Agenda packet — Fontana City Council, September 8, 2026 (part 2 of 4)

FINAL FY 2026 - 2027 BUDGET AND COST SHARING ALLOCATION 26-27 BUDGET 25-26 BUDGET 24-25 Actual Exp
TASK 1 - ADMINISTRATION (RLF - 099 - F01343)
1a F01343 150,000.00$ 150,000.00 $ 93,512.88 $ 1b F01343 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 90,090.00 $ 90,090.00 $ 56,188.25 $ 1c F01343 Motor Pool 500.00$ 500.00 $ - $ 1d F01343 Administrative Supplies (including materials and expenses) 2,000.00$ 2,000.00 $ 64.32 $ 1e F01343 County Counsel (review of RFP, RFQ, Agreements, letters and other regulatory opinion) 60,000.00 $ 60,000.00 $ 22,082.42 $ 1f F01343 State and Local Permit Implementation Efforts SubTotal Task 1 - Administration 302,590$ 302,590 $ 171,848 $ TASK 2 - PUBLIC EDUCATION PROGRAM (RLF - 099 - F02399)
2a F02399 Labor (attend subcommittee meetings, document preparation and review, contract management) 10,000.00 $ 10,000.00 $ 2,255.86 $ 2b F02399 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 6,006.00 $ 6,006.00 $ 1,354.87 $ 2c F02399 Motor Pool 250.00$ 250.00 $ - $ 2d F02399 Outreach Assistance - (SGA, Contract No. 20-544; Expires FY 2024 - 2025) 300,000.00 $ 300,000.00 $ 274,870.80 $ SubTotal Task 2 - Public Education Program 316,256$ 316,256 $ 278,482 $ TASK 3 - AREAWIDE PROGRAM TRAINING ACTIVITIES (RLF - 099 - F02398) 3a F02398 Labor (attend subcommittee meetings, document preparation and review, contract management) 8,000.00 $ 8,000.00 $ 1,811.82 $ 3b F02398 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 4,804.80 $ 4,804.80 $ 1,088.18 $ 3c F02398 Motor Pool 250.00$ 250.00 $ 96.00 $ 3d F02398 NPDES Training Events (Contracts TBD) 40,000.00$ 40,000.00 $ 9,710.62 $ 3e F02398 Web-Cast Training Events for Permittee participation 5,000.00$ 5,000.00 $ - $ 3f F02398 Miscellaneous Training Items -$
SubTotal Task 3 - Training Activities 58,055$ 58,055 $ 12,707 $ TASK 4 - AREAWIDE MONITORING PROGRAM (RLF - 099 - F01777) 4a F01777 Labor (contract management, review data from laboratory, RFP prep, document review) 30,000.00 $ 30,000.00 $ 5,796.89 $ 4b F01777 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 18,018.00 $ 18,018.00 $ 3,481.61 $ 4c F01777 Motor Pool 250.00$ 250.00 $ - $ 4d F01777 Sampling Activities - (WSP, Contract No. 4400025853; Expires FY 2028-2029) 105,000.00 $ 105,000.00 $ 74,386.24 $ 4e F01777 Laboratory Analyses - (BSK Labs, Contract No. 24-624; Expires FY 2028-2029) 100,000.00 $ 100,000.00 $ 68,114.45 $ 4f F01777 Hydromodification Monitoring -$ - $ - $ 4g F01777 Capital Equipment Purchase / Miscell aneous sampling materials / Maintenance 2,500.00 $ 2,500.00 $ 258.13 $ 4h F01777 Consulting Assistance - IWMP, Permit renewal assistance (Contract TBD) 40,000.00$ 40,000.00 $ - $ 4i F01777 Bioassessment Monitoring (WSP, Contract No. 4400021536; Expires FY 2026-2027) 150,000.00 $ 150,000.00 $ 22,868.60 $ SubTotal Task 4 - Areawide Monitoring 445,768$ 445,768 $ 174,906 $ Labor (Coordination, host management meetings, represent program at meetings, clerical) 205

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FINAL FY 2026 - 2027 BUDGET AND COST SHARING ALLOCATION 26-27 BUDGET 25-26 BUDGET 24-25 Actual Exp
TASK 5 - MIDDLE SANTA ANA RIVER BACTERIA TMDL IMPLMENTATION (RLF - 099 - F01778) 5a F01778 Labor (representation at task force and subcommittee meetings, contract management, report review) 30,000.00 $ 30,000.00 $ 2,217.31 $ 5b F01778 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 18,018.00 $ 18,018.00 $ 1,331.72 $ 5c F01778 Motor Pool 250.00$ 250.00 $ - $ 5d F01778 $ 106,958.00 $ 202,358.00 $ 113,447.00 5e F01778 Sampling Activities - (Consultant and Contract TBD) -$ - $ - $ 5f F01778 Laboratory Analyses - (Contract TBD; covered under CBRP) -$ - $ - $ SubTotal Task 5 - MSAR TMDL Monitoring Program 155,226$ 250,626 $ 116,996 $ TASK 6 - BIG BEAR LAKE NUTRIENT TMDL IMPLEMENTATION (RLF - 099 - F01779) 6a F01779 12,500.00$ 12,500.00 $ 2,454.78 $ 6b F01779 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 7,507.50 $ 7,507.50 $ 1,474.34 $ 6c F01779 Motor Pool 500.00$ 500.00 $ 32.00 $ 6d F01779 In-Lake Sampling Activities - BBMWD (Contract No. 4400022702, expires FY27-28) 50,000.00 $ 50,000.00 $ 37,012.44 $ 6e F01779 Laboratory Analyses - (BSK Labs, Contract No. 24-624; Expires FY 2028-2029) 120,000.00 $ 120,000.00 $ 80,735.50 $ 6f F01779 BBL Annual Report Preparation (CGRME, PO#) 30,000.00$ 30,000.00 $ 24,853.00 $ 6g F01779 TMDL Implementation Support (CGRME, PO#) 25,000.00$ 25,000.00 $ 1,356.25 $ 6h F01779 BBL Alum Application 800,000.00$
SubTotal Task 6 - BBL TMDL Program 1,045,508$ 245,508 $ 147,918 $ TASK 7 - WATERSHED ACTION PLAN PREPARATION AND IMPLEMENTATION (RLF - 099 - F02390) 7a F02390 Labor (attend subcommittee meetings, document preparation and review, contract management) - $ - $ - $ 7b F02390 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) - $ - $ - $ 7c F02390 Motor Pool -$ - $ - $ 7d F02390 WAP Update, WMP development -$ - $ - $ SubTotal Task 7 - WAP Preparation / Implementation Activities -$ - $ - $ `
TASK 8 - WATERSHED ACTION PLAN ONLINE GEODATABASE PROGRAM (RLF - 099 - F02393) 8a F02393 Labor (attend subcommittee meetings, document preparation and review, contract management) 30,000.00 $ 30,000.00 $ - $ 8b F02393 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 18,018.00 $ 18,018.00 $ - $ 8c F02393 Motor Pool 250.00$ 250.00 $ - $ 8d F02393 GeoDatabase Updating and Technical Support (CWE Agreement No. 19-815) -$ - $ - $ 8e F02393 ESRI License Renewal for Geodatabase (County ISD) -$ 5,500.00$ - $ 8f F02393 WAP GeoDatabase Hosting (County ISD) -$ 3,500.00$ - $ SubTotal Task 8 - WAP GeoDatabase 48,268$ 57,268 $ - $ TASK 9 - MS4 SOFTWARE SYSTEM (RLF - 099 - F01782)
9a F01782 Labor (attend subcommittee meetings, document preparation and review, contract management) - $ - $ - $ 9b F01782 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) - $ - $ - $ 9c F01782 Motor Pool -$ - $ - $ 9d F01782 Server and Website Technical Support -$ - $ - $ 9e F01782 MS4 Software System Upgrades (CloudCompli additions) -$ - $ - $ 9f F01782 MS4 Server Hosting - County ISD (old "database") -$ - $ - $ 9g F01782 New MS4 Software System (CloudCompli, Contract 18-584, FY18-19 thru FY22-23 ) Contract 8/6/2023 - $ - $ - $ 9h F01782 Database Assistance -$ - $ - $ SubTotal Task 9 - MS4 Software System -$ - $ - $ MSAR TMDL Contributions to SAWPA to adminster the TMDL program for watershed stakeholders Labor (attend subcommittee meetings, document preparation and review, contract management) 206

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FINAL FY 2026 - 2027 BUDGET AND COST SHARING ALLOCATION 26-27 BUDGET 25-26 BUDGET 24-25 Actual Exp
TASK 10 - ANNUAL AREAWIDE PROGRAM REPORT PREPARATION (RLF - 099 - F02385) 10a F02385 Labor (coordinate and gather all data, document preparation and review, presentation at committee meetings,contract management) 12,000.00$ 12,000.00 $ 1,748.21 $ 10b F02385 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 7,207.20 $ 7,207.20 $ 1,049.97 $ 10c F02385 Motor Pool 100.00$ 100.00 $ 34.84 $ 10d F02385 Report Preparation (On-Call/TBD) 150,000.00$ 120,000.00 $ 75,772.57 $ 10e F02385 On-Call Consultant Assistance (TBD) 15,000.00$ 15,000.00 $ - $ SubTask 10 - Annual Report Preparation 184,307$ 154,307 $ 78,606 $ TASK 11 - PARTICIPATION IN STATEWIDE STORMWATER ISSUES - CASQA (RLF - 099 - F02401) 11a F02401 Labor (representation at CASQA subcom meetings, + quarterly and annual meetings) 10,000.00 $ 10,000.00 $ 3,970.99 $ 11b F02401 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 6,006.00 $ 6,006.00 $ 2,384.98 $ 11c F02401 Motor Pool 350.00$ 350.00 $ - $ 11d F02401 CASQA Conference Attendance Fee 17,500.00$ 17,500.00 $ 7,650.00 $ 11e F02401 Travel 4,500.00$ 4,500.00 $ 2,022.44 $ 11f F02401 CASQA Membership 42,113.00$ 35,000.00 $ 31,815.00 $ 11g F02401 CASQA Construction General Permit BMP Portal Subscription 450.00$ 450.00 $ - $ 11h F02401 CASQA Industrial General Permit BMP Portal Subscription 450.00$ 450.00 $ - $ SubTotal Task 11 - Participation in CASQA 81,369$ 74,256 $ 47,843 $ TASK 12 - LEGAL ASSISTANCE FOR TEST CLAIM (RLF - 099 - F02402) 12a F02402 Labor (Document preparation and review, contract management, attend meetings as needed) 5,000.00 $ 5,000.00 $ - $ 12b F02402 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 3,003.00 $ 3,003.00 $ - $ 12c F02402 Outside Counsel (Burhenn & Gest) 10,000.00$ 10,000.00 $ 12d F02402 Travel 2,000$ 2,000 $ - $ SubTotal Task 12 - Test Claim 20,003$ 20,003 $ - $ TASK 13 - PERMIT RENEWAL (RLF - 099 - 76F02509)
13a F02509 Labor (attend subcommittee meetings, document preparation and review, contract management) 75,000.00 $ 75,000.00 $ 70,155.98 $ 13b F02509 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 45,045.00 $ 45,045.00 $ 42,192.54 $ 13c F02509 Motor Pool 350.00$ 350.00 $ 469.00 $ 13d F02509 Outside Counsel (Duane Morris - through County Counsel) 350,000.00$ 350,000.00 $ 370,532.15 $ 13e F02509 Permit Development Assistance (Contracts TBD) 100,000.00$ 100,000.00 $ - $ 13f F02509 Permit Implementation/Technical Assistance (Contracts, POs TBD) 250,000.00$ 250,000.00 $ 71,144.08 $ (LWA, GEI-MSAR, CGRME-BBL)
13g F02509 New Permit Support 400,000.00$ 400,000.00 $ - $ SubTotal Task 13 - Permit Renewal 1,220,395$ 1,220,395 $ 554,494 $ 207

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FINAL FY 2026 - 2027 BUDGET AND COST SHARING ALLOCATION 26-27 BUDGET 25-26 BUDGET 24-25 Actual Exp
TASK 14 - STORMWATER MONITORING COALITION - SCCWRP (RLF - 099 - F01781) 14a F01781 Labor (attend subcommittee meetings, document preparation and review, contract mgmt) 18,000.00 $ 18,000.00 $ 3,293.13 $ 14b F01781 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 10,810.80 $ 10,810.80 $ 1,977.85 $ 14c F01781 Motor Pool 500.00$ 500.00 $ 10.72 $ 14d F01781 Cost Share Contribution 100,000.00$ 100,000.00 $ 67,553.00 $ SubTotal Task 14 - SMC / SCCWRP Activities 129,311$ 129,311 $ 72,835 $ TASK 15 - STORMWATER QUALITY TASK FORCE - SAWPA (RLF - 099 - F01780) 15a F01780 Labor (attend subcommittee meetings, document preparation and review, contract mgmt) 5,000.00 $ 5,000.00 $ 511.68 $ 15b F01780 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 3,003.00 $ 3,003.00 $ 307.32 $ 15c F01780 Motor Pool 250.00$ 250.00 $ - $ 15d F01780 Task Force Contribution - SAWPA (Contract 16-949) 165,040.00$ 181,707.00 $ 158,207.00 $ 15e F01780 Travel -$ - $ - $ SubTotal Task 15 173,293$ 189,960 $ 159,026 $ TASK 16 - CBRP ACTIVITIES (RLF - 099 - F02392)
16a F02392 Labor (sampling, transport, contract mgmt) 80,000.00$ 60,000.00 $ 28,852.83 $ 16b F02392 Overhead (60.06%= FY26-27 Proposed, 60.06% FY25-26 Actual, 60.06% FY24-25 Actual) 48,048.00 $ 36,036.00 $ 17,329.01 $ 16c F02392 Motor Pool 2,500.00$ 2,500.00 $ 1,514.52 $ 16d F02392 Laboratory Analyses - (BSK Labs, Contract No. 24-624; Expires FY 2028-2029) 15,000.00 $ 15,000.00 $ - $ 16e F02392 Laboratory Analysis - (Contract TBD) -$ - $ - $ 16f F02392 Photodocumentation of DWF dive rsion and infiltration (Contract TBD) 50,000.00$ 50,000.00 $ - $ 16g F02392 Special Study-WQ Monitoring; SAWPA (Contract 16-949, exp 6/30/2027) -$ - $ - $ 16h F02392 Permit Implementation Assistance (Contracts TBA) 60,000.00$ 60,000.00 $ - $ 16i F02392 CBRP Laboratory Analyses - (BSK Labs, C ontract No. 24-624; Expires FY 2028-2029) 50,000.00 $ 50,000.00 $ 47,172.50 $ 16j F02392 Miscellaneous Equipment 500.00$ 500.00 $ 511.92 $ SubTotal Task 16 306,048$ 274,036 $ 95,381 $ TASK 17 - RESERVED
SubTotal Task 17 -$ - $ TASK 18 - RESERVED
SubTotal Task 18 -$ - $ TASK 19 - RESERVED
SubTotal Task 19 -$ - $ Program Costs Subtotal 4,486,396.30 $ 3,738,338.30 $ 1,911,040.51 $ TASK 20 - CONTINGENCY
20a Contingency (10% of Total Program Costs) 448,640$ 373,834 $ SubTotal Task 20 - Contingency 448,640$ 373,834 $ - $ 208

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FINAL FY 2026 - 2027 BUDGET AND COST SHARING ALLOCATION 26-27 BUDGET 25-26 BUDGET 24-25 Actual Exp
TOTAL OF ALL TASKS 4,935,036.00$ 4,112,172.00 $ 1,911,040.51 $

REVENUE - MISCELLANEOUS
R1 Interest Revenue 30,000.00$ 30,000.00 $ 216,899.00 $ R2 Estimated Usage of Reserve of Fund Balance 1,500,000.00$ 500,000.00 $ R3 FY 25-26 Budget Carryover, ESTIMATED 750,000.00$ 250,000.00 $ SubTotal REVENUE - MISCELLANEOUS 2,280,000$ 780,000 $ 216,899 $

FUNDING - PRINCIPAL AND CO-PERMITTEES
Total Amount to be funded (Total Tasks Budget less Revenue - Miscellaneous) 2,655,036 $ 3,332,172 $ 2026-27
Cost Share, % 2026-27 Contribution 2025-26
contribution 2024-25 contribution
F1 City of Big Bear Lake 1.33% 35,201 $ 54,318$ 51,469 $ F2 City of Chino 4.79% 127,254$ 164,286$ 156,540 $ F3 City of Chino Hills 5.33% 141,514$ 173,793$ 165,471 $ F4 City of Colton 3.16% 83,857 $ 114,436$ 109,096 $ F5 City of Fontana 9.36% 248,542$ 316,305$ 300,844 $ F6 City of Grand Terrace 1.25% 33,140 $ 55,313$ 52,623 $ F7 City of Highland 3.40% 90,149 $ 120,572$ 114,864 $ F8 City of Loma Linda 1.99% 52,943 $ 77,081$ 73,122 $ F9 City of Montclair 1.98% 52,458 $ 81,113$ 77,468 $ F10 City of Ontario 9.13% 242,485$ 299,915$ 284,771 $ F11 City of Rancho Cucamonga 8.32% 220,869 $ 278,191$ 264,849 $ F12 City of Redlands 5.25% 139,323$ 170,560$ 161,232 $ F13 City of Rialto 5.11% 135,797$ 177,594$ 168,878 $ F14 City of San Bernardino 10.54% 279,843$ 353,045$ 333,069 $ F15 City of Upland 3.78% 100,282$ 138,027$ 131,463 $ F16 City of Yucaipa 4.23% 112,300$ 139,686$ 132,550 $ F17 County of San Bernardino 16.06% 426,328 $ 451,327$ 427,581 $ F18 SB County Flood 5.00% 132,751$ 166,610$ 158,203 $ SubTotal FUNDING - PRINCIPAL AND CO-PERMITTEES, ESTIMTED 100% 2,655,036$ 3,332,172$ 3,164,093.00$ 209

1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1
STORMWATER PERMIT IMPLEMENTATION AGREEMENT 2
SANTA ANA REGION 3
4 5
This AGREEMENT entered into as of this _____ by San Bernardino County, (herein called the 6 COUNTY), the San Bernardino County Flood Control Di strict (herein called the DISTRICT), 7 and the Cities of Big Bear Lake, Chino, Chino Hills , Colton, Fontana, Grand Terrace, Highland, 8 Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, 9 and Yucaipa (herein called the CITIES) establishes the responsibilities of each party with respect 10 to compliance with National Pollutant Discharge Eli mination System (NPDES) Stormwater 11 regulations administered by the California Regional Water Quality Control Board, Santa Ana 12 Region (SARWQCB) by the authority granted by the fe deral Clean Water Act (CWA) and its 13 1987 amendments and the Water Quality Act (WQA). 14
15 RECITALS 16
17 WHEREAS, Congress in 1987 amended Section 402 of th e Federal Clean Water Act (33 18 U.S.C.A. 1342 (p)) to require the federal Environme ntal Protection Agency (EPA) to promulgate 19 regulations for applications for permits for stormwater discharges; and 20 21 WHEREAS, these permit regulations require the cont rol of pollutants from stormwater 22 discharges by requiring a National Pollutant Discha rge Elimination System (NPDES) Permit for 23 the discharge of stormwaters into waters of the United States; and 24 25 WHEREAS, these EPA regulations require NPDES permi ts for discharges from municipal 26 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 27 28 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 29 created the San Bernardino County Flood Control Dis trict to provide for the control of flood and 30 storm waters; and 31
32 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 33 Control Act include carrying on technical and other investigations, examinations, or tests of all 34 kinds, making measurements, collecting data, and ma king analyses, studies, and inspections 35 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 36 waste, and contamination of water both within and without the DISTRICT; and 37 38 WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement 39 an integrated stormwater discharge management progr am with the objective of improving water 40 quality in the Santa Ana Watershed portion of San Bernardino County; and 41 42 WHEREAS, the California State Water Resources Contr ol Board (SWRCB) as designee of the 43 EPA has delegated authority to the Regional Water Q uality Control Board – Santa Ana Region 44 (SARWQCB) for administration of the MS4 Permit prog ram and issuance of MS4 Permits 45 within the boundaries of their Region; and 46
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2 47
WHEREAS, the DISTRICT, COUNTY, and CITIES have bee n designated as joint permittees 48 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 49 50 WHEREAS, the DISTRICT has been designated as the Pr incipal Permittee in the MS4 Permit; 51 and 52
53 WHEREAS, the COUNTY and the CITIES have been design ated as the Co-permittees in the 54 MS4 Permit; and 55
56 WHEREAS, cooperation between the CITIES, the COUNTY , and the DISTRICT to jointly file 57 an application for the MS4 Permit is in the best in terest of the CITIES, the COUNTY, and the 58 DISTRICT; and 59
60 WHEREAS, the Permittees shall establish and maintai n a Management Committee to 61 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 62 Program across all jurisdictions covered by this MS4 Permit; and 63 64 NOW THEREFORE, the parties hereto do mutually agree as follows: 65 66 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 67 proceed separately by the SARWQCB) the application for an area-wide storm water 68 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 69 70 II. Management Committee. The DISTRICT, as Principa l Permittee, and COUNTY and 71 CITIES, as Co-permittees, shall support and facilit ate compliance with area-wide MS4 72 Permit requirements and implementation of the Storm water Management Program 73 through the workings of the Management Committee. T he responsibilities and structure 74 of this committee shall include: 75
76 A. The purpose of the Management Committee shall b e to develop policies, 77 (including goals, needs, and priorities) budgets, a nd implementation 78 strategies and plans for the area-wide Stormwater M anagement Program 79 to ensure compliance with the MS4 Permit. The Mana gement Committee 80 shall evaluate implementation options and strategie s and recommend 81 implementation actions to the DISTRICT. 82
83 B. Each Permittee shall designate in writing at lea st one authorized 84 representative and one alternate to participate on the Management 85 Committee. Management Committee designees and alt ernates shall be 86 authorized by their respective city council or governing board to cast votes 87 on behalf of their jurisdiction to determine Stormw ater Management 88 Program budgets and all other program elements requ ired to implement 89 the areawide Municipal Stormwater Management Plan (MSWMP). 90 91 211

3 C. The Principal Permittee shall serve as the chair person of the Management 92 Committee. 93
94 D. The Management Committee shall meet at the frequenc y required by the 95 MS4 Permit or on a quarterly basis. 96
97 E. Ten (10) authorized representatives present in pers on at a scheduled 98 meeting constitute a quorum for the transaction of business of the 99 Management Committee. If a quorum is not present a t a scheduled 100 Management Committee meeting, less than a quorum ma y adjourn the 101 meeting. For all Management Committee actions other than approval of 102 the budget as set forth in Section VII.C.1. of this AGREEMENT, a 103 majority vote of the quorum shall decide any questi on brought before the 104 Management Committee for decision. 105
106
F. The Management Committee shall support Stormwate r Management 107 Program implementation by providing guidance to the Principal Permittee 108 with respect to stormwater program administration a nd approving 109 elements of the area-wide MSWMP. 110
111
G. The Management Committee may establish subcommit tees to support the 112 work of the Management Committee. Subcommittees sh all include 113 interested members of the Management Committee, and/or other Permittee 114 staff with necessary expertise. Subcommittees may develop 115 recommendations for Management Committee considerat ion. Such 116 recommendations require majority approval by member s of the 117 subcommittee on a one vote per Permittee basis. 118
119
H. Approval of Management Committee decisions will require a majority 120 vote of the authorized representatives or alternate s in attendance, on a one 121 vote per Permittee basis. In the event that the Ma nagement Committee 122 does not approve a subcommittee recommendation, the item will be 123 directed back to the subcommittee for reconsideration. 124 125
I. All parties to this AGREEMENT achieve cost savin gs by working 126 collectively to implement the areawide stormwater program. To maximize 127 these cost savings, the Permittees agree that: 128
129

1. Each authorized representative shall actively pa rticipate in 130 Management Committee meetings; 131
132

2. Each Permittee shall actively participate in at least one 133 subcommittee, either through the authorized representative or other 134 authorized designee . Participation will be defined as attendance at 135 fifty percent (50%) or more of subcommittee meeting s held in a 136 given fiscal year. 137
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4 138
III. Principal Permittee Responsibilities.
139
140
The DISTRICT, acting through its Board of Superviso rs, is the Stormwater Program 141 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 142 responsibilities and shall be reimbursed for its ti me expended on behalf of the Stormwater 143 Program. These rates include actual hourly rate in cluding fringe benefits plus any other direct 144 cost(s). Materials are to be reimbursed at direct cost. 145 146
The DISTRICT, while acting as administrator, will s trive to implement the policies, budget, and 147 required program elements according to the recommen dations of the Management Committee. 148 In turn, the Management Committee will work in good faith with the DISTRICT to make 149 reasonable policy, budget and required program elem ent recommendations to the 150 DISTRICT. The Parties recognize and acknowledge, h owever, that the DISTRICT, as governed 151 by the San Bernardino County Flood Control District Board of Supervisors, retains final 152 authority regarding the nature and manner in which the recommendations of the Management 153 Committee shall be executed. 154
155
In the event that the DISTRICT proposes to impleme nt an approach different than the one 156 recommended by the Management Committee, the DISTRI CT's proposed alternative action shall 157 be communicated to the Management Committee at the next available meeting of the 158 Management Committee. If the Management Committee approves the alternative action, then 159 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 160 associated with that alternative action. If, in go od faith, the Management Committee does not 161 approve the alternative action, the DISTRICT may im plement the alternative action, but the 162 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 163 alternative action. This increased cost shall be m easured by the difference between the cost of 164 the alternative action and the estimated cost of th e action as reasonably recommended by the 165 Management Committee. 166
167
If the DISTRICT’S proposed alternative implementati on action involves an increase in program 168 costs, that alternative implementation action shall not be adopted until such time as each 169 authorized representative of the Management Committee has had 45 days to relay that alternative 170 implementation action to its various governing bodi es for approval. CITIES and COUNTY shall 171 have no responsibility for the incremental increase in cost associated with an alternative action 172 that is not approved by the Management Committee af ter 45 days has passed with the governing 173 bodies failing to approve the alternative implementation action. 174 175
The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 176 Management Program contracts and agreements with al l consultants, contractors, vendors or 177 other entities as recommended by the Management Committee. 178 179
The DISTRICT, if recommended by the Management Comm ittee, may act on behalf of the Co- 180 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 181 for any awarded grant funds.
182
183
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5 The DISTRICT, if recommended by the Management Comm ittee, will act on behalf of the 184 Stormwater Program as the contracting party and sig natory in joint agreements with other 185 municipal stormwater programs and stakeholders for regional benefits and cooperation. 186 187
As the Principal Permittee under the MS4 Permit, th e DISTRICT shall coordinate all area-wide 188 MS4 Permit activities and manage the Stormwater Management Program by: 189 190
A. Conducting chemical, biological and bacteriologi cal water quality 191 monitoring on behalf of the areawide program as req uired by the MS4 192 Permit. 193
194
B. Implementing management programs, monitoring pro grams, and related 195 plans as required by the MS4 Permit. 196
197
C. Preparing and submitting to the Executive Office r (SARWQCB) unified 198 reports, plans, and programs necessary to comply with the MS4 Permit. 199 200
D. Coordinating and conducting Management Committee meetings as 201 specified in the MSWMP. 202
203
E. Taking the lead role in initiating and developin g area-wide programs and 204 activities necessary to comply with the MS4 Permit. 205 206
F. Participating, as needed, in any subcommittees f ormed to facilitate MS4 207 Permit requirements. 208
209
G. Providing technical and administrative support a nd inform the Co- 210 permittees of the progress of other pertinent munic ipal programs, pilot 211 projects, research studies, and other information t o facilitate 212 implementation of Co-permittees’ stormwater program. 213 214
H. Coordinating the implementation of area-wide Sto rmwater Management 215 Program activities such as a monitoring program, pu blic education, and 216 pollution prevention. 217
218
I. Gathering and disseminating information on the p rogress of statewide 219 municipal stormwater programs and evaluate the info rmation for potential 220 use in the execution of the MS4 Permit. 221
222
J. Monitoring the implementation of the plans and p rograms required by the 223 MS4 Permit and determine their effectiveness in att aining water quality 224 standards. 225
226
K. Coordinating with SARWQCB activities pertaining to implementation of 227 the MS4 Permit, including the submittal of all requ ired reports, plans, and 228 programs. 229
214

6 230
L. Soliciting and coordinating public input for any major proposed 231 stormwater management programs and implementation plans. 232 233
M. Developing and implementing mechanisms, performa nce standards, etc., 234 to promote consistent implementation of Best Manage ment Practices 235 among the Permittees. 236
237
N. Cooperating in watershed management programs and regional and/or 238 statewide monitoring programs. 239
240
IV. Co-permittee Responsibilities. The Co-permittee s shall support the Principal Permittee 241
by: 242
243
A. Preparing and submitting to the Principal Permittee in a timely manner 244 all required information necessary to comply with p ermit reporting 245 requirements. Timely completion of Permittee annual report information 246 is considered meeting the deadline if received on o r before September 247 15 th of each reporting year. 248
B. Notifying the Principal Permittee immediately, in w riting, of any 249 changes to the designated representative to the Management Committee. 250 C. Reviewing and commenting on all plans, strategies, management 251 programs, and monitoring programs, as developed by the Principal 252 Permittee or a subcommittee of the Management Committee. 253 D. Conducting and/or coordinating with the Principal P ermittee on any 254 surveys or characterizations needed to identify pol lutant sources from 255 specific drainage areas. 256
257
V. Compliance Responsibilities. The DISTRICT, CO UNTY and CITIES are individually 258
responsible for implementing all MS4 Permit require ments within their respective 259 jurisdictions. The Management Committee does not as sume any responsibility for 260 implementing the Stormwater Management Programs for the Principal Permittee or any 261 other Permittee or for ensuring that the Principal Permittee or the Co-permittees 262 implement programs consistent with the recommendati ons of the Management 263 Committee. 264
265
VI. Indemnification and Insurance. Each party shal l indemnify, defend, and hold harmless 266
the other parties to this AGREEMENT from and agains t any and all liability and expense 267 arising from any act or omission of the indemnifyin g party, its authorized officers, 268 employees, agents, and volunteers in connection wit h the performance of this 269 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 270 fees, claims, actions, damages, liability, and caus es of action for damages of any nature 271 whatsoever; provided, however, that no party shall indemnify another party for that 272 party’s own negligence or willful misconduct. 273
215

7 274
In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 275 fault for any claim, action, loss or damage which r esults from their respective obligations 276 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 277 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 278 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 279 that any alleged negligence of the employee shall n ot be construed against the employer 280 of that employee. 281
282
The parties to this AGREEMENT are authorized self-i nsured public entities for purposes 283 of Professional Liability, Automobile Liability, Ge neral Liability, and Workers’ 284 Compensation and warrant that through their program s of self-insurance, they have 285 adequate coverage or resources to protect against l iabilities arising out of their 286 performance under this AGREEMENT. 287
288
VII. Program Costs. The responsibilities for payme nt of all shared costs of equipment, 289
services, contracted analytical services, and the c ost of implementing the MS4 Permit, 290 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows: 291 292
A. The DISTRICT shall contribute 5% of the annual P rogram Costs; the 293 other Permittees shall be responsible for the remai ning 95% of the 294 Program Costs. 295
296
B. The annual budget shall separate program costs i nto four Program Areas: 297 298

1. Monitoring , which shall include any water quality and 299 hydrographic monitoring and laboratory analyses. 300
301

2. Public Education , which shall include all public outreach programs. 302 303

3. Program Management & Regulatory Activities , which includes 304 administrative, reporting and regulatory activities. 305 306

4. Training , which addresses any training conducted to implement the 307 stormwater management program. 308
309
C. The Principal Permittee shall prepare and implem ent an annual operating 310 budget with the participation of the Permittees. Th e budget year shall 311 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 312 313

1. The Principal Permittee will forward the annual operating budget 314 for the forthcoming year to the Co-permittees for r eview and 315 approval. The review period shall be from the firs t business day of 316 November to the first business day of December of e ach year. 317 During the review period, the Co-permittees may pro vide written 318 comments on the budget to the Principal Permittee. The Fiscal 319 216

8 Subcommittee will review the comments on the budget and 320 endorse a draft budget for Management Committee app roval. The 321 Management Committee will consider the draft budget for 322 approval at the January meeting. An affirmative res ponse from a 323 majority of the total number of authorized represen tatives or 324 authorized alternates is required for approval. 325
326
D. For Fiscal Year 2025/26, the Permittees cost sha re shall be as follows: 327

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
E. For Fiscal Year 2026/27, and all subsequent fisc al years the Permittees 329 cost share shall be determined annually according t o the methodology 330 provided in Appendix A. 331
F. For Fiscal Year 2026/27, and all subsequent fisc al years, the Permittees 332 annual cost share shall be calculated by November 1 of each year and shall 333 be included in the annual budget proposal. 334
217

9 G. The DISTRICT shall invoice each CITY and the COU NTY for its annual 335 deposit after July 1, the start of the fiscal year. Each CITY and the 336 COUNTY shall pay the deposit within 60 days of the date of the invoice. 337 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 338 share of the approved annual budget, reduced for an y surplus identified in 339 the prior fiscal year-end accounting. 340
H. The DISTRICT shall make reasonable efforts to in form the Management 341 Committee during the fiscal year of potential excee dances of the approved 342 budget that may require the Parties to increase the deposits. If at any time 343 during a fiscal year the program costs exceed the s um of the deposits, the 344 DISTRICT shall submit invoices to the CITIES and th e COUNTY to 345 recover the deficit. The share for each CITY and th e COUNTY shall be 346 prorated according to the formula above (see Paragr aphs D and E of this 347 Section). Each CITY and COUNTY shall pay the invoic e within 60 days 348 of the billing date. 349
350
I. The DISTRICT shall prepare a fiscal year end acc ounting at the end of 351 each fiscal year and distribute copies to the Permi ttees for their review by 352 October 31 of that year. Permittees shall have 30 c alendar days from the 353 date of their receipt of the fiscal year end accoun ting to dispute in writing 354 or concur with the findings. If the fiscal year end accounting results in 355 costs exceeding the sum of the deposits (including interest earnings), the 356 DISTRICT shall invoice each CITY and the COUNTY for its prorated 357 share of the excess cost. Each CITY and the COUNTY shall pay the 358 billing within 60 days of the date of the invoice. If the fiscal year end 359 accounting results in the sum of the deposits (incl uding interest earnings) 360 exceeding costs, the excess deposits will carry for ward to reduce the 361 billings for the following year. 362
363
J. Upon termination of the program, a final account ing shall be performed by 364 the DISTRICT. If costs exceed the sum of the deposi ts (including interest 365 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 366 its prorated share of the excess. Each CITY and the COUNTY shall pay 367 the invoice within 60 days of the date of the invoi ce. If the sum of the 368 deposits (including interest earnings) exceeds the costs, the DISTRICT 369 shall reimburse to each CITY and the COUNTY its pro rated share of the 370 excess (including any interest earnings remaining), within 30 days of the 371 final accounting. 372
373
K. Each CITY and the COUNTY shall bear the financia l responsibility for 374 implementing the program within its jurisdictional boundaries, including 375 any applicable MS4 permit fees, as outlined in Section V. 376 377
218

10 L. The annual administrative costs (includes actual hourly rate including 378 fringe benefits plus any other direct cost) incurre d by the DISTRICT shall 379 be included in the budget for the Areawide Program Costs and paid 380 according to this Section, Section III and Appendix A. 381 382
M. The financial responsibility for this AGREEMENT will be effective on the 383 date this AGREEMENT takes effect. 384
385
VIII. Term of the AGREEMENT. The term of the AGREEM ENT coincides with the current 386
MS4 Permit (Order No. R8-2010-0036) and subsequent MS4 Permits that list the 387 DISTRICT, COUNTY, and the CITIES as Permittees. Th is AGREEMENT shall take 388 effect on the date it is approved by all parties. This AGREEMENT shall terminate upon 389 the effective date of a new implementation agreemen t approved by all parties which will 390 supersede this AGREEMENT. 391
392
IX. Additional Parties. Any city or other entity w hich wishes to be a Permittee on the San 393 Bernardino County MS4 Permit that was issued by SAR WQCB shall agree to the 394 provisions in this funding agreement and shall sign this AGREEMENT prior to being 395 included in the permit. The date of initiation, for determining participant costs for any 396 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 397 issued by SARWQCB. The cost for adding any addition al Permittee to the program, 398 including additional permit and processing fees, sh all be paid by the added Permittee. 399 Monies, if any, to be reimbursed to the existing Pe rmittees shall be credited to their 400 respective annual program operating fees for the following budget year. 401 402
X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 403
AGREEMENT at the end of any fiscal year with writte n notice being received by the 404 DISTRICT 1 year prior to the end of the fiscal year . A withdrawing Permittee will not be 405 allowed refunds for tasks, projects or studies alre ady underway in which funds have been 406 obligated for the fiscal year. 407
408
The withdrawing Permittee shall be responsible for all assessed penalties as a 409 consequence of withdrawal. The cost allocations to the remaining members will be 410 calculated in the following budget year. 411
412
XI. Breach. Failure to comply with the terms of th is AGREEMENT is a breach of the 413
agreement. If a breach is not cured within ninety (90) days after receiving a notice to 414 cure the breach by a permittee, permittee in breach may be terminated from this 415 AGREEMENT by a majority vote of the Management Committee. 416 417
XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non- 418
compliance with the conditions of the MS4 Permit wi thin their jurisdictional 419 responsibilities shall be solely liable for any ass essed penalties, pursuant to Section 420 13385 of the Water Code. Penalties that apply to al l the Permittees shall be assessed 421 according to the formula in Appendix A. 422
423
219

11 XIII. Legal Action/Costs/Attorney Fees. Where any l egal action is necessary to declare any 424 party’s rights hereunder or enforce any provision h ereof for any damages by reason of an 425 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 426 attorney’s fees and costs incurred in conjunction w ith such legal action regardless of who 427 is found to be the prevailing party. This section shall not apply to those costs and 428 attorney’s fees arising from any third party legal action against a party hereto and payable 429 under Section VI, Indemnification and Insurance. 430
431
XIV. Amendments to the AGREEMENT. This AGREEMENT m ay be amended by consent of 432
a three-quarters majority of the Permittees (rounde d to the nearest whole number). 433 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 434 become effective upon its execution by a majority of the Permittees as defined above. 435 436
XV. Authorized Signatories: Each Permittee will det ermine who will be the authorized 437
signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 438 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 439 440
XVI. Notices. All notices shall be deemed duly giv en if delivered by hand; or five (5) working 441
days after deposit in the U.S. Mail, certified mail, return receipt requested. 442 443
XVII. Governing Law. This AGREEMENT will be govern ed and construed in accordance with 444
laws of the State of California. If any provision o r provisions of this AGREEMENT shall 445 be held to be invalid, illegal or unenforceable, th e validity, legality, and enforceability of 446 the remaining provisions shall not in any way be af fected or impaired hereby. Any legal 447 action which arises out of or is in any way related to this AGREEMENT shall be brought 448 in the Superior Court of the San Bernardino County. 449 450
XVIII. Consent to Breach not Waiver. No term or pr ovision hereof shall be deemed waived and 451
no breach excused, unless such waiver or consent sh all be in writing and signed by any 452 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 453 breach by the other whether expressed or implied, s hall not constitute a consent to, 454 waiver of, or excuse for any other different or subsequent breach. 455 456
XIX. Reserved. 457
458
XX. Applicability of Prior Agreements. This docume nt constitutes the entire AGREEMENT 459
between the Permittees with respect to the subject matter; all prior agreements, 460 representation, statements, negotiations, and under takings are superseded hereby and 461 shall be deemed terminated upon the effective date of this AGREEMENT. 462 463
XXI. Execution of the AGREEMENT. This AGREEMENT ma y be executed in counterpart 464
and the signed counterparts shall constitute a sing le instrument. 465 466
XXII. No Separate Entity. This AGREEMENT establish ed a framework for PERMITTEE 467 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 468 create an entity separate from the local agencies that join in this cooperative effort. 469 220

12 470
IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day 471 and year first above written. 472
221

SIGNATURE PAGE FOR NPDES IMPLEMENTATION AGREEMENT SANTA ANA REGION

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Phillip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

_____________________________
Gia Kim
Public Works Director / City Engineer

IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Rakesha Thomas, Director of
Human Resources and Risk Management

222

13 APPENDIX A 473
474
A. The DISTRICT shall pay five percent (5%) of the total annual cost, and the COUNTY 475 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 476 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 477 478
B. The Permittees total annual cost share is the su m of the individual cost-shares calculated 479 for each Program Cost Area. 480
481
C. The Permittees annual cost share for each Progra m Cost Area (PCA i) shall be calculated 482
using three cost factors: 483
484

1. Base , which represents the percentage of the program co sts equally applied to all 485 Permittees. The base (B) fraction is calculated as follows: 486 487
B = 1/N, where N = number of Permittees 488
489

2. Relative Population , which represents the percentage of the program co sts based 490 on the relative population of each Permittee. Relat ive population (RP) of each 491 Permittee shall be calculated annually from annual population estimates issued by 492 the California Department of Finance (E-1 Table). 493
494
RP
i = (P i/P total ), where 495
496
RP
i = relative population of Permittee (i) 497
Pi = population of Permittee (i) 498
Ptotal = total population for area covered by the area-wi de permit 499 500

3. Relative Land Area , which represents the percentage of the program co sts based 501 on the relative land area of each Permittee. Relati ve Land Area (RLA) shall be 502 calculated as follows: 503
504
a. The calculation of relative land area within eac h Permittee’s jurisdiction 505 shall exclude land under tribal, state or federal j urisdiction, or any land 506 excluded by the State Water Resources Control Board . Any Permittee 507 seeking to exclude lands under this Section shall s pecifically request that 508 exclusion from the Principal Permittee by providing the request in writing 509 along with necessary documentation no later than Oc tober 1 to be 510 considered for inclusion in the next year’s annual budget. The requesting 511 Permittee has the burden of proving entitlement to any exemption so 512 requested. 513
514
b. The method for calculating relative land area sh all be determined from the 515 Assessor’s Parcel data provided by the COUNTY Infor mation Services 516 Department. 517
518
223

14 RLA i = (L i/L total ), where 519
RLA i =relative land area of Co-permittee (i) 520
Li = land area of Co-permittee (i), less excluded lan ds 521 Ltotal = total land area under permit jurisdiction 522 523
D. The Permittee’s cost share for each individual P rogram Cost Area is based on the relative 524 importance of the cost factors to the Program Cost Area. The cost share calculation for 525 each Program Cost Area is as follows: 526
527
PCA i = [(B * X i * AB i) + (RP i * Y i * AB i) + (RLA i * Z i * AB i)] 528 529
Where, 530
531
PCA
i = Permittee’s cost share for PCA i 532
AB i = Annual budget for PCA i 533
534
B = Base fraction for each Permittee 535
X
i = Percentage apportioned to the base for PCA i 536
537
RP
i = Relative population of Permittee( i) 538
Yi = Percentage apportioned to relative population f or PCA i 539 540
RLA
i = Relative land area of the Permittee( i) 541
Zi = Percentage apportioned to relative land are for PCA i 542 543
E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 544 calculated for each individual Program Cost Area: 545
546
Permittee’s annual cost share = PCA
1 + PCA 2 + PCA 3 + PCA 4 547
548
Table 1. Budget Year [DATE]
Program Cost Areas
(PCA i)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(X i)
Relative
Populatio
n (Y i)
Relative
Land
Area (Z i)
Monitoring (PCA 1) 10% 30% 60%
Public Education (PCA 2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA 3)
30% 50% 20%
Training (PCA 4) 30% 60% 10%
549
224
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1197 Agenda Date: 9/8/2026
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Donations January - June 2026
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The Fontana Police Department received various donations including foods, drinks, snack items, gift cards, various tickets to services & entertainment venues, miscellaneous household items, and monetary donations to charity. Please refer to the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $1,600 for National Night Out program, deposited to account #101.3301 · $670 for Holiday fund, deposited to account #101.3308 MOTION:

Approve staff recommendation.

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DATE DONOR ITEM APPROX VALUE REASON
1/9/2026 Citizen 3 x Cases of Celsius Energy drinks 90.00$ Law Enforcement Appreciation 1/14/2026 Volunteers for Veterans Foundation Misc. food items 150.00$ Community Outreach Program 1/23/2026 Assisvis Inc $100 Check #7258 100.00$ National Night Out 1/28/2026 Armada Towing Pallet of Keurig coffee cups 500.00$ Law Enforcement Appreciation 2/3/2026 Jack's Donuts Donuts 120.00$ Law Enforcement Appreciation 2/5/2026 Fontana Police Management Association $335 Check #2931 335.00$ Community Holiday Programs 2/5/2026 Fontana Police Benefit Association $335 Check #346 335.00$ Community Holiday Programs 2/11/2026 USS Midway Museum One family four pack tickets 164.00$ National Night Out 2/17/2026 Hadley's Tow Donuts and coffee 50.00$ Law Enforcement Appreciation 2/23/2026 StoneFire Grill 2 x $25 Gift Cards 50.00$ National Night Out 2/23/2026 Hope Reigns Foundation 4 Lower level tickets to 2026- 2027 game 200.00$ National Night Out
3/4/2026 Arrowhead Credit Union Food truck lunch 3,000.00$ Law Enforcement Appreciation 3/9/2026 4Imprint Miscellaneous items for
opportunity drawing 300.00$ National Night Out 3/17/2026 Kiwanis Club of Fontana Free St Patrick day lunch 1,000.00$ Law Enforcement Appreciation 4/7/2026 Volunteers for Veterans Foundation
Misc. food items; 2 walkers; 1
cane 200.00$ Community Outreach Program
4/23/2026 Volunteers for Veterans Foundation
Misc. food items; Girl Scout
Cookies 500.00$ Community Outreach Program
4/27/2026 Fiesta Village 4 x 2 Hour unlimited miniature golf 80.00$ National Night Out
5/14/2026 Volunteers for Veterans Foundation Sleeping bags, misc. food 250.00$ Community Outreach Program 5/18/2026 K1 Speed 2 x Races and license 75.00$ National Night Out 5/19/2026 Volunteers for Veterans Foundation Cane, misc food, shoes 150.00$ Community Outreach Program 5/26/2026 Papa John's Pizza 10 pizzas 150.00$ Law Enforcement Appreciation 6/2/2026 Citizen Cases of bottled water 50.00$ Law Enforcement Appreciation 6/9/2026 Loy Rogan Microwavable popcorn 50.00$ Law Enforcement Appreciation 6/10/2026 Angels Baseball Reid Detmers autographed
photo 70.00$ National Night Out
6/15/2026 Los Angeles Lakers Marcus Smart autographed
photo 80.00$ National Night Out
6/16/2026 Pizza Hut Pizza 100.00$ Law Enforcement Appreciation 6/16/2026 Fontana Water Company $1500 Check #41406 1,500.00$ National Night Out 6/17/2026 Volunteers for Veterans Foundation Hygiene items, shoes, misc. food 200.00$ Community Outreach Program 6/25/2026 Winchell's Donuts 2 Dozen donuts 40.00$ Law Enforcement Appreciation Total value of donated items 7,619.00$
Total checks/cash 2,270.00$
Grand Total 9,889.00$

DONATION LOG
226
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1200 Agenda Date: 9/8/2026
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Structural Truss repair at Fire Station No. 72
RECOMMENDATION:

Approve and award the bid to Vandert Construction, Inc. in the amount of $132,000.00 and authorize a 10% contingency in the amount of $13,200.00 to replace the damaged structural web truss at Fire Station No. 72 (PW-26-280-CC).

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

DISCUSSION:

Fontana Fire Station No. 72 requires critical structural repairs to its main roof truss system to ensure long-term facility safety and operational readiness. The City formally advertised the bid electronically at 2:00 PM on June 30, 2026, under Bid (PW-26-280-CC). Nine hundred ninety-seven (997) vendors were notified of the bid. Bid packets were downloaded/received by fifty-five (55) vendors, and we received eleven (11) bid responses. Forty-eight (48) Fontana vendors were notified. No Fontana vendor responses were received. Staff reviewed all submitted bids for responsiveness and technical compliance with city specifications. Vandert Construction, Inc. was determined to be the lowest responsible and responsive bidder with a base bid of $132,000.00. Purchasing recommends awarding the construction contract to Vandert Construction, Inc. to initiate immediate repairs and minimize station downtime.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $132,000.00 including a 10% contingency for a project total of $145,200.00. Funds are not included in the FY2026-27 budget and are being requested in the first quarter. All necessary budget adjustments will be included in the next quarterly FY2026-27 budget report in fund 61037317-8313.

MOTION:

Approve staff recommendation
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Bid Results
Fire Station No. 72 Structural Truss Repair Project
PW-26-280-CC

Vandert Construction Inc. $132,000.00
South El Monte, CA

Norse Corporation $155,692.00
Costa Mesa, CA

Leonida Builders, Inc. $185,000.00
Santa Clarita, CA

Gulati Construction Company $189,000.00
La Palma, CA

M. Brey, Inc. $192,842.00
Beaumont, CA

LM Rusmussen Construction $196,267.00
Alpine, CA

R Dependable Construction Inc. $199,957.00
San Bernardino, CA

Aguilar & Calderon Corp. $218,284.00
Whittier, CA
228
Bid Results
Fire Station No. 72 Structural Truss Repair Project
PW-26-280-CC

Ironwave Builders $284,614.00
Buena Park, CA

Sierra North Construction Inc. $290,310.00
Glendale, CA

First Trade $1,890,000.00
Irvine, CA
229
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City of Fontana
Fire Station No. 72 Structural Truss Repair Project (PW-26-280-CC), bidding on 06/30/2026 2:00 PM (PDT)

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Printed 06/30/2026
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250
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1203 Agenda Date: 9/8/2026
Agenda #: L. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Reinstatement of Resolution No. 2026-062, 2026-063, 2026-064, 2026-065, 2026-066, 2026-058.

RECOMMENDATION:

1. Adopt Reinstated Resolution No. 2026-062, 2026-063, 2026-064, 2026-065, 2026-066, 2026- 058, of the City Council of the City of Fontana, California.

2. Authorize the City Clerk to replace the previous resolution with the corrected version at the request of the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to include additional language.

COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
· Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing Green House Gas emissions.

DISCUSSION:

On June 23, 2026, the City Council conducted the duly noticed public hearing pursuant to State law to authorize the Fiscal Year 2026-27 annual levies. Following the public hearing, the City Council adopted the following resolutions: 2026-062, 2026-063, 2026-064, 2026-065, 2026-066, and 2026- 058 authorizing the levy of special tax within Community Facilities District No. 1 (Southridge Village) for Fiscal Year 2026-2027.

There are no other changes to the assessments, levies, or other provisions previously approved by the City Council. The reinstated resolutions are being presented solely to incorporate the additional language requested by the County and facilitate completion of the levy enrollment process.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/3/2026Page 1 of 1
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RESOLUTION NO. 2026-062

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

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 1 (“LMD #1” THROUGHOUT THE CITY) FOR FISCAL YEAR 2026-2027.

WHEREAS, on June 9, 2026, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2026-032 initiating proceedings for the levy and collection of assessments for Fiscal Year 2026-2027 for Landscape Maintenance District No. 1 (“LMD #1”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California (the “Act”), for the maintenance of landscaped areas; and

WHEREAS, the City Council has ordered the fili ng of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention ( Resolution No. 2026-033) approving the Engineer’s Report and decla ring the intention of t he City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, and

WHEREAS, in November 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and

WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Artic le, which exemptions include the following:

“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.”

“(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and

WHEREAS, LMD #1 assessments proposed for Fiscal Year 2026-2027 are exempt from Propositi on 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and

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WHEREAS, the adoption of this Resolution, a mong other things, is r equired in order to levy the proposed assessments for Fiscal Year 2026-2027 for LMD #1; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on June 23, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the d eduction of the County’ s administrative charges; there are no other changes contained in this Resolution.

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

Section 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expenses of maintaining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

Section 2. The City Council hereby confirms the diagram and assessment set forth in the Engineer’s Report for Fiscal Year 2026-2027 and orders the maintenance and servicing of the public landscaped improvements installed and constructed in the District in the City of Fontana.

Section 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

Section 4. The maintenance and servicing of the public landscaped areas shall be performed pursuant to law and the County Auditor of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

Section 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 1, City of Fontana.

Section 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection.
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Section 8. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is hereby directed to place the assessments on th e Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 9. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

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APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeti ng on the 8th day of September, 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

255

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RESOLUTION NO. 2026-063

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

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 2 (“LMD #2” VILLAGE OF HERITAGE) FOR FISCAL YEAR 2026-2027.

WHEREAS, on June 9, 2026, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2026-034 initiating proceedings for the levy and collection of assessments for Fiscal Year 2026-2027 for Landscape Maintenance District No. 2 (“LMD #2”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California (the “Act”), for the maintenance of landscaped areas; and

WHEREAS, the City Council has ordered the fili ng of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2026-035) approving the Engineer’s Report and decla ring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027; and

“(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and

WHEREAS, LMD #2 assessments proposed for Fiscal Year 2026-2027 are exempt from Propositi on 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and

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WHEREAS, LMD #2 assessments are further exe mpt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and

WHEREAS, the a doption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2026-2027 for LMD #2; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on June 23, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enr ollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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

Section 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expenses of m aintaining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

Section 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

Section 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 2, City of Fontana.

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Section 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 8. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 9. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administ rative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the C ity Council at a regular meeting on the 8th day of September, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

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ATTEST:

City Clerk
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RESOLUTION NO. 2026-064

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

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 3 (“LMD #3” HUNTER’S RIDGE) FOR FISCAL YEAR 2026-2027.

WHEREAS, on June 9, 2026, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2026-036 initiating proceedings for the levy and collection of assessments for Fiscal Year 2026-2027 for Landscape Maintenance District No. 3 (“LMD #3” ) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California (the “Act”), for the maintenance of landscaped areas; and

WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention ( Resolution No. 2026-037) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027; and

WHEREAS, in Nov ember 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and

“(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and

WHEREAS, LMD #3 assessments proposed for Fiscal Year 2026-2027 are exempt from Proposition 21 8 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and

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WHEREAS, LMD #3 assessments are further exempt f rom proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and

WHEREAS, the adopti on of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2026-2027 for LMD #3; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on June 23, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollme nt and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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

Section 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expenses of mainta ining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

Section 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

Section 4. The maintenance and servicing of the public landscaped areas shall b e performed pursuant to law and the County Auditor of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

Section 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 3, City of Fontana.

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Section 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 8. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is hereby directed to p lace the assessments on the Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 9. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrativ e and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Co uncil at a regular meeting on the 8th day of September, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

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ATTEST:

City Clerk
263
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RESOLUTION NO. 2026-065

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

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 3-1 (“LMD #3-1” EMPIRE CENTER) FOR FISCAL YEAR 2026-2027.

WHEREAS, on June 9, 2026, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2026-038 initiating proceedings for the levy and collection of assessments for Fiscal Year 2026-2027 for Landscape Maintenance District No. 3 -1 (“LMD #3-1”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California (the “Act”), for the maintenance of landscaped areas; and

WHEREAS, the City Council has ordered the fi ling of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention ( Resolution No. 2026-039) approving the Engineer’s Report and dec laring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027; and

“(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and

WHEREAS, LMD #3 -1 assessments proposed for Fiscal Year 2026-2027 are exempt from Propo sition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and

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WHEREAS, LMD #3 -1 assessments are furth er exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and

WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2026-2027 for LMD #3-1; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on June 23, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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

Section 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expen ses of maintaining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

Section 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

Section 5. The City Treasurer shall deposit all moneys representing assessments collected by the C ounty to the credit of a special fund known as Landscape Maintenance District No. 3-1, City of Fontana.

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Section 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Res olution upon its adoption.

Section 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 8. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is hereb y directed to place the assessments on the Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 9. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardin o administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 8th day of September, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

266
Resolution No. 2026-065
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ATTEST:

City Clerk
267
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RESOLUTION NO. 2026-066

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

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LOCAL LIGHTING MAINTENANCE
DISTRICT NO. 3 (“LLMD #3” HUNTER’S RIDGE) FOR FISCAL YEAR 2026-2027.

WHEREAS, on June 9, 2026, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2026-040 initiating proceedings for the levy and collection of assessments for Fiscal Year 2026-2027 for Local Lighting Maintenance District No. 3 (“LLMD #3”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California (the “Act”), for the maintenance of landscaped areas; and

WHEREAS, the City Council has ordered t he filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2026-041) approving the Engineer’s Report an d declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027; and

WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of th e Article, which exemptions include the following:

“(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and

WHEREAS, LLMD #3 assessments proposed for Fiscal Year 2026-2027 are exempt from P roposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 268
Resolution No. 2026-066
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WHEREAS, LLMD #3 assessments are fur ther exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and

WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2026-2027 for LLMD #3; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on June 23, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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

Section 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expe nses of maintaining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

Section 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

Section 4. The maintenance and servicing of the public landscaped areas shall be performed pursuant to law and the County Auditor of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and i n the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

Section 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Local Lighting Maintenance District No. 3, City of Fontana.

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Section 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 8. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is he reby directed to place the assessments on the Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 9. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernar dino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly ad opted by the City Council at a regular meeting on the 8th day of September, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

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ATTEST:

City Clerk
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RESOLUTION NO. 2026-058

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SOUTHRIDGE VILLAGE) FOR FISCAL YEAR 2026-2027.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 1; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses relat ed to said Community Facilities District, and the City Council desires to establish the maximum special tax and the actual rate of the special tax to be collected for Fiscal Year 2026-2027; and

WHEREAS, funds of the City are not available to pay for the p olice protection, fire protection, and the operation and maintenance of parks and parkways in the District during Fiscal Year 2026-2027.

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

Section 1. That the above recitals are all true and correct.

Section 2. In a manner of apportionment as authorized by Resolution No. 84-13, as amended in Resolution No. 84 -57, and as approved by the qualified electors, the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District are hereby determined and established as follows:

a. For each single or multi -family residential dwelling unit within the District, whether attached, deta ched or a condominium, as defined by Civil Code Section 783 , located within each County Assessor’s parcel for which a building permit has been issued, the maximum rate of said special tax shall be one thousand one hundred sixty -eight dollars and ten cents ($1,168.10) for Fiscal Year 2026-2027. The actual tax amount increased by 10% over the prior fiscal year to $965.60.
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b. For property within each County Assessor’s parcel in the District developed for any non -residential use of a commercial or other business nature for which a building permit or use permit has been i ssued, same rate as provided in subparagraph (a), with the limitations and qualifications as contained therein, and shall be determined on the basis of five (5) residential dwelling units per acre or portion thereof for such commercial development upon any such parcel, as herein above set forth; provided that the applicable maximum rate of the special tax for a particular fiscal year for any commercially zoned and developed parcel or condominium ownership unit developed for a commercial use and which compri ses a separate County Assessor’s parcel shall not be less than the maximum rate of the special tax which otherwise could have been levied in full on a single or multi -family residential dwelling un it or condominium unit with a County Assessor’s parcel in accordance with Paragraph 2(a) hereof.

Section 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as pr eviously approved by the qualified electors of the District.

Section 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following:

a. Police protection
b. Fire protection
c. Operation and maintenance of parks and parkways
d. Repayment of City advances and loans, if appropriate.

Section 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

Section 6. All monies above collected shall be paid into the Community Facilities District’s fund.

Section 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the C ounty of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation.

Section 8. The Cou nty Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

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Section 9. The County of San Bernardino Auditor -Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026 -27 property tax roll along with the ordinary ad valorem property taxes.

Section 10. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be plac ed on the San Bernardino County Auditor -Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 8th day of September 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
274
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1219 Agenda Date: 9/8/2026
Agenda #: M. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Reinstatement of Resolution No. 2026-072, 2026-073, 2026-074 RECOMMENDATION:

Adopt reinstated Resolution No. 2026-072, 2026-073, 2026-074, of the City Council of the City of Fontana, California. Authorize the City Clerk to replace the previous resolution with the corrected version and direct the Finance Department to implement the corrected resolution in the upcoming tax billing cycle.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented.

DISCUSSION:

During the recent City Council meeting held on July 14, 2026, Resolution No. 2026-072, 2026-073, and 2026-074 were passed for the mandatory placement of rubbish, nuisance, and weed abatement charges on the San Bernardino County Property Tax Roll for Fiscal Year 2026-2027. However, it has come to staff’s attention that there was a typographical error in the resolution.

For clarity, the purpose of this agenda item is to reinstate resolutions to correct the typographical error to be consistent with July 14, 2026, Council Action.

FISCAL IMPACT:

There is no fiscal impact anticipated from the correction of this typographical error. The corrected resolutions ensure the accurate collection of charges as initially intended.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-072

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DIRECTING THE PLACEMENT OF NUISANCE
ABATEMENT CHARGES ON THE FISCAL YEAR 202 6-27 PROPERTY
TAX BILLS FOR COLLECTION.

WHEREAS, the City of Fontana (“City”) enforces nuisance abatement pursuant to Fontana Municipal Code Chapter 18 , which provides notice, hearing, cost confirmation, and cost -recovery procedures, including creation and recordation of nuisance abatement liens and collection by special assessment/direct charge (see Chapter § 18-19); and
WHEREAS, California Government C ode §§ 38773, 38773.1, and 38773.5 authorize cities to (i) abate nuisances at the expense of responsible parties, (ii) impose and record nuisance abatement liens, and (iii) collect abatement costs by special assessment on the property tax roll, with attendant procedures and priorities; and WHEREAS, the County of San Bernardino (“County”)
Auditor/Controller/Treasurer/Tax Collector requested a resolution in order to comply with its procedural requirements; and
WHEREAS, the Auditor-Controller of San Bernardino County is authorized, if so directed by the City Council, to place Nuisance abatement charges on property tax bills for collection; and
WHEREAS, the City has prepared a Statement of Nuisance Abatement Charges (attached as Exhibit “A” and incorporated herein) identifying each parcel by Assessor’s Parcel Number (APN) and address, and specifying the abatement cost, administrative fee, and total charge for each parcel; and
WHEREAS, the City Council has held a duly noticed public hearing, considered all objections and evidence, and finds the charges in Exhibit “A” to be accurate and unpaid, and therefore appropriate for collection by the County as direct charges on the current property tax roll.

WHEREAS, the City Council has elected to place unpaid Nuisance abatement charges on the property tax rolls for accounts subject to lien action because of delinquency; and
WHEREAS, the City Council conducted the noticed public hearing pursuan t to state law on July 14, 2026 to authorize the Fiscal Year 2026 -27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution. 276
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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. Authorization of Total Amount . The City Council confirms and authorizes the total amount of nuisance abatement charges, including administrative fees, as set forth for each parcel in Exhibit “A.”
Section 3. Findings/Approvals. At the request of the County, the City Council has adopted this Resolution to be used for the purposes of complying with the County’s Fiscal Year 2026-27 property tax roll enrollment. That Nuisance abatement charges which remain unpaid as of July 1, 202 6, on which lien action has been taken, be forwarded to the County of San Bernardino Auditor/Controller/Treasurer/Tax Collector for compliance to enroll the charges on the Fiscal Year 202 6-27 property tax rolls as a Direct Charge. This Resolution has no other authority or action other than to comply with the County’s request. The City Council will be required to approve a similar resolution each yea r it desires to enroll delinquent nuisance abatement charges on the County property tax rolls.

Section 4. Effective Date. This resolution shall take effect upon adoption.

Section 5. 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 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 6. Administrative Actions The City Manager or designee is authorized to take all actions necessary to implement this Resolution, including coordinating with the County ATC, correcting clerical errors in Exhibit “A,” recording any related liens or releases as appropriate under Fontana Municipal Code Chapter 18 and state law, and transmitting such documentation to the County.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 8. Custodian of Records. The documents and materials that co nstitute 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.

Section 9. Direction to County. The County of San Bernardino Auditor- Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes. 277
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Section 10. County Charges. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor - Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 8th day of September, 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

278

EXHIBIT “A”

WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT NUISANCE ABATEMENT CHARGES

FOR FISCAL YEAR 2026-27

Address APN Owner/Tenant Amount
Admin
Fee Total
16346 BOYLE 0251-163-06 DUKE REALTY LP

2,568.49 0.30 2,568.79
6732 CITRUS 0228-333-03 PEARLINE CAREY

7,337.22 0.30 7,337.52
14661
SADDLEPEAK 1107-211-17

MILTON & LORENA

HERNANDEZ

333.82 0.30 334.12
5068 COLUMBIA 1107-072-43 MELISSA MONTELLANO

1,574.33 0.30 1,574.63
$ 11,815.06

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RESOLUTION NO. 2026-073

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DIRECTING THE PLACEMENT OF WEED ABATEMENT
CHARGES ON THE FISCAL YEAR 2026-27 PROPERTY TAX BILLS FOR

COLLECTION

WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana Municipal Code, Chapter 28 et seq., which establishes procedures for abatement of weeds, rubbish, and refuse, including notice to property owners, hearings, and cost recovery; and
WHEREAS, California Government Code Section 39501 et seq . specifically authorizes the legislative body of a cit y to require the removal of weeds, rubbish, and other refuse from private property, and to recover the costs of abatement by making such costs a lien upon the property; and
WHEREAS, the County of San Bernardino (“County”)
Auditor/Controller/Treasurer/Tax Collector requested a resolution in order to comply with its procedural requirements; and
WHEREAS, the Auditor-Controller of San Bernardino County is authorized, if so directed by the City Council, to place weed abatement charges on property tax bills for collection; and
WHEREAS, the City has prepared a Statement of Weed Abatement Charges, including all applicable administrative fees, which remain unpaid by the property owners, as set forth in the attached Exhibit “A” incorporated herein by this reference; and WHEREAS, the City Council has elected to place unpaid weed abatement charges on the property tax rolls for accounts subject to lien action because of delinquency; and WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on July 14, 2026 to authorize the Fiscal Year 2026 -27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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. Findings/Approvals. At the request of the County, the City Council has adopted this Resolution to be used for the purposes of complying with the County’s 280
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Fiscal Year 2026-27 property tax roll enrollment. That weed abatement charges which remain unpaid as of July 1, 2026, on which lien action has been taken, be forwarded to the County of San Bernardino Auditor/Controller/Treasurer/Tax Collector for compliance to enroll the charges on the Fiscal Year 2026-27 property tax rolls as a Direct Charge.

This Resolution has no other au thority or action other than to comply with the County’s request. The City Council will be required to approve a similar resolution each year it desires to enroll delinquent weed abatement charges on the County property tax rolls.

Section 3. Effective Date. This resolution shall take effect upon adoption.

Section 4. 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 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 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 6. 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.

Section 7. Direction to County . The County of San Bernardino Auditor - Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes.

Section 8. County Charges. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor - Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 8th day of September, 2026, by the following vote to wit:
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AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk
282

EXHIBIT “A”

WRITTEN REPORT OF ASSESSOR’S PARCELS

DELINQUENT WEED ABATEMENT CHARGES

FOR FISCAL YEAR 2026-27

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RESOLUTION NO. 2026-074

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DIRECTING THE PLACEMENT OF RUBBISH CHARGES

ON THE PROPERTY TAX BILLS FOR COLLECTION

WHEREAS, Section 24-85 of the Municipal code of the City of Fontana provides for the collection of rubbish charges more than ninety days delinquent by recording real property liens, and further by annually forwarding amounts remaining unpaid to the County of San Bernardino for addition to the property tax rolls as a special assessment; and
WHEREAS, California Health and Safety Code Section 5473 specifically authorizes the City to levy and collect rubbish charges through County administered and enforced property tax billing and collection procedures; and WHEREAS, the Auditor-Controller of San Bernardino County is authorized, if so directed by the City, to place rubbish charges on property tax bills; and WHEREAS, the City Council has elected to place annual rubbish charges on the property tax rolls for accounts subject to lien action because of delinquency; and WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on July 14, 2026 to authorize the Fiscal Year 2026 -27 annual levy enrollment, at the request of the San Bernardino County Auditor -Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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. Findings/ Approvals. That rubbish service charges for the period of July 1, 2026, through June 30, 2027, for all residential properties be forwarded to the County of San Bernardino for addition to the 2026/2027 property tax rolls as a special assessment. Additionally, that rubbish service charges for July 1 through June 30 of each subsequent year be forwarded in the same manner.

Section 3. Findings/ Approvals That rubbish service charges for the period of July 1, 2026, through June 30, 2027, for those properties that have unpaid liens for delinquent rubbish charges as of June 30, 2026, together with the amount of unpaid liens, be forwarded to the County of San Bernardino for addition to the 2026/2027 property tax rolls as a special assessment.
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Section 4. Findings/ Approvals That whenever a rate change occurs during the assessment year, the City shall prepare a pro-rated adjustment to the assessment file which shall be added to the subsequent annual assessment.

Section 5. Effective Date. This resolution shall take effect upon adoption.

Section 6. 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 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 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 8. 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 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

Section 9 . Direction to County . The County of San Bernardino Auditor - Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 8th day of September, 2026, by the following vote to wit:

AYES:

NOES:
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ABSENT:

ABSTAIN:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk

286
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Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1218 Agenda Date: 9/8/2026
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Enter Into a Maintenance Agreement to Establish Maintenance Obligations and Certain Rights Incidental to the Public Right-of-Way with Vasari 2, LLC RECOMMENDATION:

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

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

DISCUSSION:

On July 27, 2021, the City Council approved MCN20-099, SPA Amendment No. 21-004, TPM21-003 (TPM No. 20237), and Design Review No. 21-002. To adhere to the Specific Plan requirements, the developer is required to construct various improvements along John Previti Avenue and Citrus Avenue.

As part of these improvements, the developer, Vasari 2, LLC, has expressed a desire to maintain the landscaped median and trees within the public right-of-way along John Previti Avenue and Citrus Avenue, within the project boundary of Planning Area 1B. The proposed Landscape Maintenance Agreement will establish the landscape maintenance obligations for this area.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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RECORDING REQUESTED BY:

Th
e Previti Group
2151 E Convention Center Way, Suite 230
Ontario, CA 91764
WHEN RECORDED RETURN TO:

C
ity of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer
Spac
e Above This Line For Recorder’s Use

MAINTENANCE AGREEMENT
TH
IS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into as of this day of , 2026, by and between VASARI 2, LLC, a California limited liability company (“Developer”), and the CITY OF FONTANA (the “City”). Developer and the City may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS:

A. Developer is the owner of certain real property located at Assessor’s Parcel Number (APN) 0226-075-85 in the City of Fontana, County of San Bernardino, State of California, which is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Developer Property”). Developer has or intends to construct residential dwelling units on the Developer Property.

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

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

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

1. Ma
intenance Obligations.

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

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

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

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

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

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

If Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice. Developer hereby grants the City, or its assignees, the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer’s contractors, or other third party maintenance company to complete the remedial work, provided that all such contractors shall be appropriately licensed (if a license is required for the performance of the remedial work) and, such contractors are employees of the City, maintain workers compensation insurance, automobile insurance, and general commercial liability insurance with limits and terms acceptable to Developer and on which Developer is named as an additional insured . Except in an 289
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emergency situation, during which remedial or repair work may be performed at any time to address the emergency, all remedial work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. in a manner that minimizes any inconvenience to the residents of the Developer Property. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement.

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

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

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

8. Affected and Benefited Land. The land (“Affected Land”) affected by the covenants contained in this Agreement is the Developer Property and the ROW. The land (“Benefited Land”) benefited by the covenants contained in this Agreement is the Developer Property and the ROW. 290
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9. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party:

If to Developer:

VASARI 2, LLC
c/o The Previti Group
2151 E. Convention Center Way, Suite 114
Ontario, CA 91764
Attn: Andrew Wennerstrom
Telephone: (909) 354-8010
[email protected]

With a Copy to:

HDO4, LLC
c/o The Previti Group
2151 E. Convention Center Way, Suite 114
Ontario, CA 91764
Attn: Steven B. Imhoof, Esq.

Telephone (909) 354-8085
[email protected]
If to City:

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

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

10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property.
291
-5- CED\ 30712-0031\ 772529.2 5/2/2023

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

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

[Signature Page on Following Page]
292
-6- CED\ 30712-0031\ 772529.2 5/2/2023
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

CITY OF FONTANA
By
:

Matthew C. Ballantyne
City Manager
VASARI 2, LLC
By
:

Richard Munkvold
Chief Financial Officer
A
ttest:

By
:

Germaine Key, City Clerk
A
pproved as to form:

Best Best & Krieger LLP
City Attorney
By
:

Phillip Burum, Deputy City Manager
Development Services Organization
By
:

Gia Kim
City Engineer
293
-7- CED\ 30712-0031\ 772529.2 5/2/2023
STA

TE OF CALIFORNIA )
)

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

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

WITNESS my hand and official seal.

Notary Public (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 294
-8- CED\ 30712-0031\ 772529.2 5/2/2023

STATE OF CALIFORNIA )
)

COUNTY OF )

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

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

WITNESS my hand and official seal.

DEVELOPER PROPERTY
(PA 1B Site Plan)
296
297
EXHIBIT “B”
DEVELOPER MAINTENANCEAREA
(PA 1B Landscape Plan)
298

STOP STOP STOP

JOHN PREVITI AVENUE

CITRUS AVENUE
VENTANA SPECIFIC PLAN - PLANNING AREA 1B
8/12/2026
0' 50' 100' 200'
NORTH

AREA TO BE MAINTAINED
BY VASARI 2, LLC.
24-027
299
EXHIBIT “C”

LEGAL DESCRIPTION OF REMAINDER OF THE PROJECT
(Site Overview)
APNs:
0226-075-57-0000
0226-075-58-0000
0226-075-59-000
1107-262--0000
1107-262-07-0000
---0000
1107-262-05-0000
---0000
300
Planning Area 1A
City Council Approval Date: 10-8-24
County Document: # 2024-0255288
301
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306

307
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1207 Agenda Date: 9/8/2026
Agenda #: O. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Transformative Climate Communities (TCC) Program Resolution Authorizing Submittal of Application and Other Grant Related Documents
RECOMMENDATION:

1. Adopt Resolution No. 2026-081, a resolution of the City Council of the City of Fontana authorizing application for, and receipt of, Transformative Climate Communities Program Funds.

2. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any necessary or appropriate documents to ensure the City’s timely submission of the Transformative Climate Communities Program application, and authority to execute all related program documents.

COUNCIL GOALS:
· 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.
· Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing Green House Gas emissions.

DISCUSSION:

The Transformative Climate Communities Program (TCC), administered by the California Strategic Growth Council (SGC) in partnership with the California Department of Conservation (DOC), empowers communities to choose their own strategies that achieve major environmental, health, and economic benefits while reducing greenhouse gas emissions. The TCC program prioritizes California’s most disadvantaged communities and funds community-led development and infrastructure projects.

For Round 6, approximately $98.8 million is available from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, commonly known as the “Climate Bond”. The program offers three grant types for eligible applicants: Planning Grants, Project Development Grants, and Implementation Grants.

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File #: 26-1207 Agenda Date: 9/8/2026
Agenda #: O. Category: Consent Calendar
The City is evaluating several community-prioritized projects to maximize environmental, health, and economic benefits for our residents while utilizing this funding opportunity. One proposal under consideration involves installing a community microgrid in qualifying areas that could serve to support community cooling centers and operational resiliency for city operations. This initiative would directly align with the TCC program's eligible strategies for Solar Installation, Community Microgrids, and Community Resilience Centers. These upgrades would ensure these critical facilities remain operational during extreme heat events and power outages, all while reducing greenhouse gas emissions and advancing the program's required transformative elements. In addition, the City will include funding for an affordable housing project as well as programing to address the needs of the low-income community in the city.

Given the approaching application deadline, staff requests that the City Council authorize the application submittal while staff continues to evaluate specific application components.

FISCAL IMPACT:

Approval of this item does not establish a specific fiscal impact at this time. The City may be eligible to receive Transformative Climate Communities (TCC) Program funding of up to $23 million; however, the actual amount of funding awarded, if any, is currently unknown. Any TCC funding awarded to the City will be brought back to the City Council for consideration and approval, including the appropriate budget appropriations in the next quarterly budget report.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-081

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

CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDING

UNDER THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM AS ADMINISTERED BY THE STRATEGIC GROWTH COUNCIL.

WHEREAS, in 2026 the Legislature and the Governor of the State of California provided funds for the Transformative Climate Communities Program, established by Assembly Bill 2722 (2016); and

WHEREAS, the Strategic Growth Council is responsible for the administration of this grant program, including developing guidelines and selection criteria; and

WHEREAS, the Strategic Growth Council released the application guidance on May 29, 2026, with a due date of September 30, 2026

WHEREAS, procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission to the State; and

WHEREAS, the Lead Applicant, the City of Fontana, is authorized to apply for and accept a Transformative Climate Communities grant if awarded, and authority to execute all related documents;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DO HEREBY RESOLVE AS FOLLOWS:

RESOLVED that the City approves the filing of an application for a Transformative Climate Communities grant for funding year 2026, to be submitted no later than September 30, 2026.

FURTHER RESOLVED that the City certifies that Lead Applicant, in partnership with its Co-Applicants, will have sufficient resources to execute the strategies and projects that are outlined in the grant application.

FURTHER RESOLVED that the City appoints the City Manager, or its designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, and payment requests that may be necessary for competition of the aforementioned strategies and projects.

FURTHER RESOLVED that the City Clerk shall certify to the adoption of this resolution, which shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this ___ day of _____, 2026.

READ AND APPROVED AS TO LEGAL FORM:

310

-2-

________________________________
City Attorney

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 ____ day of ____, 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
311
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1209 Agenda Date: 9/8/2026
Agenda #: P. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Measure I Five-Year Capital Needs Analysis for Fiscal Years 2027/2028 - 2031/2032 RECOMMENDATION:

Adopt Resolution No. 2026-082, adopting the Fiscal Years 2027/2028 - 2031/2032 Measure I Five- Year Capital Project Needs Analysis (CPNA).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city’s existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

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

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

The projects named in the CPNA list are identified independently from the Local Pass-Through Program List, referred to as the Five-Year Capital Improvement Program (CIP List that was approved by City Council on July 14, 2026.

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File #: 26-1209 Agenda Date: 9/8/2026
Agenda #: P. Category: Consent Calendar
FISCAL IMPACT:

Under the Measure I Program, there are two areas of funding for projects: the Local Pass-Through Program identified as Fund 246 and the Major Streets Program identified as Fund 245. The Five- Year Local Pass-Through Program was approved by the City Council on July 14, 2026.

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

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

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2026-082

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

CALIFORNIA ADOPTING THE MEASURE I FIVE -YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FIS CAL YEARS 2027/2028 -
2031/2032.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County T ransportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and t raffic m anagement programs authorized in the E xpenditure Plans set forth in Ordinance No. 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Project Needs Analysis; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, that the Measure I Five -Year Capital Proje ct Needs Analysis for Fiscal Years 2027/2028 through 2031/2032, attached to this resolution as Exhibit “ A”, is hereby adopted.

APPROVED AND ADOPTED this 8th day of September, 2026.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting o n the 8th day of September, 2026, by the following vote to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

314
Resolution No. 2026-082
2 of 2

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

315
Nexus Project Cost 21,272,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $2,970,942.64
Fund Type: MSI Arterial $ 1,992,784.92 $ - $ - $ - $ - $ - $ - DEV FEE $ 978,157.72 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave. from Foothill
Blvd to Baseline Ave. (37603281)
Current Total Project Cost
Estimate:
$21,272,264.45
Total Measure I Request:
$1,992,784.92
(Summation of Measure I)
Comments:
2028-2032 CPNA Template.xlsx - Proj 1
Exhibit A
316
Nexus Project Cost 21,479,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $1,296,828.41
Fund Type: MSI Arterial $ 883,394.95 $ - $ - $ - $ - $ - $ - DEV FEE $ 413,433.46 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $50,000.00
Fund Type: MSI Arterial $ 33,950.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ 16,050.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $1,334,845.97
Fund Type: MSI Arterial $ 893,475.92 $ - $ - $ - $ - $ - $ - DEV FEE $ 441,370.05 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $19,847,987.05
Fund Type: MSI Arterial $ 36,515.03 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,482.02 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: _Grant__ $ 19,808,990.00 $ - $ - $ - $ - $ - $ - $24,038,990.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from
Hemlock to Almeria. (37603333)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$1,847,335.90
(Summation of Measure I)
2028-2032 CPNA Template.xlsx - Proj 2
Exhibit A
317
Nexus Project Cost 12,536,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $18,335,217.34
Fund Type: MSI Arterial $ 10,313,209.90 $ - $ - $ - $ - $ - $ - DEV FEE $ 4,875,611.44 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - DEV LOAN $ 1,397,000.00 $ - $ - $ - $ - $ - $ - Other: ______ $ 1,749,396.00 $ - $ - $ - $ - $ - $ - $22,147,629.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Slover Ave. from Etiwanda
Ave to 800' e/o Etiwanda from 2 to
4 lanes (37603350)
Current Total Project Cost
Estimate:

Comments:

Other Amounts is City of Ontario
Measure I Arterial share
Development Loan is from the
City of Fontana to the City of
Ontario
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$10,313,209.90
(Summation of Measure I)
2028-2032 CPNA Template.xlsx - Proj 3
Exhibit A
318
Nexus Project Cost 15,081,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $17,430,429.10
Fund Type: MSI Arterial $ 335,446.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 158,584.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,525,242.68 $ - $ - $ - $ - $ - $ - DEV FEE $ 10,792,401.57 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: Grant $ 4,618,754.85 $ - $ - $ - $ - $ - $ - $24,562,373.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Citrus
Ave. to Maple Ave. from 4 to 6
lanes. Cypress Storm Drain
(37603361)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$335,446.00
(Summation of Measure I)
Exhibit A-4.xlsx - Proj 4
Exhibit A
319
Nexus Project Cost 5,220,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $66,600.80
Fund Type: MSI Arterial $ 45,221.94 $ - $ - $ - $ - $ - $ - DEV FEE $ 21,378.86 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $370,294.53
Fund Type: MSI Arterial $ 251,429.98 $ - $ - $ - $ - $ - $ - DEV FEE $ 118,864.55 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $620,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Citrus Ave. widening at SR - 210
(37600039)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$296,651.92
(Summation of Measure I)
Exhibit A-4.xlsx - Proj 5
Exhibit A
320
Nexus Project Cost 7,313,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $13,370,797.42
Fund Type: MSI Arterial $ 3,986,296.62 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,884,500.80 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: Grant $ 7,500,000.00 $ - $ - $ - $ - $ - $ - $27,900,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate - Widen Cherry Ave
(Baseline Ave to So. Highland Ave
4 to 6 lanes). (37600042)
Current Total Project Cost
Estimate:

Comments:

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

Highland Ave) and Walnut Ave. (I-
15 to San Sevaine)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$3,986,296.62
(Summation of Measure I)
Exhibit A-4.xlsx - Proj 6
Exhibit A
321
Nexus Project Cost 7,548,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $13,370,797.42
Fund Type: MSI Arterial $ 3,986,296.62 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,884,500.80 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: Grant $ 7,500,000.00 $ - $ - $ - $ - $ - $ - $27,900,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate - Widen Walnut Ave (I-15
to San Sevaine 2 to 4 lanes).
(37600042)
Current Total Project Cost
Estimate:

Comments:

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

Total Measure I Request:
$3,986,296.62
(Summation of Measure I)
Exhibit A-4.xlsx - Proj 7
Exhibit A
322
Nexus Project Cost 16,714,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $216,728.79
Fund Type: MSI Arterial $ 132,363.28 $ - $ - $ - $ - $ - $ - DEV FEE $ 84,365.51 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $648,896.20
Fund Type: MSI Arterial $ 413,991.71 $ - $ - $ - $ - $ - $ - DEV FEE $ 194,904.49 $ - $ - $ - $ - $ - $ - - Select Fund - $ 40,000.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $910,000.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Intersection Widening and Traffic
Signal at Santa Ana Ave. and
Juniper Ave.
(37600054)
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Total Measure I Request:
$546,354.99
(Summation of Measure I)
2 Exhibit A
323
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1216 Agenda Date: 9/8/2026
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Acceptance of 2026 ABC Grant
RECOMMENDATION:

1. Approve an ABC Grant in the amount of $29,000.00 to increase the department’sproactive efforts of ABC education and enforcement to be used for the employee’ssalary and other operational costs.

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $29,000.00.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

4. Approve to increase revenues and appropriation in the amount of $29,000.00 to fund #40100008-301-A.

COUNCIL GOALS:
· Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
· Improve public safety by utilizing other city programs to help reduce crime. · Practice sound fiscal management by pursuing grant opportunities.

DISCUSSION:

The Alcoholic Beverage Control (ABC) has awarded the Fontana Police Department a grant in the amount of $29,000.00. Funds will be used to implement Minor Decoy operations, Shoulder Tap operations, general enforcement operations, IMPACT operations, task force operations, and undercover operations at disorderly on-sale locations. Officers assigned to grant will conduct operations during off-duty hours and to be paid overtime based on policy. The grant operations will be conducted July 1, 2026 through June 30, 2027.

Due to the grant performance period, staff is requesting the necessary budget adjustments with approval of this item and outside of the normal quarterly process to ensure the timely use of all grant funds.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $29,000.00; and increase appropriations City of Fontana Printed on 9/3/2026Page 1 of 2
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File #: 26-1216 Agenda Date: 9/8/2026
Agenda #: Q. Category: Consent Calendar
The City of Fontana will increase revenues in the amount of $29,000.00; and increase appropriations for expenditures in the amount of $29,000.00 in Grant Fund #301, Project #40100008-301-A.

Appropriate budget adjustments will be submitted to the budget Office with the 1st Quarter Budget Status Report.

Expenditure Plan - $29,000 (Reference Exhibit B)
Personnel - $24,430.00
Operating Expenses - $1,420.00
Equipment - $2,500.00
Travel Cost/Registration - $650.00
MOTION:

Approve staff recommendation.

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Agreement Number: 26-APP10
City of Fontana through the Fontana Police Department

Page 1 of 2 ends

EXHIBIT A

SCOPE OF WORK

I. SCOPE OF WORK

• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.

• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections.

These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s) , enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2026 through June 30, 2027.

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

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

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

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

II. GOALS AND OBJECTIVES

1. Conduct at least six (6) Minor Decoy operations.

2. Conduct at least eight (8) Shoulder tap operations, including the Statewide Shoulder tap operation.
326

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3. Conduct at least ten (10) IMPACT operations.

4. Conduct at least four (4) Undercover operations.

5. Conduct at least two (2) Task Force operations.

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

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

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

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

9. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Depa rtment of Alcoholic Beverage Control’s Alcohol Policing Partnership.”

Contractor agrees to complete and submit monthly reports on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15 th of the following month.

III. PROJECT REPRESENTATIVES

The project representatives during the term of this agreement will be:

Fontana Police Department
Heather Howard
17005 Upland Ave
Fontana, CA 92335
(909) 356-7107
[email protected]
Department of Alcoholic Beverage Control
Jennifer Delarosa, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]

Direct all fiscal inquiries to:

Fontana Police Department
Leona Kwan
1700 Upland Ave
Fontana, CA 92335
(909) 356-7169
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 312-4349
[email protected]
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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.

• Invoices shall clearly reference this contract number (26-APP10) and must not exceed the contract total authorized amount of $29,000.00. Invoices are to be submitted by the 15 th of
every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834

• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice.

Nothing contained herein shall prohibit advance payments as authorized by Item 2100 -101- 3036, Budget Act, Statues of 2026.

• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2026 and on or before the project termination date, June 30, 2027.

• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.

• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.

• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.

• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractors are required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

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II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Corporal $9,734.00
Officer $14,354.00
Benefits – 3.4% $342.00
TOTAL Personnel $24,430.00
B. Operating Expenses (receipts required)
Decoy Meals / Buy Funds $1,420.00
TOTAL Operating $1,420.00
C. Equipment (receipts required, must be purchased by 12/31) Camera $2,500.00
TOTAL Equipment $2,500.00
D. Travel Costs
Registration $650.00
TOTAL Travel $650.00
GRANT TOTAL $29,000.00
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III. BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

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

IV. PROMPT PAYMENT CLAUSE

• Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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General Terms and Conditions (GTC 02/2025)

EXHIBIT C

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

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

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

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

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

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

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

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independ ent capacity and not as officers or employees or agents of the State.

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

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gen der, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

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

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

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

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

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

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a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned und er this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assign or but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assign or has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section4554.

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

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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS :

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time pe riod as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

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

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

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:

a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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c. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract. 335

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

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

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

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2026, for the purposes of this program.

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

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1217 Agenda Date: 9/8/2026
Agenda #: R. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2027 Selective Traffic Enforcement Program Grant Award
RECOMMENDATION:

1. Accept the 2027 State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant, number PT27059 in the amount of $305,800

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

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

DISCUSSION:

The Selective Traffic Enforcement Program “STEP”grant is made available through the State of California’sOffice of Traffic Safety. All program preparation, training and implementation will be held during the period of October 1, 2026, and September 30, 2027. The program is designed to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. Other funded strategies may include public awareness, educational programs, and training for law enforcement.

The funded strategies include:
· Officers will complete Standardized Field Sobriety Testing (SFST) training · Officers will attend the Advanced Roadside Impaired Driving Enforcement (ARIDE) 16-hour POST certified training
· DUI/DL Checkpoints
· DUI Saturation Patrols will be conducted
· Distracted Driving Enforcement Operations targeting drivers using handheld cell phones and texting will be conducted
· Traffic Enforcement Operations, including but not limited to primary collision factor violations · Highly publicized Motorcycle Safety Enforcement Operations will be held City of Fontana Printed on 9/3/2026Page 1 of 2
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· Highly publicized Bicycle and Pedestrian Safety Enforcement Operations will be held · Specialized enforcement operations focusing on street racing and sideshow activities · Participate in highly visible collaborative operations focusing on both DUI and Traffic Enforcement
· Participate in multiple National and State Campaigns such as:
o National Pedestrian Safety Month
o National Walk to School Day
o National Teen Driver Safety Week
o NHTSA Winter Mobilization
o National Distracted Driving Awareness Month
o National Motorcycle Safety Month
o National Bicycle Safety Month
o Click it or Ticket Mobilization
o National Speed Prevention Campaigns
o NHTSA Summer Mobilization
o National Child Passenger Safety Week
o California’s Pedestrian Safety Month
The Police Department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

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

Due to the grant performance period, staff are requesting the necessary budget adjustments with approval of this item and outside of the normal quarterly process to ensure the timely use of all grant funds.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $305,800; and increase appropriations for expenditures in the amount of $305,800 in Grant Fund #301, Project #40200010-301-A.

Appropriate budget adjustments will be submitted to the Budget Office with the 1st Quarter Budget Status Report.

Expenditure Plan - $305,800 (Reference Schedule B)
Personnel $ 299,200.00
Travel/Training Expense $3,400.00
Other Direct Costs (Supplies) $3,200.00
MOTION:

Approve staff recommendation.

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT27059

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

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

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Fontana Police Department

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

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $305,800.00

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

*The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed. 339
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{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} {{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}}

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

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

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kurtis Schlotterbeck
Traffic Sergeant
[email protected]
(909) 350-7771
17005 Upland Ave.

Fontana, CA 92335
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Michael Dorsey
Chief of Police
[email protected]
(909) 350-7702
17005 Upland Ave.

Fontana, CA 92335

Aug 14, 2026
Kurtis Schlotterbeck (Aug 14, 2026 08:57:44 PDT)
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Leona Kwan
Senior Administrative Analyst
[email protected]
(909) 356-7169
17005 Upland Ave.

Fontana, CA 92335
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

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

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

WLF8LH1TH3P8

8353 Sierra Ave.

Fontana
92335-3528
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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{{_es_signer5_date}} {{_es_signer5_signature}}

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

EXPENDITURES
405e DDA- 20.616 0521-0890-101 2026 19/26 BA/26 $32,000.00 402PT-27 20.600 0521-0890-101 2026 19/26 BA/26 $63,800.00 164ID-27 20.608 0521-0890-101 2026 19/26 BA/26 $210,000.00

AGREEMENT
TOTAL $305,800.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$305,800.00

PRIOR AMOUNT ENCUMBERED FOR THIS

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

$305,800.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT27059

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

Fontana is a city in San Bernardino County whose population has continued to increase steadily. With a population of over 219,000, Fontana is currently growing at a rate of .96% annually. Numbers released in early May 2025 by the California Department of Finance indicate that Fontana has maintained its ranking as the second largest city in San Bernardino County and the 20th largest in California. This placement will likely continue as is evidenced by the numerous projects for single family and multi-family housing developments which can be seen in various stages of construction throughout the city. Fontana continues to outpace most San Bernardino County cities in population growth.

In addition to the increase in residents, traffic volumes also consist of miles driven through the city. Fontana is comprised of a little over 43 sq. miles, situated between three major area freeways (IS 15, IS 10, SR 210) and is home to one of the largest Kaiser Permanente Hospitals. Fontana’s economy has largely transitioned to a focus on industry, specifically trucking industry as it has become home to many product distribution centers for major companies, and it has become a commercial hub in the Inland Empire due to an explosion of warehouses. Essentially, our city and our motoring public continue to grow and, as a Traffic Unit, we have not adequately kept pace.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

It has been shown that safety is practice and redundancy is crucial. Consistently, the greatest impediment to effective enforcement and improvements in traffic safety facing the Fontana Police Department continues to be the direct correlation between statistics and staffing levels. It remains a perennial issue and is illustrated repeatedly how imperative pro-active enforcement is as it relates to traffic safety. Infrastructure improvements are essential and should be constantly sought after, but enforcement which can potentially change behavior is crucial in curing the epidemic of traffic fatalities and injuries.

The Traffic Unit continues to exhibit a deficit of 6 officers (40% of the unit’s contingent) and 2 civilian field personnel (50% of the unit’s contingent). As hiring constraints, scheduling difficulties and the competition over limited personnel resources have caused our staffing levels to remain depleted, our fatalities have risen once again. 12 fatalities occurred in 2024, which indicated a decrease from recent record numbers. Sadly, this number increased to 15 fatalities in 2025. Our local data does indicate improvements in many areas though. The City and the Police Department are committed to filling vacancies, but as many other agencies are also experiencing, we simply have not been able to hire and train officers fast enough to keep pace with the need.

51 pedestrians were injured in 2024 and this decreased to 41 in 2025.

Motorcycle fatalities/injuries in 2024 had dropped to 7 and local data indicates yet another decrease to 3 in 2025.

Bicyclist injuries have dropped from 42 in 2024 to 35 in 2025.

Nighttime statistics indicates a decrease as well from 103 crashes in 2024 which resulted in 135 injuries/fatalities to 86 crashes in 2025, resulting in 113 injuries/fatalities.

While local 2025 data indicates we are on the right path and have made headway into these disturbing crashes, much needed effort is still needed in other areas and some of the registered decreases are hovering close to level with 2024 data.

Alcohol related injuries/fatalities in 2024 were 30 as a result of 30 crashes. While 2025 revealed a miniscule drop to 29 crashes, 30 injuries/fatalities still occurred. 342
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Hit and Run injuries/fatalities also rose while crashes decreased. 56 crashes occurred in 2024, resulting in 60 injuries/fatalities. The number of crashes dropped to 53, but the number of injuries/fatalities increased to 66 in 2025.

The total number of injury/fatal traffic crashes decreased slightly from 681 in 2024 to 624 in 2025. But it remains apparent that the number of injuries per crash continues to be alarming and problematic. 2024 demonstrates the magnitude of these crashes is still a problem to be confronted as they resulted in 921 injuries/fatalities. In 2025, these crashes resulted in 831 injuries/fatalities and while this indicates a decrease, the percentages remain nearly unchanged. This decrease, while demonstrable in that it comes after record breaking injuries/fatalities in recent years is still too close to a fluctuation rather than a demonstrable and consistent change.

DUI arrests may be used as an example of the importance of proactivity. DUI arrests as result of a crash have been consistently a high percentage. In 2024 we managed to lower this number to 58%. In 2025 it dropped even further to roughly 45%. While this is not a huge decrease, stopping the upward trend of this important percentage is encouraging and officers hope to redouble their efforts and build on it. Officers are acutely aware it is in the proactive hours where the most preventative measures can be taken. This remains our greatest hurdle. Grant funding, therefore, remains of the utmost importance and any demonstrable improvements are likely owed to this partnership.

Speed plays a tremendous factor in Fontana as well. Unsafe speed consistently tops our list of PCFs for injury crashes and clearly plays a role in not only the frequency but the severity of crashes. In 2024, there were 170 injury/fatal crashes with speed as the PCF. This resulted in 237 injuries/fatalities. In 2025, the number of these crashes increased to 189 and resulted in 240 injuries/fatalities. This disheartening increase tempers the minor achievements in other areas. Unfortunately, the propensity for this problem will likely continue as more and more vehicles travel through Fontana faster and more recklessly.

Clearly more work is necessary to stay afloat, decrease crashes and offenses, improve traffic safety for all who call Fontana home or who travel through. More importantly, these statistics represent community members and individuals whose lives are changed by these injuries. While local data for 2025 indicates a positive trend from 2024 in many areas, some decreases could be merely minor fluctuations and not yet significant enough to curtail our efforts. Others remain problematic and so mitigate our overall success. Slight gains are not to be taken lightly and the Fontana Police Department will redouble our efforts in the areas of concern should we see incidents rising again.

Our perennial problems remain reducing total injuries/fatalities and crashes, with a focus on DUI, speed and other top PCF offenses. While the majority of crashes occurring in Fontana continue to occur during weekday commuting hours, we cannot let up on the gains achieved with recent decreases in nighttime injury/fatal crashes. Attention and effort are still required. Bicyclists, pedestrians and motorcyclists continue to deserve attention as well. Even where we achieved small gains, we cannot rest on incremental laurels. Crashes continue to impact our residents and the motoring public and traffic safety necessitates vigilance. There is considerable work to do.

Currently, the vast majority of DUI arrests are made by, and crashes are handled by traffic officers, who represent a miniscule percentage of the sworn contingent in the department (approximately 7%). While we will remedy this by eventually replacing staff in the Traffic Unit, this small group continues to fight for better and to impart a greater understanding to our motoring neighbors and coworkers of the dangers inherent in these behaviors and what the potential costs to each of us are.

Our efforts, largely reinforced by the proactive operations available to us through OTS grant funding, resulted in relative success and improvement in many areas. The specter of an increase in fatalities in 2025 gives pause and importunes us to continue aggressively enforcing and educating the motoring public.

Define the target population the grant intends to serve and how they are affected by the problem(s).

Traffic safety affects each of our residents equally as the roadways need to be kept safe for drivers, passengers, motorcyclists, bicyclists and pedestrians alike. Disproportionately, the increases in risk to pedestrians, bicyclists and motorcyclists requires our consistent attention. However, any individual on the 343
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roadways runs the risk of potential harm and all areas of concern need to be addressed with additional attention and focused enforcement. The ability to be proactive and provide educational opportunities will enable us to maintain recent gains where they have been made while continuing our efforts to lower total crashes and injuries and increase traffic safety awareness citywide. We must collectively persevere in the fight versus the reckless disregard for the safety of others which affects each community member, resident or motorist traveling through Fontana.

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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

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

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 10 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs 14 344
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for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

7. Conduct DUI Saturation Patrol operation(s). 18

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
15 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
16 10. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 5 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 1

14. Participate in highly visible collaborative Traffic Enforcement operations. 1

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 16. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
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• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
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• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

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

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

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

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

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT27059

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDA-27 20.616 Distracted Driving Awareness $32,000.00 402PT-27 20.600 State and Community Highway
Safety
$63,800.00
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$210,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time

$0.00
Overtime
164ID-27

$12,400.00

14 $173,600.00 DUI/DL Checkpoints
DUI Saturation Patrols 164ID-27 $1,800.00 18 $32,400.00 Collaborative DUI Enforcement 164ID-27 $2,800.00 1 $2,800.00 Traffic Enforcement 402PT-27 $2,000.00 15 $30,000.00
Motorcycle Safety Enforcement 402PT-27 $1,200.00 5 $6,000.00 Pedestrian and Bicycle Enforcement 402PT-27 $2,000.00 6 $12,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $3,800.00 2 $7,600.00
Collaborative Traffic Enforcement 402PT-27 $2,800.00 1 $2,800.00 Distracted Driving Enforcement 405e DDA-
27 $2,000.00 16 $32,000.00
Category Sub-Total $299,200.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $3,400.00 1 $3,400.00
$0.00
Category Sub-Total $3,400.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $1,200.00 1 $1,200.00
Collaborative Meetings 402PT-27 $500.00 4 $2,000.00
Category Sub-Total $3,200.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $305,800.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT27059

BUDGET NARRATIVE

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

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

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

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

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

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

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

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

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

INDIRECT COSTS
-

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

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and 350
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(b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

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

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 351
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT27059
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

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

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

NONDISCRIMINATION
(applies to subrecipients as well as States)

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

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

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

SPECIFIC ASSURANCES

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

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

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

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A)
[1] in every contract or agreement subject to the Acts and the Regulations.

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

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

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

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

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 353
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

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

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

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

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

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

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

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

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

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

1. Abide by the terms of the statement;

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

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

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 354
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)

The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

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

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

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

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

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

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

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

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

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

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 355
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

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

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

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

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

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

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

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 356
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

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

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

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

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

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

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

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

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

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 357
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

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

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

BUY AMERICA
(applies to subrecipients as well as States)

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

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

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

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

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

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

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

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

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

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)

The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE

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

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 359
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State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT27059

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number: PT27059
Agency Name: Fontana Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $305,800.00
Authorizing Official: Michael Dorsey
Fiscal Official: Leona Kwan
Grant Director: Kurtis Schlotterbeck

CURRENT GEMS USER(S)

1. Bonnie Edwards
Title: Traffic Community Policing Technician Media Contact: Yes Phone: 909-350-7770
Email: [email protected]
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{{[]c1_es_:signer1}} {{[]c2_es_:signer1}}
{{[]c11_es_:signer1}} {{[] c12_es _:sign er1}}
{{UserName1_es_:signer1

{{UserTitle1_es_:signer1

{{UserEmail1_es_:signer1

{{UserPhone1_es_:signer1

{{[]c3_es_:signer1}} {{[]c4_es_:signer1}}
{{[]c13_es_:signer1}} {{[] c12_es _:sign er1}}
{{UserName2_es_:signer1

{{UserTitle2_es_:signer1

{{UserEmail2_es_:signer1

{{UserPhone2_es_:signer1

{{[]c5_es_:signer1}} {{[]c6_es_:signer1}}
{{[]c15_es_:signer1}} {{[] c12_es _:sign er1}}
{{UserName3_es_:signer1

{{UserTitle3_es_:signer1

{{UserEmail3_es_:signer1

{{UserPhone3_es_:signer1

{{[]c8_es_:signer1}} {{[]c7_es_:signer1}}
{{[]c17_es_:signer1}} {{[] c12_es _:sign er1}}
{{UserName4_es_:signer1

{{UserTitle4_es_:signer1

{{UserEmail4_es_:signer1

{{UserPhone4_es_:signer1

{{[]c9_es_:signer1}} {{[]c10_es_:signer1}}
{{[]c19_es_:signer1}} {{[] c12_es _:sign er1}}
{{UserName5_es_:signer1

{{UserTitle5_es_:signer1

{{UserEmail5_es_:signer1

{{UserPhone5_es_:signer1

{{Sig_es_:signer1:signature}} {{Dte1_es_:signer1:date}} {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname

{{Dte2_es_:signer2:date}}
Complete the below information if adding, removing or editing a GEMS user(s)

GEMS User 1
Add/Change

Remove Access
Add as a media contact? Yes No

Name Job Title

Email address Phone number
GEMS User 2
Add/Change

Remove Access
Add as a media contact? Yes No

Name Job Title

Email address Phone number
GEMS User 3
Add/Change

Remove Access
Add as a media contact? Yes No

Name Job Title

Email address Phone number
GEMS User 4
Add/Change

Remove Access
Add as a media contact? Yes No

Name Job Title

Email address Phone number
GEMS User 5
Add/Change

Remove Access
Add as a media contact? Yes No

Name Job Title

Email address Phone number
Form completed by:

Kurtis Schlotterbeck (Aug 14, 2026 08:55:19 PDT) Date: Aug 14, 2026 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

Kurtis Schlotterbeck (Aug 14, 2026 08:57:44 PDT) Kurtis Schlotterbeck Signature Name
Aug 14, 2026 Grant Director
Date Title

361
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1225 Agenda Date: 9/8/2026
Agenda #: S. Category: Consent Calendar
FROM:

Code Compliance
SUBJECT:

Award contract for Graffiti Removal Services
RECOMMENDATION:

1. Award bid and authorize the City Manager to enter into a Graffiti Removal Service Agreement (BS-26-191-SP) with 86 Graffiti to provide graffiti removal service on an as-needed basis with a Not-to-Exceed Amount of $200,000 for the period of five years (5) at the sole discretion of the City.

2. Authorize the City Manager to enter any future amendments to the Graffiti Removal Service Agreement not to exceed $100,000.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

In March 2026, the City of Fontana implemented a Graffiti Removal Program that allows Residential and Commercial property owners to sign a waiver that will allow our City contracted graffiti removal company(s) to remove all graffiti from private property at no cost to the property owner. To this date, the Code Compliance Division has opened more than 660 cases pertaining to graffiti.

To keep up with the demands of this ongoing nuisance, Code Compliance decided to expand the service for graffiti removal and go through another bidding process for additional graffiti removal companies. After completing a formal bidding process, it was determined that the companies (BCM and DOPP) that the City is currently under contract that still offer the lowest cost. However, the addition of 86 Graffiti will provide the specialized graffiti removal that is necessary where painting the surface is not feasible and/or requires specialized application for removal. After evaluating the vendors responses, 86 Graffiti has been recommended to be awarded the bid for graffiti removal on an as needed basis.

FISCAL IMPACT:

Funds have been budgeted in the current Fiscal Year 2026/2027 operating budget specifically in the Code Compliance Fund, Org 10132401-8130. Existing purchase order will be disencumbered to cover the cost of the new vendor, not to exceed $200,000 for the remainder of the fiscal year.

MOTION:

City of Fontana Printed on 9/3/2026Page 1 of 2
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362
File #: 26-1225 Agenda Date: 9/8/2026
Agenda #: S. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Printed on 9/3/2026Page 2 of 2
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1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
BS-26-191-SP

This professional services agreement (“ Agreement”) is made and entered into as of August 26, 2026 (“Effective Date”), 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 86Graffiti, with its principal place of business at 16813 Ceres Ave, Fontana CA 92335 (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:

Graffiti Removal Services
(hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional services for [INSERT CONSULTANT DUTIES], and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals.

The recitals above are true and correct, and are hereby incorporated herein by this reference.

2. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” In the event of any inconsistency between the terms of Exhibit “A” and this Agreement, the terms of this Agreement shall govern.

3. Professional Practices.

All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any 364
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2 changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(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 $ 200,000 per fiscal year . This amount is to cover all printing and related costs for the duration of the term, and the City will not pay any additional fees for printing expenses.

c. Consultant may submit invoices to City for approval. Each invoice shall reflect only those services that have been completed to the City’s sole satisfaction and shall include a detailed desci0tion of the work performed. . City shall pay Consultant’s invoice within thirty (30)days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional S ervices” and shall identify the number of the authorized change order, where applicable, on all invoices.

c. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

5. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Maintenance of Records.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles from the commencement of this Agreement until four (4) years after the termination or completion of the Agreement, and shall be made available to City for inspection and/or audit at mutually convenient times during that period.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

7. Term
The term of this Agreement shall begin on 9/1/2026 and shall end on 8/31/2031, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the 365
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3 term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed The Notice to Proceed shall set forth the date of commencement of work.

8. 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 a Force Majeure Event. A Force Majeure Event shall mean an event that material affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, and rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other P arty describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

9. 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.

10. 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 sim ilar conditions.

Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the services. Consultant warrants that all employees and subconsultants shall have 366
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4 sufficient skill and experience to perform the services assigned to them. Consultant represents that it, its employees, and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions w hich are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the Cit, shall be promptly removed from working on the Project by the Consultant and shall not be re-employed to perform any of the Services.

11. Conflicts of Interest.

During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

12. 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.

13. 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. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, sal aries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

14. 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 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. Additional Insured
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5 The City, its elected and appointed officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City , its elected and appointed 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. c. 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.
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6 (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 elected and appointed 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.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and the (4) introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Reserved
h. Minimum Policy Limits Required
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7 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and aggregate

(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. i. 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.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
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8 (iii) The retroactive date (if any) of each policy is to be no later than the Effective Date . Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanc ed past the Effective Date ; 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 . (iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and City-designated 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.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. 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.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 371
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9 (iv) Neither the City nor any of its elected and appointed officials, officers, employees, agents or volunteers shall not be personally responsible for any liability arising under or by virtue of this Agreement.
(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 this Agreement or law.
(vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the services under this Agreement.
m. 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 s ection. 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.

15. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by City ), indemnify and hold the City, its elected and appointed officials, officers, employees, authorized volunteers, and agents free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (“Claims”), in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys ’ fees and other related costs and expenses.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, receiv ed by the City, the City Council, members of the City Council, officials, officers, employees, agents, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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10 16. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects . If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City , its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

17. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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11 18. Reserved.

19. 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.

20. Termination or Abandonment.
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. If the Agreement is terminated prior to its completion for any reason, Consultant shall refund the monthly prorated cost of the incomplete term.

21. Ownership of Documents and Confidential Information. a. 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 sole property of the City. b. Consultant may receive written or verbal information from City not in the public domain during the course of the performance of this Agreement. Such information may include City’s knowhow, trade secrets, and other proprietary and confidential information; and Consultant agrees to treat such information as confidential information belonging to City.

Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Consultant further agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use exercising the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow Ci ty to assert whatever exclusions or exemptions may be available to it under applicable law or regulation. 374
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12 22. Responsibility for Errors.

Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisf action of the City and to participate in any meeting required with regard to the correction.

23. Attorneys’ Fees.

In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

24. Organization.

Consultant shall assign Willie Nakatani Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

25. Prohibited Employment.

Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

26. Costs.

Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder excep t as expressly provided herein.

27. Limitation of Agreement.

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

28. 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:

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13 CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jason Barber
CONSULTANT:
86Graffiti
16813 Ceres Ave.

Fontana, California 92335
Attn: Willie Nakatani

and shall be effective upon receipt thereof.

29. 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.

30. 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.

31. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each 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 not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

32. Severability.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.

33. 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.
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14 34. Non-Waiver.

The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

35. Time of Essence.

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

36. Headings
Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

37. Amendments.

Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

38. 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.

39. Prohibited Interests.

Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City , shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

40. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

41. Survival.
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15 All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

42. Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature.

Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
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16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
86Graffiti

By:

Willie Nakatani

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Department Head
Title

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 Manager

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Exhibit A-1

EXHIBIT A
Scope of Services

2.1 INTRODUCTION:

The City of Fontana (“City”) requests proposals from California licensed contractors that are qualified to abate graffiti from private properties for the City. The successful contractor(s) shall comply with the requirements stated in this Request for Proposals (“RFP”).

After reviewing the information submitted in response to this RFP , the City expects to identify a contractor or contractors capable of meeting the City's requirements. If more than one contractor is selected and contracted, a list of pre-contracted, graffiti removal contractors will be created by the City and the list will be used on a rotating basis, although the City reserves the right to use any contractor on the list at any time. It is the intent of the City to contract for services for a five (5) year period.

2.2 PROJECT DESCRIPTION
Graffiti removal services are needed by the City for privately owned properties, with consent and signed waiver from the property owner. Contractor will not remove any graffiti until the City has emailed a copy of the signed waiver and a photograph of the graffiti that needs to be removed.

2.3 GRAFFITI ABATMENT SERVICES

The contractor shall:
• Ensure that personnel shall wear appropriate attire that displays the contractor’s business name or logo; and all service vehicles being used shall be clearly marked with the Contractor’s business name • Remove all graffiti using appropriate methods based on surface type, but not limited to:
o Pressure washing (hot/cold water)
o Chemical removal agents
o Sand blasting
o Painting over (color blocking- no outlining)
o Must match the existing paint color
o Ensure removal methods do not damage underlying surfaces o Dispose of all waste materials in compliance with local regulations o Restore affected surfaces to the closest possible original condition 380
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Exhibit A-1

2.4 REQUIREMENTS

• Graffiti shall be removed 24- 48 hours after being notified. Failure to arrive within 24-48 hours will result in a 10% reduction in the overall cost of the call-out job.
• Graffiti removal completion rate- 100% removal

1. Contractor must have cellular telephone and email address for daily notification. • Normal working hours under this agreement shall be considered Monday through Friday from 7:00 a.m. to 5:00 p.m.

2. All work under this order shall be coordinated with and approved by the Code Compliance Manager/Supervisor as a condition precedent to contract compliance and payment for services.

3. Invoices for services shall be understood in presentation to avoid confusion, shall furni sh a good audit under standing and shall be applicable to the contract invoiced. Invoices shall be itemized for each activity and shall include the following information, as applicable:
• All invoices must be submitted within 30 days of the date of service • Date of Service
• Time of Service (i.e. Regular or Overtime)
• Date of Invoice
• Site address
• Total square footage of the removal of graffiti
• Name of City representative requesting service
• Must attach before/after photos
• List the cost for each service trip to include the base removal or painting fee, add in each of the call out charges that apply to that particular service call. Example: 100 sq removal: $xxx, Qty 1 After Hours Call Out Charge Weekday. Etc.

4. Contractor must have a valid Contractors License that is closely related to the services requested and obtain a City Business License.

5. The Code Compliance Manager/Supervisor or his/her designee must approve special equipment rental fees and speci al material fee in advance. Failure to obtain prior approval will result in denial of payment for said equipment or material.

6. Only one after-hours call-out charge will be assessed if services are required from contractor and contractor is on scene from original call-out.

Weekend call out charge is to meet the DIR requirement for Saturday and Sunday pay for prevailing wage which is added to the base cost.

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Exhibit A-1

7. Emergency Services (vulgar, threatening, or offensive) determined by the City of Fontana, the contractor will have the ability to respond within 2 hours of receiving the request, seven days a week.
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16498.00001\44594163.1

Exhibit B-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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16498.00001\44594163.1

Exhibit C-1

EXHIBIT C
Activity Schedule
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Revised Pricing Quote – Graffiti Bid BS-26-191-SP

1. Graffiti Cover Up (Paint)
Day Call Out Rate Price per sq ft *
1-50 51-100 101-250 251-500 501-750 751-1000 1001+
Regular Day (Mon-Fri, 7am-5pm) $ $ $ $ $ $ $ $
Saturday $ $ $ $ $ $ $ $
Sunday $ $ $ $ $ $ $ $
Holiday $ $ $ $ $ $ $ $
2-Hour Emergency (Added on top of regular
call out) $
Cancellation Fee Charge $

2. Graffiti Removal (Non-Paint)
Day Call Out Rate Price per sq ft *
1-50 51-100 101-250 251-500 501-750 751-1000 1001+
Regular Day (Mon-Fri, 7am-5pm) $ $ $ $ $ $ $ $
Saturday $ $ $ $ $ $ $ $
Sunday $ $ $ $ $ $ $ $
Holiday $ $ $ $ $ $ $ $
2-Hour Emergency (Added on top of regular
call out) $
Cancellation Fee Charge $

8.00 8.00

8.00 8.00
250.00
350.00
450.00
550.00
550.00
250.00
550.00

1.50 1.50

1.50 1.50
550.00
450.00
125.00
350.00
125.00

1.25 1.25

1.00 1.00

1.00 1.00
86Graffiti
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*Important Note on Pricing: Billing is tier-bracketed, not cumulative. The total square footage places the entire job into a single rate bracket.
• Correct Calculation Example (105 sq ft): Call Out Flat Rate + (105 sq ft × Rate for the 101–250 sq ft tier) • Incorrect Calculation Example: Call Out Flat Rate + (50 sq ft × 1–50 Rate) + (50 sq ft × 51–100 Rate) + (5 sq ft × 101–250 Rate) Note: Invoices submitted using progressive/cumulative pricing will be rejected.

DIR prevailing wage, the highest rate will be used if the event happens on a holiday and a Saturday or Sunday. 2 hour emergency call out charge is applied on top of the regular call out charge.

Fontana Code Compliance staff are only allowed to authorize any work to be completed. All work shall be completed during standard working hours within the 48-hour period, if work requests issued on a Friday and the work cannot be completed that day, the work shall not be completed until the following Monday (Regular Day) unless Code Compliance provides speciﬁc written notice they want the work completed on a holiday, Saturday, Sunday or it is 2 hour emergency.

Only Fontana Code Compliance staff may authorize work. All work must be completed on a Regular Day within a 48-hour period. If a work request is issued on a Friday and cannot be ﬁnished that same day, work must pause until the following Monday. Exceptions require speciﬁc written authorization from Code Compliance for work to be complete on a Saturday, Sunday, Holiday , or 2-hour emergency.

City will allow only one call out per calendar day, if multiple work orders are received the contractor has discretion on when to complete the work within the allowed time frame.

If your company cannot complete the work order due to time constraints or insufficient expertise, you must immediately notify the Code Compliance officer who issued the order and formally decline the assignment.

Deﬁnition of graffiti removal means that the paint shall be removed to the extent that it is completely erased to the level of not recognizable that the surface previously had writing on it or the surface dulled where the writing once was.

List of applicable Holidays observed that would be billed under the Holiday rate:
• New Year’s Day
• Martin Luther King Jr. Day
• President’s Day
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• Memorial Day
• Independence Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• Christmas Eve
• Christmas Day

Revision of wording from the RFP related to invoicing (replaces RFP Item 2.4 item 3):

Invoice Requirements: Invoices for services rendered must be clear, easy to audit, and directly applicable to the speciﬁc contract being invoiced.
• Submission Deadline: All invoices must be submitted within 30 days of the date of service. • Invoice Frequency & Structure: Submit only one invoice per calendar day, itemized by each property visited on that date.

Required Invoice Itemization:
• Date of Service
• Time of Service
• Date of Invoice
• Type of Call-Out (Regular, Saturday, Sunday, or Holiday) • Type of Service (Cover-up or Removal)
• Site Address
• Total Square Footage of Graffiti Removal
• Name of the City Representative Requesting Service
• Before and After Photos
• Cost Breakdown (Work performed and call-out fee)

387
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1226 Agenda Date: 9/8/2026
Agenda #: T. Category: Consent Calendar
FROM:

Code Compliance
SUBJECT:

Amend On Call Board Up and Maintenance Services Agreement RECOMMENDATION:

1. Authorize the City Manager to increase the aggregate Not-to-Exceed amount for the On-Call Board Up Services Agreements (BS2548SP) with DOPP Property Services and BCM Group, Inc. to $200,000 through the contract period.

2. Authorize the City Manager to enter any future amendments to the On Call Board Up Service Agreement not to exceed $100,000.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

In February 2025, the City of Fontana entered into agreements with DOPP and BCM for On Call Board Up Services through February 1, 2030. The original agreements established a not-to-exceed amount of $100,000 for each contractor.

Since March 2026, DOPP and BCM have also been utilized to address the City's ongoing need for graffiti removal from private property. As graffiti abatement has become an increased priority, the City allocated an additional $100,000 to the graffiti removal program in July 2026 and will add a third on- call contractor, 86 Graffiti, to increase service capacity and responsiveness.

To provide greater operational flexibility and ensure available resources can be directed where they are most needed, staff recommends establishing a combined not-to-exceed amount of the budgeted amount for all three on-call agreements, rather than assigning a specific dollar amount to each individual contractor. Under this structure, the total expenditures among DOPP, BCM, and 86 Graffiti would not exceed the total Council-approved budget of $200,000; however, staff would have the flexibility to allocate work and funding among the three contractors based on budget availability, performance, service needs, and workload.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an aggregate non-to-exceed amount of $200,000 for all contracts for graffiti abatement services and is included in the 2026-27 budget in account 10132401-8130.

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File #: 26-1226 Agenda Date: 9/8/2026
Agenda #: T. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1227 Agenda Date: 9/8/2026
Agenda #: U. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Conflict-of-Interest Code 2026 Local Agency Biennial Notice Pursuant to the Political Reform Act RECOMMENDATION:

1. Receive and File the 2026 Local Agency Biennial Notice Pursuant to the Political Reform Act.

2. Direct staff to promulgate the necessary amendments and return to the City Council prior to December 31, 2026, for adoption pursuant to the Political Reform Act.

COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to review its Conflict-of-Interest Code biennially. The City has completed its review of the Conflict-of-Interest Code and is required to file the 2026 Biennial Notice by October 1, 2026.

City staff reviewed the Conflict-of-Interest Code and noted areas that may require amendments as noted on the 2026 Local Agency Biennial Notice.

The City Council is the code reviewing body for the City. Therefore, staff is requesting the City Council receive and file the 2026 Local Agency Biennial Notice, and direct staff to make appropriate amendments for City Council adoption prior to December 31, 2026, as required by the Political Reform Act.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

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Fontana City CouncilSeptember 8, 2026

Fontana City Council
September 8, 2026