Agenda packet — Fontana City Council, September 8, 2026 (part 1 of 4)

Tuesday, September 8, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1997 Reso. No. 2026-081
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda September 8, 2026 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworker's Auditorium 8437 Sierra Avenue, Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Steelworker's Auditorium is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

The City provides automated live translation services during City Council meetings. To request additional language assistance, please contact the City Clerk's Office at (909) 350-7602.

La Ciudad ofrece servicios automatizados de traducci ón en vivo durante las reuniones del Concejo Municipal. Para solicitar asistencia adicional en otros idiomas, comuníquese con la Oficina, “City Clerk” al (909) 350-7602.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:30 P.M. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6 City Negotiator:

City Manager, Matt Ballantyne and Rakesha Voss, Director of Human Resources and Risk Management. Employee
26-1241

Page 1 of 13 ends

2 City Council Meeting Regular Agenda September 8, 2026 Organization(s): Police Management Association and
Police Officers Association
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CEREMONIAL/ SPECIAL PRESENTATIONS:

A. Ceremonial/ Special Presentations
A. Mayor Warren and City Council to swear in new Fontana Police Officers Jacob Clabaugh, Roberto Fonseca,
Nicholas Kennedy, Alejandro Lozano, Seth Milliron, Isaac Pena, Brandon Webb and Christopher Yglesias.
26-1231
B. Mayor Warren and City Council to recognize Sergeant Brian McLane, Officers Corey Garcia, Joe Moreno, John Isaacs, and Christine Tomicic, Reserve Officer Spencer
Brumbaugh, San Bernardino County Behavioral Health
Social Worker 2 Jeff Everett and Police Administrative
Assistance Patricia Lopez as July 2026 Employees of the Month.
26-1232
C. Mayor Warren and City Council to proclaim the month of September, as Emergency Preparedness Month.
26-1234
D. Mayor Warren and City Council to recognize Community Services Department Employee of the Year.
26-1235
E. Mayor Warren and City Council to recognize Innovation & Technology Department Employee of the Year.
26-1236
PUBLIC COMMUNICATIONS:

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

A. Public Communications

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3 City Council Meeting Regular Agenda September 8, 2026 CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 26-1210
Approve the amended minutes of July 14, 2026, Regular City Council Meeting and the minutes of August 11, 2026, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes 07-14-2026 Amended.pdf
Attachment No. 2- City Council Meeting Minutes
08-11-2026.pdf
Attachments:

B. Approve Contract Change Order for Village of Heritage Liberty Parkway Loop Patching and Pavement
Rehabilitation Project (DE-26-97-SB)
26-1177
Approve and authorize the City Manager to issue a Contract Change Order in the amount of $638,054.80 for a total contract amount of $3,186,745.80 and increase the construction contingency amount by $63,805.48, for a total contingency amount of $318,674.58 (DE-26-97-SB).

Attachment No. 1- VoH Entrances Pavement Rehab R1.pdf
Attachment No. 2- 26-016 LIBERTY PKWY. ENTRANCES -
REVISED 073126_08042026_021305.pdf
Attachments:

C. Approve Amendment No. 1 to Task Order # 1 for
Environmental Services with Ultrasystems Environmental, Inc. for the Westgate Improvements (RAISE) Project
26-1178

1. Approve and authorize the City Manager to enter into Amendment No . 1 to Task Order No. 1 with UltraSystems Environmental, Inc. for the Westgate Improvements (RAISE) Project in the amount of
$523,300.00, for a total task order amount of $576,670.00.

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order with a not- to-exceed amount of $100,000.00.

Attachment No. 1 -Ultrasystems Proposal
Attachment No. 2- Ultrasystem Task Order No. 1.pdf
Attachments:

D. Final Acceptance for the Jessie Turner Center Indoor Basketball Court Replacement Project (PW-26-105-SB)
26-1182

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4 City Council Meeting Regular Agenda September 8, 2026 Accept as completed work performed by McWil Sports Surfaces Inc. for the installation of a new gym floor, contract PW-26-105-SB, located at 15556 Summit Avenue, Jessie Turner Community Center.

Attachment No. 1- Gym Floor Notice of Completion.pdfAttachments:

E. Approve a contract with Dhasa Care Foundation to support visual and performing arts component for the Fontana
Expanded Learning Program’s school sites.
26-1187

1. Approve a contract with Dhasa Care Foundation to support the visual and performing arts component for the Fontana Expanded Learning Program’s school sites utilizing the Purchasing Policies and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Unique Services.

2. Authorize the City Manager to enter into a contract with Dhasa Care Foundation in the amount of $600,000 for the Dhasa Care Music Arts Program and any amendments for the term of the agreement.

Attachment No. 1- Dhasa Care Music and Performing Arts
Scope of Services
Attachment No. 2- Dhasa Care Foundation
CS-27-37-MS.docx
Attachments:

F. Approve the purchase order of S&S Worldwide to support materials/supplies for the Fontana Expanded Learning
Program’s school sites.
26-1223

1. Authorize to procure instructional and classroom supplies utilizing the Purchasing Policies and Procedures Manual Section 3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use The Interlocal Purchasing System (TIPS) Texas of Education contract 240402 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to S&S Worldwide for FY 2027/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school site.

Attachment No. 1- Rev QU121087 Fontana Community
Services.pdf
Attachments:

G. Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
26-1224

1. Approve a contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program to the Fontana Expanded Learning Program’s middle school site participants.

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5 City Council Meeting Regular Agenda September 8, 2026

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

Attachment No. 1- TA Mentoring Services, LLC
CS-27-19-MS.pdf
Attachment No. 2- TA Mentoring Services FELP 26-27
Proposal.pdf
Attachment No. 3- Scope of Service - Noble Youth 26-27.pdf Attachments:

H. Approve Amendment No. 1 to Task Order No. 3
(DE-24-195-SQ) with NV 5, Inc. for Plan Check, Map Check, and WQMP Review Services
26-1189
Approve and authorize the City Manager to enter into Amendment No. 1 to Task Order No. 3 (DE-24-195-SQ) with NV5, Inc. in the amount of $214,000 and an amended Task Order total of $313,000 for additional plan check, map check, and WQMP review services.

Attachment No. 1- Task_Order_#3 NV5 $99,000.pdfAttachments:

I. Approve an Agreement with the San Bernardino County
Flood Control District Related to National Pollutant
Elimination System (NPDES) Stormwater Permit
26-1193

1. Approve the National Pollutant Elimination System Stormwater Permit Implementation Agreement Santa Ana Region between the City of Fontana and the San Bernardino County Flood Control District.

2. Authorize the City Manager to enter into the Agreement.

Attachment No. 1- NPDES 26-27 Program Budget
Distribution.pdf
Attachment No. 2- MS4 Implementation Agreement 2026
with signature page.pdf
Attachments:

J. Police Department Donations January - June 2026 26-1197 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

Attachment No. 1- PD Donation List Jan - June 2026.xlsxAttachments:

K. Structural Truss repair at Fire Station No. 72 26-1200 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

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6 City Council Meeting Regular Agenda September 8, 2026 (PW-26-280-CC).

Attachment No. 1- Bid Summary PW-26-280-CC.pdf
Attachment No. 2- Notified Vendors List PW-26-280-CC.pdf Attachment No. 3- Vandert Construction Info.pdf
Attachments:

L. Reinstatement of Resolution No. 2026-062, 2026-063,
2026-064, 2026-065, 2026-066, 2026-058.
26-1203

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.

Attachment No. 1- LMD 1 Resolution Confirming (2026-27) -c1.doc
Attachment No. 2- LMD 2 Resolution Confirming (2026-27) -c1.doc
Attachment No. 3- LMD 3 Resolution Confirming (2026-27) -c1.doc
Attachment No. 4- LMD 3-1 Resolution Confirming (2026-27) -c1.doc
Attachment No. 5- LLMD 3 Resolution Confirming (2026-27) -c1.doc
Attachment No. 6- Resolution to Levy Community Facilities District No. 1 (2026-27) 1.doc
Attachments:

M. Reinstatement of Resolution No. 2026-072, 2026-073,
2026-074
26-1219
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.

Attachment No. 1- Annual Nuisance Resolution 2026-2027
Attachment No. 2- Annual Weed Resolution 2026-2027
Attachment No. 3- Annual Rubbish Resolution 2026-2027
Attachments:

N. 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
26-1218

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7 City Council Meeting Regular Agenda September 8, 2026 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.

Attachment No. 1 - Ventana Specific Plan - Planning Area 1B Maintenance Agreement.pdf
Attachment No. 2 - Planning Area 1B Vicinity Map.pdf
Attachments:

O. Transformative Climate Communities (TCC) Program
Resolution Authorizing Submittal of Application and Other Grant Related Documents
26-1207

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.

Attachment No. 1- Resolution Authorizing the Application for Grant Funding Under the TCC Program.docx
Attachments:

P. Approve Measure I Five-Year Capital Needs Analysis for Fiscal Years 2027/2028 - 2031/2032
26-1209
Adopt Resolution No. 2026-082, adopting the Fiscal Years 2027/2028 - 2031/2032 Measure I Five-Year Capital Project Needs Analysis (CPNA).

Attachment No. 1- Resolution No. 2026-082
Attachment No. 2- 2028-2032 CPNA Submittal
Attachments:

Q. Acceptance of 2026 ABC Grant 26-1216

1. Approve an ABC Grant in the amount of $29,000.00 to increase the department’s proactive efforts of ABC education and enforcement to be used for the employee’s salary 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.

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8 City Council Meeting Regular Agenda September 8, 2026 Attachment No. 1- Exhibits.pdfAttachments:

R. 2027 Selective Traffic Enforcement Program Grant Award 26-1217

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.

Attachment No. 1- Grant Agreement -
PT27059_encrypted_.pdf
Attachments:

S. Award contract for Graffiti Removal Services 26-1225

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.

Attachment No.1- PSA Graffiti BS-26-191-SP - 86Graffiti.pdfAttachments:

T. Amend On Call Board Up and Maintenance Services
Agreement
26-1226

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.

Attachment No. 1- BCM Contract.pdf
Attachment No. 2- DOPP Contract.pdf
Attachments:

U. Conflict-of-Interest Code 2026 Local Agency Biennial Notice Pursuant to the Political Reform Act
26-1227

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

Page 8 of 13 ends

9 City Council Meeting Regular Agenda September 8, 2026 the Political Reform Act.

Attachment No. 1- 2026 Local Biennial Notice.pdfAttachments:

V. Approve Purchase of Closure Intelligence AI Software 26-1239

1. Authorize the purchase and installation of the Closure Intelligence AI Software.

2. Approve the Sole Source Purchasing method under the Purchasing Policies and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Single /Sole Source for Fontana Police Department to purchase AI software from Closure Intelligence, Inc.

3. Approve and authorize the City Manager or his assigned designee to enter into documents related to the purchase of Closure Intelligence, Inc. AI software.

Attachment No. 1- (Execution Version) FPD - Closure
Intelligence Inc. - Order Form and Platform Services
Agreement (08.25.26)-c1.docx - 8_25_26 4_51 PM - signed Attachments:

W. Reduction of User Fees for Block Party Permits 26-1242 Adopt Resolution No. 2026-083, a resolution of the City of Fontana reducing the user fee for Block Party Permits that was previously set forth in a master fee schedule.

Attachment No. 1- Reso_Reduction of Block Parties
Fees.docx
Attachments:

X. Adoption of Resolution 2026-084 Approving Purchase and Sale Agreement - Water of Life Community Church Property Acquisition.
26-1244

1. Approve the Purchase and Sale Agreement and Joint Escrow Instructions (“ PSA”) between the City of Fontana and Water of Life Community Church, a California nonprofit religious corporation (“WOL”), for City ’s acquisition of Lot C (APN 1100-091-71-0000) and Lot D (APN 1100-111-51-0000).

2. Approve the Lot C Ground Lease (“ Ground Lease”) between City, as landlord, and WOL, as tenant, for WOL ’s continued use of Lot C following closing.

3. Approve the Public Benefit Use Covenant requiring continued operation of CityLink Social Services on Parcel 1 for a period of fifteen (15) years.

4. Approve the Binding Memorandum of Understanding (“ MOU”) relating

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10 City Council Meeting Regular Agenda September 8, 2026 to the Put Option for City ’s potential acquisition of the Parcel 2/project property upon a qualifying triggering event, subject to the terms and limitations set forth therein.

5. Authorize the City Manager, or designee, to execute the PSA, Ground Lease, Public Benefit Use Covenant, Binding Memorandum of Understanding, escrow instructions, closing documents, and any other ancillary documents necessary to complete the transaction, subject to approval as to form by the City Attorney.

6. Authorize the City Manager, or designee, in consultation with the City Attorney, to take any actions necessary to comply with or confirm an exemption from the Surplus Land Act (SLA), including making any modifications to the Ground Lease in connection with complying with or confirming an exemption from SLA, before final execution and delivery of the Ground Lease.

Attachment No. 1 - Resolution
Attachment No. 2 - Binding Memorandum of Understanding - Put Option - Water of Life - City of Fontana
Attachment No. 3 - Fontana - WOL PSA for APN
0232-201-012 013
Attachment No. 4 - Ground Lease - Fontana - Water of Life Church
Attachments:

Y. Designation of Voting Delegate for the League of California Cities Annual Conference, September 23-25, 2026,
Anaheim, California
26-1229
Appoint Mayor Warren as the voting delegate for the League of California Cities Annual Conference, in Anaheim, California, on September 23-25, 2026, and authorize the designated voting delegate to vote in support of Resolution No. 1.

Attachment No. 1- 2026 Voting Delegate Packet.pdfAttachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor

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11 City Council Meeting Regular Agenda September 8, 2026 (b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Quarterly Lien Action for Delinquent Sewer and Solid Waste Accounts
26-1238

1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent and solid waste accounts more than ninety days delinquent, outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

2. Adopt Resolution No. 2026-085, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.

Attachment No. 1- Resolution Authorizing Placing liens on Solid Waste and Sewer Fees
Attachments:

B. Public Hearing for Consolidated Annual Performance
Evaluation Report (CAPER) Fiscal Year 2025-2026
26-1222

1. Conduct a public hearing for the Consolidated Annual Performance Evaluation Report (CAPER) prepared for the U .S. Department of Housing & Urban Development to report on specific Federal during Fiscal Year 2025-2026; and

2. Authorize the City Manager to enter into and /or transmit any documents necessary to submit the Consolidated Annual
Performance, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development.

Attachment No. 1- Final CAPER 082526.pdfAttachments:

C. Complete Change Proceedings to Amend the Rate and
Method of Apportionment of the Existing Special Tax of
City of Fontana Community Facilities District No. 117
(Southridge).
26-1214

1. Conduct a Public Hearing regarding Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge).

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12 City Council Meeting Regular Agenda September 8, 2026

2. Adopt Resolution No. 2026-086, of the City Council of the City of Fontana, California, calling a Special Election for Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge).

3. Direct the City Clerk to Conduct a Special Election and take other actions related to such Special Election of the qualified electors of City of Fontana Community Facilities District No. 117 (Southridge).

4. Adopt Resolution No. 2026-087, of the City Council of the City of Fontana, California, Declaring Results of a Special Election regarding Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge).

5. Adopt Resolution No. 2026-088, of the City Council of the City of Fontana, California, determining that Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge) are Lawfully Authorized and Directing Recording of an Amendment to the Notice of Special Tax Lien.

6. Conduct a first reading of a Special Tax Ordinance No. 1997 of the City Council of the City of Fontana, California, Amending and Restating Ordinance No. 1986 Levying a Special Tax within City of Fontana Community Facilities District No. 117 (Southridge).

Attachment No. 1- Reso Calling Election - City of Fontana CFD No. 117 (Southridge) RMA Amend 4139-3911-0250

3.pdf
Attachment No. 2- Reso Declaring Results - City of Fontana CFD No. 117 (Southridge) RMA Amend 4127-8154-7882

2.docx
Attachment No. 3- Reso of Change - City of Fontana CFD
No. 117 (Southridge) RMA Amend 4154-8267-9658 2.docx
Attachment No. 5- Concurrence Election Official - City of Fontana CFD No. 117 (Southridge) RMA Amend
4161-7067-6586 2.docx
Attachment No. 4- Amended Ordinance Lvy Tax - City of
Fontana CFD No. 117 (Southridge) RMA Amend
4140-7326-2442 2.docx
Attachment No. 6- Amend Ntc Spcl Tax Lien - City of
Fontana CFD No. 117 (Southridge) RMA Amend
4149-1205-7706 2.pdf
Attachment No. 7- Consent and Waiver of KB HOME.pdf
Attachment No. 8- SB County Registrar of Voters
LetterCertification_CityofFontana_CFDNo117.pdf
Attachments:

Page 12 of 13 ends

13 City Council Meeting Regular Agenda September 8, 2026 CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on September 22, 2026 at 2:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.

Page 13 of 13 ends

14 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1241 Agenda Date: 9/8/2026
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, September 8, 2026
1:30 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 9/2/2026Page 1 of 1
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15 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1231 Agenda Date: 9/8/2026
Agenda #: A. Category: Ceremonial Items
Ceremonial Item
Tuesday, September 8, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
City of Fontana Printed on 9/2/2026Page 1 of 1
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16 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1232 Agenda Date: 9/8/2026
Agenda #: B. Category: Ceremonial Items
Ceremonial Items
Tuesday, September 8, 2026
2:00 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 9/2/2026Page 1 of 1
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17 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1234 Agenda Date: 9/8/2026
Agenda #: C. Category: Proclamation
Proclamations
Tuesday, September 8, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter A. Garcia, Mayor Pro Tem
John B. Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 9/2/2026Page 1 of 1
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18 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1235 Agenda Date: 9/8/2026
Agenda #: D. Category: Ceremonial Items
Ceremonial
Tuesday, September 8, 2026
2:00 P.M.

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the amended minutes of July 14, 2026, Regular City Council Meeting and the minutes of August 11, 2026, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of July 14, 2026, Regular City Council Meeting which were amended to include the number of written protests received for Public Hearing Item B.

The City Council will also consider approval of the minutes of August 11, 2026, Regular City Council Meeting.

The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Amended Minutes

Tuesday, July 14, 2026

2:00 PM

Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
City Council Meeting

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

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CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Steelworkers’ Auditorium , 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 14, 2026.

Mayor Warren called the Regular City Council Meeting to order at 2:02 p.m.

ROLL CALL:

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

City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present.

ABSENT: Council Member Sandoval

INVOCATION/PLEDGE OF ALLEGIANCE:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Pro Tem Garcia.

CEREMONIAL/ SPECIAL PRESENTATIONS:

A. P resentation of Miss Fontana Court 26 -1122 Council Member Cothran introduced the 2026 Miss Fontana Pageant Court, who were recognized by Mayor Warren and the City Council for their accomplishments.

B. Mayor Warren and City Council to proclaim August 4, 2026, 26- 1136 as National Night Out (Police Chief Michael Dorsey to accept).

Mayor Warren and City Council proclaimed August 4, 2026, as National Night Out. Police Chief Michael Dorsey accepted and invited the community to attend National Night Out.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Frank Trainor expressed concerns about the ongoing use of illegal fireworks, citing public safety risks and property impacts, and urged the City to take stronger enforcement measures.

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George Sabbagh thanked the City for recent accessibility improvements at Cherry Avenue and Vital Path and expressed appreciation for the services provided by the Fontana Pathways Clubhouse.

Asher urged the City not to support U.S. Immigration and Customs Enforcement (ICE) or Department of Homeland Security (DHS) activities in Fontana and advocated for a more humanitarian approach to immigration and a pathway to citizenship.

Grace requested expressed concerns regarding several Consent Calendar items, including interfund loans, funding for the navigation center, and AI-related police services.

John Pedroza called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police- involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Isabel Rios called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police-involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Victor Rios Sr . called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police- involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Victor Rios Jr . called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police- involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Gio Tovar called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police-involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Michael Li introduced himself as a Fontana resident and local business owner, expressed an interest in learning more about local government and public safety, and stated his intention to become more involved in the community.

Hailee Hightower reflected on events that occurred one year earlier and expressed frustration with the handling of the matter.

Police Chief Mi chael Dorsey stated that the Fontana Police Department does not have any involvement or relationship with federal immigration enforcement activities and is compliant with Senate Bill 54. He noted that federal immigration enforcement may occur within the City without prior notification to the Department, and the Department does not provide support or assistance for those operations.

City Manager Matt Ballantyne clarified that the Parks, Community, and Human Services Commission meets quarterly and serves in an advisory capacity to the City Council. The Commission does not take formal action independently but may provide recommendations for City Council consideration. Meetings are canceled if there are no agenda items to discuss.

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CONSENT CALENDAR:

Prior to the motion, Mayor Warren requested that Items E, F, U, and AC, which were referenced during Public Communications, be pulled for staff presentation and discussion.

Item E

Deputy City Manager Phil Burum provided the staff report.

Item F

Deputy City Manager Burum provided the staff report.

Item U

Police Chief Dorsey provided the staff report.

Item AC

Deputy City Manager Burum provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4 -0 to approve Consent Calendar Items “A -AC.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval

A. Approval of Minutes 26-1117
Approve the minutes of June 23, 2026, Regular City Council Meeting.

B. Adoption of Ordinance No. 1993 (Second Reading), authorizing 26-1112 adoption of new or increased sewer services fees by
Resolution, and taking certain other actions relating thereto...End Conduct a second reading by title only and adopt, Ordinance No. 1993, authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions relating thereto.

C. Final Acceptance of the Bus Pad (Transit Stop Improvements) 26-1070 TDA 2023 Project (DE-25-182-CC)
Accept as complete the work performed by Gentry General Engineering, Inc. for the construction of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (DE-25-182-CC).

D. Purchase and Sale Agreement between the City of Fontana and 26-1094 San Bernardino County Transportation Authority for the
Acquisition of a Portion of Assessor’s Parcel Number
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0191-291-19-0000

1. Approve a Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fontana and San Bernardino County Transportation Authority for the acquisition of approximately 6,194 square feet of real property identified as a portion of Assessor’s Parcel Number 0191-291-19 -0000, for a purchase price of $111,000, plus escrow costs and related acquisition fees.

2. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

E. Authorize Operating funding to the Stage Red Enterprise Fund 26-1102

1. Approve funding for operating expenses to ASM Global in an amount not to exceed $1,685,413.

2. Amend the Memorandum of Understanding (MOU) for the inter-city loan between the City of Fontana General Fund, Capital Reinvestment (Fund 601), and the Stage Red Enterprise Fund, increasing the loan by $1,685,413 from $2,064,587 to $3,750,000.

F. Award a Construction Contract for the West End Regional 26-1103 Navigation Center Project (Bid No. DE-26-222-SB)

1. Approve and authorize the City Manager to award and enter into a construction contract not to exceed $14,620,100 that includes a 10% contingency with the lowest responsible/responsive bidder for the construction of the West End Regional Navigation Center Project (Bid No.

DE-26-222-SB).

2. Appropriate $4,200,000.00 from fund 604 (Transitional Use Tax) to Project No. 37600084, West End Regional Navigation Center Project.

G. Approve Amendment No. 1 to the Main Extension Contract with 26-1104 San Gabriel Valley Water Company

1. Approve and authorize the City Manager to enter into Amendment No. 1 to the Main Extension Contract with San Gabriel Valley Water Company in the amount of $195,000.00.

2. Approve and authorize the City Manager to enter into future Amendments to the Main Extension Contract with San Gabriel Valley Water Company not to exceed $100,000.00.

H. Approve Amendment No. 4 to Task Order No. 4 for Design 26-1105 Services with KOA, a Lochner Company, for the Sierra Avenue at Riverside Avenue Traffic Signal Project (SQ-87-DE-19)

1. Approve and authorize the City Manager to enter into Amendment No. 4 to Task Order No. 4 with KOA, a Lochner Company, for the Sierra Avenue 26

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at Riverside Avenue Traffic Signal Project in the amount of $145,570.00, for a total task order amount of $293,470.00.

2. Authorize the City Manager to enter into any future amendments to the Task Order not exceeding $100,000.00.

I. Award a Task Order for Geotechnical Observation, Materials 26-1106 Testing, and Special Inspection Services for Fire Station No. 80 - Training Center Project (Bid No. DE-24-195-SQ-16)

1. Approve and authorize the City Manager to enter into the Task Order with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Observation, Materials Testing, and Special Inspection services for the Fire Station No. 80 - Training Center Project (Bid No. DE-24-195-SQ-16) in the amount of $395,605.00.

2. Approve and authorize the City Manager to enter into future amendments to the Task Order for Geotechnical Observation, Materials Testing, and Special Inspection services for Fire Station No. 80 - Training Center Project not to exceed $100,000.00.

J. Approve and Authorize the City Manager to enter into a 26-1107 Maintenance Agreement to Establish Maintenance Obligations and Certain Rights Incidental to the Public Right-of-Way with HDO4, LLC
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.

K. Approve the purchase order to Oriental Trading Company to 26-1108 support materials/supplies for the Fontana Expanded Learning Program’s school sites.

1. Authorize to procure Teaching Aids: Instructional and Classroom Supplies utilizing the Purchasing Policy and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use the Education Services Center, Region 2 Agency Contract 26-27 E000 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to Oriental Trading Company for FY 2026/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

L. Approve the purchase order of Millu curriculum to support the 26-1109 Fontana Expanded Learning Program’s school sites.

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies Procedures 3.1.5 for Single Source/Sole Source method. 27

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2. Approve the purchase order in the amount of $144,172.31 with Millu curriculum to support character and social emotional development enrichment for the Fontana Expanded Learning Program’s school sites.

M. Approve a contract with Active Education to support 26-1110 physical education component for the Fontana Expanded Learning Program’s school sites.

1. Approve the Non- Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

2. Approve a contract in the amount of $180,180.00 with Active Education to support physical education component for the Fontana Expanded Learning Program’s school sites.

3. Authorize the City Manager to enter into the agreement and any future amendments.

N. Approve Task Order for Engineering Design Services for the 26-1111 O’Day Short Elementary Safe Routes to School Project

1. Approve and authorize the City Manager to enter into a Task Order in a not-to-exceed amount of $106,798.20 with Onward Engineering for Engineering Design Services for the O’Day Short Elementary Safe Routes to School Project, Request for Proposals DE-24-195-SQ-15.

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order in a not-to-exceed amount of $100,000.00.

3. Authorize the City Manager to enter into any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the O’Day Short Elementary Safe Routes to School Project.

O. Declaring Surplus Land - Property located at Arrow Blvd 26 -1113 & Tokay Ave (APN 0232- 171-17)

1. Approve Resolution No. 2026-069, declaring that the City-owned property on Arrow Blvd & Tokay Ave (Assessor’s Parcel Number 0232- 171-17) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

P. Police Department Monthly Information Update 26-1115 Accept the Police Department monthly information update for April 2026.

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Q. Police Department Monthly Information Update 26-1116 Accept the Police Department monthly information update for May 2026.

R. Approve Amendment No. 6 to the Professional Services 26-1121 Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) Approve and authorize the City Manager to enter into Amendment No. 6 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $324,890.00, for a total contract amount of $3,119,200.00.

S. Annual Placement of Sewer Charges on the Property Tax Rolls 26-1127 Adopt Resolution No. 2026-070, of the City Council of the City of Fontana, California, directing the placement of sewer charges on the property tax bills for collection.

T. Measure I Five Year Local Street Capital Improvement Program 26-1120 Annual Adoption
Adopt Resolution No. 2026-071, approving an amendment to the Fiscal Years 2025/2026-2029/2030 Measure I Five Year Local Streets Capital Improvement Program (CIP) adopting the Measure I Five Year Local Streets Capital Improvement for Fiscal Years 2026/2027-2030/2031.

U. Approve Purchase of Closure Intelligence AI Software 26-1131

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies and Procedure Manual 3.1.5 for Single/Sole Source method.

2. Authorize the purchase and installation of the Closure Intelligence AI Software

3. Approve and authorize the City Manager or his assigned designee to execute documents related to the purchase of Closure Intelligence, Inc. AI software

V. Annual Placement of Nuisance Abatement Charges on the 26-1137 Property Tax Rolls
Adopt Resolution No. 2026-072, of the City Council of the City of Fontana, California, directing the placement of Nuisance abatement charges on the property tax bills for collection for FY2026/2027.

W. Annual Placement of Weed Abatement Charges on the 26-1139 Property Tax Rolls
Adopt Resolution No. 2026-073, to replace and repeal Resolution No. 2025-041 of the City Council of the City of Fontana, California, directing the placement of weed abatement charges on the property tax bills for collection. 29

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X. Annual Placement of Rubbish Charges on the Property Tax 26-1140 Rolls
Adopt Resolution No. 2026-074, of the City Council of the City of Fontana, California, directing the placement of rubbish charges on the property tax bills for collection.

Y. Resolution of Consideration to Change the Rate and Method of 26-1142 Apportionment of the Existing Special Tax of Community
Facilities District No. 117 (Southridge)
Adopt Resolution No. 2026-075, of the City Council of the City of Fontana, California, of Consideration to Change the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge).

Z. Second Amendment to Option and Purchase and Sale 26-1143 Agreement for City owned property

1. Approve the Second Amendment to the Option and Purchase and Sale Agreement with SA Golden Investments, Inc., for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,600 square feet, more specifically described as APNs 0191-163-26, 0191-163-17, and 0191-163-16

2. Authorize the City Manager to enter into any documents necessary or appropriate to effectuate said approvals and/or agreement, including any related financing or subordination documents required to effectuate the close of escrow and development of the property.

AA. Authorization to Join the California JPIA Local Government 26-1145 Liability Reform Coalition

1. Authorize the City of Fontana to join the California Joint Powers Insurance Authority (California JPIA) Local Government Liability Reform Coalition; and

2. Authorize the use of the City's logo on coalition materials by approving the attached authorization form.

AB. Adoption of Comprehensive Capital Improvement Plan 26-1146 Adoption of Comprehensive Capital Improvement Plan

AC. Resolution of the City Council of the City Of Fontana, California 26-1147 Approving and Adopting the Fontana Business Assistance Loan Program and Guidelines

1. Consideration of Resolution No. 2026-079, to approve and adopt the implementation of the Fontana Business Assistance Loan Program, subject to Guidelines and attachments.

2. Determination that the City Council’s actions are not subject to and 30

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otherwise exempt from the California Environmental Quality Act (“CEQA”).

PUBLIC HEARINGS:

A. First General Plan Amendment and Project for the 1st 26-1043 General Plan Cycle of 2026; Master Case (MCN) No.
23-000034 & Master Case (MCN) No. 23-000044: General
Plan Amendment (GPA) No. 23-000002, Specific Plan
Amendment (SPA) No. 23-000002, Tentative Tract Map No.
20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement (AGR) No. 23-000012 - A Request to Amend the
General Plan Land Use Designation for an Approximately

9.3-Acre Site Located at the Northwest Corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52) from
Residential Planned Community (R-PC) to General
Commercial (C-G), to Amend The Arboretum Specific Plan
to Modify Allowed Land Uses and Reconfigure Planning
Areas and Park Sites, for Site and Architectural Review of a Proposed Commercial Center Consisting of 69,617 Square Feet of Commercial Development (49,362 Square Foot
Grocery Store With a 13,017 Square Foot Inline Shop
Building, 9,544 Square Foot Pad Building, and a 3,694
Square Foot Drive Thru Restaurant), For a Conditional Use Permit For the Sale of Alcohol For Off-Site Consumption in Conjunction With the Proposed Grocery Store, For A
Tentative Tract Map to Reconfigure and Parcelize the
Remaining Planning Areas and Park Sites in the Specific Plan Area, For a Tentative Parcel Map to Subdivide the
Retail Center, and to Amend The Arboretum Specific Plan Development Agreement to Reflect Modified Land Uses in the Specific Plan, Pursuant to an Addendum to the
Arboretum Specific Plan Environmental Impact Report...En

1. Adopt Resolution No. 2026-076 (General Plan Amendment Cycle No. 1 of 2026) a Resolution of the City Council of the City of Fontana approving, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report (State Clearinghouse [SCH} No. 2006071109), General Plan Amendment No. 23-000002 Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008), Design Review No. 23-000011, and Conditional Use Permit Mo. 23- 000005 for the property identified by Assessor’s Parcel Number 0239-081 -52, including amendments to exhibit 15.8 and 15.9 in chapter 15 of the General Plan, subdivision of the property, site and architectural approval of a 69,617 square foot commercial center, and a Conditional Use Permit authorizing the sale of alcohol for off-site consumption in connection with a grocery store at the commercial center; and
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2. Read by title only and waive further reading of and introduce Ordinance No. 1994, an Ordinance of the City Council of the City of Fontana, approving pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, Specific Plan Amendment No. 23-000002, an amendment to the Arboretum Specific Plan to modify permitted land uses and to reconfigure planning areas and park sites; and that the reading of the title constitutes the first reading thereof; and

3. Read by title only and waive further reading of and introduce Ordinance No. 1995, an Ordinance of the City Council of the City of Fontana, approving, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, a third amendment to the Arboretum Specific Plan Development Agreement; and that the reading of the title constitutes the first reading thereof.

Mayor Pro Tem Garcia announced that he would be recusing himself from this item due to his residence being located near the project site.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

Associate Planner Cecily Session-Goins provided the staff report.

Council Member Cothran inquired about potential traffic congestion and vehicle circulation challenges at the proposed shopping center, particularly at entry points and within the site.

Associate Planner Session- Goins responded that the project design provides sufficient stacking space and circulation through multiple access points on Sierra and Terra Vista, and that the site layout is expected to minimize traffic impacts.

Discussion ensued regarding buffering between the proposed commercial development and future residential areas, including sound walls, retaining walls, and site design features to address noise and visual impacts. Staff also addressed circulation near the adjacent school, pedestrian safety, future traffic improvements along Sierra Avenue, and noted that future residential development plans are not yet submitted.

With no requests to speak in favor or opposition, Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by vote of 3 -0 to approve Public Hearing Item “ A.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: None; RECUSE: Garcia; ABSENT: Sandoval

Mayor Pro Tem Garcia returned to the meeting.

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B. Master Case No. (MCN) 26-0004; Specific Plan Amendment 26-1118 (SPA) No. 26-0001; Conditional Use Permit (CUP) No. 26-0001; Conditional Use Permit (CUP) No. 26-0002; Conditional Use Permit (CUP) No. 26-0003; Conditional Use Permit (CUP) No. 26-0011 and Design Review (DR) No. 26-0002: a request to amend the text of Planning Area 4 of the Ventana Specific Plan to add gas stations and drive-throughs as conditionally permitted uses, a request to establish a gas station; a request to establish an Alcoholic Beverage Control (ABC ) Type 20 (Beer & Wine, Off-Sale) license for a proposed convenience store as part of the gas station; a request to establish an Alcoholic Beverage Control (ABC) Type 21 License (General, Off-Sale), and Type 86 ABC License (Sampling) for a proposed grocery store, a request to establish a drive-through use for a standalone building within the proposed retail shopping center; a request to establish a drive-through use for a portion of a multi-tenant building, and a request for site and architectural review of a commercial shopping center, on an 11.55 acre parcel, located at APN: 1107-262-07, and -65, pursuant to an addendum to the Ventana Specific Plan Final Environmental Impact Report (SCH No. 2021100400).

1. Adopt Resolution No. 2026-077, a Resolution of the City Council of the City of Fontana approving, pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Conditional Use Permit No. 26-0001 to establish a gas station and alcoholic beverage control type 20 beer and wine off-sale license for the convenience store as part of the gas station, Conditional Use Permit No. 26-0002 to establish an Alcoholic Beverage Control Type 21 general off-sale license and an Alcoholic Beverage Control Type 86 sampling license for a proposed grocery store, Conditional Use Permit No. 26-0003 to establish a drive-through use for a standalone building, Conditional Use Permit No. 26-0011 to establish a drive-through use for a suite as part of a multi-tenant building, and approving Design Review Permit No. 26-0002 for development of a new 98,783 square foot retail shopping center and associated site improvements on approximately 11.55 gross acres located on the southwest corner of Duncan Canyon Road and John Previti Avenue, identified as Assessor’s Parcel Numbers 1107-262-07 and -65; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1996, an Ordinance of the City Council of the City of Fontana approving, pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Specific Plan Amendment No. 26-0001 to add gas station and drive through uses as conditionally permitted uses to Planning Area 4 of the Ventana at Duncan Canyon Specific Plan; and that the reading of the title constitutes the first reading thereof.

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Mayor Warren opened the public hearing.

City Clerk Key stated that six written public communications were received.

Associate Planner Session-Goins provided the staff report.

Mayor Pro Tem Garcia inquired about potential traffic conflicts between the proposed gas station and surrounding uses, noting similar circulation issues at another shopping center.

Associate Planner Session- Goins explained that site design features, including a retaining wall, designated circulation paths, and directional traffic flow around the gas station, are intended to improve vehicle movement and reduce conflicts.

Council Member Cothran inquired about site grading, access points, pedestrian connectivity, and vehicle circulation for the proposed development.

Associate Planner Session- Goins explained that retaining walls would address grade differences, access points would be limited to right -in/right-out movements, and adequate vehicle queuing would be provided. S he also discussed pedestrian access routes and noted that the site includes enhanced walkability features, including internal walkways and protected sidewalks.

Council Member Cothran expressed appreciation for the pedestrian improvements and noted the importance of accommodating future drive-through traffic.

The following individuals spoke in opposition:

1. Grace

2. Adda

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts , seconded by Mayor Pro Tem Garcia, and passed by vote of 4-0 to approve Public Hearing Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

None; ABSTAIN: None; ABSENT: Sandoval

C. Adopt Development Impact Fee Nexus Study and Updated 26-1017 Development Impact Fees
Adopt Resolution No. 2026-078, adopting a Development Impact Fee Nexus Study, the findings contained therein, and revising the amount of Development Impact Fees to finance certain public facilities and taking certain other actions related thereto.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

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Deputy City Manager Burum provided the staff report.

Mayor Warren inquired about next steps following adoption of the development impact fee schedule.

Deputy City Manager Burum stated that recommendations would return to the City Council in September regarding potential revisions to the residential infill development impact fee discount and a temporary reduction for commercial development to encourage timely investment and attract new businesses.

Mayor Warren emphasized the importance of supporting commercial growth and being prepared for upcoming development opportunities.

Mayor Pro Tem Garcia requested clarification of the definition of “single- family detached” as it relates to the 50% development impact fee discount and asked staff to provide consistent definitions for use by staff and applicants.

Deputy City Manager Burum confirmed they would incorporate clarifying language into the future resolution or ordinance. He also noted that, if approved, implementation of the updated fee schedule would be delayed until July 1, 2027, to allow projects currently in progress time to proceed under the existing fees.

Council Member Cothran inquired whether the proposed development impact fee increases would be implemented all at once or phased in over time.

Deputy City Manager Burum clarified that the recommendation is to implement the updated fee schedule in full on July 1, 2027, while any potential temporary fee reductions or incentives would be considered separately.

The following individuals spoke in favor:

1. Bill Blankenship, of NAIOP

The following individuals spoke in opposition:

2. Jennifer Cardenas

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by vote of 4 -0 to approve Public Hearing Item “ C.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

None; ABSTAIN: None; ABSENT: Sandoval

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NEW BUSINESS:

A. Fiscal Year 2025-26 Fourth Quarter Budget Status Report 26-1097

1. Approve the recommended Fiscal Year 2025-26 Fourth Quarter Budget adjustments.

2. Authorize the City Manager or Designee to make necessary year-end budgetary and accounting adjustments to facilitate the fiscal year-end closing process not to exceed 5% of a fund’s total operating budget.

Chief Financial Officer Jessica Brown provided the staff report.

Council Member Cothran inquired about the Fire Protection District’s investment in the FXN studio.

Chief Financial Officer Brown explained that the investment supports emergency management communications, public safety outreach, and facility improvements that serve City purposes under the lease agreement.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by vote of 4 -0 to approve New Business Item “ A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

None; ABSTAIN: None; ABSENT: Sandoval

B. Transformative Climate Communities Program Application 26-1138

1. Consider the funding for the grant application submittal for three microgrid projects, specifically Don Day, City Civic Center and Jesse Turner Center and direct the City Manager, or City Manager’s designee, to enter into any agreements and documents necessary to advance the application.

2. Authorize the method to procure utilizing the Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal - (5) For renewable energy and energy efficiency projects.

Deputy City Manager Burum provided the staff report.

City Manager Ballantyne explained that Council approval was required for the design contract and that the project would position the City to pursue an estimated $20– 27 million grant while creating a shovel -ready project for future funding opportunities. The Council directed staff to proceed with the grant application and authorized the City Manager to execute the design contract.

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by vote of 4 -0 to approve New Business Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

None; ABSTAIN: None; ABSENT: Sandoval

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ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Discussion and Possible Action Regarding Appointment to Fill Vacancy on the Parks, Community and Human Services Commission

The following individual was slated for appointment to the Parks, Community, and Human Services Commission for the unexpired term ending December 9, 2026:

1. Geoffrey Styles

ACTION: Motion was made by Mayor Warren , seconded by Council Member Cothran, and passed by vote of 4-0 to appoint Geoffry Styles as Parks, Community, and Human Services Commissioner. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval

CITY MANAGER COMMUNICATIONS:

City Manager Ballantyne announced the cancellation of the July 28 Council meeting, with the next meeting anticipated on August 11. He recognized Community Services, Public Works, and the Police Department for a successful and safe Independence Day celebration, provided an update on fireworks enforcement under the new social host ordinance, and highlighted several consent calendar actions, including land acquisition for a future police substation, funding for the navigation center, establishment of a downtown business loan program, traffic signal and school-area improvements, and approval of contracts for after-school programming.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Clerk Key congratulated the newly crowned Miss Fontana Court, thanked Community Services staff for another successful Independence Day fireworks celebration, and wished her son-in-law a happy 50th birthday.

City Treasurer Koehler -Brooks thanked staff for a successful Independence Day fireworks event, recognized Chief Financial Officer Brown and staff for their work on the fourth quarter budget report, and encouraged everyone to have a safe summer.

Council Member Roberts commended staff, particularly Chief Financial Officer Brown, for the fourth quarter budget report highlighting the City's continued financial strength and development. He also expressed condolences to Council Member Sandoval on the loss of his brother and to the family of former Yucaipa Mayor Dick Riddell.

Council Member Cothran praised staff for another successful Independence Day celebration and requested information on business incentive programs used by other cities to encourage healthier restaurant options, suggesting the City explore similar initiatives through its Healthy Fontana efforts.

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Mayor Pro Tem Garcia wished Mayor Warren and City Treasurer Koehler -Brooks a happy birthday and wished everyone a good evening.

Mayor Warren highlighted the success of the City's safe Independence Day celebration and ongoing enforcement efforts against illegal fireworks, thanked residents and staff for their participation in community events, promoted upcoming City events and entertainment at Stage Red, recognized the recent City Hall groundbreaking and the work of local organizations, and expressed condolences to the families of Council Member Sandoval's brother, former Yucaipa Mayor Dick Riddell, and K andace Iman Simmons before adjourning the meeting in their memory.

ADJOURNMENT:

Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Kandace Iman Simmons

2. Dick Ridell, former Yucaipa Mayor

Mayor Warren adjourned the meeting at 5:04 p.m. to the Regular City Council Meeting on Tuesday, August 11, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING AMENDED MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 8, 2026.

_______________________
Germaine Key
City Clerk

Page 1 of 9 ends

City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, August 11, 2026

2:00 PM

Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
City Council Meeting

Page 2 of 9 ends

CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held at the Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, August 11, 2026.

Mayor Warren called the meeting to order at 12:37 p.m. with all members of the City Council present except Mayor Pro Tem Garcia and Council Member Sandoval.

City Treasurer Janet Koehler-Brooks was present.

City Clerk Germaine Key was absent.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Strnad, David v. Millan; City of Fontana/ Case No: CIVSB2317954/ Claim No: 3029157

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Valdez, Isabel vs. City of Fontana Case Number: 5:24-cv-2631 Federal Court

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Ariel Sanchez vs City of Fontana Case Number:USDC Case No.:
5:24-cv-00904-DMG(MBKx)

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Flora v. San Bernardino County & City of Fontana Case Number: CIVSB2521119

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Ceron de Sanchez, Marcela vs. City of Fontana Case Number: CIVSB2428150 SBCJC

6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Gonzalez, Juan vs. City of Fontana Case Number: Case Number: CIVSB2111692 SBCJC

Page 3 of 9 ends

CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Steelworkers’ Auditorium , 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, August 11, 2026.

Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.

ROLL CALL:

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

City Treasurer Janet Koehler-Brooks was also present.

ABSENT: City Clerk Germaine Key

INVOCATION/PLEDGE OF ALLEGIANCE:

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

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the item s listed on the agenda, provided direction to staff, and took no reportable action on Items 1-5.

For Item 6, City Attorney Duran reported that the matter of Juan Gonzalez v. City of Fontana proceeded to a jury trial, with the jury returning a verdict in favor of the City of Fontana.

CEREMONIAL ITEMS:

A. Mayor Warren and City Council to recognize Fontana Police 26- 1176 Department's June 2026 Employees of the Month.

Mayor Warren and the City Council recognized Sergeant Casey Kirkland, Corporal Joshua Patty, and Officers Regina Barajas, Angel Martinez, Cipriano Lopez, and Shaun Pisani as Fontana Police Department’s June 2026 Employees of the Month.

B. Mayor Warren and City Council to proclaim August as Sickle Cell 26 -1173 Trait Prevention Month (Sickle Cell Trait Prevention Founder and Executive Director, Farron Dozier, to accept).

Mayor Warren and the City Council proclaimed August as Sickle Cell Trait Prevention 41

Page 4 of 9 ends

Month. Sickle Cell Trait Prevention Founder and Executive Director, Farron Dozier accepted.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Jeff Larson expressed appreciation to the Fontana Police Department for its efforts to reduce crime, graffiti, and illegal dumping in Area 2, and recognized its partnership with local neighborhoods. He also invited the City Council Members to attend upcoming monthly neighborhood community meetings.

Grace spoke regarding Consent Item D, Ordinance No. 1996, expressing concerns about the availability of Planning Commission minutes and developer -related campaign contributions.

She requested that the item be pulled from the Consent Calendar and that developer contribution disclosures be required for future land use items.

Gio Tovar raised concerns regarding affordable housing, tenant protections, and the lack of City resources for residents facing eviction. He urged the City to take a more preventative approach to homelessness and use community survey data to inform housing policies and funding decisions.

City Manager Matt Ballantune clarified that the Planning Commission minutes for the Ventana Project are available online and reflect that no public comment or written communications were received at that time. He also explained that while staff and legal counsel review any written comments and provide them to the City Council, there is no legal requirement to read those comments aloud into the record.

CONSENT CALENDAR:

Prior to the motion, Mayor Pro Tem Garcia announced that he would abstain from voting on Items “B” and “C.” Council Member Sandoval announced that he would abstain from voting on Item “A” and vote no on Item “D.”

ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 5 -0 to approve Consent Calendar Items “A -L” with Mayor Pro Tem Garcia abstaining on Items “B” and “C” and Council Member Sandoval abstaining on Item “A” and voting No on Item “D.” The motion carried by the following 42

Page 5 of 9 ends

vote: AYES: Warren, Garcia, Cothran, Roberts , and Sandoval ; NOES: None; ABSTAIN:

None; ABSENT: None

A. Approval of Minutes 26-1165
Approve the minutes of July 14, 2026, Regular City Council Meeting.

B. Adoption of Ordinance No. 1994 (Second Reading), approving 26-1162 pursuant to an Addendum to the Arboretum Specific Plan
Environmental Impact Report, Specific Plan Amendment No. 23-000002, an amendment to the Arboretum Specific Plan to modify permitted land uses and to reconfigure planning areas and park sites; and that the reading of the title constitutes the first reading thereof.

Conduct a second reading by title only and adopt, Ordinance No. 1994, approving pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, Specific Plan Amendment No. 23-000002, an amendment to the Arboretum Specific Plan to modify permitted land uses and to reconfigure planning areas and park sites; and that the reading of the title constitutes the first reading thereof.

C. Adoption of Ordinance No. 1995 (Second Reading), approving, 26-1163 pursuant to an Addendum to the Arboretum Specific Plan
Environmental Impact Report, a third amendment to the
Arboretum Specific Plan Development Agreement; and that the reading of the title constitutes the first reading thereof.

Conduct a second reading by title only and adopt, Ordinance No. 1995, approving, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, a third amendment to the Arboretum Specific Plan Development Agreement; and that the reading of the title constitutes the first reading thereof.

D. Adoption of Ordinance No. 1996 (Second Reading), approving, 26-1164 pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Specific Plan Amendment No. 26-0001 to add gas station and drive through uses as conditionally permitted uses to Planning Area 4 of the Ventana at Duncan Canyon Specific Plan; and that the reading of the title constitutes the first reading thereof.

Conduct a second reading by title only and adopt, Ordinance No. 1996, approving, pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Specific Plan Amendment No. 26-0001 to add gas station and drive through uses as conditionally permitted uses to Planning Area 4 of the Ventana at Duncan Canyon Specific Plan; and that the reading of the title constitutes the first reading thereof.

Page 6 of 9 ends

E. Approve the purchase order of Lakeshore Learning to 26 -1166 support materials/supplies for the Fontana Expanded Learning Program’s school sites.

1. Authorize to procure Teaching Aids: Instructional and Classroom Supplies utilizing the Purchasing Policy and Procedure Manual Section

3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use the Education Services Center, Region 2 Agency Contract 26-27 E000 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to Lakeshore Learning for FY 2026/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

F. Acceptance of Homeless Housing, Assistance and 26-1167 Prevention (HHAP) Round-5 Funding.

1. Accept the San Bernardino County Continuum of Care’s Homeless Housing, Assistance, and Prevention Round 5 (HHAP-5) funding in the amount of $500,000;

2. Authorize the City Manager, or designee, to enter into and transmit all necessary agreements, amendments, reporting and documentation to ensure the City’s timely submittal and execution of the Homeless Housing, Assistance, and Prevention Round 5 (HHAP-5) funding.

G. Termination of Solar Power Purchase Agreement with Fontana 26-0973 Solar Project 2019, LLC for Assessor Parcel Number
0192-031-23

1. Terminate the solar Power Purchase Agreement (PPA) with Fontana Solar Project 2019, LLC for Assessor Parcel Number 0192-031-23.

2. Authorize the City Manager to enter into all documents to satisfy the termination on behalf of the City of Fontana.

3. Remit a termination payment in the amount of $490,019.00 to Fontana Solar Project 2019, LLC.

H. Final Acceptance for the Construction of the First Responders 26-1119 Memorial Monument Project (DE-25-76-SB)
Accept as complete the work performed by Jergensen Construction, Inc. for the construction of the First Responders Memorial Monument Project (No. 37600009).

I. Award a Task Order for Geotechnical Engineering Services for 26-1152 the West End Regional Navigation Center Project (Request for Proposals DE-24-195-SQ-17)

1. Award and authorize the City Manager to enter into a Task Order in the 44

Page 7 of 9 ends

amount of $218,348.00 with Geocon West, Inc. for the Regional Navigation Center Tenant Improvements Project (Request for Proposals DE-24-195-SQ-17).

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order with a not-to-exceed amount of $50,000.00.

J. Award a Construction Contract for the Etiwanda Avenue at 26-1157 Slover Avenue/Airport Drive Intersection Improvement Project (DE-26-220-SB)

1. Award bid and authorize the City Manager to enter into a construction contract with CT&T Concrete Paving Inc. for the Etiwanda Avenue at Slover Avenue/Airport Drive Intersection Improvement Project in the amount of $11,000,774.00 and authorize a 10% contingency in the amount of $1,100,077.40 (DE-26-220-SB).

2. Approve and authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Etiwanda Avenue at Slover Avenue/Airport Drive Intersection Improvement Project (DE-26-220-SB).

K. Police Department Monthly Information Update 26-1179 Accept the Police Department monthly information update for June 2026.

L. Resolution of the City Council of the City of Fontana, California, 26-1180 Approving an Amendment to the Naming Rights Agreement and Approving the Addition of a Merchandising Addendum Between the City of Fontana and Red Head Inc.

Staff recommends that the City Council adopt Resolution No. 2026-080, approving an amendment to the Naming Rights Agreement between the City of Fontana and Red Head Inc., approving the addition of a Merchandising Addendum to the Naming Rights Agreement, and authorizing the City Manager, or designee, to enter into the amended agreement, addendum, and any related documents necessary to implement the agreements.

CITY MANAGER COMMUNICATIONS:

City Manager Ballantyne highlighted the approval of $200,000 for after -school programming, receipt of a $500,000 County grant for homelessness and housing assistance, and the award of $11 million for improvements at the intersection of Etiwanda and Slover. H e noted that the City of Ontario will cover one-third of the project costs and thanked staff for their work. H e also announced that the second meeting in August would be canceled and the next meeting would be held on September 8.

Page 8 of 9 ends

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Treasurer Koehler-Brooks had no comments.

Council Member Cothran reminded motorists to exercise caution as students return to school and encouraged drivers to slow down and prioritize student safety. He highlighted the Fontana Police Department’s efforts to partner with local school districts to promote safety.

Mayor Pro Tem Garcia reported attending the grand opening of Oak Grove School and noted that the school, which was approved approximately 10 years ago, provides a college-campus-like setting with modern classrooms and laboratory facilities. He expressed appreciation for the new school and noted that students are now walking to school rather than being bused.

Council Member Sandoval had no comments.

Council Member Roberts congratulated the Fontana Police Department for its outstanding service to the community and recognized the Department’s efforts to deter crime in Fontana.

Mayor Warren r ecognized community partners for recent back -to-school backpack giveaways and youth programs, including Project 360, the Inland Empire Black Chamber of Commerce, and Empire Strikers. She highlighted the grand opening of Oak Grove School and its benefit to families in the northern area of the City. She also recognized the ninth anniversary of Fontana Walks and thanked participants and vendors for their continued support.

Mayor Warren provided clarification regarding the Regional Homeless Navigation Center, emphasizing the regional partnership among participating cities and the comprehensive services that will be provided to individuals experiencing homelessness. She noted that the program will focus on connecting individuals with housing, treatment, and other supportive services and encouraged residents to be patient as the center is developed.

Mayor Warren also announced a $1.2 million federal grant presented by Congressman Pete Aguilar to support the acquisition and expansion of Aldea Apartments, including plans for approximately 80 additional units and family amenities, and thanked staff and federal partners for their efforts.

ADJOURNMENT:

Mayor Warren adjourned the meeting at 2:50 p.m. to the Regular City Council Meeting on Tuesday, September 8, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8 437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk
46

Page 9 of 9 ends

THE FOREGOING AMENDED MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 8, 2026.

_______________________
Germaine Key
City Clerk

47 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1177 Agenda Date: 9/8/2026
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Contract Change Order for Village of Heritage Liberty Parkway Loop Patching and Pavement Rehabilitation Project (DE-26-97-SB)
RECOMMENDATION:

Approve and authorize the City Manager to issue a Contract Change Order in the amount of $638,054.80 for a total contract amount of $3,186,745.80 and increase the construction contingency amount by $63,805.48, for a total contingency amount of $318,674.58 (DE-26-97-SB).

DISCUSSION:

The City of Fontana’s 7-Year Pavement Management Plan includes the FY2025-2026 Village of Heritage Liberty Parkway Loop Patching and Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of ADA compliant curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

On April 28, 2026, the City Council authorized the City Manager to enter into a construction contract with Matich Corporation of San Bernardino for the construction of Village of Heritage Liberty Parkway Loop Patching and Pavement Rehabilitation Project in the amount of $2,548,691.00, and authorize a 10% contingency in the amount of $254,869.10 (DE-26-97-SB).

After receiving a lower than expected bid from Matich Corporation, with very favorable mill and overlay pricing per square foot, staff determined that it was in the best interest of the City to request additional pricing for all of the entrances that required a mill and overlay into the Village of Heritage (South Heritage Circle, Miller Avenue, Mulberry Avenue, Banana Avenue, and W. Liberty Parkway at the entrance of the Heritage Community Center), thus completing all of the pavement rehabilitation in the Village of Heritage community included in the 7-Year Pavement Management Plan. With the close proximity of these locations to the Liberty Parkway loop, the additional paving work can be completed using the same unit prices included in the original contract, along with reasonable additional costs for mobilization and traffic control. This approach provides a cost-efficient opportunity to address existing pavement conditions, complete the planned improvements within the Village of City of Fontana Printed on 9/2/2026Page 1 of 2
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48 File #: 26-1177 Agenda Date: 9/8/2026
Agenda #: B. Category: Consent Calendar
Heritage, and enhance the safety and ride quality for motorists.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $700,000.00. Funds are included in the Fiscal Year 2026-2027 Budget in the Village of Heritage Liberty Loop Patching and Pavement Rehabilitation Project #37600090 in Fund 601.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/2/2026Page 2 of 2
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49 COUNTYCITY
CT

AVELAS PALMAS DRHATCHER PLASHLAND LN

OWEN ST
WAKE

SAN BENITOCTSAN BENITO ST
BASILECTCTSEA SHELLFARRALONCTST. HELENACOLOMA STLINCOLNCTROTHCHILDWESTSANTA MARIACTCTSTNOELKENOELKE

OASIS STMILAN CT

MCKINLEY CT

MCKINLEY DR

MEADE CT

EDISON AVEMILLER AVE

REMINGTON CTLAURAMORE CTLAURAMORE CT
BAY ST

CTMADERA
RD
RD

CHEROKEECAPECOD CT

BIG SUR
CT

CHESEBRO CTIVY AVE

HAWAII WAY

STUART WAY

WEST CONSTITUTION WAYWEST CONSTITUTION WAY

GRANT WAYBUNKER HILLTYLER LNSHERMAN PLBURNSIDE PLMCCLELLAN CT

CANYONWAY WAYEAST CONSTITUTION WAY

PLSLOCUMLONGSTREET LN

WHIPPLE STBENNING CTPLBULL RUN PLVICKSBURG PLSUFFOLK PLLAWRENCE PLDAY CANYON DRSUMTER STWILDERNESS WAYSHILOH WAYCUMBERLAND PLGETTYSBURG ST

AUGUSTA WAYSHERIDAN WAYHARPER PL

LEXUS LNIVY AVEINFINITI LN

CHENILLE CTPAISLEY LN

MEYER CANYON DRMEYER CANYON DRGRAND AVEGRAND AVE

OWEN STIVY AVE

DEL NORTE ST

BANANA AVE

SOUTH HERITAGE CIR

OWEN ST

SHARON CTNORTH HERITAGEKITTY HAWK

TRINITY STCIR

MCGUIREMISSOURI STTEXAS CT

IOWA LNTENNESSEE CTINDIANA CTOHIO LNNEVADA CTARIZONA STKANSAS CTARKANSAS AVEOKLAHOMA AVENEW MEXICO CT

LIBERTY

MADRAS CTPAISLEY LNVELVET LNCASHMEREMINT LNCLOVER CT
PKWY

CHERRY AVE

BASELINE AVE

FOOTHILL BLVDFOOTHILL BLVD

BASELINE AVE

FOOTHILL BLVD

TUTIONCONSTILOOPCT

DARTMOUTH CTCTCTOXFORD CTOXFORD ST

BANCROFT CTLA SALLE CTCHAMPLAIN CTLARKIN CTBETSY ROSSLAFAYETTE CT RD

PICO CTCHRYSTAL CTHANCOCK CTCOLUMBUS CTBALBOA CT

CTDRAKETAPIAWEST LIBERTY PKWY

HUNTINGTONCONSTITUTIONWEST

WHITNEYCT

OWEN ST

NATTY LN

COBBLESTONE CT

CHERRY AVE

EAST AVE

MILLER AVE

BAR HARBOR RD

LOOPWEST

CTLOOPEAST

REMINGTON CTLUCIALOOPEAST

IVY AVEVINE AVE

EAST LIBERTY PKWYFOOTHILL BLVDSANTA MARIA DRVENICE CTRIVIERA CTSAN TROPEZ CTMONACO STNAPLES CTPALERMO STCASABLANCA CTBANANA AVECAPRI CTSAN REMO CTTUSCANNY STMARBELLA STLOMAS CTPORTOFINO STSORRENTO STMORGAN CTTAPIA STWHITNEY STBARTON CTALEXANDER CTWILTSE CTSUNRISE STMULBERRY AVE CT

LEMMERICH CTCRAWFORD CTDOWD CTMC GREGOR CTBOWIE STJED SMITH STPARK LAWN CTSUMMER PLACE STSTREAM SIDE CTFREMONT STFRONTENAC CTLEWIS CTFREMONT ST

LARAMIE CT

CHESTNUT AVEEAST AVE

SIENA CTREDONDO CT

PLUMAS CTTUOLUMNE CTPLUMAS CTSTANISLAUS CTTICONDEROGA CTVALLEY FORGE CTGRAND AVEBANCROFT CTTICONDEROGA CT

OCEANCTANACAPA
MONTEREY STPOINT LOMA STPETERS STBASILEST. HELENA STSACRAMENTO ST

EASTYORKTOWN CT

SEA SHELL STSANTA FE STWEST LINCOLN LOOP RDYORKTOWN CTEL DORADO STVALLEY FORGE CTCATALINA CTCABRILLO CTBOSTON CT

TULARE CTARAPAHO STSIOUX

LIGHTHOUSE CTBALBOA CTCHEROKEE CTSAN GABRIEL CT

EAST YOSIMITE LOOP RDCABRILLO CTBETSY ROSS CTRICHARDLIGHTHOUSE CT

MORSE CANYON DRDRAKE STIROQUOIS STCTYOSEMITEMUIR STCTDOMINGUEZ CTKINGSCTBRANDON CTCORONA CTYOSEMITE

AMANDA STKLAMATHCTLANEDANSER CT
ST

SAN GORGONIO STPORTSMOUTHCROCKER CTFULTON STSTLASSEN ST

BANNING STSBCFCD

SUTTER CTHOADLY CT

MILLER AVE

SAND DOLLAR ST
CIR

EASTRIDEOUT CTQUAIL CTWILIAMSBURG PKWYMENDOCINO CTDOHENY CTCARYNSANTA

RODGERS CTFRANKLIN STLINCOLNLARKIN CT

WILLIAMSBURG PKWYEXETERPRINCETONEAST INDEPENDENCE WAYCHAMPLAIN CTLA SALLE CT

GRAND AVEDARTMOUTH CTCAMBRIDGE CTCT

BENNINGTON CTDODGE CT

YALE CTWEST INDEPENDENCE WAYBERKELEY CTGRAND AVEBERKELEY CTSTANFORDBENNINGTON CTCORNELL CTHARVARD CTDANA CT RD

AUBURN CT

BOSTON CT

DANA CTCHRYSTAL CTPICO CTHANCOCK CTCOLUMBUS CTLAFAYETTE CT

MCGUIRE AVECARNEGIE AVE

ROANOKE RDQUAIL CTHALE ST

EAST LIBERTY PKWY
ST

STANISLAUS CTTUOLUMNE CT

REDWOOD AVE

EDISON AVEHUMBOLT CTGENEVA CTPLACER ST

POINT REYES STOCEAN ST

PALMS AVEBUENA VISTA DR

UPLAND AVE

RESEDA AVEHEATHER AVEOWEN STOWEN STMONACO ST

GEORGIA CTALABAMA CT
CHERRY AVEBASELINE AVEKRISTA CTSANTA BARBARA CTCROCKETT CTDEL NORTE STSTARCATASTSTBODEGASTCTBASELINE AVEI-15 FREEWAYSTINSONCTHERITAGE CIRNORTH

SMITHFIELD CTMARYSVILLE PLWEBBCT

STCTCTZEPHYR STCTIVY AVELEXUS LNPASEO CTTAURUS AVE

FAIRHAVEN DRREVERE WAYWESTGATE
DRPL

WEST LIBERTYPKWYBEAR CREEKSILVERWOODLN

DAY CANYONDRWYNSTONE

IVY AVE
TIOGA

SUTTER CTMAREK CTSUNRISE STLOMAS CT

BURNS CT

ROTHCHILD STFORTROSSCTEAST CONSTITUTION WAY

SAN PEDRO STPOINT JUDITH ST

MADERA ST

ACURA CT

MERCEDES CTREGAL CT

DURANGO AVELEXUS LN

DODGE CT

MARSHALL CTHEMMINGWAYJAMESTOWN CIRCT

NEWCASTLE

AMERICANAWAY

COUNTYCITY

INDEX MAP

VICINITY MAPN
N

BASELINE AVE
SHEET 5SHEET 5
SHEET 6
SHEET 7SHEET 8SHEET 9

EAST AVE

FOOTHILL BLVD

CHERRY AVE
50 161718
7 1
32 13
11 654
8910
121415
51 TYPICAL SECTION 3FOR 74' WIDE CURB TO CURB ROADSWITH 104' TOTAL R/W TYPICAL SECTION 4FOR 74' WIDE CURB TO CURB ROADSWITH 104' TOTAL R/W TYPICAL SECTION 1FOR 74' WIDE CURB TO CURB ROADSWITH 104' TOTAL R/WTYPICAL SECTION 2FOR 74' WIDE CURB TO CURB ROADSWITH 104' TOTAL R/W TYPICAL SECTION 5FOR 74' WIDE CURB TO CURB ROADSWITH 120' TOTAL R/W TYPICAL SECTION 6FOR 74' WIDE CURB TO CURB ROADSWITH 120' TOTAL R/W TYPICAL SECTION 7FOR 62' WIDE CURB TO CURB ROADSWITH 80' TOTAL R/W TYPICAL SECTION 8FOR 62' WIDE CURB TO CURB ROADSWITH 80' TOTAL R/W 52 AA
TYPICAL SECTION 9FOR 90' WIDE CURB TO CURB ROADSWITH 142' TOTAL R/WTYPICAL SECTION 10FOR 90' WIDE CURB TO CURB ROADSWITH 142' TOTAL R/W TYPICAL SECTION 11FOR 90' WIDE CURB TO CURB ROADSWITH 142' TOTAL R/WTYPICAL SECTION 12FOR 90' WIDE CURB TO CURB ROADSWITH 142' TOTAL R/W TYPICAL SECTION 13FOR 90' WIDE CURB TO CURB ROADSWITH 142' TOTAL R/W 53 CURB RETURN ACCESS RAMP
SECTION "A-A"

CURB RETURN ACCESS RAMP(MODIFIED)
SECTION "B-B"
STD. PLAN NO.CITY OF FONTANAOFSHT100813CIVILNo. 51152STATE OF CALIFORNIAREGISTERED PROFESSIONAL ENGINEERRICARDOVALOSAND ROADWAY REPAIRANDTRENCH BACKFILLRICARDO SANDOVALCITY ENGINEERAPPROVED BY:DATEREVIEWED BY:DRAWN BY:

COMPACTED 95%3" MAX. SIZE NATIVE SOIL,
C2-PG XX-10, HOT MIX A.C. MIN 2" (SEE NOTE 7)
12"
MIN.12"WEXISTING A.C.

W = O.D. + 12" MIN.4" MIN.LEGEND :W = TRENCH WIDTHO.D. = OUTSIDE DIAMETEROF PIPE 2'
O.D. +24" MAX.

B-PG XX-10, HOT MIX A.C. (SEE NOTE 7)(4" MIN. THICKNESS)MATCH EXIST. PAVEMENT + 1"2" A.C. COLD MILL BEDDING MATERIAL, COMPACTED90%, SHALL BE IN ACCORDANCEWITH NOTE NO. 5 MIN.2'

BASE COURSESURFACE COURSE
1'' TRENCH BACKFILL, COMPACTED90%, SHALL BE IN ACCORDANCEWITH NOTE NO. 4

FULL LANE WIDTH (TO NEAREST STRIPING)
O.D.
3/8" LIP
SEE SHEET 3 OF 3 FOR NOTES
STD. PLAN NO.CITY OF FONTANAOFSHT100823CIVILNo. 51152STATE OF CALIFORNIAREGISTERED PROFESSIONAL ENGINEERRICARDOVALOSAND ROADWAY REPAIRANDTRENCH BACKFILLRICARDO SANDOVALCITY ENGINEERAPPROVED BY:DATEREVIEWED BY:DRAWN BY:

PAVEMENT REPAIRS AT INTERSECTIONSGRIND & OVERLAYGENERAL NOTES :

STD. PLAN NO.CITY OF FONTANAOFSHT100833CIVILNo. 51152STATE OF CALIFORNIAREGISTERED PROFESSIONAL ENGINEERRICARDOVALOSANDRICARDO SANDOVALCITY ENGINEERAPPROVED BY:DATEREVIEWED BY:DRAWN BY:

1.THIS STANDARD DRAWING SHALL APPLY TO ANY AND ALL ROADWAY PAVING REPAIRS INCLUDING, BUT NOT LIMITED TO,THOSE RESULTING FROM SUBSURFACE UTILITY LOCATING SERVICES.2.PRIOR TO PLACEMENT OF PERMANENT PAVING, THE EXISTING PAVEMENT SHALL BE CUT TO A NEAT STRAIGHT LINE. ALLPAVEMENT JOINTS/CRACKS WITHIN 4' OF THE TRENCH, OR AS DIRECTED BY THE CITY ENGINEER, SHALL BE REMOVED ANDREPLACED. ANY LOOSE OR UNSTABLE ASPHALT ADJACENT TO THE NEW PAVEMENT SHALL BE REMOVED AND REPLACED.3.ALL EXCAVATION SHALL BE MADE, PROTECTED AND SUPPORTED AS REQUIRED FOR SAFETY AND IN A MANNER SET FORTHIN OPERATIONS, RULES, ORDERS, AND REGULATIONS PRESCRIBED BY THE CALIFORNIA DIVISION OF INDUSTRIAL SAFETY.A COPY OF THE CAL OSHA EXCAVATION PERMIT, IF APPLICABLE, SHALL BE FURNISHED TO THE PROJECT INSPECTION PRIORTO BEGINNING THE WORK. STEEL PLATE BRIDGING SHALL BE IN ACCORDANCE WITH CITY STD. NO. 1009.4.PRIOR TO PLACEMENT OF PERMANENT PAVEMENT, BACKFILL COMPACTION REPORTS, FOR 6" MAX. NATIVE SOIL, SHALL BEVERIFIED BY A REGISTERED GEOTECHNICAL ENGINEER AND SUBMITTED TO THE CITY ENGINEER FOR APPROVAL. IN LIEU OFCOMPACTION TESTING, CONTRACTOR MAY USE 1-SACK PCC SLURRY BACKFILL OR CONCRETE CLASS 100-E-100.5.BEDDING MATERIAL SHALL BE SAND, GRAVEL, CRUSHED MISCELLANEOUS BASE OR NATIVE FREE-DRAINING GRANULARMATERIAL HAVING A MIN. SAND EQUIVALENT OF 30.6.PERMANENT PAVEMENT SHALL BE REPLACED WITHIN 30 DAYS OF THE EXCAVATION. TEMPORARY ASPHALT, MIN. 2" THICK,SHALL BE COMPACTED AND PLACED FLUSH, USING A STEEL WHEEL ROLLER OR OTHER COMPACTION DEVICE, TO PROVIDEA SMOOTH TRAVEL SURFACE UNTIL THE PERMANENT REPAIR, OR AS DIRECTED BY THE CITY ENGINEER. TEMPORARYASPHALT PAVEMENT SHALL BE MAINTAINED UNTIL PERMANENT PAVEMENT IS IN PLACE.7.PG 64-10 HOT MIX A.C. IS TO BE USED ON RESIDENTIAL STREETS AND PG 70-10 HOT MIX A.C. SHALL BE USED ON MAJOR ANDCOLLECTOR STREETS.8.ANY TRENCH THAT EXTENDS INTO ANY LANE, TRANSVERSELY OR LONGITUDINALLY, SHALL REQUIRE A COMPLETE GRINDAND OVERLAY FOR THE WIDTH OF THE AFFECTED LANE(S). ALL TRENCHES EXTENDING INTO THE LANE(S) TRANSVERSELYSHALL REQUIRE A GRIND AND OVERLAY EXTENDING 10 FEET IN BOTH DIRECTIONS FROM THE CENTERLINE OF THE TRENCH.9.IF THE NEW TRENCH REPAIR LIMITS LIE WITHIN A PREVIOUSLY REPAIRED AREA OF PAVEMENT, THE PROPOSED REPAIRLIMITS WILL NEED TO BE EXTENDED TO COVER THE PREVIOUSLY REPAIRED AREA, OR AS DIRECTED BY THE CITY ENGINEER.10.ADDITIONAL COLD MILLING WILL BE REQUIRED TO CONNECT MULTIPLE TRENCHES THAT ARE SERVING THE SAME PARCEL.11.IF TRENCH FAILURE SHOULD OCCUR, THE CONTRACTOR/PERMITTEE WILL BE NOTIFIED AND DIRECTED TO REMOVE, REPLACEAND REMEDY THE WORK. UPON FAILURE OF THE CONTRACTOR/PERMITTEE TO PROMPTLY COMPLY, UNDER ORDER OF THECITY ENGINEER, THE TRENCH SHALL BE REMEDIED, REMOVED, REPLACED AT PERMITTEE'S SOLE EXPENSE.12.POTHOLE REPAIRS RESULTING FROM SUBSURFACE UTILITY LOCATING SERVICES SHALL BE REPAIRED IN ACCORDANCE WITHTHIS STANDARD.13.ALL POTHOLES / SERVICE CUTS / ETC. SHALL BE BACK FILLED WITH A 1-SACK SLURRY, 100-E-100, OR AS SPECIFIED BY THECITY ENGINEER.14.ALL EDGES OF EXISTING PAVEMENT BEING JOINED AND SURFACE BEING OVERLAID SHALL RECEIVE A TACK COAT OFASPHALT EMULSION.15.CONTRACTOR SHALL AVOID TRACKING TACK MATERIAL ONTO EXISTING PAVEMENT SURFACES. ANY TACK MARKINGS LEFTON THE STRIPING AND/OR PAVEMENT SHALL BE CLEANED UP AT THE CONTRACTOR'S EXPENSE. ALL TACK AND USAMARKINGS SHALL BE REMOVED WITHIN 30 DAYS OF COMPLETION OF CONSTRUCTION. CLEANUP SHALL NOT SCAR THEPAVEMENT. IF CONTRACTOR FAILS TO CLEAN UP THE MARKINGS, A TYPE II SLURRY SEAL SHALL BE USED.16.ALL DISTURBED/DAMAGED STRIPING AND MARKINGS SHALL BE REPLACED IN KIND AS DIRECTED BY THE CITY ENGINEER.

ROADWAY REPAIRANDTRENCH BACKFILL
54 105+00106+001+002+003+004+005+006+007+008+009+0010+0011+00 78+0079+001+002+003+004+005+006+007+008+00
0 SCALE 1:404080N
710
1 MULBERRY AVEFOOTHILL BLVDW LIBERTY PKWY

BANANA AVEE LIBERTY PKWY
104'52'74'24'22.5'1111 71018 18
1 104'52'74'26'24.5'
18 18FOOTHILL BLVD
16A
1618
71 1110
16A44'
1848'
55 48+0049+0011+0012+0013+0014+0015+0016+0017+0010+0099+00100+00101+00 0 SCALE 1:404080N

MILLER AVEEAST AVEW LIBERTY PKWY
CITY OF FONTANACITY OF RANCHO CUCAMONGA710 18120'68'74'24'22.5'24'16B16B16C 16D 16C16D 161871
10 38'
56 0+001+002+003+004+005+006+007+008+009+0010+0011+0012+00 11+0012+0013+00
9+0010+00
8+007+00
101+00102+00103+00104+00105+00106+00 100+0099+00
0 SCALE 1:404080N
80'38'62'26'24.5'33'

BASELINE AVE
S HERITAGE CIRW LIBERTY PKWY142'71'
26'24.5'
11 11
MATCHLINE - SEE SHEET 9
710
710
710
11 112
1 1
26'
6 7
12 1161090'48'46'26'
57 12+0013+0014+0015+0016+0017+0018+0019+0020+0021+0022+0023+0024+0025+001+002+001+002+00 0 SCALE 1:404080N
142'71'90'26'24' 90'38'26'24.5'36.5'S HERITAGE CIRW GRAND AVEE GRAND AVE710 1 11 1 1 1
1 71071011MATCHLINE - SEE SHEET 8MATCHLINE - SEE SHEET 10 71 1110
58 LIBERTYCTEASTMENDOCINO CTDOHENY CTDARTMOUTH CTCAMBRIDGE CT 25+0026+0027+0028+0029+0030+0031+0032+0033+0034+0035+0036+00182+00183+00184+00185+00186+00 119+00120+00121+00122+00123+00124+00125+00
0 SCALE 1:404080N
MATCHLINE - SEE SHEET 9
142'71'90'37'26'35.5'24.5'
142'71'90'39'37' BASELINE AVES HERITAGE CIRE LIBERTY PKWY

35.5'37.5'1
1 11710
7 1
11610
59 Fax:

Phone:
(909) 382-0113
PO Box 10, Highland, CA 92346 Email: [email protected] City of Fontana

FONTANA, CA
3130
We propose to furnish labor and material in accordance with the plans and specifications for:

Jason Jones

Phone:

To:

From:

Quote :
26-016 LIBERTY PKWY. ENTRANCES - REVISED 07/31/26
149783 A, B
(909) 382-7400
[email protected]
8/3/2026Date :

Email:

DIR No:

CA License:
1000004260
Unit PriceU/MQuantityDescription Total PriceItem No.

BASE BID
LSMOBILIZATION01 1 $54,500.00 $54,500.001
LSTRAFFIC CONTROL01 2 $31,000.00 $31,000.001
SF2" AC GRIND01 3 $0.13 $30,100.07231,539
SF2" AC C2 PG 70-1001 4 $1.07 $247,746.73231,539
EAADJUST MANHOLE01 5 $1,920.00 $11,520.006
EAR&R PCC RAMP01 6 $10,900.00 $185,300.0017
EAR&R CROSS GUTTER01 7 $9,300.00 $9,300.001
LFR&R CURB & GUTTER01 8 $87.00 $15,138.00174
EATRAFFIC LOOP01 9 $650.00 $14,950.0023
LSSTRIPING01 10 $38,500.00 $38,500.001
$638,054.80Total for: BASE BID
$638,054.80Total Proposal Price:

NOTES
If work is not performed by DECEMBER 31, 2026 the project is subject to a price adjustment for material.. 1 Proposal is based on unit prices.. 2
By accepting this quote this quote and it's conditions and exclusions it will be part of any agreement or contract between the two parties.
. 3

SPECIAL EXCLUSIONS
Excludes weekend shifts and night shifts.. 1
Accepted by:Date:

Page 1 of 1 ends

City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1178 Agenda Date: 9/8/2026
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order #1 for Environmental Services with Ultrasystems Environmental, Inc. for the Westgate Improvements (RAISE) Project RECOMMENDATION:

1. Approve and authorize the City Manager to enter into Amendment No. 1 to Task Order No. 1 with UltraSystems Environmental, Inc. for the Westgate Improvements (RAISE) Project in the amount of $523,300.00, for a total task order amount of $576,670.00.

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order with a not-to-exceed amount of $100,000.00.

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:

The Building a Better Connected Inland Empire Project is federally funded along Cherry Avenue from Baseline Avenue to just north of the SR 210 Freeway and along Victoria Avenue from Cherry Avenue to Kestrel Avenue within the Westgate Specific Plan Area. The project was awarded with $15 Million in FY 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant funds.

Major street improvements will be completed with the project including additional lane capacity, integrated traffic system, medians with protected left turns, street lights, signage, roundabout, raised landscape medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 miles of multi-use trails, pedestrian crosswalks, and countdown signal heads.

City of Fontana Printed on 9/3/2026Page 1 of 2
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61 File #: 26-1178 Agenda Date: 9/8/2026
Agenda #: C. Category: Consent Calendar
On May 24, 2026, a Task Order was issued to UltraSystems Environmental, Inc. in the amount of $53,370.00 to conduct a burrowing owl field survey and preparation of their report of findings. This Amendment No. 1 will permit UltraSystems Environmental, Inc. to perform the additional scope necessary to complete the burrowing owl survey and habitat assessment work; prepare Incidental Take Permit (ITP) amendment; conduct Crotch’s bumble bee and San Bernardino kangaroo rat surveys and reporting; perform biological monitoring, avoidance and minimization measures during construction, and process regulatory reporting required under the project’s permits; and perform ongoing project management and coordination with the City, contractor, and regulatory agencies.

Approval of the amendment is necessary to address additional biological and regulatory requirements identified during the project’s environmental permitting process.

Council approved on May 13, 2025, UltraSystems Environmental, Inc. for the On-Call Environmental Qualified List to provide professional service for environmental projects.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $523,300.00 and is included in the current FY 2026-27 Budget in the Westgate Improvements (RAISE) Project Nos. 37600042-245-A- 8118 and 37600042-630-A-8118.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/3/2026Page 2 of 2
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62 Corporate Office – Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
August 4, 2026
Project No: 7170B/7170J, Proposal #02

Jeffrey Kim, Engineering Manager VIA EMAIL
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Subject: Proposal #0 2 Previously Completed Work, ITP Amendment, and Permit Conditions Require ments for the Cherry/Victoria Infrastructure Project, Fontana, California

Dear Jeffrey:

Per your request we have combined several previous proposals into one all -inclusive proposal.

UltraSystems Environmental Inc. (UltraSystems) is pleased to provide our scope and cost for several tasks including work already completed, the ITP Amendment, and work required per the conditions of the regulatory permits (CDFW- LSAA EPIMS-SBR-58314-R6, .RWQCB - WDR – WDID No. 362025- 25, ITP No. 2081 -2025-064-062081-2025-079-06) for the Cherry Avenue and Victoria Street Complete Streets Infrastructure Project (Infrastructure Project), in Fontana, California.

1.0 SCOPE OF WORK
MAJOR TASK 1.0: (ALREADY COMPLETED ) MITIGATION STRATEGY DEVELOPMENT & CDFW

CONSULTATION
During CDFW’s review process of the Infrastructure Project’s ITP (2081-2025-064-06), UltraSystems staff have coordinated with CDFW staff, the Client, and the Project Applicant (i.e., the City) to work toward the development of an ITP that serves to protect burrowing owl individuals that would be impacted by project activities while at the same time advocating for reasonable mitigation requirements. UltraSystems assisted the City and Intex in April 2026 in support of consultation with CDFW to explore pathway s to reduce the financial cost associated with meeting mitigation requirements within the Infrastructure Project’s ITP.

Task 1.1: Comparison of CDFW Proposed Habitat Mitigation with Three Alternative Mitigation Scenarios (Already Completed). On April 10, 2026, CDFW hosted a meeting with the City, Intex, and UltraSystems to discuss the ITP and ITP mitigation requirements. Following this meeting, and at the request of the Client, UltraSystems prepared a report proposing alternative mitigation scenarios for the City’s consideration; approved scenarios are to be proposed to CDFW in an ITP Amendment Request pending the completion of supporting burrowing owl nesting season surveys (see Task 1).

The report included : (1) four tables (one table per mitigation scenario ) summarizing estimated habitat mitigation acreage requirements; (2) four tables (one per mitigation scenario) summarizing estimated habitat mitigation costs , and 3) four figures (one per mitigation scenario) depicting the 63 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

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acreage of suitable burrowing owl habitat for which mitigation would be required . This urgent task involved one Senior Biologist, one Staff Biologist, and one Project Manager.

Deliverables (already provided)
• One electronic copy of the draft/final mitigation scenario report, including eight tables and four maps, to the Client.

Task 1.2: Preparation of Talking Points for the City for its April 27, 2026, CDFW Meeting (Already Completed). After reviewing the Mitigation Scenarios Report (see Task 1.1), the City sent a list of questions to UltraSystems, asking for expedited responses so the City could discuss the scenarios during its meeting with CDFW on April 27, 2026.

Responses to the City’s questions and an additional report included: (1) detailed responses to five questions submitted by the City; (2) a meeting between the City, Intex , and UltraSystems to determine a strategy for presenting revised alternative mitigation requirements to convince CDFW to lower requirements detailed in the Infrastructure Project’s ITP; (3) three new tables, one providing proposed mitigation ratios for suitable habitat per project section, one comparing mitigation requirements for the Infrastructure Project’s ITP with four other ITP in the CDFW’s Inland Desert Region, and one summarizing proposed mitigation reductions; and (4) discussion of six topics regarding why the existing ITP’s requirements are burdensome and a proposed solution for lowering the mitigation requirements . This expedited task involved one Senior Biologist, one Staff Biologist, and one Project Manager.

Deliverables (already provided)
• One electronic copy of the draft/final responses to the City’s questions, to the Client. • One electronic copy of the draft/final memo report presenting a case to CDFW for lowering the mitigation requirements, to the Client.

Task 1.3: CDFW Consultation – Preview and Final Approved ITP (Already Completed). This task facilitates routine permit coordination with CDFW regarding the development of a n approved ITP.

This task includes the preparation for, participation in, and follow-up actions related to the Preview ITP meeting that CDFW conducted with UltraSystems, the Client, and the Project Applicant (i.e., the City).

Task 1.4: Habitat Mitigation Land and Receiver Site Research (Already Completed). This task covers research and outreach to potential habitat mitigation land property owners and conservation banks. UltraSystems biological staff researched potential mitigation sites for burrowing owl and met with a representative from Lewis Management Corp. to discuss the prospect of acquiring an 85-acre parcel of dry farming agricultural land, or a subdivision thereof, for the purpose of using it as a BUOW mitigation land that would be protected into perpetuity. This site is adjacent to a site at which six pairs of BUOWs were moved as part of mitigation activities for projects in Fontana, California.

UltraSystems is investigating other potential habitat mitigation lands that would meet CDFW’s criteria for this requirement.

Task 1.5: ITP Mitigation Coordination (Already Completed). UltraSystems management staff have participated in a Preview ITP meeting with CDFW to review a preliminary draft of the ITP in which mitigation requirements were reviewed and implementation challenges were identified. 64 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

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UltraSystems subsequently worked with the City and Intex to devise strategies for approaching CDFW with less restrictive and costly alternatives to mitigating project impacts to BUOWs.

To ensure effective communication between UltraSystems , Intex, and the City , two (2) progress meetings via Teams or Zoom were conducted as well as several email and phone correspondence. To the extent feasible, meeting schedules corresponded with draft deliverables or related milestone events and were preceded by the delivery of draft documents to the Client for their review, prior to the meeting date.

MAJOR TASK 2.0: BUOW SURVEYS/HABITAT QUALITY ASSESSMENT OVERAGES AND OUT-OF-

SCOPE TASKS (MOSTLY ALREADY COMPLETED)
This task is to cover overages and out -of-scope costs that have been incurred under Task Order #1.

The original Task Order #1 was greatly under-budgeted for several reasons:

To allow for quick approval of the surveys so we could start right away because the survey season was going to run out if we were not able to start right away. The BUOW protocol surveys need to be conducted in a specific timeframe in order to satisfy CDFW’s request to conduct the surveys and Habitat Quality Assessment during this breading season that just occurred in support of the ITP amendment that must be prepared for the project (please see the attached previous contract for surveys to show what they previously cost).

We did not know at the time we were going to need to deploy/retrieve a total of 40 cameras at burrows. The camera burrow monitoring was required by CDFW for the Habitat Quality Assessment.

The 40 cameras documented sign at over 40 burrows and produced extensive video footage — many cameras recorded over 30,000 seconds (8+ hours) of continuous video, requiring approximately 10 hours of dedicated review time per camera to determine owl presence or absence. This footage required us to add additional staff working full time to download, review, organize, document, and log the footage to be used properly for the reports and to be able to provide to the CDFW as they requested.

Additionally, the survey and mapping effort exceeded original assumptions. To thoroughly inspect vineyard rows for burrow sign, transect spacing was reduced from 60 feet to 40 feet so every grape plant base could be inspected, and every potential burrow wa s examined using flashlights and mirrors to check burrow aprons and tunnels. The survey area around the Old San Sevaine Channel was also wider than originally scoped, and burrows in vineyard rows were frequently obscured by grape plants, increasing the time needed to locate, map, and document them.

The Habitat Quality Assessment also took longer than planned due to the high diversity of habitat conditions across the survey area. Areas that had been disked still contained burrows and could not simply be classified as unsuitable, and ongoing disking and maintenance activity — along with active construction near Kestrel Drive — changed habitat suitability during the survey period, requiring reassessment. Representing 100% coverage of the survey area across five distinct habitat suitability levels required extensive field time to delineate habitat polygons and substantial post-processing to finalize them.
65 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

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The documentation, data processing, and mapping that has been done for a detailed and accurate Habitat Quality Assessment to support the ITP Amendment and reducing habitat impacts has required more hours than originally planned. The Draft and Final BUOW Survey Reports required incorporating novel maps and analyses not considered in previous reports, along with a high level of quality assurance to ensure that all aspects of the ITP and permitting requirements were fully addressed. Project management and coordination hours likewise exceeded original assumptions, given the high level of coordination needed to keep the analysis accurate and consistent with agency directives. Our goal is to support the City with a favorable outcome for less habitat impacts and detailed evidence to support that so the CDFW will approve.

MAJOR TASK 3.0: CROTCH’S BUMBLE BEE SURVEYS
The LSAA permit conditions require Crotch’s bumble bee ( Bombus crotchii; CBB) surveys be conducted in the LSAA permit impact area within Old San Sevaine Channel, plus a 500 -foot buffer area. Since construction is planned to start March 2027 and the peak flowering period of herbaceous plants within the project site occurs between Mar ch through June, we began the first two rounds of surveys in June 2026. We recommend the next round of surveys begins immediately (before July 15, 2026) while the current BUOW surveys are being conducted.

2.14 Crotch’s Bumble Bee. Crotch's bumble bee is a candidate species for listing pursuant to the California Endangered Species Act (Fish & G. Code, § 2050 et seq.). Permittee shall designate a Crotch’s bumble bee approved biologist (Designated Biologist(s)) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for Crotch’s bumble bee prior to project activities. Surveys should be conducted during flying season when the species is most likely to be detected above ground, between March 1 to September 1 (Thorp et al. 1983). Survey results, including negative findings, should be submitted to CDFW prior to implementing project -activities. If Crotch’s bumble bee is detected, the Designated Biologist should immediately notify CDFW. In addition, the Permittee in consultation with the Designated Biologist(s) should develop a Crotch’s Bumble Bee Avoidance Plan. At a minimum, the avoidance plan should identify the location of all nests in or adjacent to the project site as well as all inactive small mammal burrows. If an inactive burrow may be disturbed by project activities, it should be resurveyed for Crotch’s bumble bee within seven (7) days prior to the scheduled disturbance. A minimum 100 -foot no disturbance buffer zone should be established around nests to reduce the risk of disturbance or accidental take. The Designated Biologist(s) should expand the buffer zone as necessary to prevent disturbance or take. If full avoidance cannot be accomplished, Permittee shall postpone the project until appropriate CESA authorization is obtained.

Task 3.1: Focused (April to August) Crotch’s Bumble Bee (CBB) Surveys (Already Completed).

In accordance with the CBB Survey Considerations (2023), UltraSystems’ biologists will conduct three CBB surveys during the CBB colony active period (April to August). Surveys will be conducted by biologists who are familiar with CBB habitat, natural history, ecology, behavior, and field identification of the species.

Surveys are most effective when CBB activity or foraging is most likely to occur, typically when floral resources are present. Based on biological surveys conducted between 2022 through 2025, the peak flowering period of herbaceous plants within the project site occurs between March through June. To maximize the likelihood of observing CBB, UltraSystems biologists conducted the first two CBB 66 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

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surveys in June, which coincided with both the peak bloom period within the project site and CBB’s colony active period. To ensure that the third survey also occur s within the period of higher CBB activity, it is advisable it completed by July 15. All surveys will be conducted within the LSAA permit impact area, represented within Attachment 1, Impacts to Jurisdictional Waters, and a 500-foot buffer around that impact area. These survey results will be reported to the wildlife agencies as required by the permit conditions.

Task 3.2: CBB Survey Report. Following completion of the focused CBB surveys by biologists, UltraSystems will finalize the focused CBB survey report in accordance with the guidelines described in the CBB Survey Considerations and as required by the LSAA Permit. The report will: (1) summarize information regarding the CBB’s natural history; (2) assess the habitat of the survey area and its suitability for CBB; (3) describe the number, behavior, and location of any CBBs detected during the surveys or assess the potential presence of CBB onsite; (4) analyze the potential impacts to CBB from project development; and (5) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts to CBB. If CBB nest locations are detected, a detailed description of the nest sides including substrate, point counts of the bees at the site, location, aspect, vegetation, and surrounding land use will be provided. A buffer will be established around the nest site for one nesting season, or in accordance with the LSAA conditions.

The report will include: (1) methods and results of the literature review and field surveys; (2) figures depicting the location of CBBs; and 3) site photographs.

Deliverables
• One electronic copy each of the draft/final focused CBB survey report to the Client and CDFW.

MAJOR TASK 4.0: SAN BERNARDINO KANGAROO RAT SURVEYS
The LSAA permit conditions require San Bernardino kangaroo rat ( Dipodomys merriami parvus ; SBKR) surveys to be conducted in the LSAA permit impact area, which is within Old San Sevaine Channel, plus a 500 -foot buffer area. These surveys should be conducted during the active season (April 1 through October 31) and, since construction is planned to start March 2027, we recommend these surveys be conducted this year before the end of October 2026.

2.10 San Bernardino Kanga roo Rat. Permittee shall prepare a plan to conduct pre - project protocol trapping for San Bernardino kangaroo rat (SBKR) within the project footprint and a 500-foot buffer and shall submit the plan to CDFW for review and approval prior to implementation. Nighttime temperatures during the trapping must be greater than 50 degrees Fahrenheit. The results of the protocol trapping shall be provided to CDFW no less than 30 days prior to the start of project activities . If SBKR are present, all project activities must avoid take, unless CESA authorization is obtained, and no project activities are authorized under this Agreement without additional written approval from CDFW. This Agreement does not provide authorization for take of any listed species.

Task 4.1: Protocol San Bernardino Kangaroo Rat (SBKR) Surveys . The project site is located in the known distributional range of the San Bernardino kangaroo rat (SBKR) ( Dipodomys merriami parvus) and contains suitable habitats to potentially support this species. A permitted biologist 67 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

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holding valid section 10(a)(1)(A) recovery permit from the United States Fish and Wildlife Service (USFWS) will conduct protocol SBKR surveys in accordance with agency guidelines . The purpose of the surveys is to detect the presence of SBKR within the project site.

A habitat assessment and focused trapping surveys (protocol SBKR surveys) will be conducted within the LSAA permit impact area, represented within Attachment 1, Impacts to Jurisdictional Waters, and a 500- foot buffer around that area. The habitat assessment will determine where suitable SBKR habitat occurs within the survey area. Focused trapping surveys will be performed within the areas containing suitable burrows. The live-trapping program will be conducted over five (5) consecutive nights;unless the trapping program at a given site will be terminated if an SBKR or other special - status small mammal is trapped prior to the fifth night. If more than one site is present in a project area, trapping would continue up to five nights in areas where SBKR or other special -status small mammal have not yet been trapped or until USFWS has provided written approval to discontinue trapping.

At a given site, all traps must be located in areas that best typify SBKR or other special -status small mammal habitat and near burrow entrances, along runways, and near rodent sign, if possible. Traps shall be checked at least twice per night, once near midnight and again at sunrise. Animals will be held only so long as to identify to species, sex, and age -class and then released at the trap site.

Trapping will be conducted under mild weather co nditions, with minimum temperatures greater than 50° Fahrenheit and atmospheric conditions relatively dry, and calm. Trapping shall not be conducted in extended periods of wind, rain or fog that may jeopardize the lives of SBKR or other special-status small mammals.

All traps shall be 12 -inch Sherman live traps or traps of similar design and efficiency. Such similar non-Sherman traps shall be approved by the CDFW and Carlsbad Fish and Wildlife Office (CFWO) (for SBKR only) prior to their use. All trap models shall be modified to eliminate or substantially reduce the risk of injury (e.g., tail lacerations).

No mutilation marking scheme (e.g., toe -clipping, ear clipping) shall be allowed. No invasive technique (e.g., PIT-tagging) will be allowed unless authorized by the CDFW CFWO (for SBKR only). 1 Task 4.2: Protocol SBKR Survey Report. Following completion of the SBKR habitat assessment and focused trapping surveys, the permitted biologist will prepare a n SBKR habitat assessment and focused trapping survey report (protocol SBKR survey report) in accordance with agency guidelines.

The report will: 1) summarize information regarding the SBKR’s natural history; 2) assess the habitat of the survey area and its suitability for the SBKR; 3) assess the potential presence of the SBKR onsite; 4) analyze the potential impacts on the SBKR from project development; and 5) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts on SBKRs . The report will include: 1) methods and results of the literature review and field surveys; 2) figures depicting the location of SBKRs, if any; 3) site photographs; and 4) data forms.

1 In lieu of an officially designated USFWS SBKR survey protocol, the survey methodology was adapted from the 2014 San Bernardino and Aguanga Kangaroo Rat Survey protocol for the Western Riverside County Multiple Species Habitat Plan.

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Deliverables
• One electronic copy of the draft and final protocol SBKR survey report to the Client. • One electronic copy of the final protocol SBKR survey report to the CDFW and USFWS.

MAJOR TASK 5.0: INCIDENTAL TAKE PERMIT AMENDMENT APPLICATION Task 5.1: Incidental Take Permit Amendment Application. CDFW will require an ITP Amendment Application as part of the process of re -evaluating the mitigation requirements determined for the Infrastructure Project’s ITP. Incidental Take Permit Amendment application packages would include, but not be limited to, revisions to the Environmental Setting, Analysis of Take and Effects, Take and Effect Minimization and Mitigation Measures, Analysis of Potential for Jeopardy, and Monitoring and Reporting Plan. One focus of this ITP Amendment Application would be to report revised acreages for quality BUOW habitat within the project site. UltraSystems biologists would a habitat quality analysis as described in Proposal #01 to inform the habitat quality classes. A habitat quality classification table will be included in the impacts analysis section of the application. UltraSystems will prepare an Initial Draft ITP Amendment, one round of revisions to address client comments and resource agency comments, and a Final Draft of the ITP Amendment application package.

Deliverables
• One electronic copy of the draft/final ITP Amendment application, including appendices (e.g., current mapping of BUOW locations, BUOW habitat classifications, potential BUOW receiver sites, and potential BUOW habitat mitigation lands, 2026 breeding season survey report, site photographs, and other relevant appendices).

Task 5.2: CDFW Consultation – Development Phase, Preview, and Final Approved ITP Amendment. This task facilitates the conduct of routine project management activities in the furtherance of our consultation with CDFW regarding the development of a final, approved ITP Amendment. This task includes the preparation for, participation in, and follow-up actions related to CDFW consultation meetings and correspondences to inform the development of the ITP amendment to best represent the current status of BUOWs within the project site so that appropriate mitigation can be determined by CDFW. Prior to CDFW issuing the final ITP amendment, there will be a Preview ITP amendment meeting that CDFW will conduct with UltraSystems, the Client, and the Project Applicant (i.e., the City).

MAJOR TASK 6 .0: REGULATORY REQUIREMENTS OF CDFW/LSAA, RWQCB/WDR, AND CDFW ITP
The following permits have conditions that will require compliance for construction of the project.

1. CDFW- LSAA EPIMS-SBR-58314-R6. See table below for compliance.

2. RWQCB - WDR – WDID No. 362025-25. See table below for compliance.

3. ITP No. 2081 -2025-064-062081-2025-079-06 See table below for compliance. ( The ITP Amendment is covered in previously provided Proposal #03).

Presented below is our Scope of Work, based on compliance conditions within each of the specific regulatory permits. For the CDFW – L SAA, RWQCB – WDR, and ITP Permit, UltraSystems would assist with those compliance requirements that are not being handled by the City or Contractor. This 69 Jeffrey Kim, Engineering Manager
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proposal also addresses relevant mitigation measures required by the approved California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. Areas of responsibility are noted in the table below. See also attached permit task tracker spreadsheet.

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
Administrative Measures

1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

City/Contractor

1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

City/Contractor

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

City/Contractor

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. City/Contractor

1.5 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional projects or impacts subject to Fish and Game Code § 1602 not identified in this Agreement are anticipated. No additional impacts subject to Fish and Game Code § 1602 are authorized unless the impacts and/or activities are expressly authorized by CDFW by amendment to this Agreement.

City/UEI
Biologist

1.6 Take of Listed Species. The issuance of this Agreement does not authorize the take, incidental or otherwise, of any state or federally listed threatened, endangered, candidate or fully protected species. Take of any California Endangered Species Act (CESA) listed species is prohibited except as authorized by state law (Fish and G. Code, §§ 2080 & 2085).

Consequently, if a project, including project construction or any project- related activity during the life of the project, may result in take of CESA - listed species, CDFW recommends that the project proponent seek appropriate authorization prior to project implementation. This may include an incidental take permit (ITP) or a consistency determination (Fish & G. Code, §§ 2080.1 & 2081).

City/UEI
Biologist

1.7 Take of Nesting Birds. § 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code § 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds - UEI Biologist
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of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code § 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes. 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

Avoidance and Minimization Measures - General Biological Compliance

2.1 Designated Biologist. Permittee shall retain a CDFW-approved qualified biologist, botanist, or other biological specialist (Designated Biologist(s)) to be onsite throughout the entirety of the project. Permittee shall ensure that the Designated Biologist(s) is knowledgeable and experienced in the identification, biology, natural history, collecting, and handling of appropriate species. Permittee shall submit the aforementioned information using the CDFW Biologist Resume Form, DFW 820 (Exhibit D; available online at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=202869 ) at least 30 days before commencement of project activities addressed by this agreement. The Designated Biologist(s) shall conduct pre- activity surveys, present the Worker Environmental Awareness Program, monitor all construction activities subject to Fish and Game Code § 1602 (i.e., ensuring the prescribed access routes and work areas are r espected), monitor any active bird nests, perform necessary pre- activity surveys within stream areas and within all sensitive habitats, and ensure impacts to wildlife habitat are minimized.

UEI Biologist

2.2 Qualifications of Designated Biologist(s). Permittee shall ensure that each Designated Biologist is knowledgeable and experienced in the identification, life history, behavior, and habitat requirements of species with potential to be impacted by the project. Permittee shall also ensure that handling of non-listed fish, wildlife, or plant species is conducted only by Designated Biologists approved by CDFW in writing. Handling of state- listed species will require CESA authorization.

UEI Biologist

2.3 Responsibility of Designated Biologist(s). The Designated Biologist(s) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in clearing, grading, excavation, and/or other ground -disturbing activities.

To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall confirm and monitor the limits of project activities addressed by this Agreement.

UEI Biologist

2.4 Authority of Designated Biologist(s). To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall immediately halt any activity that does not comply with this Agreement, and/or order any reasonable measure to avoid the violation of, or UEI Biologist
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maintain compliance with, any measure of this Agreement. The Designated Biologist(s) shall not have the authority to handle any special- status species (e.g., species of special concern, rare, threatened, endangered, candidate) and must halt construction and notify CDFW immediately if any listed species is identified within or adjacent to the project area and could be impacted by the project. If compliance with any measure of this Agreement fails or if the measures of this permit are violated, Permittee shall notify CDFW immediately in writing to [email protected].

2.5 Access Routes and Work Areas. The Designated Biologist(s) shall establish and delineate work areas and access routes, within those areas and routes identified in the notification, to minimize impacts to sensitive resources to the greatest extent feasible. The Designated Biologist(s) shall clearly demarcate, using non-ground- disturbing methods, the prescribed work areas and access routes, and any necessary avoidance areas, including an appropriate buffer. If Permittee determines that alternative access routes or work areas, beyond those described in the notification, are necessary, the Designated Biologist(s) or Permittee shall contact CDFW for written approval prior to utilizing the alternative route. CDFW may require an amendment to this Agreement if project modifications are required.

Contractor/UEI
Biologist

2.6 Staging Areas. All project-related parking areas, storage areas, laydown sites, and equipment storage shall be located outside of areas subject to Fish and Game Code § 1602 and, to the extent possible, shall use previously disturbed areas.

Contractor
Nesting Bird Protection

2.7 Nesting Birds. It is the Permittee’s responsibility to avoid impacts to nesting birds anytime birds are nesting on- site. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures.

UEI Biologist

2.7.1 Designated Biologist(s). Permittee shall designate a biologist (Designated Biologist(s)) experienced in identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 1993 and United States Fish and Wildlife Service and/or CDFW - accepted species -specific survey protocols); implementing nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 1993); determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

UEI Biologist

2.7.2 Pre-Construction Surveys. Surveys shall be conducted by the Designated Biologist(s) at the appropriate time of day/night, during appropriate weather conditions, no more than three (3) days prior to the initiation of project activities addressed by this Agreement.

UEI Biologist
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Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the property; density and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.

Pre-project surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist(s) shall establish a disturbance- free buffer until additional surveys can be completed, or until the location can be inferred based on observations.

The Designated Biologist(s) shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist(s) shall monitor the nest for 1 hour (4 hours for raptors) prior to approaching the nest to determine status. The Designated Biologist(s) shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre- activity surveys shall be provided to CDFW per Measure 4.1.

2.7.3 Buffers. When an active nest is confirmed, the Designated Biologist(s) shall immediately establish a conservative buffer surrounding the nest.

Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist(s) shall document baseline behavior , stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance.

Following documentation of baseline conditions, the Designated Biologist(s) may choose to adjust the buffer based on site characteristics, stage of reproduction, and types of project activities proposed at/near that location. The Designated Biologist(s) shall monitor the nest at the onset of project activities addressed by this Agreement, and at the onset of any changes in project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist(s) determines that project activities may be causing an adverse reaction, the Designated Biologist(s) shall increase the buffer accordingly.

UEI Biologist

2.7.4 Protection from Excessive Sound. If project activities must take place within the buffer, a qualified acoustician shall monitor noise as work approaches the edge of the occupied habitat as directed by the Designated UEI Biologist
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Biologist(s). If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the Designated Biologist(s) determines that activities are disturbing nesting activities, the Designated Biologist(s) shall have the authority to halt the project activities and shall consult with CDFW to devise methods to reduce the noise and/or disturbance. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nesting birds and the activities, and working in other areas until the young have fledged. Protective noise barriers shall be removed when birds are done nesting and shall not remain installed in the project site during the rainy season if within the floodplain of the stream(s). The Designated Biologist(s) shall monitor the nest daily until activities are no longer within 300 feet of the nest, or the fledglings become independent of their nest, or the nest has failed.

2.7.5 Ongoing Monitoring. The Designated Biologist(s) shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist(s) shall document the status of all existing nests, including the stage of reproduction and the expected fledge date, when this can be determined without endangering the nest by disturbance or alerting predators. If a nest is suspected to have been abandoned or failed, CDFW recommends the Designated Biologist(s) monitor the nest for a minimum of 1 hour (4 hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist(s) may approach the nest to assess the status.

UEI Biologist

2.7.6 Securing Site. Permittee, under the direction of the Designated Biologist(s), may also take steps to discourage nesting on the project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials.

The Designated Biologist(s) shall ensure that none of the materials used pose an entanglement risk to birds or other species. The Designated Biologist shall include a detailed account of any steps taken to discourage nesting within the project site in the summary reports.

UEI Biologist

2.7.7 Reporting. The Designated Biologist(s) shall be responsible for providing summary reports, as specified in Measure 4.2 to CDFW no less than once weekly regarding the nesting species identified onsite, discovery of any new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If the project results in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours.

UEI Biologist
Burrowing Owl Protection

2.8 Burrowing Owl. Burrowing owl is a candidate species for listing as threatened or endangered pursuant to the California Endangered Species Act (Fish & G. Code, §§ 2050 et seq., 2080, 2085). Permittee shall ensure that impacts to burrowing owls and take of burrowing owls are fully avoided through the implementation of focused surveys, preconstruction surveys, and ongoing monitoring. If impacts to burrowing owls cannot be UEI Biologist
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No. Condition Responsible
avoided, Permittee shall postpone the Project until appropriate CESA authorization is obtained. This may include an incidental take permit (Fish and Game Code, § 2081). The issuance of this Agreement does not authorize take of burrowing owls.

2.8.1 Burrowing Owl Habitat Assessment. Prior to the initiation of Project activities addressed by this Agreement, Permittee shall conduct a burrowing owl habitat assessment consistent with the 2012 Staff Report.

A habitat assessment shall be conducted by Designated Biologist(s) knowledgeable of burrowing owl habitat, ecology, and field identification of the species, burrow and burrow surrogates, and burrowing owl sign at least thirty (30) calendar days prior to the initiation of Project activities addressed by this Agreement. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat.

Survey duration shall take into consideration the size of the property; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. A report summarizing the results of the habitat assessment shall be submitted to CDFW within 10 days of survey completion, as described in Measure 4.3.

UEI Biologist

2.8.2 Focused Surveys for Burrowing Owls Prior to Project Activities. If the burrowing owl habitat assessment identifies burrowing owl habitat or sign on site, Permittee shall have a Designated Biologist(s) pre- approved by CDFW perform a survey for burrowing owls between 30 and 60 days prior to Project activities . Occupancy of burrowing owl habitat is confirmed at a site when at least one burrowing owl, or its sign at or near a burrow entrance, is observed within the last three years.

UEI Biologist

2.8.3 Burrowing Owl Survey Results. Permittee shall submit the survey methodology and results within ten days of survey completion and at least twenty -one days prior to commencement of Project activities addressed by this Agreement to CDFW Inland Deserts Region at [email protected].

UEI Biologist

2.8.4 Burrowing Owl Pre-Construction Inspection. If burrowing owl habitat is found onsite, Permittee shall have a Designated Biologist(s), pre- approved by CDFW, inspect all burrows that exhibit typical characteristics of owl activity within three (3) days prior to any site- preparation activities. Evidence of owl activity may include presence of owls themselves, burrows, and owl sign at burrow entrances such as pellets, whitewash or other “ornamentation,” feathers, prey remains, etc. If it is evident that the burrows are actively being used, Permittee shall not commence activities until appropriate CESA authorization is obtained.

CDFW shall be notified in writing of detection of active burrows within three (3) days.

UEI Biologist

2.8.5 Burrowing Owl Avoidance and Monitoring Plan. If burrowing owls are detected on or adjacent to the Project site, the Permittee shall prepare a Burrowing Owl Avoidance and Monitoring Plan that shall be submitted to CDFW for review and approval at least 30 days prior to initiation of Project activities. If burrowing owls are detected after Project activities UEI Biologist
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No. Condition Responsible
have been initiated, a Burrowing Avoidance and Monitoring Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 1000 feet of the burrowing owls. Project activities shall not occur within 1000 feet of an active burrow until CDFW approves the Burrowing Owl Avoidance and Monitoring Plan. The Burrowing Owl Avoidance and Monitoring Plan shall include 1) assessment that details the number and location of occupied burrow sites, and acres of burrowing owl habitat with a qualitative description of the habitat vegetation characteristics; 2) details on avoidance actions and monitoring such as proposed buffers, visual barriers, and other actions to ensure that take of burrowing owl individuals, nests, and eggs are avoided; and 3) site monitoring to be conducted prior to, during, and after Project activities. The Permittee shall implement the Burrowing Owl Avoidance and Monitoring Plan following CDFW review and approval. If it is evident that the burrows are being used and avoidance is not feasible, Permittee shall not commence activities until appropriate CESA authorization is obtained.

2.8.6 Burrowing Owls Observed During Construction. If burrowing owls are observed within Project Site(s) during Project implementation and construction, Permittee shall notify CDFW immediately in writing to [email protected] (reference SAA# EPIMS -SBR-58314- R6).

UEI Biologist
Special-Status Species Surveys and Avoidance

2.9 Least Bell’s Vireo. Least Bell’s vireo is an endangered species pursuant to the California Endangered Species Act (Fish & G. Code, § 2050 et seq.) and the federal Endangered Species Act. Permittee shall designate a CDFW-approved least Bell’s vireo biologist (Designated Biologist) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for least Bell’s vireo prior to project activities. If project activities will be completed when least Bell’s vireo could be present, the Designated Biologist shall complete necessary surveys, impact assessments, and associated reports within all locations subject to project site activities following the protocols provided within the Least Bell’s Vireo Survey Guidelines (USFWS, January 2001) to ensure avoidance of impacts. Survey results shall be submitted in writing to CDFW for review prior to the start of project activities. If least Bell’s vireos are identified within 500 linear feet of project site activities, the Permittee shall develop a plan to completely avoid impacts to the species and submit to CDFW for review and approval. The Permittee shall not conduct any project activities within 1000 linear feet of occupied least Bell’s vireo habitat from March 1 through July 31. The Permittee shall not conduct any project activities within 500 linear feet of occupied least Bell’s vireo habitat from August 1 to September 15. If full avoidance cannot be accomplished, Permittee shall postpone the Project until appropriate CESA authorization is obtained.

UEI Biologist

2.10 San Bernardino Kangaroo Rat. Permittee shall prepare a plan to conduct pre- project protocol trapping for San Bernardino kangaroo rat UEI Biologist 76 Jeffrey Kim, Engineering Manager
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(SBKR) within the project footprint and a 500-foot buffer and shall submit the plan to CDFW for review and approval prior to implementation.

Nighttime temperatures during the trapping must be greater than 50 degrees Fahrenheit. The results of the protocol trapping shall be provided to CDFW no less than 30 days prior to the start of project activities. If SBKR are present, all project activities must avoid take, unless CESA authorization is obtained, and no project activities are authorized under this Agreement without additional written approval from CDFW. This Agreement does not provide authorization for take of any listed species.

2.11 Special-Status Small Mammals. Prior to the start of project activities, a Designated Biologist(s) knowledgeable in the habitat, ecology, and field identification of San Diego desert woodrat and Los Angeles pocket mouse shall visually survey the entirety of the project site, access route, and appropriate buffer surrounding these areas to identify any features/habitats (i.e., burrows, dens, cavities, etc.) suitable to support these special -status small mammals. Where an identifiable feature is present, the Designated Biologist(s) shall mark the potentially occupied feature for avoidance. If special -status small mammals are detected, Permittee shall immediately (within 24 hours) notify CDFW and submit species-specific avoidance measures that when implemented, will fully avoid impacts to the special -status small mammals. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.12 Special-Status Amphibians. Prior to the start of Project activities, the Designated Biologist(s) shall visually survey the project area for the potential occurrence of special -status amphibians within the project footprint, including, but not limited to, those identified in the Proj ect Impacts section of this Agreement. If special -status amphibians, egg masses, or breeding habitat are present, Permittee shall develop a Species Avoidance Plan to ensure breeding habitat, and/or egg masses and tadpoles are not impacted by project activities, including the excavated materials entering the streambed. The Species Avoidance Plan shall be submitted to CDFW for review and approval prior to implementation.

UEI Biologist

2.13 Special-Status Reptiles. Permittee shall avoid and minimize impacts to special- status reptiles within the Project footprint, including, but not limited to, those identified in the Project Impacts section of this Agreement. The Designated Biologist(s) shall conduct pre- activity clearance surveys immediately prior to the initiation of ground-disturbing activities within areas containing suitable habitat, including burrows, sand fields, and rock piles. If any special -status reptiles are detected, the Designated Biologist(s) shall provide the animal sufficient time to leave on its own accord. If any special-status reptile species is identified and has the potential to be impacted by the Project, Permittee shall halt the activities that have the potential to impact special -status reptil es and contact CDFW immediately to discuss an appropriate path forward.

UEI Biologist

2.14 Crotch’s Bumble Bee. Crotch's bumble bee is a candidate species for listing pursuant to the California Endangered Species Act (Fish & G. Code, UEI Biologist 77 Jeffrey Kim, Engineering Manager
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§ 2050 et seq.). Permittee shall designate a Crotch’s bumble bee approved biologist (Designated Biologist(s)) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for Crotch’s bumble bee prior to project activities. Surveys should be conducted during flying season when the species is most likely to be detected above ground, between March 1 to September 1 (Thorp et al. 1983). Survey results, including negative findings, should be submitted to CDFW prior to implementing project- activities. If Crotch’s bumble bee is detected, the Designated Biologist should immediately notify CDFW. In addition, the Permittee in consultation with the Designated Biologist(s) should develop a Crotch’s Bumble Bee Avoidance Plan. At a minimum, the avoidance plan should identify the location of all nests in or adjacent to the project site as well as all inactive small mammal burrows. If an inactive burrow may be disturbed by project activities, it should be resurveyed for Crotch’s bumble bee within seven (7) days prior to the scheduled disturbance.

A minimum 100 -foot no disturbance buffer zone should be established around nests to reduce the risk of disturbance or accidental take. The Designated Biologist(s) should expand the buffer zone as necessary to prevent disturbance or take. If full avoidance cannot be accomplished, Permittee shall postpone the project until appropriate CESA authorization is obtained.

2.15 Special-Status Plants. Prior to the start of project activities, the Designated Biologist(s) shall visually survey the entirety of the project site and access route to identify any special -status plants, such as those included in the Project Impacts section of this Agreement. Any special - status plants identified shall be marked for avoidance. The Permittee shall avoid all impacts to state- listed plants unless CESA authorization is obtained. If other special -status plant species are identified within the project site, Permittee shall develop a plan to avoid impacts to special - status plants. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.16 Pre-activity Surveys. The Designated Biologist(s) shall conduct pre - activity surveys within the project areas and a 500 -foot buffer surrounding these areas 14- 21 days prior to initiating project activities. The surveys shall be conducted to identify and map for avoidance any special -status species with the potential to occur on the site, including those identified in the Project Impacts section of this Agreement, and any habitat, dens, roosts, burrows, nests, etc. capable of supporting a special status species. The Designated Biologist(s) shall ensure that the methods used to locate, identify, map, avoid, and buffer individuals or habitat are appropriate and effective, including the assurance that the surveyor has attained 100% visual coverage of the entirety of the potential impact areas, and an appropriate buffer surrounding those areas. Results of the surveys shall be submitted to CDFW via email at least 2 days prior to initiation of any project activities. If any special -status species (or sign of presence) is identified UEI Biologist
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within or adjacent to the project area, Permittee shall immediately (within 24 hours) notify CDFW and submit, prior to initiation of project activities, species -specific avoidance measures that when implemented will fully avoid impacts to the special -status species. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward. Results of pre- activity surveys shall be provided to CDFW per Measure 4.3.

2.17 Pre-Activity Sweeps. The Designated Biologist(s) shall conduct pre - activity sweeps within the project areas (including access routes) and a 500-foot buffer surrounding the project areas, within 2 hours prior to initiating project activities. The pre- activity sweeps shall confirm and mark/map for avoidance the location of any known nesting bird(s) and/or special -status species and shall verify that no additional/new nesting bird(s) and/or special -status species have occupied the project areas or adjacent habitats. If any additional/new nesting bird(s) and/or special-status species (or sign of presence) are identified within or adjacent to the project areas during the pre- activity sweep, Permittee shall determine whether the proposed avoidance measures will be effective in fully avoiding impacts of the project on the identified resource(s) prior to initiating project activities. If full avoidance cannot be accomplished, Permittee shall postpone the project, and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.18 Avoidance of Sensitive Resources. Following the completion of the pre- activity sweep, the Designated Biologist(s) shall ensure that all sensitive resources identified are mapped/marked for avoidance and that the buffers proposed to protect those sensitive resources are appropriately sized and clearly demarcated. In addition, the Designated Biologist(s) shall identify and mark the most appropriate path (i.e., the route that provides full avoidance of sensitive resources, vegetation, and other habitat values) for construction vehicles and equipment to utilize to access the project site. The Designated Biologist(s) shall use available scientific research, independent judgement, and personal experience when assigning avoidance buffer. Details of these avoidance measures shall be provided to CDFW in the post- activity report (Measure 4.4) within 14 days after project completion . If full avoidance cannot be accomplished, Permittee shall postpone work activities in the immediate area and buffer as determined by the Designated Biologist, and contact CDFW to discuss an appropriate path forward. The Permittee may resume activities at other project locations after clearance by the Designated Biologist(s).

UEI Biologist

2.19 Construction Monitoring. The Designated Biologist(s) shall be present during the entirety of project activities and shall ensure that all avoidance and minimization measures are implemented and maintained, including but not limited to monitoring and addressing potential nesting bird(s) and/or special -status species impacts, ensuring the prescribed access routes and work areas are respected, and securing any excavation areas.

If the Designated Biologist(s) determines there is the potential for the project to impact a nesting bird(s) and/or special -status species, the UEI Biologist
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No. Condition Responsible
Designated Biologist(s) shall postpone work activities in the immediate area and buffer as determined by the Designated Biologist, and contact CDFW to discuss an appropriate path forward. Permittee may resume activities at other project locations after clearance by the Designated Biologist(s).

2.20 Moving out of Harm’s Way. To reduce direct injury and mortality, the Designated Biologist(s) shall be at the project site prior to and during all ground- and habitat- disturbing activities to move or allow to move out of harm’s way any non- listed, non–fully protected wildlife that would otherwise be injured or killed from project- related activities. Movement of wildlife out of harm’s way should be limited to only those individuals that would otherwise by injured or killed, and individuals should be moved only as far a necessary to ensure their safety. Only Designated Biologist(s) with appropriate authorization by CDFW shall move CESA - listed species.

UEI Biologist
In-Water Work and Dewatering

2.21 No Work in Flowing Water. Work within Fish and Game Code § 1602 resources shall be restricted to periods of no stream flow except for CDFW- approved water diversions.

Contractor

2.22 Dewatering. Permittee shall comply with the following: Contractor

2.22.1 Dewatering Plan. Permittee shall submit for approval a detailed dewatering plan to the Department. Dewatering structures may include the use of sand bag , Port-a-dams, water bladder dams, K -rails or driven sheet metal coffer dams. The Department will review the proposed water diversion method, to approve the plan or provide the requirements for that approval. The Permittee may not commence the dewatering o f the stream without the explicit approval from the Department.

Contractor

2.22.2 Maintain Aquatic Life. When any artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water at all times to pass downstream to maintain aquatic life below the dam pursuant to Fish and Game Code § 5937.

Contractor

2.22.3 Stranded Aquatic Life. The Permittee shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas. Capture methods may include fish landing nets, dip nets, buckets and by hand. Captured aquatic life shall be released immediately in the closest body of water adjacent to the work site. A summary of any such activities shall be submitted in the report described in Measure 4.4. This condition does not allow for the take or disturbance of any State or federally listed species, or State species of special concern.

Contractor/UEI
Biologist

2.22.4 Clean Obstruction Only. Any temporary dam or other artificial obstruction constructed by Permittee shall only be built from materials which will cause little or no siltation, such as clean gravel.

Contractor

2.22.5 Non-Erodible Materials. Permittee shall use only clean non erodible materials in the construction of any water diversion device. All materials Contractor 80 Jeffrey Kim, Engineering Manager
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No. Condition Responsible
used for diversion of water shall be removed from the stream at the end of the irrigation season each year.

2.22.6 Extra Sandbags. Permittee shall have extra sandbags readily available to provide additional freeboard to the diversion in the event it becomes evident flows may increase in due to rainy conditions. The sandbag diversion may be removed completely only if the stream bank is stable, and no undue erosion will occur.

Contractor

2.22.7 Maintain Water Quality. Permittee shall divert flow in a manner that prevents turbidity, siltation, or pollution and provides flows to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have supported aquatic life.

Bypassed flow will be in accordance with Fish and Game Code § 5937 (Sufficient Water for Fish Below Dams) and § 5947 (Unlawful to Vary Flows if Harmful to Fish). Said flows shall be sufficient quality and quantity, and of appropriate temperature to support fish and other aquatic life both above and below the diversion. Normal flow shall be restored to the affected stream immediately upon completion of work at that location.

Contractor
Construction BMPs, Invasive Species, Equipment, Pollution, and Trash Controls

2.23 Worker Environmental Awareness Program (WEAP). Prior to implementing any project activities, Permittee shall implement a Worker Environmental Awareness Program (WEAP) to educate on- site workers about sensitive environmental issues associated with the project. The program will be administered to all on- site personnel, including Permittee’s personnel, contractors, and all subcontractors, prior to the employee’s commenci ng project activities. Permittee shall provide interpretation for non- English-
speaking workers, and the same
instruction shall be provided to any new workers before they are authorized to perform project activities.

UEI Biologist

2.24 Best Management Practices (BMPs). Permittee shall actively implement BMPs to prevent erosion and the discharge of sediment and pollutants into streams during project activities. BMPs shall be monitored by the Designated Biologist(s) and repaired, if necessary, to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono -filament netting (erosion control matting) or similar material, within and adjacent to Fish and Game Code § 1602 resources. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials.

Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non- welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread.

Contractor/UEI
Biologist

2.25 Invasive Species. Permittee shall conduct project activities in a manner that prevents the introduction, transfer, and spread of invasive species, including plants, animals, and microbes (e.g., algae, fungi, parasites, Contractor/UEI
Biologist
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No. Condition Responsible
bacteria, etc.). Prevention BMPs and guidelines for invasive plants can be found on the California Invasive Plant Council’s website at:
http://www.cal-ipc.org/ip/prevention/index.php and for invasive mussels and aquatic species can be found at the Stop Aquatic Hitchhikers website: https://stopaquatichitchhikers.org/.

2.26 Equipment Use and Cleaning. All equipment shall be cleaned prior to entering the bed or bank of the wetland. Washing must take place where rinse water is collected and disposed of in either a sanitary sewer, landfill, or other facility authorized to accept such rinse water. The cleaning measures must be practical and verifiable. Depending on the nature of the debris, the equipment may be cleaned using mechanical methods (brushing, scraping, prying), compressed air, high -pressure water, or steam. This includes wheels, tires, buckets, stabilizers, undercarriages, and bumpers. The Permittee shall verify and document cleaning has occurred prior to equipment entering the bed or bank of the lake; documentation of equipment inspections for each date of entry shall be available to CDFW upon request.

Contractor

2.27 Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance.

Contractor

2.27.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.

Contractor

2.27.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.

Contractor

2.27.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering a lake, streambed, or flowing stream.

Contractor

2.27.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from construction activities shall be allowed to enter any river, stream, or lake.

Contractor

2.27.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where pollutants may enter these areas under any flow.

Contractor

2.28 Trash Abatement and Refuse Removal. Permittee shall ensure that trash and food items are contained in animal -proof containers and removed at the end of each workday to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of project activities, Permittee shall remove and properly dispose of all refuse, including, but not limited to, broken equipment parts, wrapping Contractor
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City of Fontana
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No. Condition Responsible
material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes. 3. Compensatory Measures To compensate for adverse impacts to the fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below.

Compensatory Measures

3.1 Purchase of Credits from Mitigation Bank. Permittee shall purchase a total of 1.20 acres of riparian enhancement credits from a CDFW approved mitigation bank, to be approved by CDFW in writing. Permittee shall obtain CDFW approval regarding choice of the mitigation bank prior to credit purchase. Proof of purchase shall be provided to CDFW no later than 7 days prior to initiation of project activities.

City

3.2 Restoration of Temporary Impact Areas. Permittee shall initiate restoration of the 0.37 -acre impact area (Restoration Area) immediately following the completion of project activities. Restoration activities shall include: (1) recontouring and decompaction of the streambed and bank, and associated habitats to pre- impact grade; (2) placement of collected topsoil/substrate and/or seeds; (3) removal of invasive and nonnative plant species; and (4) if native vegetation is removed, planting of local, native species by installing container plants and/o r broadcasting seeds.

Permittee shall provide a brief memo to CDFW describing the fulfilment of the criteria described above and include before and after photos. 4.

Reporting Measures Permittee shall meet each reporting requirement described below. All reporting and project information shall be submitted in digital copy via EPIMS and to [email protected] , with a cc to [email protected] . Please reference Notification No.

EPIMS-SBR-58314-R6.

Contractor/UEI
Biologist
Reporting Measures

4.1 Pre-Construction Nesting Bird Survey Report. Prior to commencement of project activities, Permittee shall submit the results of pre-construction nesting bird surveys completed pursuant to Measure 2.7.2 of this Agreement to [email protected]
UEI Biologist

4.2 Nesting Bird Summary Reports. Permittee shall prepare and submit to CDFW a summary, as described in Measure 2.7.7 of this Agreement, of nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. Summary reports shall be submitted on a weekly basis until there is no further evidence of nesting activity. If the project results in the abandonment of or damage to a nest, Permittee shall notify CDFW within 24 hours.

UEI Biologist

4.3 Pre-activity Survey Results. Permittee shall submit to CDFW for review, the results of the pre -activity surveys conducted by the Designated Biologist(s) and any measures proposed to ensure complete avoidance of any special-status species, if identified during the surveys. Results of the surveys shall be submitted to CDFW in w riting before commencement of UEI Biologist
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No. Condition Responsible
project activities. The report shall include the following information: a list of all nesting bird(s) and/or special-status species observed; a description of habitat and refugia (e.g., potential burrows, nests, dens, etc.) potentially supporting the nesting bird(s) and/or special -status species; the location(s) of each observation; methods proposed to
demarcate/delineate those locations and any associated
buffers/avoidance areas; and any other avoidance or minimization measure proposed to be implemented.

4.4 Post-Activity Report. Permittee shall provide a brief post-activity report summarizing the results of the pre-activity sweep and any site- or species- specific avoidance and minimization measures implemented during the project within fourteen (14) days of project completion. The post - activity report shall include photos of the project areas, post- project, to document the restoration of the temporary work areas.

UEI Biologist

4.5 Notification to CNDDB. If any sensitive species (rare, threatened, endangered, candidate, fully protected, species of special concern, etc.) are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data B ase (CNDDB) forms and maps to the CNDDB within five working days of the sightings
. The CNDDB form is available online at:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. A copy of this information shall also be mailed or emailed within five working days to CDFW at the address or email listed below under Contact Information. Please reference Notification No. EPIMS-SBR-58314-R6.

UEI Biologist

4.6 Notification of Start of Construction. Permittee shall notify CDFW, in writing, at least five working days prior to initiation of project activities. Notification shall be sent via email to
[email protected] with a cc to
[email protected]. Please reference Notification No. EPIMS - SBR- 58314-R6.

UEI Biologist

RWQCB – WDR NOA (WDID No. 362025-25)
No. Condition Responsible
Authorization
A.1 Impacts to waters of the State shall not exceed 0.15 acres (285 linear feet). City / Contractor
A.2 Permanent impacts to waters of the State shall not exceed 0.10 acres (185 linear feet). City / Contractor
Discharge Prohibitions
B.1
Permitted actions must not cause violation of any applicable water quality objectives or water quality control plans, including impairment of designated beneficial uses for receiving waters as adopted in any applicable Water Board water quality control plan or policy. The source of any such discharge must be eliminated as soon as practicable.

Contractor
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City of Fontana
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No. Condition Responsible
B.2
Except for authorized fill material discharges to waters of the State, additional permanent hardening for bank stabilization or other improvement to infrastructure require separate authorization.

City / Contractor
B.3.i
Following an accidental discharge of a reportable quantity of hazardous material, sewage, or unknown material, the following applies (Water Code, Section 13271):
i. As soon as (A) Enrollee has knowledge of the discharge or noncompliance (B) notification is possible, and (C) notification can be provided without substantially impeding clean up or other emergency measures then:
a) First call – 911 (to notify local response agency)
b) Then call – Office of Emergency Services (OES) State Warning Center at: (800) 852-7550 or (916) 845-8911
c) Lastly, follow the required OES procedures as set forth in the Office of Emergency Services' Accidental Discharge Notification Web Page.

Contractor
B.3.ii
Following notification to OES, the Enrollee shall notify the Water Board as soon as practicable (ideally within 24 hours). Notification may be delivered via written notice, email, or other verifiable means.

Contractor
B.3.iii
Within five (5) business days of notification to the Water Board, the Enrollee must submit an Accidental Discharge of Hazardous Material Report.

Contractor
Restoration and Compensatory Mitigation
C.1
Provide compensatory mitigation for permanent impacts to 0.10 acres of waters of the State through purchase of 1.20 acres of Ephemeral Riparian Enhancement credits from Soquel Canyon Mitigation Bank. (Already Completed)
City
C.2 Restore all temporary impacts to waters of the State to pre -Project conditions at a 1:1 ratio. Contractor
C.3
Restoration of the drainage contours must be completed within 60 days of completing authorized activities within the Old San Sevaine Channel.

Contractor
C.4
If vegetation has not naturally re -established in the temporarily impacted areas within two (2) years of finalizing authorized activities within the Old San Sevaine Channel, an on- site restoration plan shall be provided.

UEI Biologist
C.5 Prior to initiating active on-site restoration, a restoration plan shall be provided for Santa Ana Water Board staff review and approval. UEI Biologist C.6 Re-established vegetation shall be comparable to or of higher resource value than pre-Project vegetation communities. UEI Biologist Best Management Practices and Post-Construction Monitoring D.1
To the greatest extent practicable, Project activities shall be avoided during periods when surface flows are present or expected. If work must occur in the presence of surface flows, appropriate water quality best management practices (BMPs) such as check dams, shall be implemented.

Contractor
D.2 If surface water is present, continuous visual monitoring shall be conducted during active construction to detect any accidental UEI Biologist 85 Jeffrey Kim, Engineering Manager
City of Fontana
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No. Condition Responsible
discharge of construction -related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).

D.3
Motorized equipment shall not be maintained or parked near any stream crossing or channel, in such a manner that petroleum products or other pollutants might enter these areas under any flow conditions.

Vehicles and equipment shall not be driven or operated in waters of the State, except as necessary to complete the proposed Project.

Contractor
D.4
All equipment using gas, oil, hydraulic fluid, or other petroleum products shall be inspected for leaks prior to use and shall be monitored for leakage.

Contractor
D.5
All stockpiles shall be placed outside of drainage areas or other surface waters and protected in such a manner to be prevented from entering waters of the State.

Contractor
D.6
Upon completion of individual Project activities, trash and all construction-related materials shall be removed and deposited at a legal point of disposal.

Contractor
D.7
Once authorized activities within the Old San Sevaine Channel has been completed (not including restoration activities per section C above), the Enrollee shall visually inspect and comprehensively photograph the Project site, specifically the Old San Sevaine Channel, slope vegetation and culvert structures, for two rainy seasons (October – April) to ensure the Project site is not causing excessive erosion or stream instability. At a minimum, such inspection shall occur within seven days of any storm resulting in at least half an inch of precipitation over a 24-hour period.¹
UEI Biologist
D.8
During precipitation events, the Enrollee shall take photographs of the Old San Sevaine Channel to document observable indicators of erosion, stream instability or other site conditions. If any signs of erosion or stream instability are observed during the visual inspection (e.g., rills, scouring, wash -outs), or the Enrollee otherwise becomes aware that the Project is causing or substantially contributing to increased sedimentation and turbidity to Old San Sevaine Channel, the Enrollee shall contact the Santa Ana Water Board staff member overseeing the Project within three (3) working days.

Additional permits or actions may be required to carry out any necessary site remediation.

UEI Biologist
Reporting
E.1
Annual Reporting. The reporting period is from January 1st to December 31st. The Enrollee shall submit an annual report by January 31st for the previous reporting period if the Order's effective date is at least 90 days within the reporting period.

UEI Biologist
E.2 Annual Reporting shall continue until a Notice of Completion Letter is issued by the Santa Ana Water Board to the Enrollee. UEI Biologist E.3 The Enrollee shall provide a Notice of Completion within 45 days of completing all Project activities. UEI Biologist

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No. Condition Responsible
General Provisions

5.2 Designated Biologist(s), Biological Monitor(s), and/or Veterinarian(s).

Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information of the Designated Biologist(s) and Biological Monitor(s) using the Biologist Resume Form (Attachment 3) or another format containing the same info rmation at least 30 days before starting Covered Activities . Permittee shall ensure that the Designated Biologist(s) and Biological Monitor(s) are knowledgeable and experienced in the biology, natural history, collecting, and handling of the Covered Species. The Designated Biologist(s) and Biological Monitor(s) sh all be responsible for monitoring Covered Activities to help minimize and fully mitigate or avoid the incidental take of individual Covered Species and to minimize disturbance of Covered Species' habitat. Permittee shall obtain CDFW approval of the Designated Biologist(s) and Biological Monitor(s) in writing before starting Covered Activities and shall also obtain approval in advance, in writing, if the Designated Biologist(s) or Biological Monitor(s) must be changed.

UEI Biologist

5.3 Designated Biologist Authority. To ensure compliance with the Conditions of Approval of this ITP, the Designated Biologist shall immediately stop any activity that does not comply with this ITP and/or order any reasonable measure to avoid the unauthorized take of an individual of the Cov ered Species. Permittee shall provide unfettered access to the Project Site and otherwise facilitate the Designated Biologist in the performance of his/her duties. If the Designated Biologist is unable to comply with the ITP, then the Designated Biologist shall notify the CDFW Representative immediately.

Permittee shall not enter into any agreement or contract of any kind, including but not limited to non- disclosure agreements and confidentiality agreements, with its contractors and/or the Designated Biologist that prohibit or impede open communication with CDFW, including but not limited to providing CDFW staff with the results of any surveys, reports, or studies or notifying CDFW of any non- compliance or take. Failure to notify CDFW of any non -compliance or take or injury of a Covered Species as a result of such agreement or contract may result in CDFW taking actions to prevent or remedy a violation of this ITP.

UEI Biologist

5.4 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work. The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and general behavior of the Covered Species, information about the distribution and habitat needs of the Covered Species, sensitivity of the Covered Species to human activities, its status pursuant to CESA including legal protection, recovery efforts, penalties for violations and Project- specific protective measures described in this ITP. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry in the Project Area. Permittee shall provide interpretation for non -English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form stating they atte nded the program and understand all protection UEI Biologist
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No. Condition Responsible
measures. This training shall be repeated at least once annually for long - term and/or permanent employees that will be conducting work in the Project Area.

5.5 Construction Monitoring Documentation. The Designated Biologist(s) and Biological Monitor(s) shall maintain construction- monitoring documentation on-site in either hard copy or digital format throughout the construction period, which shall include a copy of this ITP with attachments and a list of signatures of all personnel who have successfully completed the education program. Permittee shall ensure a copy of the construction- monitoring documentation is available for review at the Project site upon request by CDFW.

UEI Biologist

5.6 Rodenticides and Insecticides. The Permittee shall prohibit use of rodenticides or other poisons used to control burrowing animals in the Project Area during the term of this ITP. The Permittee shall prohibit management of ground squirrel populations or any rodents by any means, including, but not limited to, rodenticide, gas, or live- trapping within the Project Area for the duration of Covered Activities. The Permittee may only use pesticides registered with the California Department of Pesticide Regulation (CDPR). Any dyes included in the pesticides must be EPA - registered dyes approved for use in California. All pesticides shall be applied in accordance with labeled instructions and regulations set by CDPR.

Labeled instructions for the pesticide(s) used shall be made available to CDFW upon request. No pesticides shall be applied when wind speeds exceed 5 miles per hour.

Contractor/UEI
Biologist

5.7 Domestic and Working Animals. The Permittee shall prohibit domestic and working animals from the Project Area and site access routes during Covered Activities, except for those that are possessed by authorized security personnel or federal, state, or local law enforcement officials, do gs used in official and CDFW -approved monitoring procedures/protocols, or service dogs under Title II and Title III of the American with Disabilities Act.

The Permittee shall prohibit all domestic dogs from entering the no - disturbance buffer described in Condition of Approval 7.6. The Permittee shall prohibit any form of domestic bird from the Project site to reduce the risk of transferring avian influenza, sticktight fleas, or other diseases or pests to the Covered Species.

Contractor/UEI
Biologist

5.8 Trash Abatement. Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs.

City/Contractor

5.9 Dust Control. Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of the Covered Species by the Designated Biologist. Permittee shall keep the amount of water used to the minimum amount needed and shall not allow water to form puddles.

Contractor/UEI
Biologist

5.10 Erosion Control Materials. Permittee shall prohibit use of erosion control materials potentially harmful to Covered Species and other species, such as Contractor/UEI
Biologist
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City of Fontana
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No. Condition Responsible
monofilament netting (erosion control matting) or similar material, in potential Covered Species' habitat.

5.11 Delineation of Property Boundaries. Before starting Covered Activities along each part of the route in active construction, Permittee shall clearly delineate the boundaries of the Project Area with fencing, stakes, or flags.

Permittee shall restrict all Covered Activities to within the fenced, staked, or flagged areas. Permittee shall maintain all fencing, stakes, and flags until the completion of Covered Activities in that area.

Contractor

5.12 Delineation of Habitat. Permittee shall clearly delineate habitat of the Covered Species within the Project Area with posted signs, posting stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of Covered Species' habitat.

UEI Biologist

5.13 Project Access. Project-related personnel shall access the Project Area using existing routes, or routes identified in the Project Description, and shall not cross Covered Species' habitat outside of or en route to the Project Area. Permittee shall restrict Project- related vehicle traffic to established roads, staging, and parking areas. Permittee shall ensure that vehicle speeds do not exceed 20 miles per hour to avoid Covered Species on or traversing the roads. If Permittee determines construction of routes for travel are necessary outside of the Project Area, the Designated Representative shall contact CDFW for written approval before carrying out such an activity.

CDFW may require an amendment to this ITP, among other reasons, if additional take of Covered Species will occur as a result of the Project modification.

Contractor

5.14 Staging Areas. Permittee shall confine all Project -related parking, storage areas, laydown sites, equipment storage, and any other surface- disturbing activities to the Project Area using, to the extent possible, previously disturbed areas. Additionally, Permittee shall not use or cross Covered Species' habitat outside of the marked Project Area unless provided for as described in Condition of Approval 5.13 of this ITP.

Contractor

5.15 Hazardous Waste. Permittee shall immediately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so. Permittee shall exclude the storage and handling of hazardous materials from the Project Area and shall properly contain and dispose of any unused or leftover hazardous products off-site.

Contractor

5.16 CDFW Access. Permittee shall provide CDFW staff with reasonable access to the Project and mitigation lands under Permittee control, and shall otherwise fully cooperate with CDFW efforts to verify compliance with or effectiveness of mitigation measures set forth in this ITP.

Contractor

5.17 Refuse Removal. Upon completion of Covered Activities, Permittee shall remove from the Project Area and properly dispose of all temporary fill and construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

Contractor
Monitoring, Notification and Reporting Provisions
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No. Condition Responsible

6.1 Notification Before Commencement. The Designated Representative shall notify CDFW 14 calendar days before starting Covered Activities and shall document compliance with all pre- Project Conditions of Approval before starting Covered Activities.

City

6.2 Notification of Non -compliance. The Designated Representative shall immediately notify CDFW if the Permittee is not in compliance with any Condition of Approval of this ITP, including but not limited to any actual or anticipated failure to implement measures within the time periods indicated in this ITP and/or the MMRP. The Designated Representative shall follow up within 24 hours with a written report to CDFW describing, in detail, any non- compliance with this ITP and suggested measures to remedy the situation.

UEI Biologist

6.3 Compliance Monitoring. The Designated Biologist shall be on -site daily, unless otherwise approved by CDFW in writing, when Covered Activities occur. The Designated Biologist shall conduct compliance inspections at a minimum of every 14 days during periods of inactivity and after clearing, grubbing, and grading are completed. The Designated Biologist shall conduct compliance inspections to:

(1) minimize incidental take of the Covered Species;
(2) prevent unlawful take of species;
(3) check for compliance with all measures of this ITP; (4) check all exclusion zones; and
(5) ensure that signs, stakes, and fencing are intact, and that Covered Activities are only occurring in the Project Area.

The Designated Representative or Designated Biologist shall prepare daily written observation and inspection records summarizing oversight activities and compliance inspections, observations of Covered Species and their sign, survey results, and monitoring activities required by this ITP.

UEI Biologist

6.4 Monthly Compliance Report. The Designated Representative or Designated Biologist shall compile the observation and inspection records identified in Condition of Approval 6.3 into a Monthly Compliance Report and submit it to CDFW along with a copy of the MMRP table with notes showing the current implementation status of each mitigation measure.

Monthly Compliance Reports shall be submitted to the CDFW offices listed in the Notices section of this ITP and via e- mail to CDFW's Regional Representative and Headquarters CESA Program. At the time of this ITP's approval, the CDFW Regional Representative is Lisa Cardoso ([email protected]) and Headquarters CESA Program email is [email protected]. CDFW may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If CDFW determines the reporting schedule must be changed, CDFW will notify Permittee in writing of the new reporting schedule.

UEI Biologist

6.5 Annual Status Report. Permittee shall provide CDFW with an Annual Status Report (ASR) no later than January 31 of every year beginning with issuance of this ITP and continuing until CDFW accepts the Final Mitigation Report identified below. Each ASR shall include, at a minimum: (1) a summary of all Monthly Compliance Reports for that year identified in Condition of UEI Biologist
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Approval 6.4; (2) a general description of the status of the Project Area and Covered Activities, including actual or projected completion dates, if known; (3) a copy of the table in the MMRP with notes showing the current implementation status of each mitigation measure; (4) an assessment of the effectiveness of each completed or partially completed mitigation measure in avoiding, minimizing and mitigating Project impacts; (5) all available information about Project-related incidental take of the Covered Species; (6) an accounting of the number of acres subject to both temporary and permanent disturbance, both for the prior calendar year, and a total since ITP issuance; and (7) information about other Project impacts on the Covered Species.

6.6 CNDDB Observations. The Designated Biologist shall submit all observations of Covered Species to CDFW's California Natural Diversity Database (CNDDB) within 60 calendar days of the observation and the Designated Biologist shall include copies of the submitted forms with the next Monthly Compliance Report or ASR, whichever is submitted first relative to the observation.

UEI Biologist

6.7 Final Mitigation Report. No later than 45 days after completion of all mitigation measures, Permittee shall provide CDFW with a Final Mitigation Report. The Designated Biologist shall prepare the Final Mitigation Report which shall include, at a minimum: (1) a summary of all Monthly Compliance Reports and all ASRs; (2) a copy of the table in the MMRP with notes showing when each of the mitigation measures was implemented; (3) all available information about Project-related incidental take of the Covered Species; (4) information about other Project impacts on the Covered Species; (5) beginning and ending dates of Covered Activities; (6) an assessment of the effectiveness of this ITP's Conditions of Approval in minimizing and fully mitigating Project impacts of the taking on Covered Species; (7) recommendations on how mitigation measures might be changed to more effectively minimize take and mitigate the impacts of future projects on the Covered Species; and (8) any other pertinent information.

UEI Biologist

6.8 Notification of Take or Injury. If a Covered Species carcass is found, Permittee shall notify the CDFW Regional Representative and Krysta Rogers ([email protected]) at the CDFW Wildlife Health Laboratory via email within 24 hours of the carcass discovery. The Designated Biolo gist or Designated Representative shall collect the carcass and place it in a clean, sealed, plastic bag with a specimen label, and temporarily store in a freezer.

The Designated Biologist or Designated Representative shall obtain packing and transportation or shipping instructions from the Wildlife Health Laboratory and deliver the specimen within 60 days of discovery to the address below: CDFW Wildlife Health Laboratory Avian Investigations Attention: Krysta Rogers 1701 Nimbus Road, Suite D Rancho Cordova, CA 95670. If a Covered Species individual is found injured, the Designated Biologist shall immediately notify the CDFW Regional Representative at [email protected] or [email protected] and by phone at (909) 484- 0167 and shall transport the injured individual to a CDFW - approved wildlife rehabilitation center or veterinary facility. The initial notification to CDFW shall include information regarding the location, species, number of animals taken or injured, and if injured, the facility to UEI Biologist
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which the individual was transported. Following initial notification, Permittee shall send the CDFW Regional Representative a written report within two calendar days . The report shall include the common and scientific name, date and time of the finding or incident, geo -referenced location of the animal or carcass (Project name, County, GPS location, and GPS datum), sex (if known), life stage/age class (if known), observer name and contact information, ITP number (2081-2025-064-06), a photograph (if possible), explanation as to cause of take or injury, and any other pertinent information. The Designated Biologist or Designated Representative shall provide weekly updates on the status of the rehabilitation facility's treatment of the individual. If nestling(s) or egg(s) are abandoned, the Designated Biologist shall recover the nestling(s) and or egg(s) and immediately take it/them to a CDFW -approved wildlife rehabilitatio n or veterinary facility. Permittee shall bear any cost associated with care and recovery of any injured Covered Species adults, nestling(s), or egg(s) and with hacking (controlled release of captive reared young), and shall follow the notification and reporting requirements described above. minimization of incidental take of Covered Species in the Project Area during Covered Activities. Permittee shall implement and adhere to the following conditions to minimize take of Covered Species:

Take Minimization Measures

7.1 Burrowing Owl Mortality Reduction Plan and Exclusion. Prior to beginning the Covered Activities or as otherwise approved by CDFW, and prior to commencing Covered Species burrow exclusion, burrow excavation, artificial burrow construction, and other relocation activities (collectively termed Burrowing Owl Excl usion Activities), the Permittee shall submit to CDFW a Burrowing Owl Mortality Reduction Plan prepared by an approved Designated Biologist. Burrowing Owl Exclusion Activities shall not proceed until this plan has been approved in writing by CDFW. The Burr owing Owl Mortality Reduction Plan shall include, but not be limited to: a detailed description of survey methodology; preliminary burrow mapping results based on the non-breeding and breeding surveys suggested by the 2012 Staff Report; detailed burrow exclusion and excavation methods; proposed Covered Activities that may be performed within Covered Species avoidance buffers; identification of a wildlife rehabilitation center or veterinary facility capable of and willing to treat injured Covered Species individuals or care for at -risk Covered Species individuals, Covered Species eggs, and/or Covered Species chicks; and procedure for collection and storage of Covered Species carcasses. Only CDFW-approved Designated Biologists or personnel following directions from, and under the supervision of, a CDFW -approved Designated Biologist, are authorized to handle and transport injured Covered Species individuals for treatment or impacted Covered Species eggs for salvage. Once the Burrowing Owl Mortality Reduction Plan is approved in writing by CDFW, it shall be used for the duration of this ITP unless updated by CDFW to reflect best available science and/or to update mitigation and conservation strategies, in which case CDFW will contact the Permittee to discuss needed updates. Any Permittee- proposed changes to the Burrowing Owl Mortality Reduction Plan shall be submitted, in writing, UEI Biologist
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to CDFW and approved by CDFW in writing prior to the implementation of any proposed modifications.

7.2 Burrow Complex Map. Prior to the beginning of Covered Activities, or as otherwise approved by CDFW, the Designated Biologist(s) shall provide to CDFW a KMZ map of the Covered Species burrow complex(es) and atypical burrows (e.g., culverts, buckled concrete, etc.). The map shall be at a scale of 1:24,000 or finer to show details. The map shall show locations of all Covered Species sightings and potential burr ows, occupied burrows, satellite burrows, areas of concentrated burrows, and Covered Species sign.

Locations documented by use of GPS coordinates must be collected in NAD83 datum. The map shall include an outline of the Project Area. The map shall include a title, north arrow, scale bar, and legend. If a lapse in Project- related work of 14 calendar days or longer occurs , the Permittee shall contact the CDFW Regional Representative by phone or email and may be required to provide an updated Burrow Complex Map before work may be reinitiated.

UEI Biologist

7.3 Pre-Construction Surveys. Prior to the initiation of pre -construction surveys, or as otherwise approved by CDFW, the Designated Biologist(s) shall submit to CDFW for review and approval the survey methods and map of survey area including any transects (linear or meandering) that ca n be reproduced. No more than 14 days prior to beginning Covered Activities, or as otherwise approved by CDFW, the Designated Biologist(s) shall conduct at least two pre- construction surveys at least seven days apart, with the final survey conducted no more than 48 hours prior to beginning Covered Activities . Surveys shall be conducted using the methods described in the CDFW Staff Report on Burrowing Owl Mitigation, Appendix D (2012) or other appropriate method if agreed upon in writing by CDFW. The Designated Biologist(s) shall submit the results of the pre- construction surveys, pre- construction survey methods, and include an updated Burrow Complex Map showing any new or atypical potential Covered Species burrows or any burrows/refugia that may be utilized by the Covered Species to CDFW for approval prior to beginning Covered Activities.

If changes in Covered Species presence are detected (e.g., Covered Species have moved onsite or changed burrow use), the Designated Biologist(s) shall contact the CDFW Regional Representative by phone or email within 24 hours of the observation to consult on appropriate measures to avoid or minimize impacts of the Project to the Covered Species and the Designated Biologist shall establish buffers as required in this Permit. If a lapse in Project-related work of 14 calendar days or longer occurs , the Permittee shall contact the CDFW Regional Representative by phone or email and may be required to conduct additional surveys before work may be reinitiated using the same survey methods utilized for the initial pre- construction survey.

UEI Biologist

7.4 Predator Attractions. The Permittee shall avoid attracting predators of the Covered Species within 150 meters of any occupied burrow complex.

Predator attractions can include, but are not limited to, tall structures that could be used as perches for hawks and eagles (e.g., camera traps, fencing, stakes, etc.). Any necessary materials potentially attracting predators shall be modified to discourage perching.

Contractor/UEI
Biologist
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7.5 Covered Species Daily Monitoring. The Designated Biologist(s) shall be present each day during Covered Activities to monitor the behavior of the Covered Species, or as otherwise approved by CDFW in writing. If a burrow is assumed to be occupied (based on pre- construction surveys), a trail camera shall be used to monitor the burrow. Cameras should be checked weekly and the Designated Biologist(s) shall share a summary of findings each month with CDFW. If two Covered Species individuals begin to share a burrow, the Designated Biologist(s) shall immediately notify CDFW. If changes in Covered Species presence are detected (e.g., Covered Species have moved onsite or changed burrow use), the Designated Biologist(s) shall contact the CDFW Regional Representative by phone or email within 24 hours of the observation to consult on appropriate measures to avoid or minimize impacts of the Project to the Covered Species and the Designated Biologist shall establish buffers as required in this Permit. The Designated Biologist(s) shall notify CDFW immediately and shall have the authority to stop work if Covered Species individuals exhibit distress and/or abnormal behavior (e.g., excessive vocalizations, defensive flights at intruders, flushing frequently, or other agitated behavior). The Permittee shall not resume Covered Activities until the Designated Biologist(s) has consulted with CDFW and both the Designated Biologist(s) and CDFW confirm that the Covered Species' behavior has normalized. CDFW, in consultation with the Designated Biologist(s), shall determine whether to increase the size of the no-disturbance buffer zones described below.

UEI Biologist

7.6 No Disturbance Buffer Zones. The Permittee shall limit the materials necessary to mark the no -disturbance buffer to that which is necessary for identification of the site. The Permittee shall delineate the no -disturbance buffer with different materials than those used to delineate the Project Area.

The Permittee shall remove and properly dispose of all materials used for delineation immediately upon completion of the Project. For any potential Covered Species burrows that remain onsite after the implementation of the Burrowing Owl Mortality and Reduction Plan, the Permittee shall establish no-disturbance buffer zones around potential, known (including roosting and satellite burrows), and nesting Covered Species burrows according to the following guidelines:

7.6.1. Potential Unoccupied Burrow. If a potential Covered Species burrow (any subterranean hole three inches or larger for which no evidence is present to conclude that the burrow is being used or was used in the past by a Covered Species individual) is discovered, the Permittee shall establish a minimum 50-foot no disturbance buffer around the burrow.

The Permittee shall use their best professional judgement to confirm vacancy and proceed with the guidelines in the Burrowing Owl Mortality and Reduction Plan.

7.6.2. Occupied Burrow. If a known Covered Species burrow (a burrow that is known to have been used or shows evidence of current or past use) or an "atypical" burrow (e.g., a pipe, culvert, buckled concrete, etc.) showing signs of occupancy (e.g. Covered Species presence, whitewash, pellets, prey remains, etc.) is discovered, the Permittee shall establish a minimum no-disturbance buffer of at least 250 feet around the burrow.

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7.6.2.1. Notwithstanding the above requirement, a no disturbance buffer of at least 500 feet shall be established around known Covered Species burrows currently occupied by the Covered Species during the nesting season (typically the beginning of the year to late summer in Southern California).

7.6.2.2. Notwithstanding the above requirements, if an active Covered Species nest burrow (e.g. known Covered Species burrow with indications of paired Covered Species during the breeding season, the presence of eggs, chicks, dependent young, and/or brooding or egg incubation) is discovered within or
immediately adjacent to the Project Area, the Permittee shall notify CDFW's Regional Representative immediately through email. A no disturbance buffer of at least 650 feet shall be established around the nest burrow.

If Covered Species individuals are visibly stressed by the Covered Activities or workers in the vicinity after these no-disturbance buffers are established, all work in the vicinity shall immediately cease and increased no - disturbance buffers will be determined by the Designated Biologist(s) based on their behavioral observations of the affected Covered Species.

If direct impacts to Covered Species individuals cannot be avoided, the Designated Biologist(s) shall contact the CDFW representative to discuss potential relocation/translocation methods (Condition of Approval 7.8).

The buffers prescribed above shall not be reduced or otherwise modified without the prior written approval of CDFW. If the Designated Biologist(s) determine(s) that specific Covered Activities are not likely to affect Covered Species individuals using known or nesting Covered Species burrows due to the nature of the specific Covered Activities and/or due to objects or topography that might reduce potential noise disturbance or obstruct view of the Covered Activities from the nest, then the Designated Biologist(s) may email a written request to CDFW to reduce the buffer distance, along with documented observational data (Buffer Reduction Request). CDFW will review each Buffer Reduction Request on a case-by-case basis and provide a determination in response to each Buffer Reduction Request in writing.

CDFW may request additional and/or ongoing biological monitoring prior to approving a Buffer Reduction Request. Written approval from CDFW is required before a buffer distance may be reduced to allow for Covered Activities to occur.

7.7 Entrapment Inspections. Any pipes, culverts, burrow exclusion installations, or similar structures with a diameter greater than 11 centimeters shall be inspected for Covered Species individuals and eggs by the Authorized Biologist(s) and/or Biological Monitor(s) before the material is moved, buried, or capped. The Authorized Biologist(s) and/or Biological Monitor(s) shall inspect all open holes and trenches within Covered Species habitat at a minimum of twice a day and just prior to backfilling. At the end of each workday , the Permittee shall place an escape ramp at each end of UEI Biologist
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trenches to allow any animals that may have become trapped in the trench to climb out overnight. The ramp may be constructed of dirt fill, wood planking, or other suitable material that is placed at an angle no greater than 30 degrees. If any worker discovers that a Covered Species individual has become trapped, they shall halt Covered Activities and notify the Biological Monitor(s) and/or Authorized Biologist(s) immediately. Project workers and the Biological Monitor(s) and/or Authorized Biologist(s) shall allow the Covered Species to escape unimpeded if possible, or an Authorized Biologist(s) approved under Condition of Approval 5.2 of this ITP shall move the Covered Species out of harm's way before allowing work to continue.

7.8 Covered Species Active Translocation Plan. If direct impacts to Covered Species individuals cannot be avoided and adjacent suitable habitat is unavailable, the Permittee shall develop a Translocation Plan. The Translocation Plan shall be developed based on Conditions of Approval 7.9,

7.10, 7.11, an d 7.12 and shall at a minimum include: (1) spatial maps of Covered Species burrows within the Project Area and adjacent 100 foot buffer (KMZ format); (2) map and habitat quality of proposed receiver site(s), including any existing features that are beneficial to the Covered Species (KMZ format); (3) methods for capturing and handling Covered Species individuals; (4) a summary of the behavior of the Covered Species individuals onsite that are proposed for translocation, including a pellet analysis to inform a suitable relocation area; (5) installing and implementing artificial conspecific signs/cues at the receiver site such as play back calls and artificial whitewash; (6) a map of proposed locations of artificial burrows and satellite burrows upon the receiver site (KMZ format); (7) method in which the Covered Species individuals will be released; (8) the design, maintenance and monitoring of artificial burrows; (9) design, maintenance, and monitoring of hacking cages; (10) translocation supplemental feeding; (11) translocation monitoring; (12) and any other details related to translocation. A Property Analysis Record (PAR) or PAR - like analysis shall be included to cover long -term management and procurement of materials. The PAR shall be developed by the Permittee and receiver site land manager. The Designated Biologist(s) shall submit to CDFW for review and approval a Translocation Plan no more than 30 days prior to beginning any Covered Activity (including exclusionary fence installation), or as otherwise approved by CDFW. Translocation of Covered Species individuals shall not occur except in accordance with a Translocation Plan approved in advance, in writing, by CDFW.

UEI Biologist

7.9 Pre-Translocation Monitoring. If translocation is deemed necessary by CDFW, the Designated Biologist(s) shall monitor the Covered Species daily prior to translocation. Cellular trail cameras shall be placed at the entrance of the occupied burrow to assist with monitoring efforts. SD trail cameras shall be replaced by cellular trail cameras at occupied burrow sites to minimize disturbance to the Covered Species and to provide behavioral data in real time. If translocation is to occur near or during the breeding season, bi-weekly updates shall be sent to CDFW until Covered Species individuals show signs of courting behavior or begin to pair. At this point, the Designated Biologist(s) shall send CDFW daily updates including, at a minimum: (1) a summary of changes in Covered Species' behavio r (agitated, shy, normal, UEI Biologist
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etc.); (2) the appearance of Covered Species individuals (changes in feather color, signs of brood patches, etc.); and (3) any signs of courtship displays (delivery of prey and nest adornments, preening, back standing -mounting, territory defense, copulations). The Designated Biologist(s) shall also immediately notify CDFW if any new individuals appear at the Project site during pre-translocation monitoring.

7.9.1. Paired Covered Species. Paired Covered Species individuals shall be carefully monitored and observed to estimate the status of nesting activity. Upon observation of the absence of a Covered Species individual for three or more days, the Designated Biologist(s) shall notify CDFW immediately. Any proposed trapping and handling activities (Condition of Approval 7.10) shall not proceed until written guidance is received from CDFW.

7.10 Covered Species Trapping and Handling. If translocation is deemed necessary by CDFW, a permitted Designated Biologist(s) shall use the capture and handling methods described in the CDFW -approved Translocation Plan. Captured Covered Species individuals shall be handled and transported in a manner that minimizes stress. Capture efforts and handling shall at a minimum include the following:

7.10.1. Trapping and Monitoring. The Designated Biologist(s) shall conduct Covered Species trapping within the Project Area in areas which direct impacts to individuals cannot be avoided. Covered Species burrows which were trapped shall be monitored for at least 48 hours post - trapping to ensure there are no remaining individuals.

7.10.2. Banding. Captured Covered Species individuals shall be banded with United States Geological Survey leg bands and a unique Visual Identification band on the opposite leg.

7.10.3. Data Collection. The Designated Biologist(s) shall record captured Covered Species individuals' approximate age, sex (if possible), reproductive status (any signs of eggs, brood patch, changes in feather color, etc.), weight, trap location, and overall condition. Summary of collected data and banding shall be provided to CDFW within 24 hours of capture.

7.10.4. Hold and Hacking Period. The Designated Biologist(s) shall implement a hold and hacking period according to the CDFW -approved Translocation Plan unless otherwise approved by CDFW in writing.

UEI Biologist

7.11 Burrow Excavation and Monitoring. The Permittee shall avoid destroying any known or potential Covered Species burrows unless they are in an area of direct ground disturbance (e.g., grading areas, excavation areas) or their location poses a risk of direct harm to Covered Species individuals. If an active nest is present or suspected (e.g. an individual has not been seen for three or more days, the presence of eggs, chicks, dependent young, and/or brooding or egg incubation), the Permittee shall not excavate active Covered Species burrows and shall immediately notify and consult with CDFW. After UEI Biologist
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Covered Species individuals are excluded from burrows according to the Burrowing Owl Mortality Reduction Plan, the Designated Biologist(s) shall monitor said burrows with tracking medium or an infra-red camera(s), or as otherwise approved by CDFW, for a minimum of 48 hours. The Designated Biologist(s) shall excavate potential or known Covered Species burrows that cannot be avoided according to the Burrowing Owl Mortality Reduction Plan, only after the Designated Biologist(s) has/have determined that no Covered Species individuals are present throughout that 48 -hour period. Burrow excavation shall be accomplished by careful hand excavation of the entire length of the burrow until it is certain no individuals are inside. Burrows shall then be filled with soil and compacted to ensure that Covered Species individual cannot reenter or use the burrow during Covered Activities. If the excavation process reveals Covered Species eggs, young, or adults, then burrow excavation shall cease immediately. The Permittee shall contact the CDFW Regional Representative by phone or email immediately and obtain written guidance if a Covered Species individual is discovered during excavation.

7.12 Post-Translocation Monitoring. If translocation is implemented, the Designated Biologist shall monitor translocated Covered Species individuals and their offspring, if any, at the receiver site for 36 months following translocation. Monitoring will be conducted through the first three breeding seasons immediately following release. Monitoring will be conducted twice per week until the first nesting season is complete and weekly updates shall be sent to CDFW. Monitoring after the first nesting season will be conducted once per month for the first year. Cameras will be used to monitor activity to minimize the number of visits and disturbance at the release site. Monitoring will also vary depending on presence and number of Covered Species individuals onsite. Camera images will be obtained and analyzed monthly, and results shall be shared with CDFW monthly for the first year. Activities that shall be monitored, at a minimum, include foraging composition, artificial burrow use, frequency of burrow emergence, predator presence, human encroachment, and signs of disease, injury, and stress. All adults and nestlings produced in the artificial burrows and starter burrows related to this project will be banded by the Designated Biologist(s) each year throughout the three -year monitoring term. Annual status reports shall be submitted to CDFW for the first three years. Annual status reports shall include at a minimum, monitored activities, raw GPS data if tracking devices are used, injury or mortality events, predator management, trespassing management, and trail camera data. If the translocated Covered Species individuals do not remain at the receiver site, CDFW shall be notified and shall determine whether and what further management efforts are required.

UEI Biologist

7.13 Receiver Site -Long-Term Management. If translocation is deemed necessary by CDFW, the Permittee shall submit a long -term management plan for the receiver site to CDFW for review and approval. This plan must include at a minimum: (1) long -term management, maintenance and repair of any artificial burrows; (2) vegetation management and maintenance; (3) predator management; (4) adaptive management for care of sick or injured Covered Species individuals; (5) Covered Species surveys; (6) fence maintenance and trespass management; and (7) adaptive management. The City/UEI
Biologist
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Permittee shall establish an endowment based on the PAR or PAR -like analysis as required in Condition of Approval 7.8 (Covered Species Translocation Plan) for the perpetual management of the receiver site.

CDFW must approve the long-term management plan for the receiver site in writing prior to the relocation/translocation of any Covered Species individuals to the receiver site.

7.14 Artificial Nighttime Lighting. Throughout construction and the lifetime operations of the Project, the Permittee shall eliminate all nonessential lighting throughout the Project Area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The Permittee shall ensure that all lighting for the Project is fully shielded, cast downward, and directed away from surrounding open- space and agricultural areas, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark- Sky Association standards at http://darksky.org). The Permittee shall ensure use of LED lighting with a correlated color temp erature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.

Contractor

7.15 Covered Species Injury. If a Covered Species is injured as a result of Project- related activities, the Designated Biologist shall immediately take it to a CDFW approved wildlife rehabilitation or veterinary facility. Permittee shall identify the facility before starting Covered Activities. Permittee shall bear any costs asso ciated with the care or treatment of such injured Covered Species. The Permittee shall notify CDFW of the injury to the Covered Species immediately by telephone and e- mail followed by a written incident report as described in Condition 6.8. Notification shall include the name of the facility where the animal was taken. perpetual management of compensatory habitat is necessary and required pursuant to CESA to fully mitigate Project-related impacts of the taking on the Covered Species that will result from im
plementation of the Covered Activities. This
determination is based on factors including an assessment of the importance of the habitat in the Project Area, the extent to which the Covered Activities will impact the habitat, and CDFW's estimate of the protected acreage required to provide for adequate compensation. To meet this requirement, the Permittee shall: provide for both the permanent protection and management of 67.82 acres of Habitat Management (HM) lands pursuant to Condition of Approval 8.2 below and the calculation and deposit of the management funds pursuant to Condition of Approval 8.3 below. Permanent protection and funding for perpetual management of HM lands must be complete before starting Covered Activities, or within 18 months of the effective date of this ITP if Security is provided pursuant to Condition of Approval 9 below for all uncompleted obligations.

UEI Biologist
Habitat Management Land Acquisition

8.0 Items in this section were not included because they are expected to be updated after the ITP Amendment is submitted to CDFW.

The ITP Amendment is Task 5 above.

City/
UEI Biologist

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MAJOR TASK 7.0: PROJECT MANAGEMENT AND COORDINATION
To ensure effective communication between UltraSystems, the City of Fontana, and the permitting agencies, monthly coordination meetings and additional meetings for the ITP Amendment via Teams have been budgeted. A total of 30 meetings are included. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client and CDFW for their review, prior to the meeting date.

Additional meetings beyond the number indicated would be compensated for in accordance with the terms and conditions contained in our Standard Rate Schedule.

This task also includes general project management and coordination activities required to make sure these tasks are completed sufficiently and successfully. UltraSystems will be available throughout the term of this work effort to respond to any requests for input concerning various aspects of the above tasks.

PROJECT ASSUMPTIONS
Construction within each segment would proceed in six phases, demolition, site preparation, grading, trenching, paving, and architectural coating, as shown in Table 1. Construction is expected to start in March 1, 2027, take approximately 22 months, and be completed December 14, 2028 (within the terms of the RAISE Grant). Table 1 provides a list of construction phases and estimated schedule/duration and number of days of each construction phase. Pre-construction surveys and monitoring tasks are based only on the Demolition, Site Preparation, Grading, and Trenching phases.

Table 1

CONSTRUCTION PHASING AND SCHEDULE
Construction Phase Start date End date Duration
in days
SEGMENT A: Cherry Avenue Between Baseline Avenue and Walnut Street Demolition 3/1/2027 3/6/2027 5
Site Preparation 4/6/2027 4/10/2027 4
Grading 5/6/2027 6/18/2027 43
Trenching 1/23/2028 3/1/2028 38
Paving 9/11/2028 9/20/2028 9
Architectural Coating 11/10/2028 11/15/2028 5
SEGMENT B: Cherry Avenue Between Walnut Street and South Highland Avenue Demolition 3/10/2027 3/15/2027 5
Site Preparation 4/13/2027 4/17/2027 4
Grading 7/10/2027 8/22/2027 43
Trenching 3/21/2028 4/28/2028 38
Paving 9/26/2028 10/5/2028 9
Architectural Coating 11/19/2028 11/24/2028 5
SEGMENT C: Cherry Avenue Between Highland Avenue and North Frontage Road 100
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Construction Phase Start date End date Duration
in days
Demolition 3/19/2027 3/24/2027 5
Site Preparation 4/21/2027 4/25/2027 4
Grading 9/14/2027 10/27/2027 43
Trenching 5/18/2028 6/25/2028 38
Paving 10/11/2028 10/20/2028 9
Architectural Coating 11/28/2028 12/3/2028 5
SEGMENT D: Victoria Street Between east of the existing Etiwanda Creek Channel and Cherry Avenue
Demolition 3/28/2027 4/2/2027 5
Site Preparation 4/28/2027 5/2/2027 4
Grading 11/18/2027 12/31/2027 43
Trenching 7/15/2028 8/22/2028 38
Paving 10/26/2028 11/4/2028 9
Architectural Coating 12/9/2028 12/14/2028 5
Source: Estimated by UltraSystems Environmental Inc. (UltraSystems) based on data from CalEEMod (Version 2022.1.1.23) (CAPCOA, 2022).
• If field work is interrupted by weather or other circumstances beyond control, additional survey dates and travel costs may be incurred. The estimated costs provided in this proposal reflect a standard project without delays. The Client agrees to fulfill data needs requests in a timely fashion.
• Changes in the project description, project boundary, and project footprint (design) could trigger additional analyses, calculations, resubmittals and/or revisions to the report and/or figures. These additional actions will be billed on a time and materials basis, or a change order/proposal will be required.
• CDFW requires that special status species identified onsite or in the BSA must be reported to the California Natural Diversity Database (CNDDB) for informational and permitting purposes. • Mileage rate is based on the current 2026 IRS mileage rate of $0.76 per mile. Assumes 1 hour of travel time per day max for monitoring.
• Construction monitoring would last 22 months, plus additional time is required for pre - construction surveys .

101
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Page 40 ends

COSTS
Costs will be on a Time and Materials, not to exceed basis. Table 2 below summarizes the estimated costs for the tasks discussed above.

TABLE 2

COST ESTIMATE SUMMARY
Tasks Description Cost

1.0 MITIGATION STRATEGY DEVELOPMENT & CDFW CONSULTATION (ALREADY COMPLETED)

1.1 Comparison of Habitat Mitigation Scenarios $4,230

1.2 Preparation of Talking Points for the City’s Meeting with CDFW $4,950

1.3 CDFW Consultation – Preview and Final Approved ITP $2,550

1.4 Habitat Mitigation Land and Receiver Site Research $3,160

1.5 ITP BUOW Mitigation Coordination $2,910
Subtotal – Task 1 $17,800

2.0 BUOW SURVEYS/HABITAT QUALITY ASSESSMENT OVERAGES & OUT

OF SCOPE TASKS (MOSTLY COMPLETED)

2.1 Burrowing Owl (BUOW) Surveys — overage hours $19,120

2.2 Burrow Survey and Burrow Map — overage hours $7,245

2.3 BUOW Habitat Quality Analysis and Mapping — overage hours $3,237

2.4 Draft BUOW Survey Report — overage hours $3,300

2.5 Final BUOW Survey Report — overage hours $2,260

2.6 Project Management & Coordination — overage hours $4,773

2.7 Field Camera Deployment, Photo Review & Data Logging (new, additional scope) $29,545
Subtotal – Task 2 $69,480

3.0 Crotch’s Bumble Bee (CBB) Surveys and Report

3.1 Crotch’s Bumble Bee (CBB) Surveys $7,570

3.2 CBB Survey Report $4,060
Subtotal – Task 3 $11,630

1.0 San Bernardino Kangaroo Rat (SBKR) Survey and Report.

4.1 Protocol San Bernardino Kangaroo Rat (SBKR) Surveys. 11,320

4.2 Protocol SBKR Survey Report 7,150
Subtotal – Task 4 $18,470

5.0 Incidental Take Permit Amendment Application

5.1 Incidental Take Permit Amendment Application $19,810

5.2 CDFW Consultation–Amendment Development $8,740
Subtotal – Task 5 $28,550

6.0 REGULATORY REQUIREMENTS OF CDFW/LSAA, RWQCB/WDR, AND

CDFW ITP

CDFW - SAA

1.5-1.7 Administrative Measures $0

2.1-2.5 Avoidance and Minimization Measures - General Biological Compliance $1,370 102
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Page 41 ends

Tasks Description Cost

2.7-2.7.7 Nesting Bird Protection (covered in 7.1-7.15) $0

2.8-2.8.6 Burrowing Owl Protection (covered in 7.1-7.15) $0

2.9-2.20 Special-Status Species Surveys and Avoidance $1,890

2.22.3 In-Water Work and Dewatering $0

2.23-2.25 Construction BMPs, Invasive Species, Equipment, Pollution, and Trash

$3,540

3.2 Compensatory Measures $1,380

4.1-4.6 Reporting Measures $8,740
CDFW SAA Subtotal $16,920

RWQCB - WDR
C.4-C.6 Restoration and Compensatory Mitigation $0
D.2, D.7-

Best Management Practices and Post-Construction Monitoring $13,630 E.1-E.3 Reporting $5,940
RWQCB - WDR Subtotal $19,570

CDFW - ITP

5.2-5.12 General Provisions $2,610

6.2-6.8 Monitoring, Notification and Reporting Provisions $21,280

7.1-7.15 Take Minimization Measures $295,460
CDFW ITP Subtotal $319,350
Subtotal – Task 6 $355,840

7.0 PROJECT MANAGEMENT AND COORDINATION

7.1 Project Management and Coordination (CBB/SBKR) $4,920

7.2 Project Management and Coordination (ITP Amendment) $5,950

7.3 Monthly Coordination & Pre -construction Meetings via Teams (30

$10,660
Subtotal – Task 7 $21,530
TOTAL — ALL TASKS (1.0–7.0) $523,300
• NOTE ON PERMIT JURISDICTION (updated 07/31/26): Confirmed via the signed LSAA agreement (EPIMS-SBR-58314-R6) that the permitted project is limited to installing one culvert where the Victoria Street alignment crosses Old San Sevaine Channel (0.37-ac temporary / 0.40-ac permanent impact), plus a 500-ft buffer (27.74 acres per the JD Impact 500ft Buffer map) — a small portion of the alignment, not the full 4-segment corridor. The CDFW ITP covers the ENTIRE project alignment, since burrowing owls may occupy any segment. Costs driven by the whole-alignment need — daily biological monitoring and burrowing owl focused surveys — are billed under the CDFW ITP (7.1-7.15), not LSAA. In addition, the multi-species reconnaissance survey (covering small mammals, amphibians, plants, least Bell's vireo, and Crotch's bumble bee — species the ITP does not regulate) has been resized from 4 segments down to a single visit covering the LSAA-jurisdictional footprint only, consistent with the agreement's own project description.. • NOTE ON CROSS-PERMIT CONSOLIDATION: The line items above are billed once even though several activities satisfy obligations under two or three permits simultaneously — the same field visit or deliverable is not charged separately to each permit. Combined items: (1) Designated Biologist submittal — CDFW ITP 5.2 + LSAA 2.1, counted under “2.1-2.5 Avoidance and Minimization Measures”; (2) Worker Environmental Awareness Program (WEAP) — CDFW ITP 5.4 + LSAA 2.23, counted under “2.23-2.25 Construction BMPs”; (3) CNDDB notification — LSAA 4.5 + CDFW ITP 6.6, counted under “4.1-4.6 Reporting Measures”; (4) Burrowing Owl Mortality Reduction Plan — CDFW ITP 7.1 + LSAA 2.8.5, counted under “7.1-7.15 Take Minimization Measures”; (5) Daily biological monitoring and burrowing owl focused surveys — CDFW ITP 7.5/7.7/7.3 + LSAA 2.17/2.19/2.8.2/2.8.3/2.8.4/2.13 + RWQCB D.2, counted under “7.1-7.15 Take Minimization Measures” (see the jurisdiction note above for why this moved to ITP). Corresponding line items under the other permit(s) show $0 for these specific conditions to avoid double-billing.

103
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Page 42 ends

ULTRASYSTEMS’ PROJECT MANAGER FOR THIS CONTRACT
Please call me at (949) 788 -4900, Ext. 2 27 or email at [email protected] , or Billye Breckenridge at (949) 505 -0945, or [email protected] if you have any questions.

Sincerely,

Betsy A. Lindsay, MURP
President/Chief Executive Officer
UltraSystems Environmental, Inc.

104

STANDARD TASK ORDER FORM

RVPUB\PKNOX\729481.1 (v8/22)

Consultant:

Date:

Proposal Bid No.:

Task Order #:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Estimated Start Date:

Estimated End Date
Dollar Amount of Task Order: Not to exceed $

Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s)

Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC Westgate Street Improvements (RAISE)
PL-25-28-SQ
53,370.00
37600042-630-A-8118
05/27/2026
6/1/26
N/A
Ultrasystems Environmental, Inc
Burrowing Owl field survey, report, and application for CDFW permit 12/31/27
37600042-245-A-8118
1 105711
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v8/22)

CITY OF FONTANA

By:

City Manager
(Required if Over $50,000)

By:

Deputy City Manager

Attest: 1
By:

By:

Department of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Finance

Purchasing Office

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

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC Ultrasystems Environmental, Inc
PL-25-28-SQ
106712

Corporate Office – Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
May 18, 2026
Project No: 7170B, Proposal #01(Revised)

Jeffrey Kim, Engineering Manager VIA EMAIL
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Subject: Proposal #01 for Focused Burrowing Owl Surveys (Breeding Season 2026) and Habitat Quality Analysis in support of the CDFW ITP Amendment for the Cherry/Victoria Infrastructure Project, Fontana, California

Dear Jeffrey:

UltraSystems Environmental Inc. (UltraSystems) is pleased to provide our proposal and cost estimate (Proposal #01 Revised) for add -on work relating to focused burrowing owl (BUOW) (Breeding Season, 2026) surveys and habitat quality assessment , requested by the California Department of Fish and Wildlife (CDFW), associated with the Incidental Take Permit (ITP) Amendment application that is underway, and other project management for the Cherry Avenue and Victoria Street Complete Streets Infrastructure Project (Infrastructure Project), in Fontana, California.

BACKGROUND
In response to ongoing ITP consultation meetings with CDFW, additional focused BUOW surveys are necessary to maintain current survey data for the 2026 breeding season and to obtain an up-to-date census of onsite BUOW activity. UltraSystems biologists conducted multiple rounds of non-breeding and breeding season surveys since 2022, and recent survey data is needed as part of this ITP process.

This Proposal #01 provides for four focused breeding season BUOW surveys, beginning in May 2026, in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation (Staff Report; CDFG, 2012), and with direction received from CDFW during the Infrastructure Project’s ITP amendment consultation process.

As some of the mitigation requirements of the Infrastructure Project’s ITP ( 2081-2025-064-06) would place a strain on the City of Fontana (City) to meet those requirements , the City and Intex consulted with CDFW to explore pathway s to reduce the financial cost associated with meeting mitigation requirements within the Infrastructure Project’s ITP. The CDFW suggested that the City submit an ITP amendment that would propose reduced project areas (e.g., staging areas) overlapping with quality BUOW habitat and re-evaluate the acreage of quality BUOW habitat within the project site. UltraSystems, the City, and Intex have initiated the consultation and coordination with CDFW to develop the Infrastructure Project’s ITP Amendment such that mitigation requirements may be reduced.

SCOPE OF WORK
The scope of work for this Proposal #01, is provided below.

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 107713
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026

Page 2 ends

TASK 1: BURROWING OWL SURVEYS AND REPORT S
Task 1 a: Breeding Season (15 February to 15 July) Burrowing Owl Surveys . UltraSystems’ biologists will conduct these surveys in accordance with the guidelines set forth by CDFW in the Staff Report. Surveys will be conducted by biologists who are familiar with BUOW habitat, natural history, ecology, behavior, and field identification of the species and BUOW sign.

Four BUOW surveys will be conducted during the BUOW breeding season because BUOWs are more detectable during that season. The first BUOW survey will be conducted in Ap ril 2026. Three additional surveys will be conducted at least three weeks apart between April 15 and July 15, 2026, with at least one survey occurring after June 15, 2026. The proposed survey schedule will entail four surveys starting as soon as possible, each scheduled at least three weeks apart, when feasible . All surveys will be conducted within the project boundary and a 165-foot buffer around the project site.

These survey results will be reported to the wildlife agencies to support and advance the ITP process.

Task 1 b: Burrow Survey Mapping. To meet CDFW’s ITP requirement for a burrow map, UltraSystems’ biologists will gather 2026 data on BUOW burrow distribution within the project site.

They will survey and document the locations of potential burrows (i.e., natural, and man-made that are suitable for BUOW occupancy), BUOW sightings, occupied burrows (i.e., burrows with BUOW or BUOW sign), satellite burrows, burrow complexes (i.e., areas of concentrated burrows), and BUOW sign. The locations will be documented us ing Global Positioning System (GPS) and will be collected in NAD83 datum in compliance with CDFW requirements. within the project site. The map shall include an outline of the project boundary, including the staging areas. The map shall be at a scale of 1:24,000 or finer to show details.

Deliverables
• One KMZ map and an electronic copy of the 2026 burrow survey map to the Client and CDFW.

Task 1c: Burrowing Owl Habitat Quality Analysis. UltraSystems’ biologists will develop and use a rubric for determining distinct levels of habitat quality. The highest level of BUOW habitat will be based on occupied BUOW habitat where BUOW or BUOW sign is observed during the 2026 focused or pre-construction BUOW surveys. For example, this highest level of BUOW habitat may include the area where occupied burrows are observed, including a buffer around that area to account for BUOWs in these areas using satellite burrows in the surrounding areas. Accordingly, the next highest level of BUOW habitat may be based on areas of high density of ground squirrel burrows where vegetation height is low and foraging and nesting conditions are optimal. Other levels of BUOW habitat may be rated on a descending level from optimal to marginal BUOW habitat. Areas containing soils that are highly compacted or paved, where BUOW are not expected to establish, such as paved, gravel-lined, or otherwise highly compacted soils, will not be considered BUOW habitat. Based on the habitat quality analysis, UltraSystems will provide CDFW with a KMZ and pdf map of the BUOW habitat map that shows the different tiers of BUOW habitat quality.

Deliverables
• One KMZ map and an electronic copy (pdf) of the BUOW habitat map, showing the tiered BUOW habitat quality levels, to the Client and CDFW.

Task 1d: Draft Burrowing Owl Survey Report. Following completion of the focused BUOW surveys by biologists, UltraSystems will finalize the existing focused BUOW survey report in accordance with Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 108714
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026

Page 3 ends

the guidelines described in the Staff Report. The report will : (1) summarize information regarding the BUOW’s natural history; (2) assess the habitat of the survey area and its suitability for the BUOW; (3) Record the location of suitable burrow s (natural and man -made) within the project site and a 165-foot buffer surrounding the project site. This data will be used to generate a burrow map as required within the Preview ITP that CDFW presented during the meeting on April 10, 2026 ; (4) describe the number, behavior, and location of any BUOWs detected during the surveys or assess the potential presence of BUOWs onsite ; (5) analyze the potential impacts to the BUOW from project development; and ( 6) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts to BUOWs.

The report will include: (1) methods and results of the literature review and field surveys; (2) one figure depicting the location of burrow s or burrow complex es within the project site and survey buffer, (3) figures depicting the location of BUOWs within the project site and survey buffer; and (4) site photographs.

Task 1e: Final Burrowing Owl Survey Report. The UltraSystems biological management team will conduct an internal review (QA/QC) of the BUOW survey report and submit to the Client. The draft with Client comments will go through a final series of responses to comments (RTC), revisions, and final formatting before a final electronic copy is submitted to the Client and CDFW. This task includes routine project management activities as needed. To support interactions between UltraSystems and Intex and/or the City, convey data and information, and to address and resolve outstanding issues as they arise throughout this work effort, one (1) progress meeting via Teams or Zoom has been budgeted. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client for their review, prior to the meeting date.

UltraSystems will be available throughout the term of this work effort to respond to any requests for input concerning various aspects of these surveys. Additional meetings beyond the number indicated would be compensated for in accordance with the terms and conditions contained in our Standard Rate Schedule.

Deliverables
• One electronic copy each of the draft/final focused BUOW survey report to the Client and CDFW.

TASK 2: PROJECT MANAGEMENT AND COORDINATION
UltraSystems management staff have conducted actions in support of successful implementation of agency and permitting mitigation requirements including participation in a Preview ITP meeting with CDFW to review a preliminary draft of the ITP, research and meetings with landowners and land managers regarding potential habitat mitigation lands and BUOW receiver sites, discussions with biologists authorized to trap and relocate BUOWs, and other research and coordination.

To ensure continued effective communication between UltraSystems, CDFW, Intex and/or the City, two (2) coordination meetings via Teams or Zoom have been budgeted. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client and CDFW for their review, prior to the meeting date.

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 109715
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026

Page 4 ends

ASSUMPTIONS
• Our biologists will conduct surveys within the project site and within a zone 150 feet out from the project limits; defined the Biological Study Area (BSA). Surveys will be conducted in accessible portions of the BSA that contain BUOW suitable habitat (nesting, foraging, wintering, and dispersal habitat). Inaccessible areas and areas of private land will be surveyed with binoculars/scopes only. Surveys will not extend beyond the BSA. • During the BUOW surveys, biologists will walk straight-line belt transects spaced no more than 20 meters apart to allow approximately 100 percent visual coverage of the survey area and examine entrances of potential burrows and suitable man-made structures for BUOWs and signs of BUOWs.
• Biologists will identify, record, and map with a global positioning system (GPS) unit BUOWs , occupied BUOW burrows and complexes, and potential BUOW signs during BUOW surveys.

Detailed notes and wildlife species encountered during the surveys will be recorded in field notes.
• If field work is interrupted by weather or other circumstances beyond control, additional survey dates and travel costs may be incurred. The estimated costs provided in this proposal reflect a standard project without delays. The Client agrees to fulfill d ata needs requests in a timely fashion.
• Changes in the project description, project boundary, and project footprint (design) could trigger additional analyses, calculations, resubmittals and/or revisions to the report and/or figures. These additional actions will be billed on a time and material s basis, or a change order/proposal will be required.
• If BUOWs or signs of BUOWs are observed during the surveys, the site will be considered occupied and the BUOWs may need to be relocated by an authorized biologist. UltraSystems will contact CDFW to assist in the development of avoidance, minimization, and mitigation measures, prior to commencing project activities. CDFW may request an additional Relocation and Exclusion plan, however, this report assumed that the BUOW ITP will be sufficient to serve to meet the relocation and exclusion requirements as well. If additional plans are required, a change order/proposal may be necessary.
• CDFW requires that special status species identified onsite or in the BSA must be reported to the California Natural Diversity Database (CNDDB) for informational and permitting purposes. • This proposal does not cover the following reporting and surveys that CDFW has indicated it may require as part of the final ITP: BUOW Mortality Reduction/Exclusion Plan , Burrow Excavation, Translocation Plan , other activities associated with monitoring, trapping, and translocating BUOWs.
• This proposal does not include pre-construction surveys for any species prior to construction. • This proposal does not include preparation of an ITP Amendment.

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 110716
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026

Page 5 ends

This proposal represents UltraSystems’ understanding of the proposed project and ITP survey needs at this time. Changes to the project design or scope will require a renegotiation of the approved scope of work. Similarly, additional out -of-scope requests m ade by the client or resource agencies will require a change order and/or will be billed on a time & materials basis.

COSTS
Costs will be on a fixed fee percent complete, not to exceed basis. Table 1, Cost by Task, specifies our proposed cost for the above scope of work.

TABLE 1
Cost by Task
Tasks Description Cost
1 Burrowing Owl (BUOW) Surveys and Report
1a Burrowing Owl (BUOW) Surveys $26,670
1b Burrow Survey and Burrow Map $6,200
1c BUOW Habitat Quality Analysis and Mapping $3,830
1d Draft BUOW Survey Report $5,470
1e Final BUOW Survey Report $2,150
SUBTOTAL – TASK 1 (not-to-exceed) $44,320
2 Project Management and Coordination
2 Project Management and Coordination $9,050
SUBTOTAL – TASK 5 (not-to-exceed) $9,050
TOTAL – TASKS 1 – 5 (not-to-exceed) $53,370

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 111717
Jeffrey Kim, Engineering Manager
City of Fontana
May 18, 2026

Page 6 ends

ULTRASYSTEMS’ PROJECT MANAGER FOR THIS CONTRACT
Please call Michelle Tollett, Senior Biologist and Group Manager of Biological Resources, at (949) 788-4900, Ext. 240 or email her at [email protected] if you have any questions. These services will be billed on a percent-complete basis, based on a fixed fee basis.

SIGNATURE
I agree to the scope of work, schedule and costs prepared by UltraSystems Environmental.

UltraSystems Environmental, Inc. City of Fontana
Company Company

Betsy Lindsay Jeffrey Kim
Print Name Print Name
Title: President/CEO

Title: Engineering Manager
Signature Signature
May 18, 2026

Date Date

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 112718

CITY OF FONTANA

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

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

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

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

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

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

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

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

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to equipment purchases under a Federal Grant equal to or more than $5,000 Jeff Kim
5/19/26
$ 53,370.00
Ultrasystems Environmental, Inc
✔
✔
245/630
37600042
✔
Environmental Services
The Westgate Complete Street Project began as a Public-Private Partnership in which the private developer, Intex, was responsible for providing engineering design and environmental services, after which the City would assume responsibility for construction. Intex originally retained Ultrasystems Environmental Inc. to perform environmental services for the project, including NEPA/CEQA support, permit and mitigation assistance. All required regulatory permits now have been successfully issued by the applicable agencies, and Ultrasystems’ original permitting-related tasks have been completed. As the City transitions into post-permit activities, the primary scope of work under this proposed task order is to continue coordination with the CDFW for the permit amendment. To maintain project continuity, retaining Ultrasystems as the environmental consultant is the most practical and efficient approach.

Procuring a new consultant at this stage would require additional time for onboarding and project familiarization, likely resulting in several months of schedule delay and potentially jeopardizing the federal funding awarded to the City. Therefore, it is in the City’s best interest to retain Ultrasystems as the project’s environmental consultant through completion of the project.

Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 113719

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

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

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
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3. Small Business’ Solicited (Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.

Applicable Businesses’ referenced above were solicited.

No Applicable Businesses referenced above were solicited because Required Signatures:
---------------------Attach additional sheets as needed---------------------- Requestor Name (Print) Requestor Signature Date
Department Director Name (Print) Department Director Signature Date Jeff Kim
05/19/2026
Gia Kim
05/19/2026
Docusign Envelope ID: 2230E487-6F8D-4BBD-8001-F25695C1E9CC 114720
Certificate Of Completion
Envelope Id: 2230E487-6F8D-4BBD-8001-F25695C1E9CC
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Subject: Task Order Over $50,000
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Betsy A. Lindsay
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UltraSystems Environmental
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Jeff Kim
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Gia Kim
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City of Fontana
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Phillip Burum
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Sid Lambert
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Jessica Brown
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Matthew C. Ballantyne
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City of Fontana
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117723

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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Electronic Record and Signature Disclosure created on: 5/15/2026 | 08:45 AM Parties agreed to: Jeff Kim, Betsy A. Lindsay, Jeff Kim, Gia Kim, Phillip Burum, Jessica Brown, Matthew C. Ballantyne 118724
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You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Fontana as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fontana during the course of your relationship with City of Fontana. 119725
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1182 Agenda Date: 9/8/2026
Agenda #: D. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance for the Jessie Turner Center Indoor Basketball Court Replacement Project (PW-26- 105-SB)
RECOMMENDATION:

Accept as completed work performed by McWil Sports Surfaces Inc. for the installation of a new gym floor, contract PW-26-105-SB, located at 15556 Summit Avenue, Jessie Turner Community Center.

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

DISCUSSION:

On April 16, 2026, the City Council awarded a construction contract to McWil Sports Surfaces Inc. for the Jessie Turner basketball court floor replacement project in the amount of $355,395.00.

MCWil Sports Surfaces Inc. completed the project to the City’s satisfaction; all work was accepted by the City on June 10, 2026, for the contract amount of $355,395.00. The notice was filed with San Bernardino County Records on July 16, 2026, DOC 2026-0183299.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation
City of Fontana Printed on 9/2/2026Page 1 of 1
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1187 Agenda Date: 9/8/2026
Agenda #: E. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a contract with Dhasa Care Foundation to support visual and performing arts component for the Fontana Expanded Learning Program’s school sites.

RECOMMENDATION:

2. Authorize the City Manager to enter into a contract with Dhasa Care Foundation in the amount of $600,000 for the Dhasa Care Music Arts Program and any amendments for the term of the agreement.

COUNCIL GOALS:
· Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by creating a memorable customer experience with every interaction.

DISCUSSION:

The City of Fontana is currently in its eighteenth year of collaboration with the Fontana Unified School District as the Fontana Expanded Program (FELP) provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program funded program. The Fontana Expanded Learning Program provides physical education, enrichment lessons, homework support and 21st Century Skill lessons to meet the program requirements as well as align with the districts’ efforts to prepare students to engage their world and make healthy choices.

To support the program’s visual and performing arts component five (5) middle school sites, the Fontana Expanded Learning Program is recommending to contract with Dhasa. Dhasa Care Music and Arts Program will support the program by providing high quality music and arts programming to support the FELP participants’ participation and interest in music and arts. To support the grant visual and performing arts component, staff is recommending the City to contract with Dhasa Care Music and Arts Program.

This procurement method is allowed per the City’s Purchasing Policies and Procedures Manual, City of Fontana Printed on 9/2/2026Page 1 of 2
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File #: 26-1187 Agenda Date: 9/8/2026
Agenda #: E. Category: Consent Calendar
Section 3.1.5 Non-Competitive Proposal when a product or service is unique from Class Instructors.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2026/2027 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost of the service is $600,000 and will be funded from Budget Unit #38624101 in the Fontana Expanded Learning Program Account # 8130.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $600,000 per year for services provided to the grant-funded after school program.

MOTION:

Approve contract with Dhasa Care Foundation.

City of Fontana Printed on 9/2/2026Page 2 of 2
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PREPARED BY PREPARED FOR

Dhasa Care Music and Arts Program ________________________

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Introduction
The Dhasa Care Music and Arts Program is an inclusive enrichment program designed to serve all general education students through high-quality, engaging, and creative learning experiences. This program provides a structured environment where students can discover, develop, and enhance their artistic talents while building essential life skills.

Our vision is to bridge the gap between aspiration and opportunity—connecting each student to their creative potential. Through music and the arts, we aim to support students’ social- emotional development by reducing anxiety, building confidence, and encouraging self- expression.

The program offers meaningful access to opportunities that may otherwise be unavailable, exposing students to a variety of creative pathways and potential careers in the arts. Students will also benefit from guest speakers and industry professionals—including actors, musicians, producers, and engineers—who will share real-world experiences, technical knowledge, and motivational guidance to inspire students to pursue their goals.

About Us
Mission
The mission of the Dhasa Care Music and Arts Program is to provide a safe, supportive, and engaging environment where students can explore and develop their talents through music and the arts. We are committed to fostering creativity, reducing social anxiety, building confidence, and helping students discover new skills and abilities that support their overall growth and success.

Vision
Our vision is to deliver high-quality music and arts programming to students who may not otherwise have access to these opportunities. We strive to inspire creativity, nurture talent, and promote a positive social environment that strengthens communication skills, builds relationships, and enhances self-esteem through artistic expression.

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Program Founders
Aaron and Hurube Sledge are the founders of the Dhasa Care Music and Arts Program. Their shared passion is centered on serving children, youth, and young adults—especially those with the greatest need—by creating meaningful and transformative enrichment experiences.

Together, they operate a successful Adult Residential Facility, where they incorporate music and the arts as therapeutic tools for individuals with developmental disabilities. Through this work, they have witnessed firsthand the positive impact of creative expression, including reduced anxiety, increased social interaction, improved confidence, and expanded awareness of career possibilities.

Feedback from participants and families has reinforced the program’s impact, with sentiments such as:
• “Focus on the music—the music will pay off.”
• “Very proud mama.”

Leadership Experience
Aaron Sledge
Aaron Sledge is an accomplished songwriter and producer with extensive industry experience and is a 10-time Grammy nominee. His professional work includes:
• 2021 – CW Christmas Special; Leela James – See Me Album • 2019 – Executive Producer, BJ the Chicago Kid – 1123
• 2018 – Co-Producer and Vocal Arranger, K. Michelle – All Monsters Are Human • 2017 – Songwriting and Vocal Arrangements, BJ the Chicago Kid – In My Mind He has collaborated with prominent artists including Usher, Christina Aguilera, DJ Afrojack, Offset, Tyrese, Joe, Tank, Avant, Mario, Mary Mary, Erica Campbell, Fred Hammond, Shirley Caesar, and others.

Aaron brings industry expertise in music production, songwriting, vocal arrangement, recording, and music business education. He also leverages professional relationships to bring guest speakers and mentors into the program to inspire and guide students.

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Hurube Debela-Sledge
Hurube Debela-Sledge is a licensed administrator and Occupational Therapy Assistant with over 20 years of experience. Born and raised in Ethiopia, she relocated to the United States in 1991 and has dedicated her career to supporting individuals across diverse populations.

Her professional background includes work in:
• Acute Rehabilitation
• Skilled Nursing Facilities
• Outpatient Therapy
• Home Health
Hurube specializes in activities of daily living, social skills development, and increasing independence for individuals with developmental and physical challenges. Her passion is helping others achieve success in all aspects of life, and she brings a strong foundation in social- emotional learning and student support to the program.

Contact Information
Dhasa Care Music and Arts Program
Aaron & Hurube Sledge
773-718-0819
[email protected]

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Scope of Work
Dhasa Care Music and Arts Program
The Dhasa Care Music and Arts Program provides standards-based, hands-on enrichment opportunities aligned with the California Expanded Learning Opportunities Program (ELO-P) and the California Visual and Performing Arts (VAPA) Standards.

Through participation, students will develop foundational and intermediate skills in music production, performance, and creative arts while strengthening social-emotional competencies, collaboration, and critical thinking.

Program Components

1. Digital Music Production (Ableton)
Students will learn to create, arrange, and complete original musical compositions, including beats and melodies, using digital audio workstations such as Ableton.

Standards Alignment:

California VAPA Music Standards – Creating, Anchor Standard 1: Generate and conceptualize artistic ideas and work.

2. Songwriting & Composition
Students will be introduced to the fundamentals of songwriting, including song structure, lyrical development, melody creation, and various writing styles. Students will apply these skills by creating original songs.

Standards Alignment:

California VAPA Music Standards – Creating, Anchor Standard 1

3. Vocal Recording & Production
Students will learn professional vocal recording techniques, including microphone use, vocal delivery, layering, and studio etiquette. Instruction includes recording and editing vocals for final production.

Standards Alignment:

California VAPA Music Standards – Performing, Anchor Standard 4: Select, analyze, and interpret artistic work for presentation.

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4. Makeup Artistry (MUA) & Special Effects
Students will learn foundational and advanced makeup techniques, including:
• Theatrical and creative makeup
• Special effects and prosthetics
• Soft glam and full glam applications
• Basic skincare
• Anatomical and themed designs (e.g., holiday looks)
Standards Alignment:

California VAPA Visual Arts Standards – Creating and Responding

5. DJ Fundamentals
Students will learn foundational DJ skills, including equipment operation, beat matching, mixing, and transitions. Students will explore music selection and audience engagement.

Standards Alignment:

California VAPA Music Standards – Performing and Connecting

6. Podcasting & Media Production
Students will learn how to set up and operate podcast equipment, develop content, structure episodes, and record discussions. Students will explore communication skills and digital media distribution.

Standards Alignment:

California VAPA Media Arts Standards – Creating, Producing, and Connecting

7. Fashion Design & Creative Styling
Students will engage in creative design, customization, printing, embellishing, and styling.

Instruction includes basic design principles and hands-on application using various materials.

All supplies will be provided, including but not limited to mannequins, hoodies, shirts, hats, patches, socks, printing materials, ink, paint, and fabric.

Students will also be introduced to entrepreneurship and career pathways within the fashion industry.

Standards Alignment:

California VAPA Visual Arts Standards – Creating and Presenting 131

8. Jewelry Design
Students will design and create jewelry using a variety of materials, including beads and decorative elements. This component promotes creativity, fine motor skills, and personal expression.

Standards Alignment:

California VAPA Visual Arts Standards – Creating

9. Acting & Theater Arts
Students will learn foundational acting techniques, including script reading, character development, vocal projection, and stage presence. Students will also explore storytelling and basic scriptwriting.

Standards Alignment:

California VAPA Theatre Standards – Performing and Creating

10. Filming & Film Editing
Students will be introduced to filmmaking concepts, including camera operation, shot composition, angles, and storytelling through video. Students will also learn basic video editing using software such as Final Cut Pro, including transitions, layering, effects, and exporting completed projects.

Standards Alignment:

California VAPA Media Arts Standards – Producing, Presenting, and Connecting All program components are designed to:
• Provide active, hands-on learning experiences
• Promote student engagement and voice
• Support social-emotional learning (SEL)
• Encourage collaboration and teamwork
• Offer enrichment beyond the school day
• Ensure equitable access to arts education

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Program Delivery & Site Responsibilities
The Dhasa Care Music and Arts Program operates as a mobile, site-based enrichment provider, delivering high-quality arts instruction directly at designated school campuses or approved program locations.

Dhasa Care Responsibilities
Dhasa Care Music and Arts will:
• Provide qualified instructors and program staff
• Deliver all instruction aligned with the approved Scope of Work and California VAPA Standards
• Supply all necessary equipment, materials, and instructional tools required for program implementation (e.g., music production equipment, art supplies, media tools) • Transport and set up program equipment at each designated site • Ensure all activities are conducted in a safe, structured, and supervised environment.

School Site Responsibilities
The participating school site or district will provide:
• A safe and appropriate indoor instructional space (classroom, multipurpose room, or equivalent)
• Access to electrical outlets to support equipment operation • Basic classroom furnishings, including tables and chairs • Access to a TV, monitor, or projector (as available) to support instruction Transportation
Dhasa Care Music and Arts does not provide student transportation. Student transportation to and from the program remains the responsibility of the school site and/or district guidelines.

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Proposed Dhasa Care Music and Arts Program

DCMAP 12 weeks Program- Sequoia Middle, Truman Middle, Alder Middle Wayne Ruble Middle, Fontana Middle
Date

Weeks Frequency Site Hours
September -
December 2026
12 Weeks

1 Visits
Per Week
at each
site.

5 Sites per
Week
Sequoia Middle
Truman Middle
Alder Middle
Wayne Ruble Middle
Fontana Middle
2 hr. Each Visit, each
site.
5 sessions a week

Fee Summary
Description Quantity Time Fee
Fashion Design: Creative designing, customizing,
printing, embellishing, and styling. We will educate
students on career and business pathways.

All fashion supplies will be provided, including but not limited to hoodies, shirts, hats, patches, socks, prints, ink, paint, and fabric. Each session students will take home what they created.
35 Students
($75 per student per
session)

2hr block
at each site

$2,600 per
session
MUA-Make Up Artistry:

Students will learn Beginners Makeup, Skin Care and
soft/full glam makeup application. They will be
introduced to Skull/Anatomical and Holiday Makeup as
well as SFX, cosplay and illusions at the end of the.

Students will also be given information on career path
opportunities.
35 Students
($75 per student per
session)

2hr block
at each site
$2,600 per
session
Music Production, creating a musical composition
(Beat), sound selection, creating melodies, Song
Writing, Song Recording, and singing.
40 Students
(60 per student per
session
2hr block
at each site
$2,400 per
session
Fundamentals of Deejaying
Introduces students to real DJ equipment, beat-
matching, music theory, software tools, and stage
presentation. Students’ progress from novice to
performance-ready, while also building digital literacy, confidence, and teamwork. DJ is signature music
education program, designed to ignite curiosity, build
technical skills, and inspire creative leadership in
students through the world of DJing.
40 Students
(60 per student per
session
2hr block
at each site
$2,400 per
session

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Total Cost Breakdown

Program Number of
sessions
Cost Total
Fashion Design 60 $2,600 $156.000
MUA 60 $2,600 $156.000
Music Production 60 $2,400 $144,000
Djing 60 $2,400 $144,000
TOTAL $600,000

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16498.00001\44594163.1

1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
CS-27-19-MS

This professional services agreement (“ Agreement”) is made and entered into as of September 8 , 20 26 (“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 Dhasa Care Foundation, a Non-Profit with its principal place of business at 1460 E. Holt Avnue, Room 14, Pomona, California 91767 (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:

Music & Arts Program (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 thi s 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 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. 136
16498.00001\44594163.1

2 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 $600,000.00. 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.

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3 7. Term.

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

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 Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall n ot 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 similar conditions. 138
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4 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 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 which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or i ts 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 a ssign, 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 witho ut 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, salaries, 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.

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5 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 C ity 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
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 an d 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.
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6 (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.
(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 require s 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. 141
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7 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. Sexual Abuse and Molestation (SAM)
At all times during performance of the work under this Agreement, Consultant shall obtain and maintain Sexual Abuse and Molestation liability in a form and with insurance companies acceptable to City.
h. Minimum Policy Limits Required
(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

Sexual Abuse and Molestation $1,000,000 per occurrence or claim

(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 142
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8 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 th e effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the Effective Date . Consultant shall maintain such coverage continuously for a per iod of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the Effective Date ; 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 t o 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.
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9 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. (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 C ity 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. Pol icies 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 b y 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 b y 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 144
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10 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 restri cted to insurance proceeds, if any, received 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.

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 pa yment 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 Prevail ing 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 limit ed 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 co ntractors 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 145
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11 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 sh all 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 order s 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 stat e 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.

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 b e 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 reaso nable 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 du ring 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 prov ide 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. 146
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12 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 City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.

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 ev ent 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 satisfaction 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 expe nses, 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 _________________________ as 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.
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13 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:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: [***INSERT NAME & DEPARTMENT***]
CONSULTANT:

Dhasa Care Foundation
1460 E Holt Avenue, Room 14
Pomona, California 91767
Attn: NAME

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 t o those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those ma tters covered hereunder. Each P arty acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 148
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14 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 o r 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.

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, othe r than a bona fide employee working solely for Consultant, any fee, 149
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15 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 obt ain 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.

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

DHASA CARE FOUNDATION

By:
[INSERT NAME]
[INSERT TITLE]

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Ray Ebert
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Daniel Schneider
Community Services Director

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

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Exhibit A-1

EXHIBIT A
Scope of Services
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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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Exhibit C-1

EXHIBIT C
Activity Schedule
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Exhibit D-1

EXHIBIT D

Federal Requirements

155
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1223 Agenda Date: 9/8/2026
Agenda #: F. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve the purchase order of S&S Worldwide to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

RECOMMENDATION:

1. Authorize to procure instructional and classroom supplies utilizing the Purchasing Policies and Procedures Manual Section 3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use The Interlocal Purchasing System (TIPS) Texas of Education contract 240402 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to S&S Worldwide for FY 2027/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school site.

COUNCIL GOALS:
· Improve public safety by utilizing other city programs to help reduce crime. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.

DISCUSSION:

The Fontana Expanded Learning Program provides physical education, enrichment lessons, homework support and 21st Century Skill lessons to meet the program requirements as well as align with the districts’ efforts to prepare students to engage their world and make healthy choices.

To ensure the program is able to purchase and meet the need for materials and supplies at the FELP sites, the Fontana Expanded Learning Program is recommending the opening of purchase orders for S&S Worldwide. S&S Worldwide will support the program needs for materials and supplies allowing program to access high quality academic/educational materials/supplies.

S&S Worldwide offers a wide range of materials, such as school furniture, educational materials, classroom organization and decoration materials, for a variety of ages and grades. Due to the various program material needs S&S Worldwide provides, staff is recommending the City open a purchase City of Fontana Printed on 9/3/2026Page 1 of 2
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156
File #: 26-1223 Agenda Date: 9/8/2026
Agenda #: F. Category: Consent Calendar
order with S&S Worldwide.

The contract with S&S Worldwide was awarded through a competitive procurement process, providing pricing and terms available to participating agencies. This procurement method is allowed per the City’s Purchasing Policies and Procedures Manual, Section 3.1.5 Non-Competitive Proposal when a product or service is being purchased was awarded a bid by another agency at the same or better price offered to the City of Fontana.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2026/2027 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost is $200,000 and will be funded from the Fontana Expanded Learning Program Account - 38624101- 8010.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $200,000 per year for said services provided to the grant-funded after school program.

MOTION:

Approve staff recommendation
City of Fontana Printed on 9/3/2026Page 2 of 2
powered by Legistar™
157
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
1 of 6
BILL TO: SHIP TO:

Fontana Community Service Dept
16860 Valencia Ave
Fontana CA 92335-3847
Jesse Turner Health & Fit Ctr
15556 Summit Ave
Fontana CA 92336-4602
Item # Description Qty List Price Your Price Extended Price PT3266 Color Splash Liquid Tempera Paint
Set A 128oz Pk4
33 $97.52 $58.51 $1,930.83
FA3464 Color Splash Tie-Dye Factory Cold
Water Dye
8 $115.15 $64.65 $517.20
PT3306 Color Splash Watercolor Tray Pk36 33 $36.42 $17.60 $580.80 AB4000 School Brush Assortment 3/64in To
5/64in Pk144
33 $35.24 $14.24 $469.92
BE1277 Color Splash Pony Bead Bucket
6mmx9mm
33 $46.99 $25.29 $834.57
SC1002 Color Splash Colored Pencil
Classpack Pk240
50 $58.74 $29.91 $1,495.50
SC890 Assorted Color Splash Crayons
Pk800
33 $35.24 $21.09 $695.97
SC877 Assorted Color Splash Sidewalk
Chalk Pk126
33 $25.84 $12.48 $411.84
PE472 Assorted Tru-Ray Paper Slpht 9X12
Pk50
33 $3.87 $2.32 $76.56
PE2175 Pacon Watercolor Paper Sheet
9inx12in Pk50
15 $17.61 $9.51 $142.65
GL505 All Temperature Glue Gun 33 $25.84 $15.50 $511.50 AC822 Color Splash EVA Sheets
9inx12inx2mm Pk78
33 $35.24 $14.58 $481.14
LA342 Color Splash Budget Lacing
Assortment 100 YD Pk15
33 $55.22 $31.78 $1,048.74
FA3187 Assorted Color Splash Felt Sheet
9inx12in Pk12
132 $8.99 $5.13 $677.16
SP3900AS 2lb Assorted Color Splash Fine
Terrarium Sand Pk12
33 $50.52 $28.03 $924.99
158
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
2 of 6
Item # Description Qty List Price Your Price Extended Price FN4118 Assorted Scoop Rocker Pk6 33 $79.89 $51.93 $1,713.69 W12465 [DISCONTINUED - REQUESTED
QTY REDUCED]
Long Folding Utility Cart
0 $129.25 $84.01 $0.00
EC4806 Farm Favorites Plush Puppets Pk6 28 $46.99 $28.19 $789.32 LR3665 Wild Republic Insect Replica
Collection Pk10
28 $24.67 $14.80 $414.40
SL8565 Assorted Die-Cast Vehicles Pk25 28 $17.61 $9.31 $260.68 W2369 Parachute 24ft 7 $211.50 $126.90 $888.30
LR4139 Personal White Boards Pk12 33 $55.22 $38.18 $1,259.94 W15438001 Wilson Jet Basketball Ofﬁcial 33 $99.87 $74.90 $2,471.70 W14152001 Wilson NCAA Composite Football
Ofﬁcial
33 $35.24 $24.67 $814.11
W9175 Gator Skin Dodgeballs 6in Pk6 33 $76.37 $45.82 $1,512.06 W14465 Half Cone Super Set Pk36 16 $29.99 $17.99 $287.84 W7996 Recreational Easy Pack 16 $329.01 $230.31 $3,684.96 W9648 Assorted Spectrum Flat Hoop 36in
Pk6
8 $88.12 $51.22 $409.76
W7261001 [DISCONTINUED - REQUESTED
QTY REDUCED]
Spectrum Poly Jump Rope 8ft Pk6
10 $52.87 $30.95 $309.50
20047 Calming Kit Junior 33 $117.50 $80.62 $2,660.46
SL854 Grass And Wave Border Trim
Assortment 3inx36in Pk6
33 $52.87 $30.97 $1,022.01
SL6299 Good Character Traits Silicone
Bracelets Pk24
33 $15.26 $8.63 $284.79
OC1139 Pencil Cap Erasers Colored Pk144 33 $8.80 $5.18 $170.94 SC1059 Pencil With Eraser Top Pk144 33 $46.99 $25.34 $836.22 159
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
3 of 6
Item # Description Qty List Price Your Price Extended Price RS400 [DISCONTINUED - REQUESTED
QTY REDUCED]
Y ellow Post-It Notes 1-1/2 IN X 2 IN
Pk12
0 $10.79 $7.31 $0.00
SL66 [DISCONTINUED - REQUESTED
QTY REDUCED]
Assorted Single Roll Blank Tickets
Pk2000
0 $4.00 $2.37 $0.00
LR1052 Educational Insights Deluxe Play
Money Set Pk750
13 $59.92 $40.00 $520.00
19984 Butterﬂy Bubble Pop Fidget 41 $3.49 $1.98 $81.18
LR4041 Knex STEM Explorations Gears
Building Set
33 $25.99 $17.34 $572.22
GA2513 Cre8Tive Minds Building Wheels
Medium Pk200
33 $55.22 $33.13 $1,093.29
LR4457 Color Splash Building Bricks Pk1100 33 $46.99 $29.33 $967.89 SL5492002 Sunkissed Orange Paper Plate 7in
Pk24
33 $4.10 $2.30 $75.90
BR175 Foam Cups 6oz Pk100 33 $14.09 $8.45 $278.85
CTP2007 10oz Genuine Joe Clear Plastic Cups
Pk25
33 $5.99 $3.59 $118.47
SL2378 Latex Standard Color Balloon
Assortment 9in Pk100
33 $22.31 $11.89 $392.37
NL843 Balloon Inﬂater 33 $5.86 $3.00 $99.00
W15214 Reusable Water Bomb Balls Pk3 33 $2.99 $1.85 $61.05 NL422 Emoji Paper Bags Pk12 33 $12.91 $7.03 $231.99
16143001 Treasure Chest With Lid
19-1/2inx13-1/2inx14in
8 $25.99 $16.89 $135.12
W8935 First Aid Only Outdoor First Aid Kit 33 $64.62 $38.77 $1,279.41 W5905001 8 Watt Megaphone 16 $74.99 $43.05 $688.80
AS2000 Disposable Plastic Gloves Large
Pk100
16 $2.99 $1.67 $26.72
160
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
4 of 6
Item # Description Qty List Price Your Price Extended Price SC313A 0.25lb Rubber Bands 0 $5.86 $3.52 $0.00
AS210 Hand Held Paper Punch 16 $4.69 $2.81 $44.96
SC200 Ruler 12in Pk12 62 $22.31 $13.39 $830.18
OC1043001 Smooth Finish Giant Paper Clips
Pk100
33 $2.09 $1.22 $40.26
W12669 7 Outlet Surge Protector 33 $74.02 $50.33 $1,660.89 OC1010001 White 3 Ring Binder 2in 33 $10.56 $6.34 $209.22 OC1091002 Black 3 Ring View Binder 1in 33 $4.69 $2.81 $92.73 OC1007 Composition Book 8-1/2 IN X 7 IN 500 $1.99 $1.16 $580.00 19587 Tickit Sensory Block Pk16 27 $82.24 $62.43 $1,685.61 The following item(s) are shipped separately from the vendor(s) FN4145 Woodland Children's Factory Throw
Pillow 12 in Pk6
33 $150.00 $117.00 $3,861.00
FN2169 Children's Factory Soft Play Quarter
Circle Rest Corner
33 $775.00 $604.50 $19,948.50
FN4737002 Blue As We Grow™ Chair and Sofa
Set Pk2
33 $575.00 $448.50 $14,800.50
FN264001 Red Jonti-Craft Plastic storage Tub 16 $14.99 $8.99 $143.84 W14400 Shield Deluxe Rainbow Storage Bins
16 Gallon Pk6
33 $207.98 $166.38 $5,490.54
FN2358003 Blue Jonti-Craft Deluxe Classroom
Closet
33 $1,544.99 $1,168.99 $38,576.67
FN4739G001 Small Book Browser Cart 16 $205.63 $174.79 $2,796.64 18703 Paciﬁc Play Tents Giant Tickle Me
Tunnel 9-1/4ft
7 $217.38 $173.90 $1,217.30
W15127 3-Step Ladder with Paint Platform 8 $121.02 $99.24 $793.92 FN1954 Maxxair Pedestal Fan 30in 33 $352.51 $289.06 $9,538.98 W12880 Escalade Atomic Bumper Pool Table
41-1/2inx57-1/2inx32in
2 $809.64 $680.10 $1,360.20
161
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
5 of 6
W13618 Triumph Sports Air Hockey Table 54in 3 $223.25 $183.07 $549.21 W13621 Triumph Sports Basketball Shootout
Game
3 $246.76 $202.34 $607.02
The following item(s) are on backorder
SZ657 Schoolworks Safety Tip Scissors 5in
Pk12
33 $20.55 $11.03 $363.99
BE1399 Color Splash Mandala Fuse Bead
Easy Pack
0 $38.77 $0.00 $0.00
AS644 Assorted Expo Dry Erase Chisel Tip
Marker Pk12
33 $35.24 $19.78 $652.74
PE1142 White Fadeless Paper Roll 48in x 50ft 9 $28.19 $16.91 $152.19 GL593 0.24oz Elmers Washable School
Glue Sticks Pk30
15 $30.54 $21.38 $320.70
GL622 128oz Elmers Washable School Glue 15 $23.49 $17.93 $268.95 AS691 Crystal Clear Adhesive Tape Pk3 33 $2.29 $1.32 $43.56 GL653 Elmers Less Mess All Temp Hot Glue
Stick 4in Pk24
33 $9.39 $5.34 $176.22
CL303 2.5lb White Crayola Air Dry Clay 33 $10.56 $6.03 $198.99 CL342 3oz Assorted Play-Doh Pk20 33 $35.24 $19.80 $653.40 WD7614 Pacon Craft Sticks 6 IN X 3/4 IN
Pk100
33 $3.49 $2.79 $92.07
EC1206 Learning Resources Jumbo Dinosaur
Set Pk5
28 $56.39 $36.65 $1,026.20
LR1294 Learning Resources Jumbo Farm
Animal Set Pk7
28 $56.39 $36.65 $1,026.20
LR2399 My First Career Gear Set 2 Pk6 28 $164.50 $106.93 $2,994.04 W13533005 Champro Sport Renegade Soccer
Ball Size 5
33 $18.79 $12.21 $402.93
RS274 Pencil Grips Pk12 33 $35.24 $20.11 $663.63
SL4460 [DISCONTINUED - REQUESTED
QTY REDUCED]
Positive Words Stinky Stickers Pk300
0 $21.49 $12.14 $0.00
162
P .O. BOX 516
Colchester, CT 06415
QUOTE
Please Note - This is a Quote, not an Order
Date Bill To
Number Shipping Method Order From
Contact
Quote
Number
6/26/2026* 303842 Standard Truck (Icon)-
Ground
Sergio Barragan QU121087
PHONE: 1-800-243-9232
WWW.SSWW.COM
Our purpose is to improve the social fabric
by helping people play and learn.
6 of 6
19899 Laminated Jumbo Wall Calendar 37in
x 49in
33 $38.77 $24.28 $801.24
RS439 Canary Y ellow 3M Post-It Notes 3 IN
X 3 IN Pk12
33 $29.37 $20.29 $669.57
OC1101 Sterilite Stackable Pencil Box With
Lid
250 $2.34 $1.49 $372.50
SL5630 [DISCONTINUED - REQUESTED
QTY REDUCED]
Kitty Cat Puffer Balls Pk6
0 $18.79 $10.60 $0.00
NL424 Plastic Puzzle Ball Pk12 33 $11.74 $6.80 $224.40
NL476 Beistle Seasonal Table Cover 54 IN X
108 IN Pk12
33 $117.50 $70.50 $2,326.50
NL674001 Blue Crepe Streamers Pk12 33 $35.24 $22.22 $733.26 W12655 [DISCONTINUED - REQUESTED
QTY REDUCED]
Eveready LED Flashlight
0 $26.12 $16.98 $0.00
AS125 Masking Tape 3/4inx60yd 33 $3.51 $1.98 $65.34
PS1443 [DISCONTINUED - REQUESTED
QTY REDUCED]
Kraft Journals To Color 5 IN X 8-1/4
IN Pk12
0 $32.89 $18.43 $0.00
W10737 All Time Favorite Games Easy Pack 27 $182.13 $118.38 $3,196.26 W12399 Recreational Badminton Easy Pack 8 $235.01 $157.65 $1,261.20 W10740 Classic Games Easy Pack In A Tub 33 $223.25 $148.48 $4,899.84 W14727 Giant Games Easy Pack 33 $199.75 $136.82 $4,515.06 List Price$240,762.52
Your Price$170,141.46
You Saved$70,621.06
Subtotal $170,141.46
Sales Tax $14,887.41
Shipping Cost $14,783.85
Total $199,812.72
*Quotes are valid for 30 days. S&S strives to maintain our low prices but in the event of unforeseen materials costs and/or tariff increases, we reserve the right to adjust prices accordingly. Inventory is not guaranteed until an order has been processed. 163
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1224 Agenda Date: 9/8/2026
Agenda #: G. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.

RECOMMENDATION:

1. Approve a contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program to the Fontana Expanded Learning Program’s middle school site participants.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

COUNCIL GOALS:
· 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.

DISCUSSION:

The City of Fontana is currently in an Agreement with the Fontana Unified School District (FUSD) as the Fontana Expanded Program (FELP) Provider. FELP is an After School Education and Safety (ASES) Grant and Expanded Learning Opportunities Program (ELO-P) funded program. As part of the grant required curriculum components, FELP provides leadership opportunities and 21st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to prepare student education and leadership exploration.

To support the operating Agreement between the City and FUSD, FELP is recommending to contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s middle school site participants. The program will support student leadership development and expose them to Social Emotional Skills needed for successful social and academic achievement.

The Noble Youth Leadership curriculum will focus on teaching participants important values in life such as respect, dignity, love and trust. In addition, they will train FELP staff on the Noble Youth City of Fontana Printed on 9/2/2026Page 1 of 2
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File #: 26-1224 Agenda Date: 9/8/2026
Agenda #: G. Category: Consent Calendar
Leadership curriculum.

This is a sole source contract as the curriculum is only available through TA Mentoring Services LLC.and meets grant requirements. Purchasing Policy 3.1.5 allows the purchase when no competitive advantage would be gained from services that are unique and are only available from one source.

FISCAL IMPACT:

The program cost is not to exceed $300,000.00 and is budgeted in the adopted FY 2026/2027 Community Services Department operating budget in account 38624101.8130. The cost is 100% fully reimbursable.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 9/2/2026Page 2 of 2
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16498.00001\44594163.1
1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
CS-27-19-MS
This professional services agreement (“Agreement”) is made and entered into as of ___________September 9, 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 TA Mentoring Services, LLC, a Limited Liability Company with its principal place of business at 50091 Kenmore St., Coachella, CA 92236 (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:

TA Mentoring Services, LLC (hereinafter referred to as “the Project”).

B. Consultant is duly lic ensed and has the necess ary 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 prov iding professional services for [INSERT CONSULTANT DUTIES], and possesses the necessary expertis e, 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.

N
OW, 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 .

3. Professional Practices.

2 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.” [Alternatively, Schedule of Charges may be included here and all subsequent exhibits renumbered accordingly.] b. I n no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 300,000. 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 Services” 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.

167
16498.00001\44594163.1

3 7. Term.

The term of this Agreement shall begin on execution of contract and shall end on June 30, 2027 . unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

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.

10. Standard of Care.

4 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 sufficient skill and experience to perform the services assigned to t hem. 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 which 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 propert y, 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.

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, salaries, 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.

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16498.00001\44594163.1

5 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
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.
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6 (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.
(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.

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

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

Sexual Abuse and Molestation $1,000,000 per occurrence or claim

8 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.
(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 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 174
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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, received 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.

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 175
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11 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.

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. 176
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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.

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 satisfaction 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 Trinidad Arredondo as 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.
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13 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.

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sergio Barragan
CONSULTANT:

TA Mentoring Services, LLC
50091 Kenmore St.

Coachella, CA 92236PO Box 1838
Attn: Trinidad Arredondo

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.

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 Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 178
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14 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.

34. Non-Waiver.

35. Time of Essence.

Time is of the essence for each and every provision 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, 179
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15 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.

42. Authority.

43. Electronic Signature.

M atthew C. Ballantyne
City Manager

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA TA MENTORING SERVICES, LLC
By
:
[ INSERT NAME]
[INSERT TITLE]
Attest:

By
:

G ermaine McClellan Key
City Clerk
By
:

R ay Ebert
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
D aniel Schneider
Community Services Director

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By
: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________

Jessica Brown
Chief Financial Officer
Sid Lambert
Purchasing Manager
181
16498.00001\44594163.1

Exhibit A-1

EXHIBIT A
Scope of Services
182
16498.00001\44594163.1

Exhibit B-1

EXHIBIT B
Schedule of Charges/Payments

Exhibit C-1

EXHIBIT C
Activity Schedule
184
16498.00001\44594163.1

Exhibit D-1

EXHIBIT D

Federal Requirements

185
TA Mentoring Services, LLC: 760-771-7701 - [email protected] TA Mentoring Services, LLC
Noble Youth (Restorative Circles and Mentoring)
Scope of work

Expanded Learning Youth Leadership Vision
To enhance the quality of life for youth in San Bernardino County Selection Process - Approximately 400 Expanded Learning Program participants from Fontana Unified School District will be selected as Noble Youth participants. Participants in grades six, seven, and eight can also request to be part of the program during recruitment period.

Selection of Participants- Participants recruited for the Noble Youth Program must have not participated in the program before.

Advanced Noble Youth (NY)- TA Mentoring Services would like to offer an advanced Noble Youth Program for participants that have completed the first part and have received a certificate. The advanced will offer hands-on experience in creating a talking piece, necklace, a mask, and a shield offering the participants an opportunity to learn more about themselves and their peers. (12-sessions)

Desired Outcomes- Noble Youth is a character-building rite of passage program designed to promote positive behavior and contribute to a healthier school climate.

Through the FELP program, participants will help foster a positive school environment, strengthen leadership skills, build supportive peer relationships in the after-school program, and develop a stronger sense of community among participants, FELP staff, and the broader Fontana community.

Mentoring - TA Mentoring Services will provide 1 on 1 mentoring to participants in the FELP Program. Mentors will interact, participate, and follow up with participants throughout the After School Program. Mentors will help provide support for selected participants. Mentors will be available during FELP programming times.

Desired Outcomes- 1 on1 mentoring will support healthy youth development, build resilience and confidence amongst participants in the FELP Program. Furthermore, participants will receive feedback from their sessions to support personal growth.

Cost to Participants - There is no cost to participants; Fontana Expanded Learning Program (FELP) will cover costs through the after-school program. (See below for cost to FELP)
Curriculum - The program uses the “Joven Noble” (Noble Youth) Advanced curriculum, a character development and rites of passage program. It teaches important values and life skills that support participants at school, at home, and in the community. Developed by the National Compadres Network, the curriculum is evidence-based.

186
TA Mentoring Services, LLC: 760-771-7701 - [email protected] Staff Follow-Up – TA Mentoring Services, LLC will provide ongoing check-ins with site staff. Mentors will track and record participant attendance for each session of the 10 sessions.

FELP Training- TA Mentoring Services staff will attend summer training for FELP staff in preparation for the following school year.

Informational Sessions with Parents - Participants will attend an informational session with their parents to outline the objectives of the program and review guidelines and expectations.

Sessions with Participant s - Participants will complete 10 curriculum -based sessions designed to strengthen self-awareness, relationships, decision-making, and overall youth development.
• Healthy Youth
Development
• Defining Palabra
• Identity
• Healthy Relationships
• Anger Management
• Who Are You?
• Violence Prevention
• Substance Abuse Prevention
• Goal Setting and Decision-
Making
• Conflict
Resolution

Ceremony- TA Mentoring Services will be responsible for all costs/equipment/materials associated with rites of passage ceremonies.

Contract Start/End – September 1, 2026, to June 30, 2027

Services provided - Fontana Expanded Learning Program (FELP)

TA Mentoring Services, LLC fee includes
:
• 10 sessions (each cohort)
• Up to 400 participants served (3 cohorts at each site) • FELP staff members will attend Noble Youth sessions
• Train staff in Restorative Practice circles.
• Parent informational meetings at each site or through Zoom • Follow-up calls/meetings with participants and parents • Develop outreach materials in partnership with Fontana Expanded Learning Program staff.
• Three celebrations for program participants in Noble Youth - Food will be provided.
• Sweatshirts, bracelets and backpacks are provided for participants. • Planning and implementation
• Summary report on program outcomes
187
TA Mentoring Services, LLC: 760-771-7701 - [email protected] • Presentation to Fontana Expanded Learning Program staff on program implementation.
• Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.

In-kind services – Fontana Expanded Learning Program will provide a space for three ceremonies, certificates, and decorations.

This fee includes attending all meeting requests by the Fontana Expanded Learning Program staff.

Total Cost: $300,000
Program Schedule
Cohort 1
• Recruitment September 1-14
• Program dates: Monday, September 14 to Friday, December 4, 2026 • Ceremony: Friday, December 4, 2026
Cohort 2
• Recruitment: December 7–18, 2026
• Program begins: January 12, 2027
• Ceremony: Friday, March 19, 2027
Cohort 3
• Recruitment: Ongoing
• Program dates: March 29 to May 27, 2027
• Ceremony: Friday, May 14, 2027
• End of program: May 27, 202

Program Budget
Program Budget (based on up to 400 youth served):

Item Total
Sweatshirts, Backpacks,
Notebooks, Bracelets, Certificates $50,000 Ceremony Fee $30,000 188
TA Mentoring Services, LLC: 760-771-7701 - [email protected] Training, Special Meetings,
Program Evaluation

$10,000
1 - Facilitator Lead (Program
Manager) $90,000 2 Assistant Facilitators (Mentors) $120,000 Cost per participant (400) $750.00
Total $300,000

Program Materials - Sweatshirts and backpacks, Notebooks are presented to participants once they complete the program.

Bracelets - Presented to each participant.

Ceremonies - At the end of each cohort, participants are invited to attend the ceremony. Food, cake, and drinks are provided for participants and their families.

Training - We would like to bring in organizations to provide additional training to Fontana Expanded Learning Program (FELP) staff. This would include additional meetings, evaluation and training requested by FELP.

Facilitator - Provide oversight and program implementation.

Assistant Facilitators - Provide program support to school sites and help staff with implementation.

Program cost per participant- FELP covers the cost at $750.00 per participant 189
16498.00000\14332960.4 A-1 EXHIBIT “A”

SCOPE OF SERVICES
EXHIBIT “A”

SCOPE OF SERVICES
The Contractor T .A. Mentoring Services LLC shall provide the City with Noble Youth Leadership sessions at the at Fontan Expanded Learning Program sites for participants at its five (5) middles schools. The Noble Youth Leadership curriculum will focus on teaching students’ important values in life such as respect, dignity, love and trust.

Professional development will be provided to Fontana Expanded Learning Program staff on the Noble Youth Leadership curriculum. The workshops, presentations, and staff development will be conducted within a nine (9) month timeframe with sessions scheduled to begin on the execution of contract and conclude by June 30, 2027.

• Schedule:
o Session will begin on the execution of contract and conclude by June 30, 2027. • Cost
o FELP will cover the cost of $750 per participant, not to exceed $300,000 total. • The Contractor sessions will include:
o 12 sessions (each cohort)
o Up to 400 students served (3 cohorts at each site)
o FELP staff members will attend Noble Youth sessions
o Train staff in Restorative Practice circles.
o Parent informational meetings at each site or through Zoom o Follow-up calls/meetings with students and parents
o Develop outreach materials in partnership with Fontana Expanded Learning Program staff o Three celebrations for program participants in Noble Youth - Food will be provided o Sweatshirts, bracelets, and backpacks are provided to student participants o Planning and implementation
o Summary report of program outcomes
o Presentation to Fontana Expanded Learning Program staff on program implementation. o Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively
o Noble Youth staff will attend all meeting requests by the Fontana Expanded Learning Program. o In-Kind services - City will provide facilities for three (3) celebrations. If allowed by Public Health Department

• The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions. • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notice given in writing. • Contractor will be funded through the Expanded Learning Opportunities Program (ELO - P). • The Contractor shall be paid within thirty (30) days of services rendered as follows:

June 30, 2027
Not to Exceed $300,000 (ELOP Funded Schools)
Not to Exceed$300,000 (Total)

190
16498.00000\14332960.4 A-2 EXHIBIT “A”

SCOPE OF SERVICES
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.

The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set -up and ready to perform when the event is cancelled the Co ntractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set - up the Contractor may be offered an alternative performance date at the same pay rate.

191
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1189 Agenda Date: 9/8/2026
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 3 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to enter into Amendment No. 1 to Task Order No. 3 (DE-24- 195-SQ) with NV5, Inc. in the amount of $214,000 and an amended Task Order total of $313,000 for additional plan check, map check, and WQMP review services.

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

DISCUSSION:

On June 25, 2024, the City Council approved the Pre-Qualified Firms List to provide professional engineering services and authorized the City Manager to enter into a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to the high volume of plan review requests, an amendment in the amount of $214,000 is requested to the existing task order of $99,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $214,000 and is included in the FY 2026 -27 budget in the General Fund (Fund 101); in accounts 10137404-8116 in the amount of $53,000, 10137404-8130 in the amount of $116,000, and Storm Water Compliance Fund (Fund 125) account 12537401-8130 in the amount of $45,000.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/2/2026Page 1 of 1
powered by Legistar™
192

STANDARD TASK ORDER FORM

RVPUB\PKNOX\729481.1 (v8/22)

Consultant:

Date:

Proposal Bid No.:

Task Order #:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Estimated Start Date:

Estimated End Date
Dollar Amount of Task Order: Not to exceed $

Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s)

Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

Docusign Envelope ID: D5776E20-8394-473D-9CF7-315A2C9C81CA 99,000.00
NV5, Inc
Plan Checking Services, Map Checking
Services, WQMP Review
DE-24-195-SQ
07/01/2026
06/30/2027
07/01/2026 Various
DE-24-195-SQ
To provide on-call plan checking services, map checking services, WQMP reviews for FY 2026-2027
3 193
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v8/22)

CITY OF FONTANA

By:

City Manager
(Required if Over $50,000)

By:

Deputy City Manager

Attest: 1
By:

By:

Department of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Finance

Purchasing Office

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

Docusign Envelope ID: D5776E20-8394-473D-9CF7-315A2C9C81CA NV5, Inc
DE-24-195-SQ
194
133 Technology Drive, Ste. 200 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 RE: Proposal to Provide Plan Check Services for Fiscal Year 2026 - 2027 Dear Mr. Hammer,
We are pleased to submit this proposal to provide the following professional services to the City of Fontana, along with a fee estimate:
• Map and Easement Checking $22,000
• Drainage Report and Improvement Plan Checking $44,000 • WQMP Checking $33,000
TOTAL $99,000
The professional services will be provided in accordance with the attached hourly rates.

We have been providing similar professional services to cities on an as-needed basis for several years. Our professional staff has expertise in a wide range of disciplines and extensive experience in many areas, including plan checking, map checking, WQMP review, drainage reports review, survey, design engineering, project management, and construction management services.

We are committed to providing superior, high-level services to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our clients’ needs.

Our professionals are committed to reliable performance, positive attitudes, and a mission focus that is essential to successful outcomes.

We thank you for the opportunity to serve as an extension of the Fontana City staff. Should you have any questions or require additional information, please contact David Niknafs at (949) 545-3600 or [email protected].

Sincerely,
NV5, Inc.

Jeffrey M. Cooper, PE

EVP, COO
David Niknafs, PE
Director of Infrastructure
PN: 2750226-0021132.00
July 15, 2026
David Hammer, Engineering Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Docusign Envelope ID: D5776E20-8394-473D-9CF7-315A2C9C81CA 195
Fee Schedule
Effective July 1, 2026, through June 30, 2027.

PLAN CHECKING/MAP/WQMP/DRAINAGE REPORTS & PLANS HOURLY RATE $206
$170
$139
Project Manager/QA-QC Manager/Plan Check Engineer III
Plan Check Engineer II
Plan Check Engineer I
Plan Intake Coordinator $88

SURVEY SERVICES/MAP CHECKING HOURLY RATE
Junior Engineer/Surveyor $132
Assistant Engineer/Surveyor $149
Associate Engineer/Surveyor $170
Senior Engineer/Surveyor $185
Manager $237
Principal $270
CADD Technician I $113
CADD Technician II $129
CADD Technician III $149
Sr. CADD Technician/Designer $165
1-Person Survey Crew (GPS) (Robotic) $196
1-Person Crew $155
2-Person Survey Crew $324
3-Person Survey Crew $438

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Automobile Transportation per IRS standard
Delivery, Freight, Courier, Agency Fees Cost
Commercial Travel Cost
Assumes prevailing wages are applicable for fieldwork. Prevailing Wage rates are based upon a multiplier of the hourly rate determined by the General Prevailing Wage Determinations in effect as of this date. Should the Prevailing Wage rate change after the next issue date, our rates may change based upon the Prevailing Wage rate in effect at that time, but our rates will maintain the same multiplier.

The above are regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

Docusign Envelope ID: D5776E20-8394-473D-9CF7-315A2C9C81CA 196
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0549 Agenda Date: 10/28/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 2 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 (DE-24- 195-SQ) with NV5, Inc. in the amount of $180,000, and an amended Task Order total of $279,000 for additional plan check, map check, and WQMP review services.

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

DISCUSSION:

On June 25, 2024, the City Council approved the Pre-Qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as-needed basis for a period of five (5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/hydraulic studies, and WQMP checking services.

Due to staffing shortages and a high volume of plan review requests, an amendment in the amount of $180,000 is requested to the existing task order of $99,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $180,000 and is included in the 2025-26 budget in the General Fund (Fund 101), in accounts 10137404-8116 in the amount of $60,000, 10137404-8130 in the amount of $60,000, and in the Storm Water Compliance Fund (Fund 125) in account 12537401-8130 in the amount of $60,000.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/22/2025Page 1 of 1
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Docusign Envelope ID: B0A02022-C49A-4A2A-9FAF-23895A45AD4E Docusign Envelope ID: D5776E20-8394-473D-9CF7-315A2C9C81CA 197
Certificate Of Completion
Envelope Id: D5776E20-8394-473D-9CF7-315A2C9C81CA Status: Completed Subject: Task Order Over $50,000 - from Denise Cortes for [[Consultant (name of person signing)_Use Company Name:

Source Envelope:

Document Pages: 5 Signatures: 6 Envelope Originator:

Certificate Pages: 5 Initials: 1 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.122
Record Tracking
Status: Original
7/16/2026 | 02:34 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Denise Cortes
[email protected]
NV5, Inc
Security Level: In Session
Completed
Using IP Address: 192.146.186.122
Sent: 7/16/2026 | 02:34 PM
Viewed: 7/16/2026 | 02:40 PM
Signed: 7/16/2026 | 02:42 PM
Electronic Record and Signature Disclosure:

Accepted: 7/7/2026 | 05:33 PM
ID: 015dd84a-c4c6-4acb-b744-dc4fa8b0113d
Purchasing Office
[email protected]
www.fontanapurchasing.org
OPR Communications
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 192.146.186.99
Sent: 7/16/2026 | 02:42 PM
Viewed: 7/16/2026 | 05:37 PM
Signed: 7/16/2026 | 05:41 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign

DAVID NIKNAFS
[email protected]
Director of Transportation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 159.83.248.48
Sent: 7/16/2026 | 05:41 PM
Viewed: 7/17/2026 | 10:04 AM
Signed: 7/17/2026 | 10:05 AM
Electronic Record and Signature Disclosure:

Accepted: 7/17/2026 | 10:04 AM
ID: d6240ff0-d419-473a-a2ff-4e57f20e2754
David Hammer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Sent: 7/17/2026 | 10:05 AM
Viewed: 7/20/2026 | 07:08 AM
Signed: 7/20/2026 | 07:15 AM
Electronic Record and Signature Disclosure:

Accepted: 7/20/2026 | 07:15 AM
ID: 01ade777-7cc5-4a38-8232-c81a6c86be8e
198
Signer Events Signature Timestamp
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 7/20/2026 | 07:15 AM
Viewed: 7/20/2026 | 07:53 AM
Signed: 7/20/2026 | 07:54 AM
Electronic Record and Signature Disclosure:

Accepted: 7/20/2026 | 07:53 AM
ID: 81cc1cb8-de31-4ff3-9860-88c8f95dc5f0
Phillip Burum
[email protected]
Deputy City Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Sent: 7/20/2026 | 07:54 AM
Viewed: 7/20/2026 | 08:09 AM
Signed: 7/20/2026 | 08:09 AM
Electronic Record and Signature Disclosure:

Accepted: 7/20/2026 | 08:09 AM
ID: ec2d75f5-973e-4261-9117-4402881515d7
Sid Lambert
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 7/20/2026 | 08:09 AM
Viewed: 7/21/2026 | 09:41 AM
Signed: 7/21/2026 | 09:41 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 7/21/2026 | 09:41 AM
Viewed: 7/21/2026 | 10:13 AM
Signed: 7/21/2026 | 10:13 AM
Electronic Record and Signature Disclosure:

Accepted: 7/21/2026 | 10:13 AM
ID: 3491aa3b-daf3-4f3a-9439-34eb9759f85a
Matthew C. Ballantyne
[email protected]
City Manager
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 7/21/2026 | 10:13 AM
Viewed: 7/21/2026 | 10:15 AM
Signed: 7/21/2026 | 10:15 AM
Electronic Record and Signature Disclosure:

Accepted: 7/21/2026 | 10:15 AM
ID: d83dcf2e-6c7d-485e-b621-a0fb3d2bfab0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
199
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
City Clerk's Office
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2026 | 10:15 AM
Viewed: 7/21/2026 | 11:00 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Denise Cortes
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2026 | 10:15 AM
Viewed: 7/21/2026 | 12:32 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/16/2026 | 02:34 PM
Certified Delivered Security Checked 7/21/2026 | 10:15 AM Signing Complete Security Checked 7/21/2026 | 10:15 AM
Completed Security Checked 7/21/2026 | 10:15 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
200

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Electronic Record and Signature Disclosure created on: 5/15/2026 | 08:45 AM Parties agreed to: Denise Cortes, DAVID NIKNAFS, David Hammer, Gia Kim, Phillip Burum, Jessica Brown, Matthew C. Ballantyne 201
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You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Fontana as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fontana during the course of your relationship with City of Fontana. 202
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1193 Agenda Date: 9/8/2026
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Agreement with the San Bernardino County Flood Control District Related to National Pollutant Elimination System (NPDES) Stormwater Permit
RECOMMENDATION:

1. Approve the National Pollutant Elimination System Stormwater Permit Implementation Agreement Santa Ana Region between the City of Fontana and the San Bernardino County Flood Control District.

2. Authorize the City Manager to enter into the Agreement. ..End
COUNCIL GOALS:
· To concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· To concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively hereinafter referred to as “County”), and the sixteen incorporated cities (“co-permittees”) in the Santa Ana River Watershed portion of San Bernardino County. The San Bernardino County Flood Control District is the Principal Permittee. Its primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff, and prepare the consolidated required reports. As part of the requirements of the Permit, all co- permittees are required to enter into an “Implementation Agreement” which specifies the responsibilities of the co-permittees and establishes a cost-sharing formula for the program costs to be borne by each co-permittee.

The City Council approved the original NPDES Stormwater Implementation Agreement on May 5, 1992, and subsequently approved an amendment to the agreement on December 5, 1995.

In 2010, it was determined that the cost share formula contained ambiguities that prevented the City of Fontana Printed on 9/3/2026Page 1 of 2
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File #: 26-1193 Agenda Date: 9/8/2026
Agenda #: I. Category: Consent Calendar
County from annually calculating land use conditions as required under the agreement. As a result, a new Implementation Agreement was developed to establish a revised cost share formula for allocating area-wide NPDES permit program costs among the co-permittees.

The updated formula provided a more equitable method for determining each co-permittee's cost share percentage by balancing the impacts of population, land area, and equal participation, resulting in a fairer distribution of costs among both large and small jurisdictions.

The proposed new Implementation Agreement does not modify the existing cost share formula. The current methodology for calculating each co-permittee's share of program costs will remain unchanged.

The most significant revision in the proposed agreement is the elimination of the County overhead rate applied to County staff time spent on area-wide program activities. At one point, this overhead rate reached 117% of direct labor costs. Removing the overhead charge will result in substantial savings to the Area-Wide Program budget. For example, in FY 2024/25, the total program budget was $3,944,093, of which approximately $527,000 was attributable to overhead costs.

Additional revisions to the agreement include:
· Modifying meeting requirements to align with the MS4 Permit requirements, or at a minimum, require quarterly meetings.
· Revising the agreement term so that it remains in effect until a new agreement is executed or a party provides a one-year notice of withdrawal.
· Establishing a deadline for co-permittees to pay their annual cost share contributions to ensure timely funding of Area-Wide Program activities.
· Removing obsolete provisions related to grants received under the American Recovery and Reinvestment Act.

These revisions are intended to streamline the agreement, improve administrative efficiency, reduce program costs, and ensure consistency with current regulatory requirements.

FISCAL IMPACT:

The cost share for the member agencies of the Area-Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area.

The resulting cost share percentage is then applied to four program budget categories: Monitoring, Public Education, Program Management, and Training. The fiscal impact for the implementation agreement comes from the Solid Waste Mitigation Fund (Fund 282) account 28237713-8130.

For FY 2026/27, the City's cost share contribution is projected to decrease to 9.36%, resulting in an estimated contribution of $248,542. However, based on the recently released draft Santa Ana Regional Municipal Separate Storm Sewer System (MS4) Permit, implementation costs for the Area- Wide Program are anticipated to increase significantly, which may substantially impact future program costs for all member agencies.

MOTION:

Approve staff recommendation.

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Fontana City CouncilSeptember 8, 2026

Fontana City Council
September 8, 2026