ($1,000,000), which may be satisfied by BUYER’s program of self-insurance as a self-insured public entity; SELLER shall be named an additional insured on said policy; and BUYER or its consultants shall furnish to SELLER a certificate of insurance confirming such coverage.
(b) SELLER shall not suffer or permit any mechanic’s or materialmen’s or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of SELLER in connection with or as a result of any construction obligations performed by SELLER under this Agreement. If any such lien shall be filed against the Property, SELLER shall cause such lien to be discharged or bonded within thirty (30) days after SELLER’s receipt of notice of such filing. (c) SELLER agrees to indemnify BUYER against, and to hold and save BUYER harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, 343
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losses, costs and expenses, including but not limited to reasonable attorneys’ fees and court costs, as a result of SELLER’s gross negligence or willful misconduct at the Property or SELLER’s breach of this Agreement resulting in bodily injury, property damages, or third party claims, including but not limited to the construction of the Improvements during the Construction Period and the presence or exacerbation of any Hazardous Materials resulting therefrom but only to the extent such Hazardous Materials were introduced to or exacerbated on the Property by SELLER or its contractors in the course of the construction of the Improvements; provided, however, that BUYER will not be obligated to indemnify SELLER to the extent of BUYER’s own negligence.

The foregoing indemnity shall survive termination of this Agreement. SELLER shall not suffer or permit any mechanic’s or materialmen’s or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of SELLER in connection with or as a result of the construction of the Improvements. If any such lien shall be filed against the Property, SELLER shall cause such lien to be discharged or bonded within thirty (30) days after SELLER’s receipt of notice of such filing.

7.3 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) a reliable overnight courier service that provides a receipt showing the date and time of delivery, including (but not limited to) Federal Express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested. A courtesy copy of any notices delivered in accordance with this subsection shall be concurrently sent via e-mail to the e-mail address identified below, provided that such courtesy e-mail is not intended, nor shall it be deemed to substitute as the effective means of notice delivery or alter the effective date of such notice. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:

SELLER: City of Fontana
Attn: City Manager
8353 Sierra Ave
Fontana, CA 92335

with a copy via email to:

Best Best & Krieger LLP
Attn: Ruben Duran
2855 E. Guasti Road, Suite 400
Ontario, CA 91761

BUYER:

San Bernardino County
c/o Real Estate Services Department
Attention: Brandon Ocasio, Manager of Acquisitions
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0180
with a courtesy copy via email to:
[email protected]
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Each notice shall be deemed delivered on the date received or the date the recipient refuses to accept receipt if delivered by personal delivery or by overnight courier service, or on the date of receipt or the date the recipient refuses to accept receipt as disclosed on the return receipt if by mail in accordance with this Section 7.3. The parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective notice addresses.

7.4 Relationship Between SELLER and BUYER. It is hereby acknowledged that the relationship between SELLER and BUYER is not that of a partnership or joint venture and that SELLER and BUYER shall not be deemed or construed for any purpose to be the agent of the other.

7.5 Attorneys’ Fees. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees. This subsection shall not apply to those costs and attorneys’ fees directly arising from any third-party legal action against a party hereto and payable under Section 7.13 (“Real Estate Brokerage Commission”).

7.6 Successors and Assigns; Assignment. This Agreement shall bind and inure to the benefit of SELLER and BUYER and their respective successors and permitted assigns. This Agreement shall not be assigned or otherwise transferred without the prior written consent of BUYER. Any change in control or ownership of SELLER shall be deemed an assignment requiring BUYER’s consent for purposes of this Agreement.

7.7 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof.

All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by SELLER and BUYER.

7.8 Prohibited Persons and Transactions. SELLER represents to BUYER that it is not a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.

7.9 Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and- country-information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies 345
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and their contractors (including by agreement or receipt of a grant) to terminate agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined by the County or the State that SELLER is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. SELLER shall be provided advance written notice of such termination, allowing SELLER at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of BUYER.

7.10 Computation of Time. In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday or Sunday, such action shall be taken on the next succeeding business day. A “Business Day” is any day on which the offices of the San Bernardino County, California Recorder are open to the public for business. The last day of any period of time described herein shall be deemed to end at 5:00 p.m., Pacific Time. A calendar day is any day of the year, including weekends and holidays. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.

7.11 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.

7.12 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

7.13 Real Estate Brokerage Commission. BUYER and SELLER respectively represent and warrant that no real estate broker or agent is or will be involved in this transaction on behalf of BUYER or SELLER, respectively. Each Party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims for fees, payment, or commissions due to a broker of third-party resulting from a breach of each party’s respective representations and warranties in this Section 7.13.

7.14 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. If authorized by law, the parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by facsimile, PDF or email transmission) and are entitled to electronically sign and transmit this Agreement via DocuSign, Adobe Sign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

7.15 Exhibits. Exhibits “A,” “B,” “C,” and “D” are attached to this Agreement and are incorporated herein by this reference and made a part hereof. 346
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7.16 No Withholding as Foreign Seller. SELLER represents and warrants to BUYER that SELLER is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code section 1445 and that it will deliver to BUYER on or before the Close of Escrow a non-foreign affidavit on Escrow Holder’s standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590- RE.
8 GOVERNING BOARD APPROV AL: This Agreement is subject to and shall have no force or effect until and unless first approved by the governing boards of both SELLER and BUYER and executed by an authorized signatory for each party. [Signatures on next page]
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IN WITNESS WHEREOF, SELLER and BUYER have entered into this Agreement as of the date last set forth below.

BUYER:

SAN BERNARDINO COUNTY
SELLER:

CITY OF FONTANA

By
:

By:

Dawn Rowe, Chair Matthew Ballantyne
Board of Supervisors City Manager

Date: Date:

SIGNED AND CERTIFIED THAT

A COPY OF THIS DOCUMENT

HAS BEEN DELIVERED TO THE

CHAIR OF THE BOARD

LYNNA MONELL, Clerk of the Board of Attest:

Supervisors

By
:

By: ______________________________
Germaine Key, City Clerk
Deputy

Date: Date: _____________________________

Approved as to Legal Form: Approved as to Legal Form:

LAURA FEINGOLD, County Counsel Ruben Duran, City Attorney San Bernardino County, California City of Fontana

By
:

By:
________________________________
Agnes Cheng Jessica Lomakin
Deputy County Counsel Special Counsel

Date: Date: ___________________________

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ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.

First American Title
Jeanne Gould, Escrow Officer
18500 V on Karman Ave., Suite 600
Irvine, CA 92612
By:

Jeanne Gould, Escrow Officer
First American Title
Escrow No. __________________________
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EXHIBIT “A”
Legal Description of the Land

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EXHIBIT “B”

FORM OF GRANT DEED
(conveyance document)
Follows this page

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RECORDING REQUESTED BY:

San Bernardino County
Real Estate Services Department
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0180

WHEN RECORDED MAIL TO:

Same as above

RECORDER: EXEMPT:

This instrument is for the benefit of the San
Bernardino County and is entitled to be recorded
without fee subject to Govt. Code 27383 and
6103, and Rev. & Tax Code 11922

A.P.N: 0238-111-53-000 GRANT DEED

Dept. Code: XXXX

FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

The City of Fonanta, a California municipal corporation,

hereby GRANT(S) to SAN BERNARDINO COUNTY, a body corporate and politic of the State of California, the following real property in the City of Fontana, San Bernardino County, State of California:

SEE EXHIBIT “A”, LEGAL DESCRIPTION

GRANTOR:

CITY OF FONTANA

The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $0.00 Conveyance to Government Entity. R&T 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City of Fontana

By: _EXHIBIT VERSION - DO NOT EXECUTE_________ Dated: __________________ Matthew Ballantyne, City Manager

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EXHIBIT “A” TO GRANT DEED
Legal Description of the Land

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SAN BERNARDINO COUNTY

CERTIFICATE OF ACCEPTANCE
APN: 0238-111-53-0000
This is to certify that the interest in real property conveyed by the within the instrument to San Bernardino County, a body corporate and politic of the State of California, is hereby accepted by the undersigned officer/agent on behalf of the Board of Supervisors pursuant to authority conferred by resolution of the Board of Supervisors adopted on March 27, 2012, and the Grantee consents to recordation thereof by its duly authorized officer/agent.

Dated: ___________________________
By: ______________________________
Terry W. Thompson, Director
Real Estate Services Department
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EXHIBIT “C”

INTENTIONALLY OMITTED

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EXHIBIT “D”

ADDITIONAL TERMS DURING CONSTRUCTION PERIOD
In addition to the applicable terms of the Agreement, the following terms shall be applicable during the Construction Period:

1. Construction of the Improvements.

1.1 Improvements. SELLER shall construct, or cause to be constructed by a general contractor approved by BUYER (“Improvements Contractor”), the Improvements in accordance with the approved Construction Plans and subject to the terms and conditions of this Exhibit and the applicable terms of the Agreement, provided that the Improvements Architect and Engineers (or any affiliated entities) shall not be the Improvement Contractor. The Construction Contract between SELLER and the Improvements Contractor shall guarantee the Completion of the Improvements, including any punchlist items in accordance with Section 2.1 of this Exhibit D by no later than the expiration of the Construction Period. In procuring a Improvements Contractor for the Improvements at the Property, SELLER shall comply with all federal, state, and local laws concerning competitive bidding for public works projects as defined by the California Public Contract Code and shall ensure that any contract awarded to the Improvement Contractor contains all necessary terms required by applicable law including but not limited to the requirement to pay prevailing wages, registration with the Department of Industrial Relations, and holding all necessary licenses. Contracts between the Improvement Contractor and any subcontractor shall also be required to contain all legally necessary provisions.

1.2 Change Orders by BUYER. In the event that BUYER requests modifications to the Construction Plans during the Construction Period that increase the cost of construction of the Improvements, and provided that such modifications are elective in nature and are not required as a result of any professional errors or omissions in the Construction Plans, BUYER hereby agrees to pay such incremental cost at the Close of Escrow, provided that BUYER has first approved said increase in writing. In the event that BUYER requests modifications to the Construction Plans following the approval thereof by BUYER during the Construction Period, which in either case reduce the cost of construction of the Improvements, SELLER shall apply the savings in Construction Costs to be reimbursed by BUYER in accordance with this Agreement.

1.3 Change Orders by SELLER. SELLER shall not make any modifications to the approved Construction Plans during the Construction Period without the prior written approval of BUYER in its sole and absolute discretion nor any modifications to the approved Construction Plans which would result in an increase or decrease of the costs of construction of the Improvements, without the prior written approval of BUYER in its sole and absolute discretion.

1.4 BUYER’s Access. SELLER agrees that BUYER, its employees, project managers, consultants and representatives (collectively, “BUYER Representatives”), shall have access to the Property at all reasonable times with reasonable notice to SELLER during the construction of the Improvements for the purpose of inspecting the construction of the Improvements and attending meetings with SELLER, the Improvements Contractor and the Improvements Architect, and BUYER Representatives shall have the right to inspect the construction of the Improvements and 356
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ascertain that the Improvements are being performed in accordance with the approved Construction Plans. SELLER shall cause any portion of the Improvements reasonably ascertained by BUYER and verified by the Improvements Architect as not in conformance with the approved Construction Plans to be corrected to conform to such approved drawings to the reasonable satisfaction of BUYER. SELLER further agrees that, upon commencement of the Improvements, it will notify the BUYER’s RESD Director in writing of the identity, place of business, and business telephone number of the person(s) who shall be the Improvements Architect’s representative(s) during the progress of the Work. Notwithstanding the foregoing, SELLER’s primary contact for purposes of construction of the Improvements shall be Phil Burum and BUYER’s primary contact for purposes of construction is set forth in Section 4.2 of this Exhibit.

1.5 Quality of Work and Materials. All materials, parts and equipment furnished by SELLER and/or its contractor(s), subcontractors and material suppliers shall be new, high grade and free from defects and imperfections in a manner consistent with industry standards for comparable projects. SELLER and/or its contractor(s), subcontractors and material suppliers shall have the right to make substitutions of materials, equipment, or finishes of comparable quality and utility upon prior written approval of BUYER. Except as set forth in Section 4.3 of this Exhibit, SELLER makes no warranty, express or implied, with respect to any materials or equipment incorporated into the Improvements, and Buyer’s sole recourse shall under any applicable warranties of manufacturers, suppliers, or contractors as assigned to BUYER.

1.6 BUYER’s Completion of IT and Communications Work. Subject to SELLER’s completion of the necessary portion of the Work of the related Improvements (as defined in Schedule 1), BUYER shall complete the installation of all furniture, fixtures, equipment, IT, communications and audio visual cabling and equipment desired by BUYER. SELLER shall provide BUYER with the construction schedule to facilitate BUYER’s installation.

2. Completion of the Improvements.

2.1 Completion. Subject to the terms and provisions of this Section 2.1 and Section 4.1 of this Exhibit D, SELLER shall complete or cause the Completion of the Improvements, including any punchlist items, by no later than the expiration of the Construction Period, as defined in the Agreement (“Completion Deadline”). For purposes of this Agreement, “Completion” shall occur with respect to the Improvements when (a) the Improvements have been completed in accordance with Construction Plans and the applicable terms and condition of this Agreement (including without limitation Exhibits “D” and “D-1”), with all punchlist items identified in writing by BUYER completed; (b) the Improvements Architect issues a certificate to BUYER certifying that the Improvements have been completed in accordance with Construction Plans; (c) a final certificate of occupancy has been issued by the applicable governmental authority(ies) for the Improvements and the Property and has been delivered to the BUYER; and (d) BUYER has accepted the Property as improved by the Improvements.

2.2 Intentionally Omitted.

3. Remedies.
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3.1 Failure to Achieve Completion. In the event SELLER fails to completion of the Improvements by the Completion Date, the BUYER shall have the remedies set forth in Section

2.8 of the Agreement.

4. Miscellaneous Provisions.

4.1 Delays and Force Majeure. SELLER shall not be responsible for any delays in completion of the Improvements to the extent an actual delay has occurred resulting from: (i) force majeure events (including proclaimed emergencies or disasters, labor disputes, material shortages where comparable substitutes are not available, acts of god, extraordinary governmental restrictions, or other similar events beyond SELLER’s reasonable control), (ii) BUYER’s failure to fulfill its obligations under this Agreement, including failure to provide any BUYER required consents or approvals, provided that SELLER shall first give BUYER notice of such delay and provide BUYER with a reasonable time to fulfill its obligations; or (iii) any changes to the Improvements requested by BUYER subsequent to its approval of the applicable document in the Construction Plans. Notwithstanding anything to the contrary, SELLER shall first notify BUYER in writing of any alleged force majeure delay for the BUYER’s evaluation as to the applicability of this provision.

4.2 SELLER’s Representative and BUYER’s Representative. SELLER hereby designates Phil Burum as its “SELLER’s Representative” with respect to the matters regarding the construction of the Improvements, who until further notice to BUYER, shall have full authority and responsibility to act on behalf of SELLER for such matters. BUYER hereby designates the BUYER’s Chief Executive Officer or his authorized designee as its “BUYER’s Representative” with respect to the matters regarding the construction of the Improvements, which designee, until further notice to SELLER, shall have full authority and responsibility to act on behalf of BUYER for such matters. A copy of all notices required to be sent to BUYER hereunder shall be sent to BUYER at 385 North Arrowhead Ave, 3rd Floor, San Bernardino, California 92415-0180, Attention: Real Estate Services Director.

4.3 Construction Warranties. SELLER represents and warrants the Improvements, including any warranty of condition, quality, design, fitness for a particular purpose or merchantability, for a period of one year after the Completion Date. In addition, SELLER agrees to assign to BUYER all such warranties and guaranties relating to the Improvements at the Close of Escrow.
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EXHIBIT “D-1”

PREV AILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates . Pursuant to California Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm . The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates. Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty. The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors. Pursuant to the provisions of Labor Code sections 1777.1 and 1771.1(o), the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at https://www.dir.ca.gov/dlse/debar.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been 359
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paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
a. Pursuant to Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request;
ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County and the Division of Labor Standards Enforcement of the DIR;
iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;
iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and
v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such 360
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a manner as to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from progress payments then due to the Contractor. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
c. At least monthly (at least once every 30 days), the Contractor and all subcontractors must submit electronic certified payroll records online to the Labor Commissioner, in a format prescribed by the Labor Commissioner.

The County reserves the right to require Contractor and all subcontractors to submit certified payroll to the Labor Commissioner more frequently than monthly.
i. A contractor or subcontractor who fails to furnish electronic certified payroll records to the Labor Commissioner as required by Labor Code section 1771.4, is subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per day, until such payroll records are furnished, not to exceed a total penalty of five thousand dollars ($5,000) per project.
ii. This requirement does not apply to public works projects $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work. However, the Contractor must still keep accurate certified payroll records and retain those records, as specified in Labor Code section 1776, for at least three years after completion of the work.

6. Limits on Hours of Work. Pursuant to Labor Code section 1810, eight (8) hours of labor shall constitute a legal day’s work. Pursuant to Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) 361
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hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours . The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Jobsite Notices. This project is subject to compliance, monitoring, and enforcement by the DIR. As required by the DIR, Contractor is required to post jobsite notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.

9. Registration with the DIR (Labor Code section 1725.5) a. Contractor must be registered with the DIR to bid or submit a proposal on this project, unless the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirement for bid purposes only as allowed under Labor Code sections 1771.1(a) and 1725.5(f).
i. An inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
1) The subcontractor is registered prior to the bid
opening.
2) Within 24 hours after the bid opening, the
subcontractor is registered and has paid the penalty
registration fee.
3) The subcontractor is replaced by another registered
subcontractor pursuant to Section 4107 of the Public
Contract Code.
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b. Contractor must be registered with the DIR (unless an exception applies) to be awarded a contract or perform any work on this project. No contractor or subcontractor may be awarded a contract for a public work project or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 (unless an exception applies). i. A contract entered into with any contractor or subcontractor in violation Labor Code section 1725.5 shall be subject to cancellation. ii. If the Labor Commissioner determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with Labor Code section 1771.1, the contractor or subcontractor is subject to civil penalties of one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000), payable to the state. Contractor may also be subject to additional penalties, up to an additional $10,000, for entering into a contract with an unregistered subcontractor.
iii. Where a contractor or subcontractor engages in the performance of any public work contract without having been registered with the DIR, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on all public works until they are registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work. Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner shall be paid at their regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. Failure of a contractor or subcontractor to observe a stop order issued and served upon them is guilty of a misdemeanor punishable by imprisonment in county jail up to 60 days or by a fine of up to ten thousand dollars ($10,000), or both.
c. To qualify for registration with the DIR, Contractor must meet all requirements listed in Labor Code Section 1725.5.
d. Registration with the DIR is not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation, or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
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a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable trades or crafts (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e.

DAS-140) to the appropriate apprenticeship committees; (2) pay training contributions for each apprenticeable hour employed on the Contract to either the local training fund or the California Apprenticeship Council; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exemption is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the prevailing rate of per diem wages for apprentices in the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Unless otherwise provided by a collective bargaining agreement, when the Contractor requests the dispatch of an apprentice to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered.

Unless otherwise provided by a collective bargaining agreement, Contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. c. Only apprentices, as defined in Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training, or the rules and regulations of the California Apprenticeship Council.

2. Compliance with Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140) to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted must include the contractor’s name, address, telephone number and state license number; the full name and 364
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address of the public work awarding body; the exact location of the public work site; the date of the contract award; an estimate of journeyman hours to be performed under the contract; the number of apprentices proposed to be employed; and the approximate dates the apprentices would be employed.
b. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
c. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice (to do this use DAS Form 142).
d. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
e. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program.
f. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS- 140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
g. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft or trade must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman, not including overtime hours. If Contractor has agreed to be covered by an apprenticeship program’s standards, Contractor must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, which cannot be less than the 1 to 5 ratio required above. ii. Contractor must attempt, to the greatest extent possible, to employ apprentices during the same time period that the journeyman in the same craft or trade are employed at the jobsite. This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts or trades are denoted with a pound symbol “#” in front of the craft or trade name on the prevailing wage determination.
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iii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required. iv. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice.
v. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
vi. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area. vii. Apprentices employed to fulfill the requirements of Labor Code section 1777.5 must be registered apprentices who are training under apprenticeship standards that include the work processes that the Contractor will perform on the project. Where a Contractor employs apprentices under the rules and regulations of the California Apprenticeship Council, apprentices must, at all times work under the direct supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
h. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts or trades on public works projects, must make training fund contributions to the California Apprenticeship Council, in the amount established by the Director of the Department of Industrial Relations as the prevailing amount for apprenticeship training contributions in the area of the public works site.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions.
iii. Contractors may take as a credit for payments to the Council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project.
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iv. Training fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. i. Submit a Verified Statement within 60 Days of Conclusion of Work Under the Contract
1) Each contractor and subcontractor must submit a verified statement of the journeyman and apprentice hours performed on the contract, which information shall be public and
retained by the apprenticeship programs for 12 months.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. Contractors performing in non-apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. ii. When the Contractor has a direct contract with the public agency that is under $30,000.
iii. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
iv. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720 et seq.

4. Exemption from Apprenticeship Ratios:
a. The Administrator of Apprenticeship may grant a certificate exempting the Contractor from the 1-to-5 ratio set forth in this Section if Contractor can show that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen
b. An apprenticeship program has the discretion to grant a certificate to a participating contractor or contractor association which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
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i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
iii. There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
iv. Assignment of an apprentice to any work performed under the Contract documents would create a condition which would jeopardize such apprentice’s life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
c. When an exemption from subsection b. above is granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:
a. The responsibility for compliance with this Section for all apprenticeable trades or crafts is solely and exclusively that of the Contractor. Violations of Labor Code section 1777.5 are subject to penalties pursuant to Labor Code section 1777.7, as determined by the Labor Commissioner. 368
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0834 Agenda Date: 2/24/2026
Agenda #: P. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

San Bernardino Council of Governments (SBCOG) Membership Dues RECOMMENDATION:

Approve Fiscal Year 2025/2026 General Assessment Membership Dues and all future SBCOG dues according to the JPA Agreement.

COUNCIL GOALS:
· 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:

On March 12, 2024, City Council approved Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement. Under the new formula, member fees would be assessed based on a 50% Population/50% Fund Sales and Property Tax Revenues Received. The agreement also allowed for a CPI of 2% annually to cover the regular increases in cost.

For Fiscal Year 2025/2026, the City's dues amount to $102,227, which is over the City Manager’s signing authority.

FISCAL IMPACT:

Funds were appropriated at the last budget cycle, and there is a budget in place in account 10110200.8010.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/19/2026Page 1 of 1
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369

INVOICE
Mr. Matthew C. Ballantyne DATE February 10, 2026
City Manager INVOICE NO. GA DUES 26-08
City of Fontana CONTACT: Daniel Rodriguez
8353 Sierra Ave PHONE: 909-884-8276 x 108
Fontana, CA 92335

DESCRIPTION AMOUNT
General Assessment Membership Dues 102,227
For Fiscal Year 2025/2026
2910.01.0000.0000.45001000 (BCAT29101)
Thank You TOTAL $ 102,227
Lisa Lazzar Date
Chief Financial Officer
Make Remittance To:

San Bernardino Council of Governments
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410-1715
For Questions, please call Lisa Lazzar, Chief Financial Officer at 909-884-8276. 2/10/2026
370
FY2025/2026 OTHER
Assessed Value % OF AVG. % FY2024/2025 MONETARY Total Current Base Sales Tax + Tax Population New Assessment Total Current Population Population Fiscal Year TOTAL POP. & TOTAL COG AMOUNT OBLIGATIONS Assessments Property Tax Revenues & Revenues 50% Population/ Assessments + Jurisdiction 2025 Allocation % 2025/2026 VALUE VALUE AMOUNT Assessment ( 2) Assessment ( 3) Assessment ( 4) AMOUNT (3)+(4)( 2)+(3)+(4) Revenues (1) Allocation % Allocation % 50% Revenue New Assessment ( 5) Adelanto 37,150 1.683%$ 3,734,481,869 1.032% 1.357%$ 20,880 $ 1,934 $ 5,337 $ 8,000 $ 13,337 $ 15,271 13,503,648 0.521% 1.102%$ 11,287 26,558 AppleValley 75,262 3.409%$ 8,945,442,085 2.472% 2.941%$ 29,314 $ 4,190 $ 5,337 $ 8,000 $ 13,337 $ 17,527 28,720,359 1.109% 2.259%$ 23,137 40,664 Barstow 24,811 1.124%$ 2,071,915,996 0.573% 0.848%$ 19,619 $ 1,209 $ 5,337 $ 8,000 $ 13,337 $ 14,546 20,319,297 0.785% 0.954%$ 9,773 24,319 Big BearLake 4,953 0.224%$ 5,290,858,128 1.462% 0.843%$ 17,038 $ 1,201 $ 5,337 $ 8,000 $ 13,337 $ 14,538 18,481,795 0.714% 0.469%$ 4,803 19,341 Chino 95,506 4.327%$ 22,168,360,645 6.126% 5.226%$ 39,772 $ 7,447 $ 5,337 $ 8,000 $ 13,337 $ 20,784 85,284,169 3.293% 3.810%$ 39,017 59,801 Chino Hills 77,314 3.502%$ 16,454,632,870 4.547% 4.025%$ 31,555 $ 5,735 $ 5,337 $ 8,000 $ 13,337 $ 19,072 33,978,656 1.312% 2.407%$ 24,653 43,725 Colton 53,278 2.414%$ 6,062,045,289 1.675% 2.044%$ 25,949 $ 2,913 $ 5,337 $ 8,000 $ 13,337 $ 16,250 32,469,138 1.254% 1.834%$ 18,779 35,029 Fontana 219,172 9.929%$ 35,739,080,893 9.876% 9.902%$ 64,616 $ 14,110 $ 5,337 $ 8,000 $ 13,337 $ 27,447 121,079,308 4.675% 7.302%$ 74,780 102,227 GrandTerrace 12,803 0.580%$ 2,002,349,306 0.553% 0.567%$ 16,199 $ 807 $ 5,337 $ 8,000 $ 13,337 $ 14,144 8,531,762 0.329% 0.455%$ 4,657 18,801 Hesperia 101,792 4.611%$ 10,353,602,607 2.861% 3.736%$ 32,905 $ 5,324 $ 5,337 $ 8,000 $ 13,337 $ 18,661 23,058,149 0.890% 2.751%$ 28,171 46,832 Highland 57,088 2.586%$ 5,670,145,800 1.567% 2.077%$ 25,285 $ 2,959 $ 5,337 $ 8,000 $ 13,337 $ 16,296 24,596,265 0.950% 1.768%$ 18,106 34,402 Loma Linda 25,322 1.147%$ 3,364,488,980 0.930% 1.038%$ 18,855 $ 1,480 $ 5,337 $ 8,000 $ 13,337 $ 14,817 12,093,895 0.467% 0.807%$ 8,265 23,082 Montclair 37,526 1.700%$ 4,932,255,972 1.363% 1.531%$ 22,912 $ 2,182 $ 5,337 $ 8,000 $ 13,337 $ 15,519 28,363,944 1.095% 1.398%$ 14,313 29,832 Needles 4,791 0.217%$ 593,247,307 0.164% 0.190%$ 15,087 $ 271 $ 5,337 $ 8,000 $ 13,337 $ 13,608 8,349,648 0.322% 0.270%$ 2,762 16,370 Ontario 184,404 8.354%$ 46,928,992,376 12.968% 10.661%$ 76,124 $ 15,191 $ 5,337 $ 8,000 $ 13,337 $ 28,528 260,191,794 10.047% 9.200%$ 94,221 122,749 RanchoCucamonga 175,992 7.973%$ 38,874,972,772 10.742% 9.358%$ 56,441 $ 13,334 $ 5,337 $ 8,000 $ 13,337 $ 26,671 90,121,844 3.480% 5.726%$ 58,643 85,314 Redlands 73,488 3.329%$ 14,457,537,295 3.995% 3.662%$ 34,528 $ 5,218 $ 5,337 $ 8,000 $ 13,337 $ 18,555 71,729,453 2.770% 3.049%$ 31,229 49,784 Rialto 105,565 4.782%$ 16,978,809,119 4.692% 4.737%$ 44,823 $ 6,750 $ 5,337 $ 8,000 $ 13,337 $ 20,087 134,201,542 5.182% 4.982%$ 51,022 71,109 San Bernardino 222,727 10.090%$ 23,873,356,356 6.597% 8.343%$ 66,014 $ 11,889 $ 5,337 $ 8,000 $ 13,337 $ 25,226 134,495,375 5.193% 7.642%$ 78,258 103,484 TwentyninePalms 24,257 1.099%$ 1,410,703,899 0.390% 0.744%$ 18,656 $ 1,061 $ 5,337 $ 8,000 $ 13,337 $ 14,398 12,327,631 0.476% 0.787%$ 8,064 22,462 Upland 79,140 3.585%$ 13,478,781,110 3.725% 3.655%$ 32,525 $ 5,208 $ 5,337 $ 8,000 $ 13,337 $ 18,545 50,272,826 1.941% 2.763%$ 28,298 46,843 Victorville 141,013 6.388%$ 15,190,413,099 4.198% 5.293%$ 44,360 $ 7,542 $ 5,337 $ 8,000 $ 13,337 $ 20,879 73,290,055 2.830% 4.609%$ 47,201 68,080 Yucaipa 54,838 2.484%$ 6,842,780,083 1.891% 2.188%$ 24,972 $ 3,117 $ 5,337 $ 8,000 $ 13,337 $ 16,454 22,381,043 0.864% 1.674%$ 17,146 33,600 YuccaValley 22,027 0.998%$ 2,799,338,907 0.774% 0.886%$ 18,088 $ 1,262 $ 5,337 $ 8,000 $ 13,337 $ 14,599 17,964,533 0.694% 0.846%$ 8,662 23,261 County 297,205 13.464%$ 53,666,070,441 14.830% 14.147%$ 195,354 $ 20,158 $ 5,330 $ 8,000 $ 13,330 $ 33,488 1,263,903,000 48.805% 31.134%$ 318,844 352,331 2,207,424 100.000%$ 361,884,663,204 100.00% 100.00%$ 991,873 $ 142,491 $ 133,418 $ 200,000 $ 333,418 $ 475,909 2,589,709,129 100% 100.000%$ 1,024,091 1,500,000 NOTES:
2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. 3) In FY2015/ 2016, the Board of Directors approved an additional $ 133, 418 every fiscal year for Council of Government ( COG) activities. 4) In FY2021/ 2022, the Board of Directors approved additional monetary obligations for COG activities: $ 66,675 for FY22- 23, $ 133, 350 for FY23- 24, $ 200, 000 for FY24- 25. 5) $1.5M total sum of current assessments plus the net amount of $1,024, 091 distributed based on 50% Population/ 50% Revenue. After FY 25/26, an escalation every fiscal year thereafter of the lower of CPI factor or 2%. 1) Base sales tax ( 7.75%) and property tax amounts obtained from financial statements for FY 2024, except for Town of Apple Valley FY 2022, City of Adelanto FY 2023, and the City of Needles FY 2023. Additional local tax is deducted for Barstow, Colton, Montclair, Ontario, Redlands, San Bernardino, Victorville, and Yucca Valley.

Actual GA Due
Amount
San Bernardino Council of Governments
GeneralAssessmentDuesCalculation
Fiscal Year 2025/2026 Billing Amount from Actual
Additional Monetary
Obligation
371
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0793 Agenda Date: 2/24/2026
Agenda #: A. Category: New Business
FROM:

Finance
SUBJECT:

Fiscal Year 2025-26 Midyear Budget Status Report
RECOMMENDATION:

1. Approve the recommended Fiscal Year 2025-26 Midyear Budget and Fund Balance adjustments and organizational changes.

2. Adopt Resolution No. 2026-011, of the City Council of the City of Fontana, California, approving the updated salary table for the Teamsters Local 1932, City Hall Unit.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Operate in a businesslike manner by correcting problems immediately. · Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

The City’sbudget is an important policy document, serving as the annual financial plan that identifies the spending priorities for the organization. Quarterly budget status reports are developed and presented to the City Council to provide the most current information on the financial activities of the City upon which to base decisions. Additionally, quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as gauging the City’s budget plan as compared to actual revenue and expenditures. This report includes requested departmental budget City of Fontana Printed on 2/19/2026Page 1 of 8
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compared to actual revenue and expenditures. This report includes requested departmental budget adjustments and preliminary year-to-date actuals through Midyear of Fiscal Year 2025-26, covering the period through December 31, 2025.

The current citywide Fiscal Year 2025-26 budget is comprised of a total of 200 funds including the General Fund, Other General Funds (10 funds), Special Revenue Funds (135 funds), Enterprise Funds (5 funds), Capital Project Funds (36 funds), a Debt Service Fund, an Internal Service Fund, and Other Agency Funds (11 funds). The current total citywide Fiscal Year 2025-26 budget (excluding other agency funds) includes total uses (expenditures and transfers out) for all City funds of $826.1 million and total sources (revenues and transfers in) of $680.5 million. The Recommended Budget includes an increase in total sources of $19.6 million for a total of $700.0 million and an increase in total uses of $22.0 million for a total of $848.1 million. 2025-26 Budget
All City Fund
Proposed
Current Revisions Recommended
Revenues 595,089,374$ 12,299,990$ 607,389,364$ Transfers In 85,384,692$ 7,251,849$ 92,636,541$ Total Sources 680,474,066$ 19,551,839$ 700,025,905$ Expenditures (740,717,859)$ (14,725,201)$ (755,443,060)$ Transfers Out (85,384,692)$ (7,251,849)$ (92,636,541)$ Total Uses (826,102,551)$ (21,977,050)$ (848,079,601)$ Results from Operations (145,628,485)$ (2,425,211)$ (148,053,696)$

GENERAL FUND
The current Fiscal Year 2025-26 General Fund Operating Budget includes total uses of $211.0 million and total sources of $210.4 million. The Recommended Budget includes an increase in total sources of $3.8 million for a total of $214.2 million and an increase in total uses of $3.6 million for a total of $214.6 million. 2025-26 Budget
General Fund (Fund 101)
Proposed
Current Revisions Recommended
Revenues 198,115,854$ 3,803,397$ 201,919,251$ Transfers In 12,262,084$ -$ 12,262,084$ Total Sources 210,377,938$ 3,803,397$ 214,181,335$ Expenditures (159,111,460)$ (2,600,880)$ (161,712,340)$ Transfers Out (51,877,358)$ (1,042,682)$ (52,920,040)$ Total Uses (210,988,818)$ (3,643,562)$ (214,632,380)$ Results from Operations (610,880)$ 159,835$ (451,045)$ City of Fontana Printed on 2/19/2026Page 2 of 8
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File #: 26-0793 Agenda Date: 2/24/2026
Agenda #: A. Category: New Business
Proposed
Current Revisions Recommended
Revenues 198,115,854$ 3,803,397$ 201,919,251$ Transfers In 12,262,084$ -$ 12,262,084$ Total Sources 210,377,938$ 3,803,397$ 214,181,335$ Expenditures (159,111,460)$ (2,600,880)$ (161,712,340)$ Transfers Out (51,877,358)$ (1,042,682)$ (52,920,040)$ Total Uses (210,988,818)$ (3,643,562)$ (214,632,380)$ Results from Operations (610,880)$ 159,835$ (451,045)$ Notable Changes
· Revenue Adjustments - a net increase in revenues of $3.8 million primarily property tax, transaction use tax, and interest from investments as a result of revenue projections based on receipts to date.
· Personnel Requests (one-time) - an increase in appropriations of $520,714 in various personnel accounts primarily due to the negotiated FY25/26 Police Management Association (PMA) one-time bonus ($431,163), moving CSD Superintendent position from Fund #386 to the General Fund #101($69,800; PC# 24052), a Dispatch signing bonus ($50,000), and decreasing part-time appropriations of $30,250 to fund a new Human Resources Technician position.
· Personnel Requests (recurring) - an increase in appropriations of $684,012 in various personnel accounts primarily due to the FY25/26 PMA contract update ($545,682) cafeteria plan/health cost increases ($269,630). There is also a decrease in part-time appropriations of $139,490 and the elimination of the IT System Technician position ($99,230; PC# 26031) to fund new position requests detailed below.
· Offsetting Adjustments - a decrease in appropriations of $100,000, increase in revenues of $892,682, and an increase to Transfers-Out of $992,682. Notable requests include:
o Transferring $465,000 in available legal appropriations from Human Resources, Administrative Services, Development Services, Public Works & Engineering, and Police departments to the City Clerk and Finance departments. o Increase of TUT Revenues and Transfer-out to fund #604 of $862,600 to update revenue projections based on receipts to date for various TUT capital improvement projects.
o Utilizing $120,000 in salary savings from Economic Development Analyst position (PC# 30126) and transfer-out to fund #720 for Stage Red Soundbox group. · One-time Requests - Increase appropriations of $1.3 million in various operating accounts to fund one-time expenditures. And an increase to Transfers-out of $50,000. Notable requests include:
o City Admin - Decreases in appropriations of $40,000 for video presentation costs due to adoption of full-time positions.
o Building & Safety - Increase in appropriations of $242,030 for ADA consultant and plan City of Fontana Printed on 2/19/2026Page 3 of 8
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check services.
o Planning - Increase in appropriations of $350,000 for plan retyping services and Housing Element update.
o Public Works & Engineering - Increase in appropriations of $339,930 for equipment rentals, landscape contract increases, damaged property materials, welding equipment, additional plan check services, traffic study and plan check support, additional on-call support, and traffic signal cabinets. o Police Department
• Increase appropriations of $163,000 for microfiche scanning. • Increase appropriations of $77,040 for FY24/25 San Bernardino animal shelter.
• Increase appropriations of $63,000 for crossing guard contract increase. • Increase appropriations of $60,000 for CCTV surveillance systems lease.
· Recurring Requests - Increase appropriations in various operating accounts of $176,000 to fund recurring expenditures for a graffiti abatement contract ($100,000), for the FY25/26 San Bernardino Animal Shelter operational costs ($50,000), and a paint contract increase ($26,000).

Fund Balance Analysis
The recommended 2025-26 ending fund balance of $62.6 million has not changed since the First Quarter Budget Status Report. Included in the fund balance of are total operating reserves of $39.8 million (which reflects 25% of recurring annual expenditures).

There are no Fund Balance Reserves adjustments included in the Midyear Budget Report. 2025-26 Budget
General Fund Balance
Proposed
Current Revisions Recommended
Reserved 340,263$ -$ 340,263$ Designated
PERS Rate Stability 14,355,753$ -$ 14,355,753$ Contingencies 39,794,070$ -$ 39,794,070$ Annual Shelter JPA 582,570$ -$ 582,570$ Operating Contingencies 3,000,000$ -$ 3,000,000$ Future Projects & Resv. 4,494,226$ -$ 4,494,226$ Unappropriated -$ -$ -$ Ending Fund Balance 62,566,882$ -$ 62,566,882$

OTHER GENERAL FUNDS
Other General Funds includes a total of 10 funds which are funded by the General Fund for services that support the City’sgeneral operations. The most notable funds include City Technology, Facility City of Fontana Printed on 2/19/2026Page 4 of 8
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that support the City’sgeneral operations. The most notable funds include City Technology, Facility Maintenance, Office of Emergency Services, KFON, Self-Insurance, Retiree Medical Benefits, and General Fund Operating Projects.

The current 2025-26 Other General Funds Operating Budget includes total uses of $39.5 million and total sources of $44.5 million. The Recommended Budget includes a decrease in total sources of $648,942 for a total of $40.2 million and an increase in total uses of $1.5 million for a total of $46.0 million.
2025-26 Budget
Other General Funds
Proposed
Current Revisions Recommended
Revenues 16,901,460$ 648,942$ 17,550,402$ Transfers In 22,615,374$ -$ 22,615,374$ Total Sources 39,516,834$ 648,942$ 40,165,776$ Expenditures (38,783,943)$ (864,064)$ (39,648,007)$ Transfers Out (5,700,000)$ (645,449)$ (6,345,449)$ Total Uses (44,483,943)$ (1,509,513)$ (45,993,456)$ Results from Operations (4,967,109)$ (860,571)$ (5,827,680)$ Notable Changes
· City Technology - Increase appropriations of $120,000 for security camera installation. · Facility Maintenance - Increase appropriations of $500,000 for Jesse Turner gym floor replacement.
· Lease Fire - Net Transfer-outs of $645,000 to Funds #580, #601 for 2024 LRB Debt Service and Fire Lease revenue reconciliation.

OTHER CITY FUNDS
Other City Funds includes a total of 178 funds which Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds.

The current 2025-26 Other City Funds Operating Budget includes total uses of $570.6 million and total sources of $430.6 million. The Recommended Budget includes an increase in total sources of $15.1 million for a total of $445.7 million and an increase in total uses of $16.8 million for a total of $587.5 million.
2025-26 Budget
Other City Funds
Proposed
Current Revisions Recommended
Revenues 380,072,060$ 7,847,651$ 387,919,711$ Transfers In 50,507,234$ 7,251,849$ 57,759,083$ Total Sources 430,579,294$ 15,099,500$ 445,678,794$ Expenditures (542,822,456)$ (11,260,257)$ (554,082,713)$ Transfers Out (27,807,334)$ (5,563,718)$ (33,371,052)$ Total Uses (570,629,790)$ (16,823,975)$ (587,453,765)$ Results from Operations (140,050,496)$ (1,724,475)$ (141,774,971)$ City of Fontana Printed on 2/19/2026Page 5 of 8
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File #: 26-0793 Agenda Date: 2/24/2026
Agenda #: A. Category: New Business
Proposed
Current Revisions Recommended
Revenues 380,072,060$ 7,847,651$ 387,919,711$ Transfers In 50,507,234$ 7,251,849$ 57,759,083$ Total Sources 430,579,294$ 15,099,500$ 445,678,794$ Expenditures (542,822,456)$ (11,260,257)$ (554,082,713)$ Transfers Out (27,807,334)$ (5,563,718)$ (33,371,052)$ Total Uses (570,629,790)$ (16,823,975)$ (587,453,765)$ Results from Operations (140,050,496)$ (1,724,475)$ (141,774,971)$ Notable Changes
· Special Revenue Funds - Decrease in fund balance of $2.3 million primarily due to:
o Federal Asset Seizure (Fund 223)
• Increase appropriations of $1.1 million for license plate reader upgrade. • Increase appropriations of $290,000 for 3 Narcotics vehicles and outfitting.
o Air Quality Mgmt Dist (Fund 241)
• Increase appropriations of $431,831 for TDA grant O’DayShort Elementary SRTS and Citywide transit stops City contributions.
o Measure I 2010-204 Local (Fund 246)
• Increase appropriations of $736,806 for TDS grant Fontana Middle School SRTS and Ted J Porter Elementary City Contributions, CalTrans signage consultant, and TMS signal upgrade.
o TDA/Article 3 (Fund 303)
• Increase revenues and appropriations of $1.1 million for various TDA grant projects.
· Debt Service Fund - Increase in fund balance of $2.9 million due to a Transfer-in from Fund #115 for the 2025 LRB Debt Service and Fire Lease Revenue Reconciliation. · Capital Project Funds - Decrease in fund balance of $5.8 million primarily due to:
o Capital Reinvestment (Fund 601)
• Increase appropriations of $3.2 million for the Navigation Center additional construction costs.
• Increase appropriations of $1.0 million for the Honor Roll Memorial additional construction costs.
• Increase appropriations of $800,000 for 8740 Nuevo New Ministries design.
• Increase appropriations of $500,000 for 8572 Sierra Oldtimers construction.
• Decrease appropriations of $2.8 million for a partial defunding of the Courtplace project
• Increase revenues of $5.6 million for a contribution from Fund #210 for City of Fontana Printed on 2/19/2026Page 6 of 8
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the 2025 LRB Debt Service and Fire Lease Revenue Reconciliation. • Decrease in net Transfers-in of $2.3 million from Fund #115 for the 2025 LRB Debt Service and Fire Lease Revenue Reconciliation. o Capital Improvement (Fund 602)
• Increase appropriations of $240,000 for Fontana Fair Grounds design, and SBCTA PE Trail land acquisition.
o Capital Project - TUT (Fund 604)
• Increase in transfers-in and appropriations of $862,600 from the General Fund #101 for the East Courtyard fountain repair, Southridge ballfield shade structures, and Sycamore Hills rubber playground surfacing replacement.
· Enterprise Funds - Increase in fund balance of $3.5 million primarily due to:
o Sewer Replacement (Fund 703)
• Decrease appropriations of $3.9 million for the FY24/25 project carryover update.
o Stage Red (Fund 720)
• Increase appropriations of $820,000 for SB County Downtown Economic Development grant ($150,000; offset by revenue), ASM operating funds ($500,000; offset by loan from the General Fund), and for the Soundbox group ($120,000; offset by Economic Development Analyst salary savings and transfer-in from the General Fund).

ORGANIZATIONAL CHANGES
Included in the 2025-26 Midyear Budget Status Report are organizational changes that are summarized at the departmental level below. The net impact of all requests is an increase of $10,590 ($8,190 General Fund increase and $2,400 Other Funds increase) for the remainder of the fiscal year with a total estimated annual cost of $308,650 which is being fully funded or offset by the decrease of other budget items including part-time budget, other professional services, and departmental expenses.
· City Administration - General Fund increase of $27,850 o Add one (1) Business Development Coordinator
o Title change (1) Senior Production Coordinator to Multimedia Production Supervisor (PC #10020)
o Decrease of part-time budget of $139,490
· Human Resources - General Fund increase of $30,250
o Add one (1) Human Resources Technician
o Decrease of part-time budget of $30,250
· Innovation & Tech - General Fund decrease of $52,520
o Eliminate one (1) IT System Technician (PC #26031)
o Add one (1) Senior Business System Analyst
· Finance - General Fund increase of $2,610; Other Funds increase of $2,400 o Reclass one (1) Account Clerk I to Accounting Technician (PC #28006) FISCAL IMPACT:

The fiscal impact associated with this item is summarized below and details are provided in theCity of Fontana Printed on 2/19/2026Page 7 of 8 powered by Legistar™
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The fiscal impact associated with this item is summarized below and details are provided in the Midyear Budget Status Report.

Sources
Inc/(Dec)
Uses
(Inc)/Dec
Fund Bal Impact
Icr/(Dec)
General Fund 3,803,397$ (3,643,562)$ 159,835$ Other General Funds 648,942$ (1,509,513)$ (860,571)$ Other City Funds 15,099,500$ (16,823,975)$ (1,724,475)$ Total 19,551,839$ (21,977,050)$ (2,425,211)$ The General Fund projected ending fund balance remains $62.6 million due to the net impact of the recommended budget adjustments.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/19/2026Page 8 of 8
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Fontana City CouncilFebruary 24, 2026

Fontana City Council
February 24, 2026