Agenda packet — Ontario City Council, June 7, 2022 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JUNE
7, 2022
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

WEARING A MASK DURING THE PUBLIC MEETING IS STRONGLY
ENCO
URAGED.

If you need special assistance or accommodations to participate in this meeting, please contact CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council. (EQUIPMENT FOR THE HEARING IMPAIRED AVAILABLE IN THE RECORDS MANAGEMENT OFFICE)

CALL TO ORDER
(OPEN SESSION)

ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Dr. Sylvia Lee Mann, Bethel Congregational Church
PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

1. APPROVAL OF MINUTES

ATTACHMENT:

20220503 (Not official Until Approved).pdf

ATTACHMENT:

20220510 (Not official Until Approved).pdf

2. BILLS & PAYROLL

3. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH YUNEX LLC

SPECIAL CEREMONIES

HONORING THE AMERICAN YOUTH SOCCER ORGANIZATION (AYSO) REGION 583 FROM SOUTH

ONTARIO

ONTARIO 5K REINDEER RUN & RUDOLPH'S DASH CHECK PRESENTATION TO ONTARIO-

MONTCLAIR SCHOOLS FOUNDATION
That the City Council present the Ontario-Montclair Schools Foundation with a check from the proceeds of the 2021 Ontario 5K Reindeer Run & Rudolph's DASH.

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 a separate vote.

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

Minutes for the Regular Meetings of the City Council and Housing Authority of May 3, 2022 and Special Meeting of May 10, 2022, and approving the same as on ﬁle in the Records Management Department.

Bills April 29, 2022 through May 19, 2022, and Payroll April 24, 2022 through May 7, 2022 when audited by the Finance Department.

That the City Council approve an amendment to the Maintenance Services Agreement (on ﬁle in the Records Management Department) with Yunex LLC, of Austin, Texas, to provide maintenance services for the City’s traﬃc signals and traﬃc signal system for Fiscal Year 2022- 23 in the amount of $760,000, for a revised total expenditure of $3,601,945; and authorize the City Manager to execute said amendment and future amendments within the authorization limits.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

4. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PHOENIX GROUP

INFORMATION SYSTEMS REFERENCE PROCESSING SERVICES FOR POLICE PARKING

CITATIONS, FIRE AND COMMUNITY IMPROVEMENT ADMINISTRATIVE CITATIONS, AND

FALSE ALARM PROGRAM

5. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED PARTS AND EQUIPMENT

FOR CITY FIBER OPTICS NETWORK

6. ACCEPT A WRITTEN PETITION REQUESTING COMMENCEMENT OF CHANGE PROCEEDINGS

TO CHANGE THE RATE AND METHOD OF APPORTIONMENT (RMA) OF THE EXISTING SPECIAL TAX OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES); ADOPT A RESOLUTION OF CONSIDERATION

TO CHANGE THE RMA OF THE EXISTING SPECIAL TAX AND ACCEPT A WRITTEN PETITION

REQUESTING TO INCREASE THE MAXIMUM AGGREGATE AMOUNT OF BONDED INDEBTEDNESS OF COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES) THAT IS AUTHORIZED TO INCUR TO $45,000,000; ADOPT A RESOLUTION OF INTENTION TO AMEND RESOLUTION NO. 2017-124 IN ORDER TO INCREASE THE MAXIMUM AGGREGATE AMOUNT OF BONDED INDEBTEDNESS.

That City Council authorizes the City Manager to execute a new Professional Services Agreement with Phoenix Group Information Systems from Santa Ana, California, for services involving the processing of Ontario
Police Department parking citations, Ontario Fire
Department and Ontario Community Improvement Department administrative citations, and false alarm program fees.

That the City Council approve a pre-authorized list of vendors to provide specialized parts and equipment for the construction and maintenance of the City Fiber Optics Network.

That the City Council consider and:

A
.

Accept a written petition requesting commencement of change proceedings (on ﬁle in the Records Management Department) from Lennar Homes of California, LLC (“Lennar”), to consider a change to the Rate and Method of Apportionment of the existing special tax of the City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South-Facilities) (the “Community Facilities District”) and waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982 (the “Act”); B
.

Adopt a Resolution of Consideration to change the Rate and Method of Apportionment of the existing special tax of the Community Facilities District and set a public hearing on such proposed change as part of the regularly scheduled City Council meeting on Tuesday, July 19, 2022; and
C
.

Accept a written petition requesting commencement of proceedings (on ﬁle in the Records Management Department) from Lennar to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur to $45,000,000 and waive certain procedural matters, under the Act; and D
.

Adopt a Resolution of Intention to amend Resolution No. 2017-124 in order to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

20220607 CFD No. 35 Countryside Phase 2 Facilities^01 RESO Consideration of Change^RM

ATTACHMENT:

20220607 CFD No. 35 Countryside Phase 2 Facilities^01A RMA EXH A

ATTACHMENT:

20220607 CFD No. 35 Countryside Phase 2 Facilities^02 RESO Intention^RM

7. A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

ATTACHMENT:

20220607 Road Maintenance and Rehabilitation Account 01^RESO^RM

ATTACHMENT:

20220607 Road Maintenance and Rehabilitation Account^02 EXH A

8. AUTHORIZE THE PURCHASE OF FLEET EQUIPMENT

9. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH MERCHANTS

BUILDING MAINTENANCE FOR CUSTODIAL SERVICES

10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENTS FOR LANDSCAPE District is authorized to incur and set a public hearing on such proposed increase as part of the regularly scheduled City Council meeting on Tuesday, July 19, 2022.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF

CONSIDERATION TO CHANGE THE RATE AND METHOD OF APPORTIONMENT OF

THE EXISTING SPECIAL TAX OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO AMEND RESOLUTON NO. 2017-124 IN ORDER TO INCREASE THE

MAXIMUM AGGREGATE AMOUNT OF BONDED INDEBTEDNESS THAT CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES) IS AUTHORIZED TO INCUR.

That the City Council adopt a Resolution approving the FY 2022-23 Project List for Senate Bill 1 ("SB1"), the Road Repair and Accountability Act of 2017.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

That the City Council authorize the cooperative purchase and delivery of one Generac Mobile Generator in the amount of $100,751.90, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 041719-GEN.

That the City Council authorize the City Manager to execute Amendment No. 1 to the Maintenance Services Agreement (on ﬁle in the Records Management Department) with Merchants Building Maintenance of Pomona, California, for custodial services, to exercise the two optional one-year extensions, for a total not to exceed amount of $1,868,590.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

MAINTENANCE SERVICES FOR ONTARIO SOCCER PARK, HOUSING AND GAS TAX FUNDED

SITES, FORMER REDEVELOPMENT SITES, AND CERTAIN PARKWAYS, FIRE STATIONS, AND

LANDSCAPED MEDIANS THROUGHOUT THE CITY

11. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENTS FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKS, EDENGLEN/SCE WALKING TRAIL, ASSESSMENT

MAINTENANCE DISTRICTS, ONTARIO TOWN SQUARE, AND PARKWAYS IN THE ONTARIO

RANCH AREA
That the City Council takes the following actions:

A
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1819-09 with Brightview Landscape Services, Inc., of Upland, California, for landscape maintenance services at Ontario Soccer Park.

B
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-7 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services for Housing and Gas Tax Funded Sites.

C
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-10 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services at former Redevelopment Sites.

D
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-9 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services of certain Parkways, Fire Stations, and Landscaped Medians throughout the City.

That the City Council takes the following actions:

A
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-4 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services for various City Parks.

B
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-12 with Merchants Landscape, Inc. of Rancho Cucamonga, California, for landscape maintenance services for the Edenglen/SCE Walking Trail.

C
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-5 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services at Citywide Assessment Maintenance Districts.

D
.

Authorize the City Manager to execute the optional two (2), one-year terms to the Maintenances Service Agreement (on ﬁle with Records Management) for Contract No.

PM1819-8 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

12. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR WATER WELL SITES

13. ACCEPTANCE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE SAN

BERNARDINO COUNTY ADMINISTRATIVE OFFICE FOR THE BON VIEW PARK SPORTING

FIELD PROJECT

ATTACHMENT:

20220607 Accepting ARPA Funds^01 RESO^RM

ATTACHMENT:

20220607 ARPA CLFRF Contract^02 EXH A

14. AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION OF A

HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY

15. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO RANCH AREA landscape maintenance services at Ontario Town Square.

E
.

Authorize the City Manager to execute Amendment No. 3 to the existing Maintenance Services Agreement (on ﬁle with Records Management) with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services for two parkway planter areas at Park Place located in the Ontario Ranch area.

That the City Council approve and authorize the City Manager to execute the two (2) one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No. PM1617-11 with SoCal Land Maintenance, Inc. of Anaheim, California, for Landscape Maintenance Services for Water Well Sites.

That the City Council authorize the City Manager to execute all documents necessary to accept the American Rescue Plan Act (ARPA) funds in the amount of $300,000 from the San Bernardino County Administrative Office for the Bon View Park Sporting Field Project.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER’S DESIGNEE, TO

EXECUTE AND ENTER INTO, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE

COUNTY OF SAN BERNARDINO ACCEPTING GRANT FUNDS FROM THE AMERICAN

RESCUE PLAN ACT (ARPA) TO BE USED FOR THE BON VIEW PARK FIELD RENOVATIONS IN AN AMOUNT NOT TO EXCEED $300,000.

That the City Council approve and authorize the City Manager to execute a ﬁve-year Agreement (on ﬁle with Records Management Department) with the County of San Bernardino (County) for the operation of a Household Hazardous Waste (HHW) Collection Facility.

That the City Council authorize the City Manager to execute Amendment No. 2 to the Maintenance Services Agreement (on ﬁle with the Records Management) for Contract No.

PM2021-2 with Greentech Landscape, Inc. of Whittier, California, for landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

16. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE TREE

MAINTENANCE SERVICES

17. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE STREET

SWEEPING SERVICES

18. A CONSTRUCTION CONTRACT FOR THE FY 2020-21 & 2021-22 CDBG STREET LIGHT

INSTALLATION PROJECT

ATTACHMENT:

20220607 FY 20/21 & 21/22 CDBG Street Light Installation Project^01 EXH A

19. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE STORM

DRAIN MAINTENANCE SERVICES

20. MAINTENANCE SERVICES AGREEMENT FOR STREETLIGHT MAINTENANCE AND REPAIR

SERVICES
area.

That the City Council authorize the City Manager to execute the sixth (6) optional year extension to the Maintenance Services Agreement (on ﬁle with the Records Management) for Contract No. PM-WCA1415 with West Coast Arborist, Inc. of Anaheim, California, for Citywide Tree Maintenance Services.

That the City Council authorize the City Manager to execute the optional two (2) one-year extensions and add new streets for sweeping to the Maintenance Service Agreement for Contract No. SM1617-2 (on ﬁle with Records Management) with Sweeping Corp of America (formerly named Cleanstreet, Inc.), of Gardena, California, for Citywide Street Sweeping Services.

That the City Council award a construction contract (on ﬁle in the Records Management Department) to California Professional Engineering, Inc. of La Puente, California, for the Fiscal Year 2020-21 and Fiscal Year 2021-22 CDBG Street Light Installation Project in the bid amount of $151,844 plus a ten percent (10%) contingency of $15,184 for a total authorized expenditure of $167,028; and authorize the City Manager, or his designee to execute said contract and all related documents, and ﬁle a notice of completion at the conclusion of all construction activities.

That the City Council approve and authorize the City Manager to execute the optional two (2) one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No. SM1920-1 with United Storm Water, Inc., located in Industry, California, for Citywide Storm Drain Maintenance Services.

That the City Council take the following actions: Approve and authorize the City Manager to execute a three-year Maintenance Services Agreement (on ﬁle in the Records Management Department) with Yunex LLC of Austin, Texas for streetlight maintenance and repair services in an amount not to exceed $1,939,935; and authorize the City Manager to extend the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

21. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH UNITED

TRANSMISSION EXCHANGE FOR PROCUREMENT & REPAIRS OF ALLISON TRANSMISSIONS

22. AUTHORIZE THE EQUIPMENT PURCHASE OF FOOD SCRAP CONTAINERS FOR THE

INTEGRATED WASTE DEPARTMENT

23. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING

SERVICES, APPLICATION DEVELOPMENT AND DATABASE ADMINISTRATION

24. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH ALL STAR GLASS INC.

FOR PROCUREMENT & REPAIRS OF AUTOMOTIVE WINDSHIELDS

25. AN AMENDMENT TO THE COOPERATIVE AGREEMENT FOR THE SR-60 AT ARCHIBALD

AVENUE INTERCHANGE PROJECT

26. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-014) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 20449 (FILE NO. PMTT21-014), A 35.65-ACRE PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF Agreement for up to two additional one-year terms.

That the City Council approve and authorize the City Manager to execute Amendment No. 3 to the Goods and Services Agreement (on ﬁle in the Records Management Department) with United Transmission Exchange of San Bernardino, California, for procurement & repairs of Allison Transmissions in the amount of $70,000, increasing the not-to-exceed amount to $150,000 and extending the term of the Agreement to June 30, 2024.

That the City Council authorize the purchase of food scrap containers with Sure-Close located in Ottawa, Canada, in an amount not to exceed $140,800 to promote state mandate Senate Bill (SB) 1383 in organic waste recycling.

That the City Council authorize the City Manager to execute an Amendment to the current ﬁve- year agreement (on ﬁle with the Records Management Department) with ICS Software, LLC, of Upland, California, for information technology consulting services to add an additional $80,000 to year five of the existing contract of $120,000 annually, for a total not to exceed $680,000.

That the City Council authorize the City Manager to execute Amendment No. 3 to the Goods and Services Agreement (on ﬁle in the Records Management Department) with All Star Glass Inc., of San Diego, California, in the amount of $90,000, increasing the not-to-exceed amount to $170,000 and extending the term of the Agreement to June 30, 2024.

That the City Council approve Amendment No. 5 in the amount of $4,191,726 to Cooperative Agreement R14138 (15-1001150) (on ﬁle in the Records Management Department) with San Bernardino County Transportation Authority (SBCTA) for funding the State Route 60 (SR-60) at Archibald Avenue Interchange Project (Project); and authorize the City Manager to execute said agreement and future amendments within the authorization limits.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 HAVEN AVENUE AND ONTARIO RANCH ROAD, WITHIN PLANNING AREA 9A (RESIDENTIAL & COMMERCIAL LAND USE DISTRICT) OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-211-01

ATTACHMENT:

20220607 File No. PDA21-014 BrookCal Ontario LLC^01 EXB A & B

ATTACHMENT:

20220607 File No. PDA21-014 BrookCal Ontario LLC^02 PC Backup.pdf

ATTACHMENT:

20220607 File No. PDA21-014 BrookCal Ontario LLC 03 ORD^RM

ATTACHMENT:

20220607 File No. PDA21-014 BrookCal Ontario LLC^04 AGMT

27. A PROFESSIONAL SERVICES AGREEMENT FOR WELL NO. 50 TREATMENT FACILITY DESIGN

ATTACHMENT:

20220607 Well No. 50 Treatment Facility^01 EXH A

28. AN AMENDMENT TO THE MAINTENANCE SERVICE AGREEMENT FOR METER MAINTENANCE

29. A CONSTRUCTION CONTRACT FOR THE MISSION LANDSCAPE AND IRRIGATION PROJECT That the City Council consider and adopt an Ordinance approving the Development Agreement (File No. PDA21-014) between the City of Ontario and BrookCal Ontario, LLC., to establish the terms and conditions for the development of Tentative Tract Map 20499 (File No.

PMTT21-014), a 35.65-acre property located near the southeast corner of Haven Avenue and Ontario Ranch Road, within Planning Area 9A (Residential & Commercial land use district) of the Rich Haven Specific Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-014, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 20449 (FILE NO.

PMTT21-014), A 35.65-ACRE PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF HAVEN AVENUE AND ONTARIO RANCH ROAD, WITHIN PLANNING AREA 9A (RESIDENTIAL & COMMERCIAL LAND USE DISTRICT) OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-211-01.

That the City Council approve and authorize the City Manager or designee to execute a Professional Services Agreement (on ﬁle in the Records Management Department) with GHD, Inc., of Irvine, California, for Well No. 50 Treatment Facility Design, Contract No. UT 1019 in the amount of $399,310, plus a 5% contingency of $19,965, for a total amount of $419,275.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Maintenance Services Agreement (on ﬁle in the Records Management Department) with Master Meter, Inc., of Mansﬁeld, Texas, in the amount of $40,000 for Fiscal Year 2022-23, extend the initial term of the Agreement through June of 2023, and authorize the option to extend the Agreement for up to two successive one-year periods in the annual amount of $50,000 each year (FY 2023-24 and FY 2024-25), for a new total not-to- exceed cost of $235,000 for the five years.

That the City Council take the following action:

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

30. SECOND READING AND ADOPTION OF ORDINANCE NO. 1766 APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

ATTACHMENT:

20220607 Assembly Bill 481^01 ORD^RM

ATTACHMENT:

20220607 OPD Lexipol Policy 708 Military Equipment^02 EXH A

ATTACHMENT:

20220607 OPD AB 481 Military Equipment Inventory^03 EXH B

31. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR MUSEUM EXHIBIT

DESIGN FOR THE BUILT ON WATER EXHIBIT

32. AN AMENDMENT TO THE AMERICORPS STATE & NATIONAL COMPETITIVE GRANT FOR THE 2021-2022 PROGRAM YEAR

33. FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES A
.

Reject Golden Gate Steel, Inc.’s protest against SGD Enterprises for PM2122-8 for the Mission Landscape and Irrigation Project;
B
.

Authorize the City Manager or his designee to execute Construction Contract No.

PM2122-8 with SGD Enterprises for the Mission Landscape and Irrigation Project for a total bid amount of $626,292;
C
.

Authorize a 10% contingency of $62,629 to address any unforeseen issues that may arise during construction; and
D
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, reductions of retention accounts, and ﬁling a notice of completion at the conclusion of all construction related activities.

That the City Council adopt an Ordinance adopting a Military Equipment Use Policy.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 (on ﬁle with the Records Management Department) to the Professional Services Agreement with Picnic Design of Los Angeles, California. This agreement encompasses design services for the Built on Water exhibit currently under construction at the Ontario Museum of History & Art. Amendment No. 3 adds $13,800 to the agreement, for a revised total contract amount of $105,000.

That the City Council approve an amendment and budget adjustments for FY 2021-22 to the AmeriCorps State & National Competitive Grant in the amount of $74,001.

That the City Council (“City”) approve and authorize the City Manager to execute a First Amendment to a Professional Services Agreement with Kane Ballmer & Berkman in the amount not to exceed $150,000.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11

34. A PUBLIC HEARING TO CONSIDER FILE NO. PDCA22-003, A DEVELOPMENT CODE

AMENDMENT PROPOSING CERTAIN CLARIFICATIONS AND REVISIONS TO THE CITY OF ONTARIO DEVELOPMENT CODE, ADDRESSING: [1] TIME EXTENSIONS FOR DISCRETIONARY PROJECTS (SECTION 2.02.025.B.2.C); [2] PUBLIC NOTIFICATION REQUIREMENTS FOR MINOR VARIANCES (SECTION 2.03.010); [3] ADMINISTRATIVE EXCEPTIONS (SECTIONS

4.02.020 AND 4.03.050, AND TABLES 2.02-1 AND 2.03-1); [4] SPECIFIC PLAN MINOR AMENDMENTS (SECTION 4.02.080); [5] HOUSING AND REASONABLE ACCOMMODATIONS (SECTIONS 4.02.035 AND 4.03.055, AND TABLES 2.02-1 AND 2.03-1); [6] ACCESSORY DWELLING UNITS (SECTION 5.03.010); [7] MINIMUM USEABLE REAR YARD AREA FOR SINGLE-FAMILY DWELLINGS (SECTION 5.03.011); [8] BANQUET FACILITIES ON HISTORIC PROPERTIES (SECTION 5.03.067); [9] RETAIL SALES EVENTS (SECTION 5.03.395 AND TABLE

8.01-1); [10] CONVERSION OF GARAGES TO ACCOMMODATE ACCESSORY DWELLING UNITS (SECTION 6.01.010); [11] DEFINITION FOR "GARAGE" (SECTION 9.01.010.G); [12] SINGLE-

FAMILY TWO-UNIT PROJECTS AND URBAN LOT SPLITS, RESCINDING URGENCY ORDINANCE NO. 3200 AND ADOPTING STANDARDS (SECTIONS 5.03.403 AND 6.08.060, AND TABLES 2.02-1 AND 2.03-1); AND [13] CERTAIN ALLOWED LAND USES (TABLE 5.02-1)

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, 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 Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council introduce and waive further reading of the ordinance approving File No.

PDCA22-003, a Development Code Amendment proposing certain clariﬁcations and revisions to the City of Ontario Development Code, addressing
time extensions for discretionary
projects; public notiﬁcation requirements for minor variances; administrative exceptions; speciﬁc plan minor amendments; housing and reasonable accommodations; accessory dwelling units; minimum useable rear yard area for single-family dwellings; banquet facilities on historic properties; retail sales events; conversion of garages to accommodate accessory dwelling units; the deﬁnition for “garage;” and, single-family two-unit projects and urban lot splits, rescinding urgency Ordinance No. 3200 and adopting standards, and certain allowed land uses.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22-003, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS ADDRESSING [1] TIME EXTENSIONS FOR DISCRETIONARY PROJECTS (SECTION 2.02.025.B.2.C); [2] PUBLIC NOTIFICATION REQUIREMENTS FOR MINOR VARIANCES (SECTION 2.03.010); [3] ADMINISTRATIVE EXCEPTIONS (SECTIONS 4.02.020 AND 4.03.050, AND TABLES 2.02-1 AND 2.03-1); [4] SPECIFIC PLAN MINOR AMENDMENTS (SECTION 4.02.080); [5] HOUSING AND REASONABLE ACCOMMODATIONS (SECTIONS 4.02.035 AND 4.03.055, AND TABLES

2.02-1 AND 2.03-1); [6] ACCESSORY DWELLING UNITS (SECTION 5.03.010); [7] CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

ATTACHMENT:

20220607 File No. PDCA22-003^01 AR EXH A

ATTACHMENT:

20220607 File No. PDCA22-003^02 PC Backup

ATTACHMENT:

20220607 File No. PDCA22-003^03 ORD^RM

35. INTRODUCTION OF ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF VOLUME I OF THE

ONTARIO MUNICIPAL CODE REGARDING INTEGRATED SOLID WASTE MANAGEMENT

COLLECTION FREQUENCY

ATTACHMENT:

20220607 Commercial Collection Frequency^01 ORD^RM

36. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8 MILLION AND RELATED MATTERS

MINIMUM USEABLE REAR YARD AREA FOR SINGLE-FAMILY DWELLINGS (SECTION

5.03.011); [8] BANQUET FACILITIES ON HISTORIC PROPERTIES (SECTION 5.03.067); [9] RETAIL SALES EVENTS (SECTION 5.03.395 AND TABLE 8.01-1); [10] CONVERSION

OF GARAGES TO ACCOMMODATE ACCESSORY DWELLING UNITS (SECTION

6.01.010); [11] DEFINITION FOR “GARAGE” (SECTION 9.01.010.G); [12] SINGLE-

FAMILY TWO-UNIT PROJECTS AND URBAN LOT SPLITS, RESCINDING URGENCY ORDINANCE NO. 3200 AND ADOPTING STANDARDS (SECTIONS 5.03.403 AND

6.08.060, AND TABLES 2.02-1 AND 2.03-1); AND [13] CERTAIN ALLOWED LAND USES (TABLE 5.02-1), AND MAKING FINDINGS IN SUPPORT THEREOF.

That the City Council introduce and waive further reading of the ordinance amending Chapter 3 of Title 6 of Volume I of the Ontario Municipal Code Regarding Integrated Solid Waste Management Collection Frequency and Finding the Action Exempt from CEQA.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 6 OF VOLUME I OF THE ONTARIO MUNICIPAL

CODE REGARDING INTEGRATED SOLID WASTE MANAGEMENT COLLECTION FREQUENCY AND FINDING THE ACTION EXEMPT FROM CEQA.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 42 (West Haven) Special Tax Bonds, Series 2022.

A
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the West Haven project and the Ontario Ranch development;
B
.

Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; C
.

Authorize a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement; and
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13

ATTACHMENT:

20220607 CFD No. 42 West Haven^01 RESO Authorizing Issuance of Bonds^RM
D
.

Authorize the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed ﬁnal certiﬁcation in connection with the Preliminary Oﬃcial Statement, a ﬁnal Oﬃcial Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,000,000.00 ,

AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND

PURCHASE AGREEMENT, AND A CONTINUING DISCLOSURE AGREEMENT,

AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION

THEREWITH AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor Pro tem Wapner
Council Member Bowman
Council Member Dorst-Porada
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 14 Department: Recreation & Community Services
Prepared By: Nick S Gonzalez
Staff Member Presenting:

Helen McAlary, Executive Director Community
Life and Culture
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No:

SUBJECT:

ONTARIO 5K REINDEER RUN & RUDOLPH'S DASH CHECK PRESENTATION TO

ONTARIO-MONTCLAIR SCHOOLS FOUNDATION

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council present the Ontario-Montclair Schools Foundation with a check from the proceeds of the 2021 Ontario 5K Reindeer Run & Rudolph's DASH.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The City enters into an agreement annually with the Ontario-Montclair Schools Foundation to split proceeds from this yearly event. As part of that agreement, 75% of the proceeds go to Ontario-Montclair Promise Scholars and 25% of the proceeds go to the City's Empowerment Scholarship program. The adjusted net proceeds for the 2021 event were $91,076, which are accounted for in the Recreation & Community Services Department's revenue account.

There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

Each year the Recreation & Community Services Department partners with the Ontario-Montclair Schools Foundation to support and promote the 5K Reindeer Run & Rudolph's DASH event. The Recreation & Community Services Department organizes and executes the event each year, including seeking sponsors and marketing the event. The Ontario-Montclair Schools Foundation garners district-wide support, volunteers, assists with promotion, marketing, and administrative support for the event. In 2021, the 5K Reindeer Run & Rudolph's DASH brought in record numbers, with a total of 3,228 runners and $42,050 in sponsorship packages.

The Ontario-Montclair Promise Scholars is an award-winning program designed to assist Ontario- Montclair youth by helping prepare them for their journey toward a college education. Ontario- Montclair Promise Scholars utilizes the proceeds from the event to provide college and career curriculum in each K-6 classroom, take ﬁeld trips to colleges, host parent presentations, put on college fairs, and assist students with college applications and ﬁnancial aid forms. The City's Empowerment Scholarship allows Ontario community members from low-income backgrounds to participate in fee-based recreation activities that will enrich their lives. Community members can 15 apply for Empowerment Scholarship funds by visiting the City website www.OntarioCA.gov/Recreation

The adjusted net proceeds for this event were $91,076. Per the agreement between the City of Ontario and Ontario-Montclair Schools Foundation, $68,307 will beneﬁt the Promise Scholars program and $22,769 will be used to fund the City's Empowerment Scholarships. 16 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
MAY 3, 2022
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, May 3, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER

Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:30 p.m.

ROLL CALL

PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Dorst -Porada and Ruben Valencia

ABSENT: Council/Authority Members: None.

Also present were City Manager / Executive Director Scott Ochoa , City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor pro Tem Wapner.

INVOCATION

The Invocation was led by Pastor Francesca Fajinmi, Dios International Missionary Church.

PUBLIC COMMENTS

There were five emailed comments regarding local farming:

Bianca Ruddy
Shimkiri Syiem
Kelly Roberts
Ronda Rhodes
Guzman Ashleigh

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Page 2 of 10 ends

Mayor Leon then called upon the first speaker.

Randy Bekendam, spoke on local farming.

Nicolle Mendoza, has a small business and feels welcomed in the City.

Judy & Dale Briggs, expressed concerns regarding empty parcels.

Celina Lopez, spoke on her experience at events held in the City of Ontario.

Eva Ramirez, thanked Council for the progress in the City. Appreciates the support in arts.

Pilar Gonzalez, spoke on her experience at local events held in the City of Ontario.

Angleica Meza, spoke on her experience at local events held in the City of Ontario.

Armando Rodriguez , provided an updated on events from the Hispanic Chamber of Commerce.

Cassandra Sanchez, thanked City Council for their work on the Jesus Sanchez homicide.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

CONSENT CALENDAR

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES

The City Council approved minutes for the regular meetings of the City Council and Housing Authority of April 5, 2022, approving the same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills from April 1 , 202 2 through April 14, 202 2 in the amount of $15,847,200.60 and Payroll March 27, 2022 through April 9, 2022 in the amount of $3,862,964.45, when audited by the Finance Committee.

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3. AMENDMENT TO THE PURCHASE AND INSTALLATION OF REPLACEMENT

FIRE STATION ALERTING SYSTEM

The City Council took the following actions:

A. Authorized the City Manager to execute an additional sole source purchase with US Digital Designs of Tempe, Arizona, in the amount of $72,900 for a fire station alerting system for a total not to exceed amount to $647,884; B. Authorized a $20,000 contingency to address any unforeseen needs that may arise with US Digital Designs;
C. The City Council approved Amendment No. 1 to increase the contracted dollar amount with Bergelectric Corp. of Encino, California, by $54,999, which would increase the total not to exceed amount to $280,299;
D. Authorized a 15% contingency of $41,588 to address any unforeseen issues that may arise with Bergelectric Corp.; and
E. Authorized the City Manager or his designee to execute all documents required for the completion of the project, including, but not limited to contracts, agreements, assessments, easements, reduction of retention accounts, and filing notice of completion at the conclusion of all constr uction related activities.

4. A RESOLUTION APPROVING THE UPDATED DELEGATION OF AUTHORITY

TO REQUEST DISBURSEMENTS OF CALIFORNIA EMPLOYERS' RETIREE

BENEFIT TRUST (CERBT) FUND ADMINISTERED BY CALPERS

The City Council consider ed and approved a Resolution updating the City's delegation of authority to request disbursements from California Employers' Retiree Benefit Trust (CERBT).

RESOLUTION NO. 2022 -038 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE DELEGAT ION OF

AUTHORITY TO ADDITIONAL POSITIONS TO REQUEST, ON BEHALF OF THE CITY, DISBURSEMENTS FROM THE CALIFORNIA EMPLOYERS’ RETIREE BENEFIT TRUST FUND.

5. AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR

CITYWIDE LANDSCAPE FERTILIZATION, WEED CONTROL, PEST, AND

DISEASE CONTROL SERVICES

The City Council authorized the City Manager to execute the optional two (2) one-year terms to the Maintenance Service Agreement for C ontract No. PM1617-8 with RPW, Inc. of Fullerton, California, for citywide landscape fertilization, weed control, pest, and disease control services.

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6. MAINTENANCE SERVICES AGREEMENT FOR CONCRETE REPAIR AND

MAINTENANCE SERVICES

The City Council authorized the City Manager to execute a Maintenance Services Agreement for Contract No. SM2223- 1 with Towo Enterprise Inc. of Fullerton, California, for concrete repair and maintenance in the not to exceed amount of $3,321,000 for a three-year term, with an option to extend for two additional one-year terms at $1,441,700 for the first optional year and $1,574,550 for the second optional year, for a total not to exceed amount of $6,337,250, consistent with future budgets approved by the City Council.

7. THE RENEWAL OF AN EXISTING AGREEMENT FOR LAND MANAGEMENT

SYSTEM FOR COMMUNITY DEVELOPMENT AGENCY, FIRE PREVENTION,

AND THE ONTARIO MUNICIPAL UTILITIES COMPANY

The City Council authorized the City Manager to negotiate and execute a one (1) year agreement, with an optional renewal period for two (2) years with Accela, Inc. of San Ramon, California, to renew and extend the use of the Accela citizen access, land management, mobile oﬃce and GIS systems used by Community Development, Fire Prevention, and the Ontario Municipal Utilities Company in the amount of $558,480, including an amount of $180,685 for the first year and $186,106 and $191,689 for the optional second and third years, subject t o City Council approved budgets.

8. MAINTENANCE SERVICES AGREEMENT FOR GRAFFITI REMOVAL

SERVICES AT VARIOUS CITY LOCATIONS

The City Council authorized the City Manager, or his designee, to execute a five-year Maintenance Services Agreement for Contract No. 1617- 5 with Graﬃti Protective Coatings of Los Angeles, California, for graﬃti removal services at various city locations for an annual cost of $691,200, with a 5% contingency of $34,560, for a total annual amount of $725,760, or not to exceed of $3,628,800 over a five-year term.

9. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE MAINTENANCE SERVICE

AND PARTS FOR THE POLICE HELICOPTERS

The City Council approved the attached list of pre- authorized vendors to provide maintenance service, equipment, parts and tools for the Police Helicopters.

10. AUTHORIZE THE PURCHASE OF FIRE APPARATUSES

The City Council authorized the purchase and delivery of one (1) KME Fire Pumper in the amount of $971,000 and one (1) KME Fire Aerial Tractor in the amount of $1,917,000 from Kovatch Mobile Equipment (KME) of Fontana, California.

20 Ontario City Council/Ontario Housing
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11. AMENDMENT NO. 3 TO THE LETT ER OF AGREEMENT FOR WORKPLACE

INVESTIGATIONS, CONSULTING AND LEGAL SERVICES

The City Council authorized the City Manager, or his designee, to execute Amendment No. 3 adding $100,000 to the existing Letter of Agreement with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) for Workplace Investigations, Consulting and Legal Services for a revised contract authority of $200,000, and to extend the contract term to June 30, 2024. This would extend the contract by 2 additional years, making the life of the contract a total of seven (7) years.

PUBLIC HEARINGS

12. A PUBLIC HEARING FOR THE INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE,

ESTABLISHING A PUBLIC ART PROGRAM, ESTABLISHING A PUBLIC ART

ADVISORY COMMITTEE, AND INCLUDING A DEVELOPMENT FEE TO

SUPPORT PUBLIC ART, AND FINDING THE ACTION EXEMPT FROM CEQA

The City Council considered and took action to add Chapter 33 to Title 5 of Volume I to the Ontario Municipal Code relat ed to establishing a Public Art Program, establishing a Public Art Advisory committee, and a development fee to support public art.

ORDINANCE NO. 3208 ( FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, ESTABLISHING A

PUBLIC ART PROGRAM, ESTABLISHING A PUBLIC ART ADVISORY

COMMITTEE, AND INCLUDING A DEV ELOPMENT FEE TO SUPPORT PUBLIC ART, AND FINDING THE ACTION EXEMPT FROM CEQA.

Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department.

There was one written communication from John Machado in support of the item.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.

City Attorney Duran noted a small update from Staff for the record, under subsection C of the Ordinance, Minimum Public Art Allocation to read, “all projects installed through the onsite fee option must be maintained by the developer during the life of the buildings and structures.”

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous vote of 5- 0, to introduce Ordinance No. 3208 as amended by Staff.
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13. A PUBLIC HEARING TO CONSIDER A RESOLUTION CALLING A SPECIAL

ELECTION FOR PROPOSED CHANGES TO THE RATE AND METHOD OF

APPORTIONMENT OF THE EXISTING SPECIAL TAX OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES); A RESOLUTION OF CHANGE, DECLARING RESULTS

OF A SPECIAL ELECTION, DETERMINING THAT CHANGES TO THE RATE

AND METHOD OF APPORTIONMENT OF THE E XISTING SPECIAL TAX OF COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-

FACILITIES) ARE LAWFULLY AUTHORIZED AND DIRECTING THE
RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN; AND AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 3082

LEVYING SPECIAL TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES); A RESOLUTION DEEMING IT NECESSARY TO AMEND RESOLUTION NO. 2017-124 IN ORDER TO INCREASE THE MAXIMUM AGGREGATE AMOUNT OF

BONDED INDEBTEDNESS THAT CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH- FACILITIES) IS AUTHORIZED TO INCUR; A RESOLUTION CALLING A SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH- FACILITIES); AND A RESOLUTION DECLARING THE RESULTS OF THE SPECIAL ELECTION.

Notice of the April 19, 2022 Public Hearing was published at least seven (7) days prior to the opening of the hearing, as required by the M ello-Roos Community Facilities Act. On April 19, 2022 the hearing was opened and then continued by the City Council to this date. There were no written communications.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak , Mayor Leon opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote of 5-0, to abandon the proceedings for the proposed changes to the rate and method of apportionment of the existing special tax for the community facilities district.

Regarding the second part of this item, City Clerk Mautz announced this was the continued public hearing to consider the amendment of R esolution No. 2017-124 to increase the maximum aggregate amount of bonded indebtedness that Community Facilities District No. 35 ( Countryside Phase 2 S outh - Facilities) is authorized to incur.

Notice of the April 19, 2022 Public Hearing was published at least seven (7) days prior to the opening of the hearing, as required by the M ello-Roos Community Facilities Act. On April 19, 2022 the hearing was opened and then continued by 22 Ontario City Council/Ontario Housing
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Page 7 of 10 ends

the City Council to this date. T here were no written communications. There were no written communications.

Mayor Leon then opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak , Mayor Leon closed the Public Hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote of 5-0, to abandon the proceedings for the Amendment of Resolution No. 2017- 124 in order to increase the aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur.

14. A PUBLIC HEARING TO CONSIDER FILE NO. PCUP21 -009, A CONDITIONAL USE PERMIT TO ESTABLISH A 128-ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET, WITHIN THE

FREEWAY COMMERCIAL LAND USE DISTRICT OF THE EXCHANGE SPECIFIC PLAN (APN: 0238-012-30)

The City Council considered a Resolution approving the Conditional Use Permit, File No. PCUP21-009, establishing a 128-room limited-service hotel located at 5060 East Fourth Street.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP21 -009, A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A 128 -ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET,

WITHIN THE FREEWAY COMMERCIAL LAND USE DISTRICT OF THE

EXCHANGE SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0238-012-30.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communication.

Mayor Leon then opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak Mayor Leon closed the hearing and opened the item for Council discussion.

Mayor pro Tem Wapner expressed concerns regarding safety and inquired the economic impact a hotel like this would have on the local economy.

Community Development Executive Director Scott Murphy noted he did not have the requested information readily available and did not have a time frame for when the information would be available.

MOTION: Moved by Mayor pro Tem Wapner , seconded by Council Member Bowman and carried by unanimous vote of 5-0, to table the item.

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15. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE

FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 63 (OLIVE AND OLEANDER); ADOPTION OF A RESOLUTION TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE

LEVYING SPECIAL TAXES

That the City Council consider and:

A. Adopt a Resolution of formation of Community Facilities District No. 63 (Olive and Oleander), authorizing the levy of special taxes within the community facilities district, and establishing an appropriations limit for the community facilities district;
B. Adopt a Resolution deeming it necessary to incur bonded indebtedness within Community Facilities District No. 63 (Olive and Oleander); C. Adopt a resolution calling a special election for City of Ontario Community Facilities District No. 63 (Olive and Oleander);
D. Adopt a resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Com munity Facilities District No. 63 (Olive and Oleander); and
F. Adopt a resolution authorizing the execution and delivery of an acquisition and funding agreement with Shea Homes Limited Partnership, a California limited partnership.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 63 (OLIVE AND OLEANDER), AUTHORIZING THE LEVY OF A SPECIAL TAX.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 63 (OLIVE AND OLEANDER).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 63 (OLIVE AND OLEANDER).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING

RECORDING OF NOTICE OF SPECIAL TAX LIEN FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 63 (OLIVE AND OLEANDER).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITY DISTRICT NO. 63 (OLIVE AND OLEANDER).
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN

ACQUISITION AND FUNDING AGREEMENT WITH SHEA HOMES LP OF CALIFORNIA.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

There were no written communications. Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak, Mayor Leon opened the item for Council discussion and continued the public hearing.

Mayor Leon noted that due to the complexity of the matter additional time is needed to consider the formation of City of Ontario Community Facilities District No. 63 (Olive and Oleander) and the Levy of Special Taxes therein.

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous vote of 5- 0, to continue the Public Hearing to the May 17, 2022 meeting.

STAFF MATTERS

City Manager Ochoa made no comments.

COUNCIL MATTERS

Council Member Dorst-Porada inquired if a temporary use permit was pulled for an event held at De Anza over the weekend.

Council Member Wapner spoke of Rancho Cucamonga Council Member Sam Spagnolo’s passing and expressed his condolences.

Council Member Bowman spoke on the Ribbon Cutting event held at Ontario Fire Station

9. Council Member Valencia thanked Staff for Fire Station 9, and spoke about the events he attended over the weekend. He also spoke of Curtis Meredith and Alfonso Ochoa’s passing and expressed his condolences.

Mayor Leon spoke of the Ribbon Cutting at Ontario Fire Station 9. He also expressed his condolences to family members of those who have suffered a loss.

25 Ontario City Council/Ontario Housing
Regular Meeting Minutes – May 3, 2022

Page 10 of 10 ends

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:21 p.m. in memory of Rancho Cucamonga Council Member Sam Spagnolo, Curtis Meredith and Alfonso Ochoa, and announced the next regular meeting to be held on Tuesday, May 17, 2022.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

________________________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
26 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

SPECIAL MEETING MINUTES
MAY 10, 2022
(Not official until approved)

JOINT MEETINGS

The special meetings of the Ontario City Council and Housing Authority were held on Tuesday, May 10, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER

Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:34 p.m.

ROLL CALL

PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Dorst -Porada and Ruben Valencia

ABSENT: Council/Authority Members: None.

Also present were City Manager / Executive Director Scott Ochoa, Best Best and Krieger Election’s Legal Counsel Scott Smith, and City Clerk/Secretary Sheila Mautz.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Bowman.

PUBLIC COMMENTS

There were no public comments.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

27 Ontario City Council/Ontario Housing
Special Meeting Minutes – May 10, 2022

Page 2 of 3 ends

PUBLIC HEARINGS

1. PUBLIC HEARING #2 TO RECEIVE PUBLIC COMMENTS ON TRANSITIONING

TO DISTRICT-BASED ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT

The City Council opened the second Public Hearing, received further input regarding the formation of districts and closed the Public Hearing.

Legal Counsel, Scott Smith provided a presentation regarding the districting process.

PUBLIC HEARING COMMENTS:

There were eight written comments which were printed and entered into the record:

Raymond Smith
Anthony Noriega
Melissa May
Maxine Bowden
Angela Miramontes
Erma Gardner
Claudia Prats
Martha Aragon
Austin Aragon
Sepiuta Siasau
Lolofi Soakai
Stephen May

Mayor Leon called upon the first speaker:

Chris Robles, announced he submitted draft maps and spoke on his community of interest.

Loree Masonis, spoke in opposition to districts.

Randy Beckendam, spoke on his community of interest.

Stephanie, spoke on her community of interest.

Juana Galvez, spoke on her community of interest.

Maribel Nuñez, spoke on the districting process.

Yasmine Ramirez, spoke on the districting process.

28 Ontario City Council/Ontario Housing
Special Meeting Minutes – May 10, 2022

Page 3 of 3 ends

Anthony Noriega, spoke on the districting process.

Xochitl Escamilla: spoke on her community of interest.

Ted Burnett, spoke on the districting process.

Andrea Galvan, spoke on the districting process and her community of interest.

Norberto Corona: spoke on his community of interest.

Maria Galvan, spoke on her community of interest.

STAFF MATTERS

City Manager Ochoa announced the mapping tool would be released on May 11, 2022, and that the Community Workshops were scheduled for May 14, 2022 to demonstrate the mapping tool.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:59 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

________________________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
29 Department: Engineering
Prepared By: Craig Cruz
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH YUNEX LLC

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve an amendment to the Maintenance Services Agreement (on ﬁle in the Records Management Department) with Yunex LLC, of Austin, Texas, to provide maintenance services for the City’s traﬃc signals and traﬃc signal system for Fiscal Year 2022-23 in the amount of $760,000, for a revised total expenditure of $3,601,945; and authorize the City Manager to execute said amendment and future amendments within the authorization limits.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed Amendment No. 6 increases the Agreement amount by $760,000 for a revised total authorization of $3,601,945 to provide funding for the ﬁnal year of the contract.

The Fiscal Year 2022-23 Adopted Budget includes appropriations of $3,601,945 for maintenance related services for the City’s traﬃc signals and traﬃc signal system, no additional appropriations are needed.

BACKGROUND & ANALYSIS:

In July 2018, the City awarded a contract to Yunex LLC (formerly Siemens Industry, Inc. and Siemens Mobility, Inc.) for maintenance services for one (1) year with four (4) additional one (1) year periods, at the City’s discretion. The City will be in the ﬁnal year of the contract and has expended $2,841,945 towards traﬃc signal and traﬃc signal system maintenance.

This proposed Amendment would extend the contract term to FY22/23 and increase the not-to- exceed compensation amount consistent with the adopted budget. 30 Department: Police Department
Prepared By: Lizceth Zazueta
Department:

Prepared By: Lizceth Zazueta
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PHOENIX GROUP

INFORMATION SYSTEMS REFERENCE PROCESSING SERVICES FOR POLICE

PARKING CITATIONS, FIRE AND COMMUNITY IMPROVEMENT ADMINISTRATIVE

CITATIONS, AND FALSE ALARM PROGRAM

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The contract has a not to exceed amount of $750,000 over three years.

Appropriations of $156,000 are included in the General Fund FY 2022-23 Adopted Budget and will be included in subsequent years for Council approval. A request for an additional budget appropriation will occur should the department(s) experience an increase in citations processed far more than anticipated. The yearly threshold in the contract mitigates the need for a contract revision due to increases in city citations processed
.

BACKGROUND & ANALYSIS:

The City of Ontario currently issues citations for Ontario Municipal Code, ﬁrework, false alarm, and parking violations. Since 1989, the City of Ontario has used a third- party company to assist with processing these invoices, paying required county fees pertaining to speciﬁc citations, and assist with processing contested tickets for the Ontario Police Department, the Ontario Fire Department, and the Ontario Community Improvement Department.

To address all citation needs required of the third-party vendor, the City has utilized a coordinated contracting approach with responsibility for contract management residing with the Ontario Police Department.

In January 2022, the City solicited proposals through the City's RFP management 31 system, RFP #1491, for the processing services for Police parking citations, Fire and Community Improvement administrative citations, and false alarm program. Proposals were based on the needs of each individual department to include processing, invoicing, monitoring, and contesting citations.

Out of the two viable vendors, Phoenix Group Information Systems was selected by a review committee consisting of representatives from the Ontario Police Department, and conﬁrmation from the Ontario Fire Department and Community Improvement Department Staﬀ . Phoenix Group
Information Systems has been contracting with the City of Ontario since November 1989.

Based on
Phoenix Group Information Systems' satisfactory performance, and after meeting the criteria set forth in RFP #1491, Staﬀ recommends entering this contract with Phoenix Group Information Systems for a three year term.
32 Department: Broadband Operations
Prepared By: Alicia Lara
Staff Member Presenting:

Jimmy Chang, Innovation Performance and
Audit Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED PARTS AND

EQUIPMENT FOR CITY FIBER OPTICS NETWORK

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve a pre-authorized list of vendors to provide specialized parts and equipment for the construction and maintenance of the City Fiber Optics Network.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The designation of pre-authorized vendors to provide specialized parts and equipment does not aﬀect appropriations and does not commit the City to any speciﬁc level of future expenditures with these vendors. Expenditures for each vendor and in total for each ﬁscal year will not exceed the Department's appropriations limits established by the City Council.

BACKGROUND & ANALYSIS:

The City Council adopted the Fiber Optics Master Plan in 2013 to construct a ﬁber optics network. Construction of this network began in 2015 and has resulted in the construction of over 100 miles of ﬁber optic cable throughout the Ontario Ranch Community and within the corridors of the City. OntarioNet, along with the City service provider partner, there are now over 1,700 residential customers, 50 commercial customers, and 5 City facilities connected to the City ﬁber-based broadband services. The City has standardized on many specialized parts and equipment and has been able to procure directly from the manufacturers (AFL, Calix, Clearfield, Communication Supply Corporation, Coriant North America Inc., Myers Power Products, Newbasis West LLC), eliminating third-party markups. When unable to procure directly from a manufacturer, the bid process is followed. Certain vendors (Graybar Electric Supply, Power & Telephone Supply Company, MSI Tec, Inc.), have consistently provided the best pricing and have proven to provide quality service, prompt turnarounds and excellent products. Due to the specialized nature of the parts and equipment and the lead time necessary to procure items to keep ﬁber system installations on schedule, it is recommended that the City add Ubicquia to the list of pre-authorized 33 vendors.
34 Department: Investments & Revenue Resources
Prepared By: Nicole Phillips
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Cecilia House, Armen Harkalyan
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

ACCEPT A WRITTEN PETITION REQUESTING COMMENCEMENT OF CHANGE

PROCEEDINGS TO CHANGE THE RATE AND METHOD OF APPORTIONMENT (RMA)

OF THE EXISTING SPECIAL TAX OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES); ADOPT A

RESOLUTION OF CONSIDERATION TO CHANGE THE RMA OF THE EXISTING

SPECIAL TAX AND ACCEPT A WRITTEN PETITION REQUESTING TO INCREASE THE

MAXIMUM AGGREGATE AMOUNT OF BONDED INDEBTEDNESS OF COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES) THAT IS AUTHORIZED TO INCUR TO $45,000,000; ADOPT A RESOLUTION OF INTENTION TO AMEND RESOLUTION NO. 2017-124 IN ORDER TO INCREASE THE MAXIMUM AGGREGATE AMOUNT OF BONDED INDEBTEDNESS.

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

Adopt a Resolution of Intention to amend Resolution No. 2017-124 in order to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur and set a public hearing on such proposed increase as part of the regularly scheduled City Council meeting on Tuesday, July 19, 2022. 35 THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

If City Council approves the Resolution of Consideration to change the Rate and Method of Apportionment the aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur (as requested in the Petition from Lennar), the Community Facilities District will be projected to generate approximately $45 million in bond proceeds to fund a portion of the public infrastructure improvements that will serve the project. The use of Mello- Roos ﬁnancing is critical in achieving the City Council's goal to "Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch". Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the Community Facilities District; therefore, there is no ﬁscal impact to the General Fund from the issuance of Mello-Roos bonds. City Council approval will be required in future years to process annual special tax levies.

BACKGROUND & ANALYSIS:

The Act provides local government the authority to establish community facilities districts for the purpose of ﬁnancing various kinds of public infrastructure facilities. The Countryside Phase 2 South-Facilities project addresses the development of approximately 34.22 gross acres located generally East of the Cucamonga Creek Channel, west of Archibald Avenue, south of Chino Avenue and north of Schaefer Avenue. At build out, the development is projected to include 235 single-family detached units.

Lennar Homes has provided a written petition to the City Council to commence proceedings pursuant to the Act to change the Rate and Method of Apportionment of the existing special tax levied within the Community Facilities District. In consideration of this request, the City requested a second price point study to be performed by Empire Economics, Price Point Study and Market Absorption Consultant. The study was concluded in January 2022 and found that estimated home prices for market comparables had increased approximately 40.2% for the development, as compared to the initial price point study performed in June 2017. Goodwin Consulting Group, Special Tax Consultant, has prepared an Amended and Restated Rate and Method Apportionment which reflects the overall estimated price point increase of 40.2%.

Included, as part of the Resolution of Consideration for the proposed changes, is the proposed Amended and Restated Rate and Method of Apportionment of Special Tax for City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South-Facilities). Under the Amended and Restated Rate and Method of Apportionment, certain special tax rates within the Community Facilities District would be increased. The terms of the Amended and Restated Rate and Method are consistent with the City Council's adopted Mello-Roos Local Goals and Policies, Resolution No. 2006-021, in all aspects.
36 The term, structure and special tax rates of the Amended and Restated Rate and Method Apportionment are consistent with those of the previously adopted Rate and Method of Apportionments for Ontario Ranch community facilities districts. This will ensure that the special tax rates levied on all residential property owners in community facilities districts in Ontario Ranch are developed in a consistent and equivalent manner. In addition, under the provisions of the Act, to ensure that home buyers are making an informed decision, all residential builders in Ontario Ranch community facilities districts will be required to disclose the maximum annual special tax amounts to each homeowner before entering into a sales contract.

As proposed, the Resolution of Consideration to change the Rate and Method of Apportionment of the existing special tax of the Community Facilities District will set the public hearing date to consider the matter for the regularly scheduled City Council meeting on Tuesday, July 19, 2022.

If the increased special tax rates as provided in the Amended and Restated Rate and Method of Apportionment are approved by the qualiﬁed electors of the Community Facilities District, the Community Facilities District would have the ability to incur a greater amount of bonded indebtedness than it presently is authorized to incur. Lennar has provided a written petition to the City Council to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur to $45,000,000. If such increase is approved by the qualiﬁed electors of the Community Facilities District, the Community Facilities District would have the ability to finance a greater amount of public facilities.

As proposed, the Resolution of Intention to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur will set the public hearing date to consider the matter for the regularly scheduled City Council meeting on Tuesday, July 19, 2022.
37 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, OF CONSIDERATION TO CHANGE THE RATE AND

METHOD OF APPORTIONMENT OF THE EXISTING SPECIAL TAX OF
CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35
(COUNTRYSIDE PHASE 2 SOUTH - FACILITIES).

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has previously established City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities) (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, subdivision (a) of Section 53332 of the Act provides that if a petition signed by the owners of 25% or more of the land within a community facilities district not exempt from the special tax is filed with the legislative body requesting that proceedings be commenced to change the rate or method of apportionment of an existing special tax, the legislative body shall within 40 days of the payment of the fee determined under subdivision (b) of said Section adopt a resolution of consideration in the form specified in the Act to make those changes within the community facilities district except that an existing special tax being used to pay off any debt incurred shall not be reduced or terminated if doing so would interfere with the timely retirement of that debt; and WHEREAS, pursuant to the Act, the City Council is the legislative body of the Community Facilities District; and
WHEREAS, the Community Facilities District has incurred no debt; and WHEREAS, the City Council has received a written petition (the “Petition”) from Lennar Homes of California, LLC, a California limited liability company (as successor-in- interest by conversion to Lennar Homes of California, Inc.) (the “Landowner”), requesting that proceedings be commenced pursuant to the Act to change the rate and method of apportionment of the special tax levied within the Community Facilities District so as to increase certain of the special tax rates thereunder, as described in the Petition; and WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land within the Community Facilities District not exempt from the special tax; and WHEREAS, the Landowner has paid a fee in an amount determined by the City Council to be sufficient to compensate the City for all costs incurred in conducting proceedings to change the rate and method of apportionment of the existing special tax levied within the Community Facilities District; and
WHEREAS, the City Council desires to commence proceedings pursuant to the Act to change the rate and method of apportionment of the special tax levied within the Community Facilities District; and
38 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The City Council hereby finds that the Petition has been signed by the owners of 25% or more of the land within the Community Facilities District not exempt from the special tax levied within the Community Facilities District.

SECTION 3. The name of the Community Facilities District is “City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities).” SECTION 4. The boundaries of the Community Facilities District are as shown on the map of the Community Facilities District recorded at Book 87 of Maps of Assessment and Community Facilities Districts at Page 62, in the office of the County Recorder for the County of San Bernardino, State of California (Document No. 2017-0370110), which map is the final boundary map of the Community Facilities District.

SECTION 5. The proposed changes to the rate and method of apportionment of the special tax levied within the Community Facilities District are reflected in the Amended and Restated Rate and Method of Apportionment of Special Tax (the “Restated Rate and Method”) attached hereto as Exhibit A, which is by this reference incorporated herein. Included in Exhibit A is a description of the increases in the special tax rates that would be made by the proposed changes to the rate and method of apportionment.

SECTION 6. The City Council hereby fixes Tuesday, July 19, 2022, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the proposed changes to the rate and method of apportionment of the special tax levied within the Community Facilities District; provided, that, in the event the July 19, 2022 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

SECTION 7. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53335 of the Act.

SECTION 8. The changes to the rate and method of apportionment of the special tax levied within the Community Facilities District shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in the Community Facilities District, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District. 39 SECTION 9. All actions heretofore taken by the officers, employees and agents of the City with respect to the proposed changes to the rate and method of apportionment of the special tax levied within the Community Facilities District, or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.

SECTION 10. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 11. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
40 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 7, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held June 7, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
41 EXHIBIT A

AMENDED AND RESTATED RATE AND METHOD

OF APPORTIONMENT OF SPECIAL TAX
42 City of Ontario CFD No. 35 1 May 16, 2022

EXHIBIT A

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 35
(COUNTRYSIDE PHASE 2 SOUTH – FACILITIES)

AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of On tario Community Facilities District No. 35 (Countryside Phase 2 South – Facilities) (“CFD No. 35”) and collected each Fiscal Year , commencing in Fiscal Year 20 18-19, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 35, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the appl icable Final Subdivision Ma p, parcel map, condominium plan, or other recorded County map.

“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.

“Administrative Expens es” means the follow ing actual or reasonably estimated costs directly related to the administration of CFD No. 35: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 35 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the cost s of remitting the Special Tax es to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it u nder the Indenture; the c osts to the City or CFD No. 35 of complying with arbitrage rebate requirements; the costs to the City or CFD No. 35 of complying with City, CFD No. 35, or obligated persons disclosure requirements associated with applicable f ederal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 35 related to the analysis and reduction, if any, of the Special Tax on Single Family Property in accordance with Section C.1 herein; the costs of the City or CFD No. 35 related to an appeal of the Special Tax; the costs associated with the release of fun ds from any escrow account; the City’s ad ministration fees a nd third party expenses; the costs of City staff time and reasonabl e overhead relating t o CFD No. 35; and amounts estimated or advanced by the City or CFD No. 35 for any other 43 City of Ontario CFD No. 35 2 May 16, 2022
administrative purposes of the CFD , including attorney’s fees and other costs re lated to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map ” means an official m ap of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification.

“Assigned Special Tax ” means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.2 below.

“Backup Special Tax ” means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.3 below.

“Bonds” means any bonds or other debt (as defined in Section 53317(d) of the Act) issued by CFD No. 35 under the Act and payable from Special Taxes.

“Buildable Lot” means an individual lot, within a Fina l Subdi vision Map or an area expected by CFD No. 35 to become Final Mapped Property, such as the area within a Tentative Tract Map , for which a building permit may be issued without further subdivision of such lot.

“CFD Administrator ” means an official of the C ity responsible for determining t he Special Tax Requirement, providing for the levy and collection of the Special Taxes , and performing the other duties provided for herein.

“CFD No. 19” means City of Ontario Community Facilities District No. 19 (Countryside Phase 1 – Services).

“CFD No. 35” means City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South – Facilities).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 35.

“Contractual Impositions ” means (a) a voluntary contractual assessment establ ished and levied on an Assessor ’s Parcel pursuant to Chapter 29 of Pa rt 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq. ), as amended from time to time, (b) a special tax established and levied on an Asse ssor’s Parcel pursuant to Section 53328.1 of the Ca lifornia Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax, or assessment established and levied on an individual Assessor ’s Parcel pursuan t to a 44 City of Ontario CFD No. 35 3 May 16, 2022
contractual agreement or other voluntary c onsent by the owner thereof (e.g., property owner association assessments).

“County” means the County of San Bernardino.

“Designated Buildable Lot” means a Buildable Lot for which a bui lding permit has not been issued by the City as of the date of calculation of the Backup Special Tax.

“Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Final Mapped Property, Taxable Property Owner Ass ociation Property, a nd Taxable Public Pr operty, for which a building permit or other applicable permit for new construction was issued after January 1, 2017, and before May 1 of the prior Fiscal Year.

“Expected Residential Lot Count” means 235 Buildable L ots of Single Family Property or, as det ermined by the CFD Administrator, the number of Buildable Lots of Single Family Property based on the most recent Tentative Tract Map(s) or mos t recently recorded Final Subdivision Map(s) or modified Final Subdivision Map(s).

“Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 35.

“Final Mapped Property” means, for each Fiscal Year, all Taxable Pr operty, exclusive of Developed Property, Taxable Property Owner Associati on Property, and Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof , that creates individual lots for which a building per mit may be issued, including P arcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use).

“Final Subdivision Map ” means a final tract map, parcel map, o r lot line adjustmen t approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or a condominium plan recorded in accordance with California Civil Code Section 4285 that, in either case, creates indivi dual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds are issued, as mo dified, amended, and/or supplemented from time to time.

“Land Use Class” means any of the classes listed in Table 1 below.

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Par cel wit hin the boundaries of CFD No. 35 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and 45 City of Ontario CFD No. 35 4 May 16, 2022
Taxation Code ( or any successor stat ute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

“Maximum Special Tax ” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax determined in accordance with Section C.1 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property.

“Minimum Sale Pric e” means the minimum price at which Units of a given Land Use Class have sold or are expected to be sold in a normal marketing en vironment and shall not include prices for such Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class.

“Non-Residential Property ” means all Assessor’s Parce ls of D eveloped Prope rty for which a building permit was issued by the City permitting the construction of one or more non-residential structures or facilities.

“Other Residential Property” means all Assessor’s Parcels of Develope d Property for which a building permit was issued by the City for purposes of constructing Units, excluding Single Family Attached Property and Single Family Detached Property.

“Outstanding Bonds” means all Bonds which are outstanding under and in accorda nce with the provisions of the Indenture.

“Price Point Consultant” means any consultant or firm of s uch consultants selected by CFD No. 35 that (a) has substantial experience in performing price point studies for residential units within community facilities districts established under the Act or otherwise estimating or confirming pricing for residential units in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential units in such community facilities districts, (c) is in fact independent a nd not under the control of CFD No. 35 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 35, (ii) the City, (iii) any owner of real property in CFD No. 35, or (iv) any real property in CFD No. 35, and (e) is not connected with CFD No. 35 or the City as an offi cer or employee thereof, but who may be regularly retained to make reports to CFD No. 35 or the City.

“Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein.

“Property Owner Association Property ” means, for each Fiscal Year, any property within the boundaries of CFD No. 35 that was owned by a property owner asso ciation, including any master or sub-association, as of January 1 of the prior Fiscal Year.

“Proportionately” means (a) for Developed Property in the first step of Section D below, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property; however, for Developed Propert y in the fourth step of Section D below, Proportionately means that the amount of the increase above the Assigned Special Tax , if necessary, is eq ual for all Assessor’s Parcels of Developed Property, except that if the Backup Special Tax limits the increase on any 46 City of Ontario CFD No. 35 5 May 16, 2022
Assessor’s Parcel(s) , then the amount of the increase shall be equal for th e remaining Assessor’s Parcels; (b) for Final Mapped Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Final Mapped Property; (c) for Undeveloped Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Asse ssor's Parcels of Undeveloped Property; (d ) for Taxable Property Owner Association Property, that the r atio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assesso r’s Parcels of Taxable Property Owner Association Property; and (e ) for Taxable Publ ic Property, that the ra tio of the actual Special Tax le vy to the Maximum Special Tax is equal for all Assessor’s Parcels of Taxable Public Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CF D No. 35 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered b y an easement for pu rposes of public or utility righ t-of-way that makes impractical its use for any purpose other than that set forth in such easement , provided that any pr operty leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified accord ing to its use.

“Rate and Method of Apportionment ” means this Amended and Restated Rate and Method of Apportionment of Special Tax.

“Residential Floor Area ” means all of the Square F ootage of living area within the perimeter of a Unit, not incl uding any carport , walkway, gara ge, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be as set forth in the building permit(s) issued for such Assessor’s Parcel , or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 35. The actual Square F ootage shall be round ed up to the next whole square f oot. Once such det ermination has been made for a n Assessor’s Parcel, it shall remain fixed in all future Fiscal Years unless an appeal pursuant to Section F below is approved that results in a change in the actual Square Footage.

“Services” means the services authorized to be financed, in whole or in part, by CFD No.

35. “Single Family At tached Propert y” means all Asses sor’s Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Nu mbers assigned to them (except f or a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), incl uding such residential structures that meet the statutory definition of a condominium contained in California Civil Code Section 4125.

47 City of Ontario CFD No. 35 6 May 16, 2022
“Single Family Detached Property ” means all Assessor’s Parcels of Developed Property for which a bu ilding permit was issued for con struction of a Unit , on one legal lot, that does not share a common wall with another Unit.

“Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 35 to be levied within the boundaries of CFD No. 35.

“Special Tax Requirement” means for any Fiscal Year that amount required, after taking into account available amou nts held in the funds and accounts established under the Indenture, for CFD No. 35 to: (i) pay debt service on all Outstanding B onds which is due in the calendar year that commences in such Fiscal Year ; (ii) pay periodic costs on the Bonds, including, but not limited to , credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) provide any amounts required to establish or replenish any reserve fund for the Bonds; (v) pay directly for acquisition or construction of Facilities, or the cost of Ser vices, to the extent that the inclusion of such amounts does not increase the Special Tax l evy on Final Ma pped Property or Undeveloped Property; (vi) provide an amount equal to Special Tax delinquencies based on the histor ical delinquency rat e for the Special Tax as determi ned by the CFD Administrator.

“Square Footage ” or “Sq. Ft.” means the floor area square footage reflected on the original construction building permit , or as set forth in other official records maintaine d by the Cit y’s Building Department or other appropr iate means s elected by CFD No. 35, issued for construction of Single Family Property, Ot her Residential Property, or Non-Residential Property , plus any square f ootage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

“Taxable Property” means, for each Fiscal Year, all of the Assessor’s Parcels within the boundaries of CFD No . 35 that are not ex empt from the Special Tax pursua nt to law or Section E below.

“Taxable Property Owner Association Property ” means, for each Fiscal Year, all Assessor’s Parcels of Property Owner Association Property that are not exempt from the Special Tax pursuant to Section E below.

“Taxable Public Property” means, for each Fiscal Year, all Assessor’s Parcels of Public Property that are not exempt from the Special Tax pursuant to law or Section E below.

“Tentative Tract Map” means a map: (i) showin g a proposed subdivision of an Assessor’s Parcel(s) and the conditions pertaining thereto; (ii) that may or may not be based on a detailed survey; and (iii) that is not recorded by the County to create legal lots.

48 City of Ontario CFD No. 35 7 May 16, 2022

“Total Tax Burden ” means, for a Unit within a Land U se Class, for the Fiscal Year in which Total Tax Burden is being calculated, the sum of (a) the Assigned Special Tax for such Land Use Class for such Fiscal Year, plus (b) the CFD No. 19 s pecial tax for such Land Use Class for such Fisc al Year, plus ( c) th e ad valorem property taxes, special assessments, special taxes for any other overlapping comm unity facilities districts, and any other governmental fees , charges (ot her than fees or charges for services such as sewer and trash) , taxes , and assessments (wh ich do not inc lude Contractual Impositions) collected by the County on ad valorem tax bills an d that the CFD Administrator estimates would be levied or impose d on such Unit in such Fiscal Year if the residential dwelling unit thereon or therein had been co mpleted and sold, a nd was subject to such fees, charges, taxes, and assessments in such Fiscal Year.

“Trustee” means the trustee or fiscal agent under the Indenture.

“TTM 17449” means Tentative Tract Map No. 17449, the area of which is located within CFD No. 35.

“TTM 17450” means Tentative Tr act Map No. 17450, the area of which is loc ated within CFD No. 35.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Prope rty, Taxable Public Property, or Taxable Property Owner Association Property.

“Unit” means an individual single -family detached or atta ched home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 201 8-19, all Taxable Property within CFD No. 35 shall be classified as Developed Property, Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Pr operty, or Undeveloped Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below. Assessor’s Parcels of Single Family Property shall be assi gned to Land Use Classes 1 through 7, as listed in Table 1 below based on t he Residential Floor Area of the Units on such Assessor’s Parcels. Other Residential Property shall be assigned to Land Use Class 8, and No n- Residential Property shall be assigned to Land Use Class 9.

C. MAXIMUM SPECIAL TAX

1. Special Tax

At least 30 days prior to the issuance of the first series of Bonds, the Assigned Special Tax on Developed Property (set forth in Table 1 below) shall be analyzed in accordance with and subject to the conditions se t forth in this Section C. At 49 City of Ontario CFD No. 35 8 May 16, 2022
such time, CFD No. 35 shall select and engage a Price Point Consultant and the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth th e Minimum Sale Price of Units within each Land Use Class. If based upon such Price Point Study the CFD Adminis trator calculates that the Total Tax Burden applicable to Units within one or more Land Use Classes of Single Family Proper ty to be constructed within CFD No. 35 exceeds

1.95% of the Mi nimum Sale Price of such Units , the Assigned Special Tax shall be reduced to the extent necessary to cause the Total Tax Burden that shall apply to Units within such Land Use Class(es) not to exceed 1.95% of the Mi nimum Sale Price of such Units.

Each Assigned Special Tax reduction for a Land Use Class shall be calculated by the CFD Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Classes. In connection with any reduction i n the Assigned Special Tax , the Backup Special Tax shall also be reduced by the CFD Administrator based on the percentage reduction in Maximum Special Tax revenues within the Tentative Tract Map area(s) where the Assigned Special Tax reductions occurred. Upon determining the reduc tions, if any, in the Assigned Special Tax and Backup Special Tax requi red pur suant to this Section C, the CFD Administrator shall complete the Certificate of Modification of Special Tax substantially in the form a ttached hereto a s Exhibit A (the “Certific ate of Modification”), shall execute such completed Certificate of Modi fication, and shall deliver such executed Certificate of Modification to CFD No. 35. Upon receipt thereof, if in satisfactory form, CFD No. 35 shall execute such Certificate of Modific ation. The reduced Assigned Special Tax and Backup Special Tax specified in s uch Certificate of Modification shall become effective upon the execution of such Certificate of Modification by CFD No. 35.

The Special Tax reductions required pursuant to this section shall be reflected in an amended notice of Special Tax lien , which CFD No. 35 shall cause to be recorded with the County Recorder as soon as practicable after execution of the Certificate of Modification by CFD No. 35. T he reductions in this sect ion apply to Single Family Property, but not to Other Residential Prope rty or Non- Residential Property.

a. Developed Property

1) Maximum Special Tax

The Maximum Special Tax that may be levied in any Fiscal Year for each Assessor’s Parcel classified as Devel oped Property shall be the greater of (i) the amount derived by applic ation of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. The Maximum Special Tax shall not increase in future yea rs, other than as calculat ed pursuant to Section C.1.a.3 below.

50 City of Ontario CFD No. 35 9 May 16, 2022
2) Assigned Special Tax

The Assigned Special Tax that may be levied in any Fiscal Year for each Land Use Class is shown below in Table 1.

TABLE 1
ASSIGNED SPECIAL TAX – DEVELOPED PROPERTY

3) Backup Special Tax

The Backup Special Tax shall be $3,846 per Unit f or Single Family Property. However, if the Expected Residential Lot Count does not equal 235 for Single Family Property , and the City has not issued Bonds , then the Backup Special Tax for Designate d Buildable Lots of Single Family Proper ty shall be calcul ated according to the following formula:

Backup Special Tax = $903,846 ÷ Expected Residential Lot Count for Single Family Property

If any portion of a Final Subdivision Map, or any area expected by CFD No. 35 to become Final Map ped Property, such as the area within TTM 17449, TTM 17450, or a ny other Tentative Tract Map, changes any time after the City has issued Bonds, causing an adjustment to the number of Designated Buildable Lots, then the Backup Special Tax for all Designated Buildable Lots of Single Family Property subject to the change shall be calculated according to the following steps:

Step 1: Determine the total Backup Special Taxes that
could have been collected from Designated

Land
Use
Class

Description

Residential
Floor Area
(Square
Footage)

Assigned
Special Tax
1 Single Family Property < 1,501 $3,342 per Unit
2 Single Family Property 1,501 – 1,700 $3,454 per Unit
3 Single Family Property 1,701 – 1,900 $3,626 per Unit
4 Single Family Property 1,901 – 2,100 $3,849 per Unit
5 Single Family Property 2,101 – 2,300 $3,935 per Unit
6 Single Family Property 2,301 – 2,500 $4,073 per Unit
7 Single Family Property > 2,500 $4,262 per Unit
8 Other Residential Property $52,912 per Acre
9 Non-Residential Property $52,912 per Acre
51 City of Ontario CFD No. 35 10 May 16, 2022
Buildable Lots of Single Family Property prior to
the Final Subdivision Map or expected Final
Mapped Property change.

Step 2: Divide the amount determined i n Step 1 by the
number of Designated Bui ldable Lots of Single
Family Property that exists after the Final
Subdivision Map or expected Final Mapped
Property change.

Step 3: Apply the amount determined in Step 2 as the
Backup Special Tax per Unit for Sin gle Family
Property.

The B ackup Special Tax for an Assessor’s Parcel shall not change once an Assessor’s Pa rcel is classified as Developed Property.

b. Final M apped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property

The M aximum Special Tax fo r Final Mapped Property, Taxable Public Property, Taxable Propert y Owner Association Property, and Undeveloped Property shall be $52,912 per Acre, and shall not be subject to increase or reduction and, therefore, sha ll remain the same in ev ery Fiscal Year.

2. Multiple Land Use Classes on an Assessor’s Parcel

In some instances an Assessor’s Parcel of Developed Property m ay contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Single Family Property and Acres of Other R esidential Property and Non -Residential Property (based on the pro rata share of Square Footage between Other Residential Property and Non- Residential Property, acco rding to t he applicable building permits, Final Subdivision Map, parcel map, condominium pl an, or other recorded County map) located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 20 18-19, the CFD Administrator shall determine the Special Tax Requirement for such Fiscal Year. The Special Tax shall then be levied as follows:

First: If needed to satisfy the Special Tax Requirement, the Special Tax shall be levied Proportionately on e ach Assess or’s Parce l of D eveloped Property up to 100% of the applicable Assigned Special Tax;

52 City of Ontario CFD No. 35 11 May 16, 2022
Second: If additional monies are needed to sati sfy the Special Tax Requirement after the first step has been completed, then the Special Tax shal l be levied Pr oportionately on each Assessor’s Parcel of Final Mapped Property up to 100% of the Maximum Special Tax for Final Mapped Property;

Third: If additional monies are ne eded to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maxi mum Special Tax for Undeveloped Property;

Fourth: If additional monies are needed to satisfy the Special Tax Requi rement after the first three steps have been completed, then the levy of the Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel;

Fifth: If additional monies are needed to satisfy the Spe cial Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor ’s Parcel of Taxable Property Owner Association Property up to the Maximum Special Tax for Taxable Property Owner Association Property;

Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property up to the Maximum Special Tax for Taxable Public Property.

Notwithstanding the above, under no circumstances shall the Special Tax levied in any Fiscal Year on any Assessor’s Parcel of Single Family Proper ty or Other Residential Property fo r which an occupan cy permit for private residential use has been issued be increased as a result of delinquency or default by the owner or owners of any oth er Assessor’s Parcel or Asse ssor’s Parcels within CFD No. 35 by m ore than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

E. EXEMPTIONS

No Special Tax s hall be levied o n up to 2.44 Acres of Public Property and up to 14.12 Acres of P roperty Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property.

Property Owner Association Property or Public P roperty that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the f ifth or sixth step, respectively, in Section D above, up to 100% of the applicable Maximum Special Tax for Taxable Property Ow ner Association Property and Taxable Public Property. No Special Tax shall be levied in any Fiscal Year on Assessor ’s Parcels that have ful ly prepaid the S pecial Tax obligation pursuant to the formula set forth in Section H.
53 City of Ontario CFD No. 35 12 May 16, 2022

No Special Tax shall be levied on L ower Income Household Welfare Exemption Property; provided, however, tha t if, in any Fiscal Year, applicable l aw does not re quire that Lower Inc ome Ho usehold Welfare Exemption Property be exempt fr om som e portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordanc e with this Rate and Method of Apporti onment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS

Any property owner may file a written app eal of the Special Tax with CFD No. 35 claiming that the amount or application of the Special Tax is not correct. T he appe al must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied m ust be paid on or bef ore the payment date established when the levy was made.

The appeal must specify the re asons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administra tor’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interes ted parties. If the decision of the CFD Administrator or subsequent decision by the Ci ty Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator s hall determine if sufficient Special Tax revenu e is available to make a cash refund . If a cash refund cannot b e mad e, then an adjustm ent shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. MANNER OF COLLECTION

The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners.

H. PREPAYMENT OF SPECIAL TAX

The following definitions apply to this Section H:

“CFD Public Facilities ” means $12,757,000 each Prepayment Period, or such lower number as determined by the City Council to be sufficient to fund the Facilities and Services to be provided by CFD No. 35.
54 City of Ontario CFD No. 35 13 May 16, 2022

“Expenditures Fund” means funds or accounts, regardless of their names, that are established to hold moneys that are available to acquire or construct Facilities and to fund Services.

“Future F acilities Costs” means th e CFD Public Facilities minus (i) Facilities and Services costs previously paid from the Expenditures Fund during the Prepayment Period in whi ch the prepayment is being made, (ii) moneys currently on deposit in the Expenditures Fund from deposits made duri ng the Prepayment Period in which the prepayment is being made , and (iii) moneys currently on deposit in an escrow fund that are expected to b e available to finance Facilities costs. In no event shall the amount of Future Facilities Costs be less than zero.

“Prepayment Period” means one of three periods of time during which a Special Tax prepayment may be made.

“Prepayment Period 1” means July 1, 2018, through June 30, 2052.

“Prepayment Period 2” means July 1, 2052, through June 30, 2085.

“Prepayment Period 3” means July 1, 2085, through June 30, 2119.

1. Prepayment in Full

The obligation of an Assessor 's Parcel to pay the Special Tax may be prepaid as described herein, provided that a prepayment may be made only for Ass essor’s Parcels for which a building permit for new construction was issued after Jan uary 1, 2017, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the tim e of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax ob ligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such w ritten notice, the CFD Administrator shall no tify such owner of the prepayment amount for such Assessor 's Pa rcel. T he CFD Administrator may charge a fee for providing this service. Prepayment in any six month period must be made not less than 45 days pri or to the next occu rring date that notice of redemption of Bonds from the proceeds of such prepayment m ay be given to the Trustee pursuant to the Indenture.

The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total Prepayment Amount
55 City of Ontario CFD No. 35 14 May 16, 2022

As of the proposed date of prepaymen t, the Special Tax Prepayment Amount (defined below) shall be calculated by the CFD Administrator as follows:

Paragraph No.

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel , and determine the Prepayment Period for the proposed prepayment.

2. Compute the Assigned Special Tax and Backup Special Tax for the Assessor’s Parcel to be prepai d based on the Dev eloped Property Speci al Tax which is, or could be, charged in the current Fiscal Year . For Assessor’s Parcels of Final Mapped Property (for which a building permit ha s been issued but which is not yet classified as Developed Property) to be prepaid, compute the Assigned Special Tax and Backup Special Tax for that Assessor’s Parcel as though it was already designated as Devel oped Property, base d upon the building permit which has already been issued for that Assessor’s Parcel.

3. (a) Divide the Assigned Special Tax computed pursuant to Paragraph 2 by the total estimated Assigned Special Tax for CFD No. 35 based on the Developed Property Special Tax which could be charge d in the current Fiscal Year on all expected development through buildout of CFD No. 35, excluding any Assessor’s Parcels which have been prepaid, and

(b) Divide the Backup Special Tax computed pursuant to Para graph 2 by the estimated total Backup Special Tax at buildout of CFD No. 35, excluding any Assessor’s Parcels which have been prepaid.

4. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount computed pursuant to Paragraph 4 by the applicable redemption prem ium (e.g., the redemption price minus 100%), if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Compute the Future Facilities Costs for the applicable Prepayment Period.

7. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the amount determined pursuant to Paragraph 6 to c ompute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Amount”).

8. Compute the am ount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds.

9. Determine the Special Tax levied on the Assessor’s Parce l in the current Fiscal Year which has not yet been paid.
56 City of Ontario CFD No. 35 15 May 16, 2022

10. Add the amounts computed pursuant to Paragraphs 8 and 9 to deter mine the “Defeasance Amount”.

11. Verify the administrative fees and expenses of CFD No. 35, including the costs to compute the prepayment, the costs to invest the prepayment proceeds, the costs to redeem Bonds, and the costs to record any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

12. If reserve f unds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve f und c redit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit ”). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the re serve requirement on the prepayment date or t he redemption date.

13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Paragraphs 4, 5, 7, 10, and 11, less the amount computed pursuant to Paragraph 12 (the “Prepayment Amount”).

14. From the Prepayment Amount, the am ounts computed pursuant to Paragraphs 4, 5, 10, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pur suant to Paragraph 7 shall be deposited into the Expenditures Fund. The amount computed pursuant to Paragraph 11 s hall be retained by CFD No. 35.

The Special Tax Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment ab ove $5,000, or integral multiple thereof, will be retained in t he appropriate fund establ ished under the Indenture to be used with the next prepayment of Bonds or to make debt service payments.

As a result of t he payment of the c urrent Fiscal Year’s Speci al Tax levy as determined under Paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for such Assessor’s Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid during Prepayment Period 3, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate that the Special Tax has been prepaid and that the obligation of such Assessor's Parcel to pa y the Special Tax shall cease.

With respect to the Special Tax for any Assessor’s Parcel that is p repaid during Prepayment Period 1 or Prepayment Period 2, the obligation of such Assessor’s Parcel to pay the Special Tax shall be tolled, or suspended, through t he end of such Prepayment Period, but shall resume in the first Fiscal Year of the subsequent Prep ayment Period .

The CFD Adminis trator shall cause a suitable notice to be recorded in compliance with the Act to indicate that the Special Tax has been s atisfied for the re mainder of the applicable Prepayment Period but h as not been permanently satisfied and the obliga tion 57 City of Ontario CFD No. 35 16 May 16, 2022
to pay the Special Tax will resume in the first Fiscal Year of the Prepayment Period following the Prepayment Period in which the prepa yment was made. On ce the obligation of an Assessor’s Parcel to pay the Special Tax resumes, the Special Tax for the then applicable Prepayment Period may be prepaid.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on Taxable Property within CFD No. 35 (after excluding 2.44 Acres of Public Property and 14.12 acres of Property Owner Association Property) both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds.

2. Prepayment in Part

The Special Tax on an Ass essor’s Parcel for which a building permit for new construction was issued after January 1, 2017, may be partially prepaid. The amount of the prepa yment shall be calculated as in Section H .1, except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:

PP = (PF – AE) x % + AE.

The terms above have the following meaning:

PP = the partial prepayment
PF = the Prepayment Amount (full prepayment) for the Special Tax calculated according to Section H.1
AE = the Administrative Fees and Expenses determined pursuant to paragraph 11 above % = the percentage by which the owner of the Assessor’s P arcel(s) is partially prepaying the Special Tax

The Special Tax partial prepayment amount must be sufficient to redeem at least a $5,000 increment of Bonds.

The owner of any Assessor’s Parcel who desires such prepayment shall notify the CFD Administrator of su ch owner’s intent to partially prepay th e Special Tax and the percentage by which the Special Tax shall be pre paid. The CFD Adm inistrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor’s Parcel within thirty (30) days of the request and may charge a fee for providing this servi ce. Wit h respect to any A ssessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the remitted prepayment funds according to Section H.1, and (ii) indicate in the records of CFD No. 35 that there has been a partial prepa yment of the Special Tax and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (100% - “%”, as defi ned above ) of the Maximum Special Tax, s hall continue to be levied on such Assessor’s Parcel pursuant to Secti on D during the Pr epayment Period in which the partial prepayment is made.

For partial prepayments made during Prepayment Period 1 or Prepa yment Period 2, the full amount of the Special Tax shall resume in the first Fiscal Year of the Prepaym ent 58 City of Ontario CFD No. 35 17 May 16, 2022
Period fo llowing the Prepayment Period in which the partial prepayment was made.

Once the obligation of an Assessor’s Parcel to pay the Special Tax resumes, the Special Tax for the then applicable Prepayment Period may be prepaid.

I. TERM OF SPECIAL TAX

The Fiscal Year afte r which no further Special Tax shall be levied or collected is Fiscal Year 2118-2119, except that the Special Tax that was lawfully levied in or bef ore such Fiscal Year and that remains delinquent may be collected in subsequent years.

59 EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
(PAGE 1 OF 2)

CITY OF ONTARIO AND CFD NO. 35 CERTIFICATE

1. Pursuant to Section C.1 of the Amended and Restated Rate and Method of Apportionment of Special Tax (the “Rate and Method”) for City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South – Facilities) (“CFD No. 35”) , the Assigned Special Tax and the Backup Special Tax for Developed Property within CFD No. 35 has been modified.

a. The information in Table 1 relating to the Assigned Special Tax for Developed Property within CFD No. 35, as s tated in Section C.1.a.2 of the Rate and Method of Apportionment, has been modified as follows:

TABLE 1
ASSIGNED SPECIAL TAX – DEVELOPED PROPERTY

Land
Use
Class

Description

Residential
Floor Area
(Square
Footage)

Assigned
Special Tax
1 Single Family Property < 1,501 $[ ] per Unit
2 Single Family Property 1,501 – 1,700 $[ ] per Unit 3 Single Family Property 1,701 – 1,900 $[ ] per Unit 4 Single Family Property 1,901 – 2,100 $[ ] per Unit 5 Single Family Property 2,101 – 2,300 $[ ] per Unit 6 Single Family Property 2,301 – 2,500 $[ ] per Unit 7 Single Family Property > 2,500 $[ ] per Unit
8 Other Residential Property $[ ] per Acre
9 Non-Residential Property $[ ] per Acre
60 EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
(PAGE 2 OF 2)

b. The Backup Special Tax for Developed Property, as stated in Section C.1.a. 3, shall be modified as follows:

The Backup Special Tax sh all be $[____] per Unit for Single Family Property. However, if the Expected Residential Lot Count does not equ al 235 for Single Family Property, and the City has not issued Bonds , then the Backup Special Tax for Designated Bui ldable Lots of Single Family Property shall be calculated according to the following formula:

Backup Special Tax = $[______] ÷ Expected Residential
Lot Count for Single Family Property

2. The Special Tax for Developed Property may only be modified prior to the first issuance of CFD No. 35 Bonds.

3. Upon execution of this Certificate by CFD No. 35, CFD No. 35 shall cause an amended notice of Special Tax lien for CFD No. 35 to be recorded reflecting the modifications set forth herein.

Capitalized unde fined terms used herein have the meanings ascribed thereto in the Rate and Method. The modifications set forth in this Certificate have been calculated by th e CFD Administrator in accordance with the Rate and Method.

GOODWIN CONSULTING GROUP, INC.

CFD ADMINISTRATOR

By:_________________________________ Date:______________________

The undersigned acknowledges receipt of this Certificate and of the modification of the Assigned Special Tax and the Backup Special Tax for Developed Property as set forth in this Certificate.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 35
(COUNTRYSIDE PHASE 2 SOUTH – FACILITIES)

By:_________________________________ Date:______________________ 61 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO AMEND RESOLUTON NO. 2017-124

IN ORDER TO INCREASE THE MAXIMUM AGGREGATE AMOUNT OF

BONDED INDEBTEDNESS THAT CITY OF ONTARIO COMMUNITY
FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES) IS AUTHORIZED TO INCUR.

WHEREAS, on October 17, 2017, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted Resolution No. 2017-123, entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of the City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), Resolution No. 2017-124, entitled “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary to Incur Bonded Indebtedness within the City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities)” (the “Resolution Deeming it Necessary to Incur”), and Resolution No. 2017-125, entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities)”, which resolutions established City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South - Facilities) (the “Community Facilities District”), authorized the levy of a special tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively, for the purpose of financing certain public facilities (the “Facilities”) and services, as further provided in the Resolution of Formation; and
WHEREAS, on October 17, 2017, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, pursuant to the Resolution Deeming it Necessary to Incur and said election, the Community Facilities District is authorized to incur bonded indebtedness in a maximum aggregate amount of not to exceed $27,000,000; and WHEREAS, the City Council has received a written petition (the “Petition”) from Lennar Homes of California, LLC, a California limited liability company (as successor-in- interest by conversion to Lennar Homes of California, Inc.) (the “Landowner”), requesting that proceedings be commenced pursuant to the Act to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur to $45,000,000; and
62 WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land within the Community Facilities District not exempt from the special tax; and WHEREAS, the Landowner has paid a fee in an amount determined by the City Council to be sufficient to compensate the City for all costs incurred in conducting proceedings to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur; and WHEREAS, the City Council desires to commence proceedings pursuant to the Act to so amend the Resolution Deeming it Necessary to Incur; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The City Council hereby declares that to provide the funds necessary to pay the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose and of the financing thereof, as permitted by Section 53345.3 of the Act, it is necessary to incur bonded indebtedness in a maximum aggregate amount of $45,000,000.

SECTION 3. In order to increase the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur from $27,000,000 to $45,000,000, the City Council intends to amend Section 5 of the Resolution Deeming it Necessary to Incur to read in full as follows:
“Section 5. The maximum aggregate amount of debt to be incurred is $45,000,000.”
SECTION 4. The City Council hereby fixes Tuesday, July 19, 2022, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the proposed increase in the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur; provided, that, in the event the July 19, 2022 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

SECTION 5. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53346 of the Act. 63 SECTION 6. The increase in the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in the Community Facilities District, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

SECTION 7. All actions heretofore taken by the officers, employees and agents of the City with respect to the proposed increase in the maximum aggregate amount of bonded indebtedness that the Community Facilities District is authorized to incur, or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.

SECTION 8. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 9. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
64 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
65 Department: Engineering
Prepared By: Leonard Lui
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving the FY 2022-23 Project List for Senate Bill 1 ("SB1"), the Road Repair and Accountability Act of 2017.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

This spending plan identiﬁes the recommended uses for the City's Fiscal Year 2022-23 apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from SB1, which is projected to be at $4,148,720 for the upcoming ﬁscal year.

The proposed projects for Fiscal
Year 2022-23 are consistent with the projects included in the City’s proposed Five-Year Capital Improvement Program adopted by City Council as part of the Fiscal Year 2022-23 budget.

BACKGROUND & ANALYSIS:

On April 28, 2017, the Governor signed SB1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act (“RMRA”) of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, RMRA increases per gallon fuel excise taxes, increases diesel fuel sales taxes and vehicle registration fees and provides for inﬂationary adjustments to tax rates in future years.

Prior to receiving an annual apportionment of RMRA funds from the California State Controller, the City must submit by July 1st to the California Transportation Commission (CTC) an adopted list of projects. The proposed project list must be adopted by Resolution (with public record of the action taken) of the City Council at a regular public meeting each fiscal year.

The proposed projects for FY 2022-23 (Exhibit “A” of the Resolution) are consistent with the projects 66 included in the City’s proposed Five-Year Capital Improvement Program submitted to the City Council for the upcoming fiscal year’s budget.
67 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.

WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $4,148,720 in RMRA funding in Fiscal Year 2022-23 from SB1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate streets/roads, bridges, and add active transportation infrastructure throughout the City this year and many similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads to an “excellent” condition; and 68 WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Ontario, State of California:

1. That the foregoing recitals are true and correct.

2. That the attached list (Exhibit A) of proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
69 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
70 EXHIBIT A
Local Streets and Roads Program
Fiscal Year 2022-23 Proposed Projects List
AGENCY NAME: City of Ontario
AGENCY CONTACT: Tricia Espinoza
[email protected]
Project Title and Description Project Type Project Limits Begin Project End Project Estimated Useful Life
FY 21-22 CARRYOVER
Traffic Improvement Program Traffic Signal Campus Ave./Walnut St.; Campus Ave./Francis St. 7/1/2022 12/31/2022 25-35 years ATP Cycle 4 Pedestrian Improvements (CON) Pedestrian Access B Street and Vine Avenue; SR-60 to Mission Blvd 7/1/2021 7/31/2022 25-35 years ATP Cycle 5 Pedestrian Improvements (PA&ED) Bicycle Safety B Street and Vine Avenue 7/1/2022 6/30/2023 25-35 years FY 2022-23
Alley Rehabilitation Program Asphalt Overlay
Vesta Street - Mountain Avenue to Begonia Avenue
Alley South of Armsley Square - Vine Avenue to Bonnie
Brae Court
Alley South of State Street - Vine Avenue to 200' East
of Laurel Avenue
Alley North of H Street - Campus Avenue to Berlyn
Avenue
3/15/2023 4/30/2023 15-25 years
Edison Avenue Widening Feasibility Study Street Widening Euclid Ave to Cucamonga Creek Channel 7/1/2021 6/30/2023 N/A ATP Cycle 5 Bicycle Improvements (PS&E) Bicycle Safety B Street and Vine Avenue 7/1/2022 6/30/2023 25-35 years FY 22-23 Pavement Rehabilitation Project Asphalt Overlay Phillips Street - Benson Avenue to Magnolia Avenue
Vintage Avenue - Concours Street to Ontario Mills
Parkway
Wineville Avenue - Fourth Street to Concours Street
Vineyard Avenue - SR-60 Sidewalk Repair
7/1/2022 6/30/2023 15-25 years
Design and construction of 2 miles of combined Class III and IV bike facilities and street improvements including curb extensions, high visibility crosswalks, traffic circles and street lights.

Feasibility study to widen 3 miles of Edison Avenue from two lanes to four lanes.

Reconstruction of alleys with new concrete ribbon gutters, drive approaches and asphalt pavement.

Construction of Rubberized Asphalt Hot Mix pavement including removal and replacement of failing pavement areas, replacement of damaged sidewalk, curb and gutter, placement of ADA ramps, updated signage and striping. This rubberized ashpalt mix is a high performing asphalt product that extends the pavement life while providing an environmentally friendly recycled tire usage.
71 FY 22-23 Slurry Seal/Cape Seal Program Slurry/Cape Seal Select streets in area bounded by Benson Avenue to
the West, I-10 Freeway to the North, Campus Avenue
to the East, and Holt Boulevard to the South (Slurry)
Phillips Street (Cape Seal) - Magnolia Avenue to Euclid Avenue
Francis Street (Cape Seal) - Archibald Avenue to
Business Parkway
Business Parkway (Cape Seal) - Mission Boulevard to
Francis Street
Business Parkway (Cape Seal) - Francis Street to
Philadelphia Street
Locust Street (Cape Seal) - Grove Avenue to Parco
Avenue
Acacia Street (Cape Seal) - Channel to Baker Avenue
Cedar Street (Cape Seal) - Business Parkway to Turner
Avenue
8/1/2022 1/31/2023 10-15 years
TDA Article 3 - Bus Stop Pad Installation Bus Stops Haven Avenue/Francis Street, Archibald Avenue/Riverside Drive, Campus Avenue/D Street 7/1/2022 6/30/2023 25-35 years Traffic Improvement Program Traffic Signal
San Antonio Avenue/ State Street
San Antonio Avenue/Franics Street
Campus Avenue/Mission Boulevard (Modification)
Sultana Avenue/Mission Boulevard (Modification)
7/1/2022 6/30/2024 25-35 years
Construction of a new traffic signal or modifications to the existing signal at intersection, which will provide controlled access.

Construction of rubber polymer modified slurry seal and ARAM cape seal for residential, collector and arterial streets.

Installation of concrete passenger boarding areas for ADA compliance improvements. 72 Department: Municipal Services
Prepared By: Michael Johnson
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

AUTHORIZE THE PURCHASE OF FLEET EQUIPMENT

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2021-22 Adopted Budget includes appropriations of $125,000 in the Facilities and Parks Maintenance Fund for the purchase of a mobile generator. The total cost of the generator recommended for purchase is $100,751.90.

BACKGROUND & ANALYSIS:

The portable generator recommended for purchase will be used by the Facilities Maintenance Department as a backup emergency generator at City facilities equipped with the proper transfer switch electrical equipment for resiliency purposes in the event of scheduled or unexpected power outages. The generator will be mounted on a trailer that can be hooked up and transported using City ﬂeet vehicles to the location needed in a matter of minutes to provide temporary power and keep a building operational until grid power is restored.

This purchase is being made using Sourcewell. In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible.

73 Department: Municipal Services
Prepared By: Michael Johnson
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

MERCHANTS BUILDING MAINTENANCE FOR CUSTODIAL SERVICES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations of $455,000 in the Facilities and Parks Maintenance Fund for custodial services. The estimated cost for Fiscal Year 2023-24 will be $465,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted ﬁxed hourly rates as set forth in the agreement and shall not exceed $1,868,590 over the 5-year term.

BACKGROUND & ANALYSIS:

On November 19, 2019, the City awarded a Maintenance Services Agreement to Merchants Building Maintenance for custodial services for a three-year term and a not to exceed amount of $948,590. The City has historically deployed a balance of in-house custodial staﬀ, supplemented by outside contractor services. This staﬃng model ensures that regular service needs are covered by a core contingent of City staﬀ while allowing for ﬂuctuations in workload to be managed by contract service providers, thereby eliminating any cyclical hiring and separation of employees that may otherwise occur.
74 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENTS FOR

LANDSCAPE MAINTENANCE SERVICES FOR ONTARIO SOCCER PARK, HOUSING

AND GAS TAX FUNDED SITES, FORMER REDEVELOPMENT SITES, AND CERTAIN

PARKWAYS, FIRE STATIONS, AND LANDSCAPED MEDIANS THROUGHOUT THE CITY

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council takes the following actions:

A
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1819-09 with Brightview Landscape Services, Inc., of Upland, California, for landscape maintenance services at Ontario Soccer Park.

B
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-7 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services for Housing and Gas Tax Funded Sites.

C
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-10 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services at former Redevelopment Sites.

D
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for contract No.

PM1617-9 with Brightview Landscape Services, Inc. of Upland, California, for landscape maintenance services of certain Parkways, Fire Stations, and Landscaped Medians throughout the City.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
75 Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The recommended amended costs for the Maintenance Services Agreements are as follows:

A
.

The cost of option Year One to the Maintenance Services Agreement is $188,220, plus $62,859 for urgency and monitoring services for a total not to exceed amount of $251,079.

The cost of Year Two is $193,872, plus $62,859 for urgency and monitoring services for a total not to exceed amount of $256,731. This brings the new total not to exceed contract amount to $1,244,595. Appropriations for the maintenance of the Ontario Soccer Park landscape services in Facilities & Parks Maintenance Fund are included in the Fiscal Year 2022-23 Adopted Budget.

B
.

The cost of option Year One to the Maintenance Services Agreement is $61,499, plus $11,250 for urgency services for a total not to exceed amount of $72,749. The cost of Year Two is $63,799, plus $11,250 for urgency services for a total not to exceed amount of $75,049. This brings the new total not to exceed contract amount to $510,114. Appropriations for the maintenance of the Housing and Gas Tax funded sites landscape services in General, Gas Tax, Ontario Housing Authority, and Housing Asset Funds are included in the Fiscal Year 2022-23 Adopted Budget.

C
.

The cost of option Year One to the Maintenance Services Agreement is $148,423, plus $7,290 for urgency services for a total not to exceed amount of $155,713. The cost of Year Two is $150,815, plus $7,290 for urgency services for a total not to exceed amount of $158,105. This brings the new total not to exceed contract amount to $1,050,893. Appropriations for the maintenance of the Former Redevelopment Sites landscape services in Facilities & Parks Maintenance Fund are included in the Fiscal Year 2022-23 Adopted Budget.

D
.

The cost of option Year One to the Maintenance Services Agreement is $329,330, plus $8,749 for urgency services for a total not to exceed amount of $338,079. The cost of Year Two is $332,978, plus $8,749 for a total not to exceed amount of $341,727. This brings the new total not to exceed contract amount to $1,663,029. Appropriations for the maintenance of certain parkways, ﬁre stations, and landscaped medians throughout the City are included in the Facilities & Parks Maintenance Fund in the Fiscal Year 2022-23 Adopted Budget.

BACKGROUND & ANALYSIS:

Ontario Soccer Park
In March 2019, the City solicited bids for Landscape Maintenance Services for Ontario Soccer Park.

Nine (9) bids were received that met the bid criteria and standards necessary to perform this work.

Brightview Landscape Services, Inc., located in Upland, California, submitted the lowest responsible bid for a three-year total of $736,785. Based on their credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Brightview Landscape Services, Inc. at its regular City Council meeting on May 7, 2019.

Housing and Gas Tax Funded Sites
In March 2017, the City solicited bids for landscape maintenance services for Housing and Gas Tax funded sites. Three (3) bids were received that met the bid criteria and standards necessary to 76 perform this work. Brightview Landscape Services, Inc., located in Upland, California, submitted the lowest responsible bid for a ﬁve-year total of $362,336. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Brightview Landscape Services, Inc. at its regular City Council meeting on June 6, 2017.

Former Redevelopment Sites
In March 2017, the City solicited bids for landscape maintenance services for former Redevelopment Sites. Three (3) bids were received that met the bid criteria and standards necessary to perform this work. Brightview Landscape Services, Inc., located in Upland, California, submitted the lowest responsible bid for a ﬁve-year total of $737,075. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on June 20, 2017.

Parkway, Fire Stations and Landscape Medians
In March 2017, the City solicited bids for landscape maintenance services for Parkway, Fire Stations, and Landscaped Medians. Three (3) bids were received that met the bid criteria and standards necessary to perform this work. Brightview Landscape Services, Inc., located in Upland, California, submitted the lowest responsible bid for a ﬁve-year total of $983,223. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Brightview Landscape Services, Inc. at its regular City Council meeting on June 20, 2017.

Exercising the option years will allow the City to limit the potential for higher annual increases to the contracts, avoid the costs of re-bidding the contracts, provide service continuity, and project future costs.
77 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENTS FOR

LANDSCAPE MAINTENANCE SERVICES FOR PARKS, EDENGLEN/SCE WALKING

TRAIL, ASSESSMENT MAINTENANCE DISTRICTS, ONTARIO TOWN SQUARE, AND

PARKWAYS IN THE ONTARIO RANCH AREA

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council takes the following actions:

A
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-4 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services for various City Parks.

B
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-12 with Merchants Landscape, Inc. of Rancho Cucamonga, California, for landscape maintenance services for the Edenglen/SCE Walking Trail.

C
.

Authorize the City Manager to execute the optional two (2), one-year extensions to the Maintenance Services Agreement (on ﬁle with Records Management) for Contract No.

PM1617-5 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services at Citywide Assessment Maintenance Districts.

D
.

Authorize the City Manager to execute the optional two (2), one-year terms to the Maintenances Service Agreement (on ﬁle with Records Management) for Contract No.

PM1819-8 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services at Ontario Town Square.

E
.

78 THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The recommended amended costs for the Maintenance Services Agreements are as follows:

A
.

The cost of option Year One to the Maintenance Services Agreement for Contract No. PM 1617-4 is $610,176, plus $28,801 for urgency services. The cost of Year Two is $646,116, plus $28,801 urgency services for a new total not to exceed contract amount of $4,337,959.

Appropriations for the maintenance cost for Parks landscape services from the Facilities & Parks Maintenance Fund are included in the Fiscal Year 2022-23 Adopted Budget.

B
.

The cost of option Year One to the Maintenance Services Agreement for Contract No.

PM1617-12 is $216,600, plus $10,200 for urgency services. The cost of Year Two is $228,600, plus $10,200 for urgency services for a new total not to exceed contract amount of $1,540,060. Appropriations for the maintenance cost for the Edenglen/SEC Walking Trail landscape services from the General Fund are included in the Fiscal Year 2022-23 Adopted Budget.

C
.

The cost of option Year One to the Maintenance Services Agreement for Contract No.

PM1617-5 is $392,556, plus $16,350 for urgency services. The cost of Year Two is $416,052, plus $16,350 for urgency services for a new total not to exceed contract amount of $2,795,594. Appropriations for the maintenance cost for the Assessment Maintenance Districts landscape services from the Parkway Maintenance Fund are included in the Fiscal Year 2022-23 Adopted Budget.

D
.

The cost of option Year One to the Maintenance Services Agreement for Contract No.

PM1819-8 is $88,800, plus $13,000 for urgency services. The cost of Year Two is $90,600, plus $13,000 for urgency services for a new total not to exceed contract amount of $505,400.

Appropriations for the maintenance cost for Ontario Town Square landscape services from the General Fund are included in the Fiscal Year 2022-23 Adopted Budget.

E
.

The recommended amendment increases the authorized contract amount by $72,635 for the ﬁnal year of the three-year term. The recommended amendment would bring the total contract amount to a new not to exceed amount of $578,611 from July 1, 2022 through June 30, 2023. Appropriations for the maintenance cost for Park Place landscape services from the General Fund are included in the Fiscal Year 2022-23 Adopted Budget.

BACKGROUND & ANALYSIS:

City Parks
In March 2017, the City solicited bids for landscape maintenance services for Centennial Park, Creekside Park, Cypress Park, Del Rancho Park, Grove Memorial Park, George Gibbs Park, Kimball Community Park, Vineyard Park, Sam Alba Park, James R. Bryant Park, Ranch Park, and Ontario Motor Speedway Park. Six (6) bids were received that met the criteria and standards necessary to perform this work. Merchants Landscape Services, Inc., located in Rancho Cucamonga, California, 79 submitted the lowest responsible bid for a ﬁve-year, not to exceed amount of $3,024,065. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on June 20, 2017.

Edenglen/SCE Walking Trail
In March 2017, the City solicited bids for landscape maintenance services for the Edenglen/SCE Walking Trail, which starts on Riverside Drive west of Milliken Avenue. Two (2) bids were received that met the criteria and standards necessary to perform this work. Merchants Landscape Services, Inc. located in Rancho Cucamonga, California, submitted the lowest responsible bid for a ﬁve-year total of $1,074,460. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on June 20, 2017.

Assessment Maintenance Districts
In May 2017, the City solicited bids for landscape maintenance services for all the Assessment Maintenance Districts. Four (4) bids were received that met the criteria and standards necessary to perform this work. Merchants Landscape Services, Inc., located in Rancho Cucamonga, California, submitted the lowest responsible bid for a ﬁve-year total of $1,933,590. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on May 16, 2017.

Ontario Town Square
In March 2019, the City solicited bids for landscape maintenance services for Ontario Town Square.

Six (6) bids were received, ﬁve (5) of them met the criteria and standards necessary to perform this work. Merchants Landscape Services, Inc., located in Rancho Cucamonga, California, submitted the lowest responsible bid for a three-year total of $300,000. Based on their credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on May 19, 2020.

Park Place
In March 2020, the City solicited bids for landscape maintenance services for Park Place in the Ontario Ranch area. Six (6) bids were received, ﬁve (5) of them met the criteria and standards necessary to perform this work. Merchants Landscape Services, Inc., located in Rancho Cucamonga, California, submitted the lowest responsible bid for a three-year total of $367,200. Based on their credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Merchants Landscape Services, Inc. at its regular City Council meeting on April 16, 2019.

The City is responsible for landscape maintenance of public parkways and medians throughout the Ontario Ranch area. The City recently accepted two new Community Facilities District (CFD) areas.

The ﬁrst area is SD51, the northeast corner parkway, at Hellman Avenue and Merrill Avenue (72,466 sf) at a contract amount of $30,436 per year. The second area is SD48, the southwest corner of Archibald Avenue and Merrill Avenue parkway (117,220 sf) of the Colony Commerce Center adding a contract amount of $42,199 per year. The recommended amendment increases the authorized 80 contract amount by $72,635, for a total not to exceed contract amount of $578,611.

Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract, provide service continuity, and project future costs.
81 Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR WATER WELL SITES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The annual cost for Option Year One, Fiscal Year 2022-23, of the Maintenance Service Agreement with SoCal Land Maintenance, Inc. is $116,597, plus $17,379 for urgency services for a total not to exceed amount of $133,976. Option Year Two, for Fiscal Year 2023-24 is $118,883, plus $17,379 for urgency services for a not to exceed amount of $136,262. This brings the new ﬁve- year total not to exceed contract amount to $930,607. The Fiscal Year 2022-23 Adopted Budget includes appropriations from the Water Operating Fund for landscape maintenance services for Water Well Sites.

BACKGROUND & ANALYSIS:

In March 2017, the City solicited bids for landscape maintenance services for all city Water Well Sites. Three (3) bids were received that met the bid criteria and standards necessary to perform this work. SoCal Land Maintenance, Inc. located in Anaheim, California, submitted the lowest responsible bid for a ﬁve-year total of $660,369. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to SoCal Land Maintenance, Inc. at its regular City Council meeting on June 6, 2017. The Maintenance Services Agreement provides landscape maintenance services to 42 water well sites, including one located in the City of Upland.

Exercising the option years will allow the City to limit the potential for higher yearly increases to the 82 bid amounts, avoid the costs of re-bidding the contract, provide service continuity, and project future costs.
83 Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

ACCEPTANCE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE SAN

BERNARDINO COUNTY ADMINISTRATIVE OFFICE FOR THE BON VIEW PARK

SPORTING FIELD PROJECT

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The City has been awarded $300,000 in ARPA funds from San Bernardino County to fund the Bon View Park Sporting Field project scheduled to be completed during FY 2022-23. The associated revenue and expenditure adjustments will be budgeted in the General Fund Grants Fund and will be presented in the FY 2021-22 Year-end Budget Update to the City Council.

BACKGROUND & ANALYSIS:

Pursuant to Section 9901 of the ARPA, San Bernardino County received a disbursement from the United States Department of the Treasury, Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments. On March 14, 2022, the City was conﬁrmed for the award of $300,000 in ARPA funds for the Bon View Park Sporting Field project.

The City of Ontario, in collaboration with the Ontario-Montclair School District, proposes to make improvements to the baseball ﬁeld at Bon View Park to increase the use, usefulness, and availability of the park to the students and families.
84 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR THE CITY
MANAGER’S DESIGNEE, TO EXECUTE AND ENTER INTO, ON BEHALF

OF THE CITY, AN AGREEMENT WITH THE COUNTY OF SAN

BERNARDINO ACCEPTING GRANT FUNDS FROM THE AMERICAN

RESCUE PLAN ACT (ARPA) TO BE USED FOR THE BON VIEW PARK FIELD RENOVATIONS IN AN AMOUNT NOT TO EXCEED $300,000.

WHEREAS, on March 11, 2021, the President of the United States signed into law the American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID-19 pandemic; and
WHEREAS, approximately $350 billion dollars of the ARPA funding was allotted to assist state, local, tribal, and territory governments in responding to the COVID-19 pandemic; and
WHEREAS, pursuant to Section 9901 of the ARPA, San Bernardino County (County) received a disbursement from the United States Department of the Treasury of money associated with the Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments under Section 603(a) [see 42 U.S.C. Section 803]; and WHEREAS, the County desires to transfer and City of Ontario desires to accept a transfer from ARPA CLFRF in an amount not to exceed $300,000 for expenditures identified in Exhibit “A”, which is incorporated herein by this reference, related to Bon View Park Baseball Field Renovations.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council of the City of Ontario does hereby authorize and empower the City Manager, or the City Manager’s designee, to execute, in the name of the City of Ontario, all grant documents, including, but not limited to, agreements necessary to secure grant funds related to the acceptance and transfer from ARPA CLFRE in an amount not to exceed $300,000 for expenditures identified in Exhibit A related to the Bon View Park Baseball Field Renovations, based on a reimbursement basis.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

SECTION 4. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
85 PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
86 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022-___ was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 7, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
87 Rev. 5/8/20 Page 1 of 37

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

County Administrative Office

Department Contract Representative Matthew Erickson, County Chief Financial Officer
Telephone Number (909) 387-5423

Contractor City of Ontario
DUNS No. 078136223
UEI No. CVCXJQVZRMB3
Contractor Representative Tito Haes, Executive Director Public Works
Telephone Number 909-395-2625
Contract Term March 1, 2022 through December
31, 2026
Original Contract Amount Based on actual project costs Not to Exceed $300,000
Amendment Amount
Total Contract Amount Based on actual project costs Not to Exceed $300,000
Cost Center 1100941078
Internal Order (If Applicable) 1012336

CONTRACT BETWEEN SAN BERNARDINO COUNTY AND CITY OF ONTARIO RELATED TO

THE AMERICAN RESCUE PLAN ACT AND THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND

WHEREAS, on March 4, 2020, the State of California declared a state of emergency as a result of the Coronavirus Disease 2019 (COVID-19) outbreak and on March 1 3, 2020, by Proclamation 9994, the President declared a national emergency concerning the COVID -19 pandemic. The COVID -19 pandemic continues to cause significant risk to the public health and safety of the United States; and

WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President and the law is intended to combat the COVID -19 pandemic, including the public health and economic impacts; and

WHEREAS, pursuant to Section 9901 of the ARP A, San Bernardino County (County) received a disbursement from the Unite d States Department of the Treasury of money associated with the Contract Number
ARPA21-PRJC-003-ONT

SAP Number

88 Rev. 5/8/20 Page 2 of 37
Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments under Section 603(a) [see 42 U.S.C. Section 803]; and

WHEREAS, the County agreed to comply with the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions (Terms and Conditions), including Assurance of Compliance with Title VI of the Civ il Rights Act of 1964 (Assurance of Compliance with Civil Rights Requirements), identified in the U nited States Department of the Treasury and San Bernardino County A greement (OMB Approved No. 1505- 0271) (U nited States Department of the Treasury Agreement) , which is on fi le with the Count y and incorporated herein by this reference; and

WHEREAS, the Assistance Listing Number (ALN)/Federal Assistance Identification Number (FAIN) for the ARPA CLFRF is 21.027/SLT-0628 respectively; and

WHEREAS, the ARPA provides that paymen ts from the CLFRF may be used for the following : i) to respond to the public health emergency with respect to COVID -19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality ; ii) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work ; iii) for the provision of government services to the extent of the reduction in revenue due to the COVID –19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; or iv)
to make necessary investments in water, sewer, or
broadband infrastructure; and

WHEREAS, funding provided under ARPA CLFRF must be obligated by December 31, 2024 and expended by December 31, 2026; and

WHEREAS, the County desires to transfer and City of Ontario (Contractor) desires to accept a transfer from ARPA CLFRF in the not to exceed amount of $300,000 for expenditures identified in Exhibit “A” related to Bon View Park Baseball Field Renovations.

NOW, THEREFORE, in consideration of the above, the County and Contractor agree as follows:

1. THE ARPA CLFRF
A. This Contract applies to the following ARPA CLFRF transfers:

The transfer by the County of an amount not to exceed $300,000 to Contractor on a reimbursement basis for expenditures identified in Exhibit “A”. Exhibit “A” is attached hereto and incorporated herein by this reference. County acknowledges and agrees that Contractor will be administering the transfer of funds for the expenditures identified in Exhibit “A” by separate contr acts. Contractor shall provide the County quarterly reports of actual cash expenditures to date under this Contract , and estimated cash expenditures through December 31
st of each year. County, through its Chief Executive Of ficer (CEO), in the CEO’s sole discretion, reserves the right to reduce the transfer amount identified in this Contract with fifteen (15) days advance written notice provided to Contractor. The reduction would be based: A) on Contractor’s estimated cash expenditures through December 31st of each year ; B) a later determination by the United States Department of the Treasury, or County, that the costs identified in this Contract are ineligi ble for ARPA CLFRF; or C) a determination by CEO the funds should be utilized in a different manner.

B. Contractor certifies that the use of funds that will be submitted for reimbursement from the CLFRF under Paragraph 1. A. and Exhibit “A ” of this Contract will be used only to cover 89 Rev. 5/8/20 Page 3 of 37
those costs that: i) are related to public health or negativ e economic impact eligible use; and ii) were incurred during the period that begins March 1, 2022 , and will end June 30, 2024. For purposes of this Contract and pursuant to federal guidance, expended or obligated costs are costs incurred by Contractor during the time per iod referenced above that are allowable for reimbursement. Any cost obligated by Contractor as of December 31, 2024, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.

C. Contractor agrees that the funds provided pursuant to this Contract cannot be used: i) as a revenue replacement for lower than expected tax or other revenue collections; ii) for expenditures for which Contractor has received any other emergency COVID -19 supplemental funding (whether federal, state, or private in nature) for that same expense ; or iii) as a deposit into any pension fund.

D. Contractor shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1.A., above. Invoices may be submitted to County as frequently as monthly. Invoices will be reviewed and approved for compliance with terms of this Contract . County shall reimburse to Contractor the amount of approved invoices submitted within sixty (60) days of receipt. If an invoice is rejected, or revisions are requested, Contractor will work with County to submit the required revisions.

E. Both County and Contractor agree to comply with any and all ARPA CLFRF requirements, including but are not limited to the terms included in this Contract , as well as any and all applicable County, Contractor, State, and Federal laws, regulations, policies and procedures pertaining to the funding described in this Contract . County and Contractor shall comply with Title 2 Code of Federal Regulations ( C.F.R.) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 S ubpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official f ederal guidance issued or to be issued on what constitutes a n eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. County and Contractor also agree that as additional federal guidance becomes available, a n amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to pro mptly execute the Contract amendment.

F. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records) . Such docum entation shall be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive) , Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County, the State or the United States Government during normal business hours at Contractor . Copies will be made and furnished by Contractor upon written request by County.

90 Rev. 5/8/20 Page 4 of 37
G. Contractor shall establish and maintain an accounting system conforming t o Generally Accepted Accounting P rinciples (GAAP) to support Contractor ’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expendi tures by Contractor . Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.

H. Contractor shall cooperate in having an audit completed by County , at County’s option and expense. Any a udit required by A RPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

I. Contractor shall repay to County any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to b e unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to a nd/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or requir ed by the ARPA CLFRF, County reserves the right to withhold future payments due Contractor from any source under County’s control.

J. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor ’s designated checking or other bank account.

Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

K. County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages.

The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

L. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from C ounty for, or apply sums receiv ed from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensati on for purposes of obtaining funds from another revenue source without prior written approval of the County.

M. County shall only reimburse costs incurred through the dates identified in Exhibit “A”. C ontractor requirements in Sections 1, 2 and 5 of this Con tract shall survive the termination of this Contract. The costs to be reimbursed under this Contract do not include Research and Development as defined in Title 2 Code of Federal Regulations ( C.F.R.) Section 200.1, nor do they include indirect costs.

2. AMERICAN RESCUE PLAN ACT REQUIREMENTS
A. This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT-0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, 91 Rev. 5/8/20 Page 5 of 37
regulations, policies, a nd procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that d oes not adhere to the ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor: i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the A ct, regulations ado pted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

B. Contractor agrees to comply with all applicable federal laws and regula tions, including but not limited to all laws and regulations identified in Section 2 of the Contract.

C. In accordance with Title 2 C.F.R. Section 200.322, the non- Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this sectio n must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

D. In accordance with Title 2 C.F.R. Section 200.471, c osts incurred for telecommunications and video surveillance services or equip ment such as phones, internet, vi deo surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses cover ed telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produce d by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) F or the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliat e of such enti ties); (ii) Telecommunications or video surveillance services provided by such e ntities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with t he Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibi tion under Public Law 115- 232, section 889, subsection (f), 92 Rev. 5/8/20 Page 6 of 37
paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and org anizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

E. A non -Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery A ct. The requirement s of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner t hat maximizes energy and resour ce recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

F. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must al so disclose an y lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

G. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal W ater Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued p ursuant to the Cl ean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).

H. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizatio ns and Small Business Firms Und er Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

I. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non -Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under T itle 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the 93 Rev. 5/8/20 Page 7 of 37
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker i s compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no labore r or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety .

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

J. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davi s-Bacon Act (40 U.S.C. Sections 3141 -3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicabl e to Contracts Covering Federal ly Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In add ition, contractors must be required to pay wages not less than once a week. The non- Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. T he decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal Contractor must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for compliance with t he Copeland “Anti - Kickback” Act ( 18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to giv e up any part of the compensati on to which he or she is otherwise entitled. The non- Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub- subcontractors are required to pay their employees and work ers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Exhibit “B” for additional information regarding California Prevailing Wage Rate Requirements and the applicable gener al prevailing wage determinations which are on file with the County and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis -Bacon Federal prev ailing wage, will be enforced for all applicable work/services under this Contract.

K. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or leg al remedies in instances where C ontractors violate or breach contract terms, and provide for such sancti ons and penalt ies as appropriate.

L. All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal Contractor including the manner by which it will be effected and the basis for settlement.
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M. Equal Employment Opportunity. Exce pt as otherwise pro vided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in acc ordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementin g regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equ al opportunity clause in each of its nonexempt subcontracts.

i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insuranc e, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate aga inst any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated d uring employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; r ecruitment or rec ruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notic es to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants w ill receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to th e compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

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(4) The contract or will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the S ecretary of Labor, or pursuant th ereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Go vernment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisi ons of paragraphs (1) through ( 8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontrac tor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the eve nt a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: P rovided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that i t will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision 96 Rev. 5/8/20 Page 10 of 37
of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not d emonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may t ake any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure o r refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

N. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Per formance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be availabl e to County, Stat e or Federal governments upon request.

O. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting pur poses. Data including, but not limited to:

Required Project Demographic Distribution Data; Required Performance I ndicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

P. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the County upon request, per County, and Un ited States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the County.

Q. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury.

Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

R. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

S. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

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T. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR Section 180.220) must not be made to partie s listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

U. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

V. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.

W. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.

X. Uniform Relocation Assistance and Real Property Acquis itions Act of 1970 (42 U.S.C.

Sections 4601-4655) and implementing regulations.

Y. Applicable Federal environmental laws and regulations.

Z. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementin g regulations at Title 31 C.F.R. Part 22, which prohibit s discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sectio ns 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec tion 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on t he basis of di sability under pr ograms, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act o f 1990, as amended (42 U.S.C.

Sections 12101 et seq.), w hich prohibits di scrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

AA. Contractor understands that making false s tatements or c laims in connecti on with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

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BB. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT -0628 awarded to San Bernardino County by the United States Department of Treasury.”

CC. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

DD. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

EE. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor and all subrecipients assures that it:
i. Ensures its current and future complianc e with Title V I of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Tit le VI of the C ivil Rights Act o f 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, ser vices, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider t he need for langu age services for LEP persons during development of applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, col or, or national origin, and lim ited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

FF. The Contractor must in clude the following language in every contract or agreement subject to Title VI and its regulations:
“The sub- grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 19 64, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.

Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a 99 Rev. 5/8/20 Page 13 of 37
part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receivi ng federal f inancial assistance, 42 U.S.C. Sections 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.”

GG. Contractor shall cooperate in any enforcement or compliance review activities by the County and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

HH. Contractor shall maintain recor ds and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

II. County has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

JJ. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after t he last reporting date the County is obligated with the Department of the United States Treasury, whichever is later.

KK. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.

LL. In accordanc e with Title 4 1 U.S.C. Section 4712, subrecipient or C ontractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gr oss mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, o r regulation rela ted to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a repres entative of a committee of Congre ss; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of recipient , subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

Subrecipient or Contr actor shall in form its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

MM. County and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Section 2 conflict with any other terms in the Contract, the terms in this Section 2 shall control.

3. GENERAL CONTRACT REQUIREMENTS
A. Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

B. Contract Amendments
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Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C. Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

D. Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any mini mum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

E. Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and at torney fees, r egardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third- party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

F. Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform s ervices; (d) do not use legal or illegal substances in any manner which will i mpact t heir ability t o provide services; and (c) are not otherwise disqualified from performing the s ervices under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel pr oviding s ervices. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or con tracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12- month period. Contractor personnel who do not meet the County’s hiring criteria, in Cou nty’s sole discreti on, shall not be assigned to work on County property or services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

G. Change of Address
Contractor shall notify the Cou nty in writing, o f any change in mailing address within ten (10) business days of the change.

H. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

I. Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving s ervices pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for an y other purpose other than carrying out the Contractor's 101
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obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

J. Primary Point of Contact
Contractor wil l designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written ackn owledgement to the County. Contractor will also designate a back -up point of contact in the event the primary contact is not available.

K. Rule of Construction
The parties agree that this Contract and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that agreement.

L. County Representative
The Chief Executive Officer or his/her designee shall represent the County in all m atters pertaining to the servic es to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matt ers pertaining to the services/scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

M. Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs.

The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduc t such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

N. Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, d eclared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov
). Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. An subcontracts funded by this Contract shall be with vendors that meet this certification and registration requirement.

O. Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material c ondition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
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i. Shall not be in any way impair ed because of being under the i nfluence of alcohol or an illegal or controlled substance.

ii. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

iii. Shall not sell, offer, or provide al cohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impai rment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

P. Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

Q. Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relati ng to equal em ployment and cont racting opportunities, including laws and regulations hereafter enacted.

R. Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

S. Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, e mployee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offer ed to any 103
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officer, employee or agent of the County with respect to the proposal and award process.

This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any att empt by a County of ficer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.

The report shall be made to the supervisor or manager charged with supervision of the employee or the County Adminis trative Office. I n the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

T. Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, qu estion or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

U. Legality and Severability
The parties’ actions under the Contract shall comply with all appl icable laws, r ules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legal ity and enforc eability of the r emaining provisions shall remain in full effect.

V. Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, Coun ty, and munici pal laws, ordinance s, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, perm its and/or certif ications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

W. Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated acc ording to this provision, the C ounty is entitled to pursue any available legal remedies.

X. Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

Y. Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtaine d, or learned by Contractor or an agent of Contractor in the 104
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performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

Z. Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty -four (24) h ours, give not ice thereof, incl uding all relevant information with respect thereto, to the other party.

AA. Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered pr operty of the Count y upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

BB. Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

CC. Records
Contractor shall maintain all records and bo oks pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be consi dered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consult ants, subcontractors, services/scope of Work and expenses pert aining to this Contract shall b e kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

DD. Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, express ed or implied, on behalf of the other Party hereto.

EE. Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

FF. Representation of the County
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In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

GG. Strict Performance
Failure by a party to insi st upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’ s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

HH. Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contract s with or otherwise engaging any subcontractors who may supply any part of the s ervices to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel inclu ding, if requested by the Count y, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and c onditions spec ified in S ection 5. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:
i. Be responsible for subcontractor compliance with the Contract and the subcontr act terms and conditions; and
ii. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
iii. Include in the subcontractor’s subcontract substantially similar terms as are provided in this Contract.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcont ractors from entering into direct Contracts with County.

II. Subpoena
In the event that a subpoena or other legal process commenced by a third p arty in any way concerning the goods or services provided under this Contract is served upon Contractor or County, such party a grees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

JJ. Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. The County’s Chief Executive Officer is authorized to terminate this Contract. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of terminat ion. Upon 106
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receipt of terminatio n notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including dr afts, documents, plans, forms, data, products, graphics, computer programs and reports.

KK. Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

LL. Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernar dino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties heret o agree to use their best effor ts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

MM. Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest ex ists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of b eing motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable confli ct of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grou nds for termin ation of the Cont ract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

NN. Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, n ow and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication.

No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, au dio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

OO. Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code S ections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code S ection 2204(a), the Contractor certifies that at the time the 107
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Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person (as defined in Public Contract Code S ection 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code S ection 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibil ity to bid on a c ontract for a period of three (3) years in accordance with Public Contract Code Section 2205.

PP. California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing s ervices pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code Sections 1798.100, et seq.). For purposes of this provision, “business,” “consumer,” an d “personal information” shall ha ve the same meani ngs as set forth at Civil Code S ection 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but no t limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to ter ms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code S ection 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code Section 1798.155(b).

QQ. Prevailing Wage Laws
By its execution of this Contr act, Contractor certifies that it 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 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wag e rates and the per formance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, sit e assessment, feasi bility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the services/scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defi ned by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or typ e of worker needed to execute the s ervices available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations.

Contractor shall def end, indemnify and hold the County, its elected 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 Prevailin g Wage Laws.

See Exhibit “B”, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Exhibit “B”. The applicable general prevailing wag e determinations are on file 108
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with the County and are available to any interested party on request. Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

4. TERM OF CONTRACT
This Contract is effective on March 1, 20 22(Effective Date), requires all incurred obligations by December 31, 2024, and expires on December 31, 2026, but may be terminated earlier in accordance with the provisions of this Contract.

5. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract fr om any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnif ication provision shall apply r egardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

B. Insurance
i. Contractor and County are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that thro ugh their respective programs of self - insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract.

ii. Insurance R eview – Insurance requirements ar e subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits becom e reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such chan ge is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

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6. RIGHT TO MONITOR AND AUDIT
A. The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall gi ve full cooperation, in any auditing or monitoring conducted. Contractor shall cooperat e with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

B. All records pertaining to services delivered and all fiscal, statistical and management book s and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pen ding County, State and Federal audits are completed, whichever is later.

7. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
i. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or ii. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or
iii. Withhold funds pending duration of the breach; and/or iv. Offset against any monies bi lled by Contractor but yet unpaid by County those monies disallowed pursuant to Item “B” of this paragraph; and/or v. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

8. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and ad dressed to the other party as follows:

San Bernardino County
County Administrative Office – 4th Floor
385 N. Arrowhead Avenue
San Bernardino, CA 92415
City of Ontario
303 East “B” Street
Ontario, CA 91764

Notice shall be deemed communicated two (2) C ounty working days from the time of mailing if mailed as provided in this paragraph.
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9. EN

TIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated here in, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth h erein are of no force or effect . This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

10. CO

NTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

I
N WITNESS WHEREOF, the S an Bernardino County and City of Ontario have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department County Counsel
Date Date Date
SAN BERNARDINO COUNTY City of Ontario
(Print or type name of corporation, company, contractor, etc.) By
Leonard X. Hernandez, Chief Executive Officer (Authorized signature - sign in blue ink) Dated: Name Scott Ochoa
(Print or type name of person signing contract)
Title City Manager
(P rint or Type)
Dated:

Address 303 East B Street, Ontario, CA 91764
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EXHIBIT A

SCOPE OF EXPENDITURES

[SEPARATELY ATTACHED]

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EXHIBIT B

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevaili ng wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

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

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

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for s uch work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work.

Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each w orker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. I neligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html . Any contract
entered into between a contractor and a debarred subcontractor is void as a matter of law.

A debarred subcontractor may not receive any public money for per forming work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County.

The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

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

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is lim ited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as 114
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provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work perf ormed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

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

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with S enate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered wit h the DIR pursuant to Labor Code section 1725.5.
iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulat ion, regarding compliance monitor ing and enforcement by the DIR.
v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner.
2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner.
3) The certified payroll records must be in a format prescribed by the Labor Commissioner.
vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, i nstallation or repair work, or if the public works project is $15,000 or less when the pr oject is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subj ect to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1.

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(a) To qualify for registration under this section, a contractor shall do all of the following:

(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial R elations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.

(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of re gistration.

Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.

(2) Provide evidence, disclosures, or releases as are nece ssary to establish all of the following:

(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes suff icient coverage for any worker whom the contractor employs to perform work that is subj ect to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self -insurance required under S ection 7125 of the Business and Professions Code.

(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.

(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbit ration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due throug h a bond or other appropriate means.

(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

(E) The contractor has not bid on a public works co ntract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set fort h in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the p eriod of disqualification shall be waived if both of the following are true:

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.

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(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).

(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.

(c) A contra ctor who fails to pay the renewal fee required under par agraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal t o the amount of the renewal fee within 90 days of the due date of the renewal fee.

(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:

(1) The body that awarded the contr act failed, in the bid specificat ion or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.

(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Secti on 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this sect ion or are replaced by a contract or or subcontractors who are registered under this section.

(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).

(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and t o any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.

(f) This section does not apply to work performed on a public works project of twenty- five thousand dollars ( $25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless curre ntly registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by 117
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Section 10 164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

(b) Notice of the requirement described in subdivision (a) shall be included in all bi d invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.

(c) An inadvert ent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:

(1) The subcontractor is registered prior to the bid opening.

(2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be register ed to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.

(e) The departm ent shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subje ct to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with t his section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollar s ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty t o the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the 118
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registration requirement, not to exce ed an aggregate penalty of ten th ousand dollars ($10,000).

(2) The Labor Commissioner sh all use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintent ional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter.

(3) A higher tiered public works cont ractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontrac tor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).

(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivisi on (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial R elations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.

(j)(1) Where a contracto r or subcontractor engages in the performance of any pub lic work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontr actor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.

(2) A stop order may be personally served upon th e contractor or subcontractor by either of the following methods:

(A) Manual delivery of the order to the contractor or subcontractor personally.

(B) Leaving signed copies of the order with the pers on who is apparently in charge at the site of the publ ic work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:

(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.

(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. 119
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(3) The stop order shall be effective immediatel y upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor , or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.

(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.

(k) Failure of a contractor or subcontractor, owner, director, of ficer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not ex ceeding ten thousand dollars ($10,000), or both.

(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performanc e of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.

(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.

(n) This section shall not apply to work performed on a public works project of twenty- five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“(a) All of the fo llowing are applicable to all public works projects that are otherwise subject to the requirements of this chapter:

(1) The call for bids and contract documents shall specify that the project is subj ect to compliance monitoring and enforcement by the Department of Industrial Relations.

(2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(3) Each cont ractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered co ntractor or subcontractor is not 120
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required to furnish the records specified in Section 177 6 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.

(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.

(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:

(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.

(2) The awarding body has entered into a c ollective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.

(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contract s for public works projects awarded on or after January 1, 2015.

(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted wit h “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by complet ion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in a ccordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with Ca lifornia Labor Code section 1777.5 requires all public works
contractors to:
a. Submit Contract Award Information (DAS-140):
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i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award in formation when performing on a California public works project.
ii. The DAS -140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the c ontract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS -140) shall only be required to submit the form to their approved program.
v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp
.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This rati o shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. A ll Contractors who do not fall within an exemption cat egory (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required. iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice.
iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. v. Contractor should maint ain and submit proof (when reques ted) of its DAS -142 submittal to the apprenticeship co mmittees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC -2” form for submittal of their training fund contributions.
iii. Contractors who do not submit their training fund c ontributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603. 122
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iv. Training fund contributions to the CAC are due and payable on the 15t h day of the month for work performed during the preceding month. v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license (“Owner -Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. ii. Contractors performing in non-a pprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
iii. When the Contractor has a direct contract with the Publ ic Agency that is under $30,000.
iv. When the project is 1 00% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirem ents apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificat e, which shall be subject to the approval of the Adminis trator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-m onth period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1- to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is replacing at least one- thirtieth (1/30) of its journeymen annually through apprenticeship train ing, either on a statewide basis or on a local basis; or
iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprenti ce's life or the life, safety or property of fellow em ployees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
b. W hen such exemptions from the 1- to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local J oint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

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5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
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EXHIBIT A – SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT ARPA21-PRJC-003-ONT BETWEEN SAN BERNARDINO

COUNTY AND THE CITY OF ONTARIO RELATED TO THE CORONAVIRUS RELIEF FUND

FOR LOCAL GOVERNMENTS

1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:

General Information:

2020-2021 Student Enrollment:
19,286 students in grades TK-8.
22 Elementary Schools, 4 K-8 schools, and 6 comprehensive middle schools. 32 total schools with an average enrollment of 603 students per school.

OMSD Student Demographics (based on 2019-2020 and 2020-21 data):

Total student population- 19,286
Hispanic/Latino- 18,927
Black or African American- 693
Asian- 455
White- 642.

Number of students (Socio-Economically Disadvantaged)- 18,875 Number of students receiving Free or reduced lunch- 16,854 (87%) Unduplicated Pupil Count- 17,097 (89%)
Number of English Learners- 5,174 (26.8%)
Number of Foster Youth- 125

Students enrolled in after school program- 1,760

Student participation in after school athletics programs –

Middle School (2019-20)
Soccer- 120
Basketball- 77
Flag Football- 147
Track and Field- NA

Elementary (2019-20)
Soccer- 312
Basketball- 257
Track and Field- NA

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Rationale:

The City of Ontario in collaboration with the Ontario Montclair School District propose to make improvements to the baseball field at Bon View Park as a means to increase the use, usefulness, and availability of the park to the students and families of the Ontario Montclair School District (OMSD).

The current state of the baseball fields at Bon View Park do not allow for any use of the field. (Please see proposed facility upgrades after the conclusion of this narrative).

Through this restoration project the City of Ontario and OMSD plan to provide baseball and baseball related activities to Ontario families. Currently, the city has 2 little league entities that have practice facilities and fields, Eastern Little League and Western Little League. Currently, there is no little league entity that practices within 2.5 miles of an OMSD School (Homer Briggs Parks to Oaks Middle School). Use of Bon View Park would cut the distance to the nearest OMSD school to less than 1 mile or a 60% decrease in distance.

Context:

Programmatically OMSD plans to use the facility at Bon View Park as a part of a larger Expanded Learning Opportunities Program (ELOP) that will be implemented district wide. The goal of this program is to offer beyond the bells and weekend enrichment and academic activities for students and families. OMSD is committing to increasing the number of offerings to students and families in the areas of academic (language arts and math), STEM, music and the arts, social emotional, wellness and sports activities.

Our current projection is to offer ELOP to 50% of our unduplicated student population (foster youth, low income and English learner) both middle school and elementary school in the 2021-2022 school year and to offer ELOP opportunities to 100% of elementary and middle school students by the end of the 2022-2023 school year and in subsequent school years.

Implementation:

Our plan is to provide coaching using district staff and potentially community partners (such as Chaffey College baseball team, little league partnerships…) coaches will do weekly and/or monthly skills clinics for students in the basics of baseball such as throwing, catching, fielding, base running and hitting. This will potentially lead to the creation of an intramural baseball program. This intramural program will be open to all students in grades 4-8 (in line with the current district athletics guidance). Teams will be created based on region and tryouts will be held to identify student ability and create teams of equal skill levels. This season could potentially occur in the fall or late spring.

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Implementation timeline-

Date Range Task Needs
August 2021- May
2022
Work with city to plan and
renovate the Bon View
baseball field.

Meeting with City of Ontario
Park Walkthrough
Schedule and begin
improvements
March 2022- June
2022
Determine field use priorities
between City and District

Gather stakeholder input
Implementation plan
Stakeholder meetings
November 2021-May
2022
Develop potential skills
clinics and identify weekday
and weekend dates to hold
clinics.

Coaches
Busing
Meals
Dates
Ongoing Review planned
implementation and make
staffing and budgeting
adjustments as needed.

Annual budget review
Ongoing Stakeholder feedback Schedule meetings

Through this effort the City of Ontario and the Ontario Montclair School District intend to expand the availability of a ‘beyond the bells’ baseball programs to students and families in the Ontario-Montclair School District by increasing program involvement by 10% yearly and increasing the number of students offered extended day learning programs to 50% of the total eligible student population in the 2021-2011 school year and 100% of the total eligible student population in the 2022-2023. This effort will also increase parent and community engagement through re-purposing a community space that is currently under-used as a gathering spot and community resource.

2. Not-to-exceed amount of expenditures described in 1, above, obligated during the period of March 1, 2022 and June 30, 2024 and expended on or before December 31, 2026 is $300,000.

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3. The following is the list of projected expenditures that will be funded by the CLFRF for the scope identified in 1, above:

Expenditure Type (e.g., Payroll) Projected Expenditures* Snack Shack $150,000
-Downstairs – Equipment Removal
-Downstairs – Interior Upgrades
-Upstairs - Upgrades
-Exterior Upgrades and General Cleanup
-Purchase of equipment inside/around Snack Shack
Ballfield $150,000
-Initial gopher eradication process
-Infill and level out the low spots (Outfield)
-Add decomposed granite/brick dust (Infield)
-Remove old wood framing and rebuild/clean up bullpen
-General Cleanup
-Remove concrete slab from old restroom building and
replace with new asphalt/concrete

-Repair/replace missing drain cover
--Purchase of equipment: Scoreboard, Public Address System, Utility Vehicle, Field Drags, Industrial Rakes, Pitcher “L” Screens, and Player Equipment.

Total Expenditure $300,000
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.

4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R.

Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:

Confirmed – No exemption.

128
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION

OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations in the Integrated Waste Fund for these services, inclusive of a $25,000 annual grant through the Used Oil Payment Program. The recommended Agreement amount of $319,144 for Fiscal Year 2022-23 is a 2.5% increase over the prior year. The Agreement is for a ﬁve-year term from Fiscal Years 2022-27 for a total amount of $1,712,082.44. The average annual increment is 3.6% for each of the remaining four years. There is no fiscal impact to the General Fund.

BACKGROUND & ANALYSIS:

The State of California Public Resources Code requires cities and counties to prepare an HHW Element, which identiﬁes a program for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households in the City. As part of the HHW Element, the City provides its residents an HHW Collection Facility, which is located at 1430 South Cucamonga Avenue. The facility is open Fridays and Saturdays between the hours of 9:00 a.m. and 2:00 p.m. The facility accepts paint, motor oils, batteries, pesticides, and other commonly generated household hazardous wastes.

The County has provided this service for the City of Ontario since 1996. The County provides two (2) personnel to operate the facility, along with a re-use area and a 24-hour emergency response capability. In addition, the County provides an annual report to the City that includes the amount, types of waste collected, and ﬁnal disposition of waste collected, and waste storage containers meeting the speciﬁcations of Department of Transportation. The County assumes responsibility for maintaining the necessary site permits and responsibility for the on-site management, transportation, recycling, and disposal of the materials and waste collected at the site. The County 129
also either removes the accumulated wastes or contracts with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of wastes at approved facilities at no additional cost to the City.

Added beneﬁts of contracting with the County include giving residents the option of using any other County-run HHW facility, and Staﬀ networking opportunities with other County-run cities to keep abreast of changing State requirements and regulations. The current Agreement expires June 30, 2022. Either party may terminate the agreement for any reason, at any time, upon 90 days prior written notice to the other party.
130
Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR LANDSCAPE

MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO

RANCH AREA

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment No. 2 to the Maintenance Services Agreement (on ﬁle with the Records Management) for Contract No.

PM2021-2 with Greentech Landscape, Inc. of Whittier, California, for landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch area.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The recommended Amendment increases the authorized contract amount by $52,032 annually for Fiscal Years 2022-23 and 2023-24, for a new total not to exceed contract amount of $1,120,590. Appropriations for the maintenance cost for landscape maintenance services from the General Fund are included in the Fiscal Year 2022-23 Adopted Budget.

BACKGROUND & ANALYSIS:

In October 2020, the City solicited bids for landscape maintenance services for parkways and medians throughout the Ontario Ranch area. Four (4) bids were received that met the criteria and standards necessary to perform this work. Greentech Landscape, Inc. submitted the lowest responsible bid for a three-year total of $733,320. Based on credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Greentech Landscape, Inc. at its regular City Council meeting on May 4, 2021.

The Maintenance Services Agreement provides landscape maintenance services for parkways and medians in CFD-SD57 located in the Ontario Ranch area. Two new areas in the Ontario Ranch have recently been accepted by the City and need to be added to this Maintenance Services Agreement.

The ﬁrst includes the SCE Trail from Haven Avenue to Twinkle Avenue. The second area includes the parkways and medians on Haven Avenue between East Nelson Drive and the SCE Trail. The annual 131
cost to include landscape maintenance services for both new areas is $52,032. Staﬀ requests Council approval to amend the Maintenance Services Agreement with Greentech Landscape, Inc. to add the two new areas.
132
Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE

TREE MAINTENANCE SERVICES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed sixth (6) optional year to the Maintenance Services Agreement for Citywide Tree Maintenance Services is $1,295,173, bringing the new total not to exceed contract amount to $9,439,329. Appropriations for citywide tree maintenance services from the General Fund and Facilities and Parks Maintenance Fund are included in the FY 2022-23 Adopted Budget.

The existing Maintenance Services Agreement with West Coast Arborists, Inc. includes an amount not to exceed $8,144,156.

BACKGROUND & ANALYSIS:

The City is responsible for the maintenance of approximately 72,000 trees throughout the City on parkways, parks, and medians. On June 17, 2014, the City Council authorized executing a three-year Maintenance Services Agreement, including seven optional annual extensions, with West Coast Arborists, Inc. for citywide tree maintenance services. The Agreement includes tree trimming, tree and stump removal, tree planting, and 24-hour on-call emergency services. The City utilizes a ﬁve-year planned grid-trimming cycle throughout the City in order to reduce emergency and service request responses and minimize risk to the City due to tree or limb failures.

Exercising the option years will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract, provide service continuity, and project future costs.
133
Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE

STREET SWEEPING SERVICES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The annual base cost of option Year One to the Maintenance Services Agreement is $1,296,318, plus $40,000 for urgency services, for a total not to exceed amount of $1,336,318.

Option Year Two to the Maintenance Services Agreement is $1,322,244, plus $40,000 for urgency services, for a total not to exceed amount of $1,362,244. The recommended agreement amount would bring the new total not to exceed contract amount to $8,744,465. Appropriations for citywide street sweeping maintenance cost in Integrated Waste Fund are included in the Fiscal Year 2022-23 Adopted Budget.

BACKGROUND & ANALYSIS:

In March 2017, the City solicited proposals for Citywide Street Sweeping Services. Four (4) proposals were received that met the bid criteria and standards necessary to perform this work. Cleanstreet, Inc., located in Gardena, California, submitted the lowest responsible proposal with base cost and urgency services for a ﬁve-year total of $5,920,050.

Based on proposal, credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to Cleanstreet, Inc. at its regular City Council meeting on May 16, 2017. Amendments No.1, No. 2, and No. 3 include additional street sweeping services in Ontario Ranch in the total amount of $125,853. In September of 2020, Cleanstreet, Inc. oﬃcially changed its name to Sweeping Corp of America.

The goal of the street sweeping program is to provide economical services that sustain and restore City streets to maintain a clean and safe environment. Debris collected in the gutter can block 134
stormwater facilities, and cause ﬂooding during heavy rains. Street sweeping is an essential service that removes debris from streets and gutters, keeping pollutants from entering the City’s storm drains. Street sweeping is a requirement of the state and federal National Pollutant Discharge Elimination System (NPDES) and the City's Municipal Separate Storm Sewer System (MS4) permit. 135
Department: Engineering
Prepared By: Nathan Kuan
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

A CONSTRUCTION CONTRACT FOR THE FY 2020-21 & 2021-22 CDBG STREET

LIGHT INSTALLATION PROJECT

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The Fiscal Year 2021-22 Adopted Budget allocated funds for the Fiscal Year 2020- 21 and Fiscal Year 2021-22 CDBG Street Light Installation Project in the amount of $200,000 from Community Development Block Grant funds. The total recommended expenditure authorization consists of $151,844 plus a ten percent (10%) contingency of $15,184, for a total authorized expenditure of $167,028, within the Fiscal Year 2021-22 budget allocation.

BACKGROUND & ANALYSIS:

The general scope of work to be performed consists of, but is not limited to, the installation of new street light poles, foundations, LED light ﬁxtures, pull boxes, and other appurtenances necessary to complete the improvements. The project is located on Virginia Avenue, from Holt Boulevard to D Street. This project will improve the illumination of the roadway and intersection lighting on Virginia Avenue. Project location maps are provided for reference as Exhibit “A”.

In April 2022, the City solicited bids for the project and two bids were received. The following is a summary of the bid results:
136

COMPANY

LOCATION
AMOUNT
California Professional
Engineering, Inc.

La Puente, CA
$151,844
Elecnor Belco Electric, Inc.

Chino, CA
$174,400
California Professional Engineering, Inc. provided all the required documents in their bid package and staﬀ recommends that the City Council award a construction contract to California Professional Engineering Inc., the lowest responsible bidder.

ENVIRONMENTAL REVIEW:

The environmental impacts of this project were reviewed and Staﬀ determined that the project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 137
138
Department: Parks & Maintenance
Prepared By: Alfredo Banuelos
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT FOR CITYWIDE

STORM DRAIN MAINTENANCE SERVICES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

Appropriations for citywide storm drain maintenance cost in Storm Drain Maintenance Fund are included in the Fiscal Year 2022-23 Adopted Budget. Between Fiscal Years 2019-20 and 2021-22, the total authorized contract amount is $333,589, plus $50,040 for urgency services, for a total not to exceed contract amount of $383,629. The annual cost of option Year One to the Maintenance Services Agreement is $124,453, plus $16,680 for urgency services, for a new not to exceed contract amount of $141,133. The annual cost for Year Two is $131,899, plus $16,680 for urgency services, for a new not to exceed amount of $148,579. The recommended amendment would bring the new total not to exceed contract amount to $673,341.

BACKGROUND & ANALYSIS:

The City maintains 673,496 linear feet of storm drains citywide. In order to keep the storm drain system operational, the catch basins must be serviced regularly. In August 2019, the City solicited bids for Citywide Storm Drain Maintenance Services. Three (3) bids were received that met the bid criteria and standards necessary to perform this work. United Storm Water, Inc., located in Industry, California, submitted the lowest responsible bid for a ﬁve-year total of $383,629. Based on the proposal, credentials, pricing, and favorable reference checks, the City Council awarded a Maintenance Services Agreement to United Storm Water, Inc. at its regular City Council meeting on October 15, 2019.

With the pandemic and rise of material and fuel costs, the contractor is asking for a 10% increase to the option years. The Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario areas 139
ending in March 2022 is 10%. Exercising the option years with a 10% increase will allow the City to limit the potential for higher yearly increases to the bid amounts, avoid the costs of re-bidding the contract, provide service continuity, and project future costs. Staﬀ requests Council approval to exercise the optional two one-year extensions with United Storm Water, Inc. for Citywide Storm Drain Maintenance Services.
140
Department: Municipal Services
Prepared By: Michael Johnson
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:

MAINTENANCE SERVICES AGREEMENT FOR STREETLIGHT MAINTENANCE AND

REPAIR SERVICES

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Operating Budget includes appropriations of $267,500 in the General Fund, $329,145 in the Streetlight Maintenance Fund, and $50,000 in the Broadband Fund for streetlight maintenance and repair services. The total compensation paid by the City will be contingent upon actual services provided at the contracted ﬁxed hourly rates as set forth in the Agreement and shall not exceed $1,939,935 over the 3-year term.

BACKGROUND & ANALYSIS:

Street lighting contributes to the safety and security of pedestrians, vehicle traﬃc, homeowners, and businesses. Currently, there are approximately 13,000 streetlights in the City and Streetlight Maintenance Districts that will be maintained through this proposed contract with additional lights being added as new developments in Ontario Ranch are released to the City to maintain. The scope of general maintenance will consist of all operations and repairs starting from the pull box to the streetlight ﬁxture. Additional services include the removal and disposal of knocked down streetlight poles, removal and installation of new concrete foundations for streetlight poles, the installation of new streetlight poles, vandalism repairs, and the installation and repair of streetlight smart nodes.

In March 2022, the City solicited proposals for streetlight maintenance and repair services. The City received 5 proposals from the following companies through planet bids, the City’s electronic bid 141
management system: Bear Electrical Solutions, Inc. of Alviso, California, E.E. Electric, Inc. of Jurupa Valley, California, Quality Light and Electrical of Bloomington, California, Tanko Streetlighting, Inc. of San Francisco, California, and Yunex LLC of Riverside, California. After a thorough review of the proposals submitted, consideration was given to the overall proposal, experience of each company and team members, pricing, and references. Yunex LLC (formerly Siemens Industry, Inc. and Siemens Mobility Inc.) has performed several streetlight retroﬁts projects, has been awarded contracts for both streetlight maintenance and traﬃc signal maintenance, as well as contracts for streetlight pole installation over the past 15 years. Their knowledge and experience working with the City’s streetlighting infrastructure, work order systems and City employees, has enabled their technicians to respond to, troubleshoot, and repair issues faster than the required response times per their maintenance contracts. Yunex has a large workforce of International Municipal Signal Association (ISMA) certiﬁed technicians and a large ﬂeet of vehicles and equipment which ensures they have the resources to provide service to the City of Ontario without disruption 24 hours per day, 365 days a year, including all holidays. Based on their combined qualiﬁcations and pricing, Staff recommends that the City enter into a Maintenance Services Agreement with Yunex, LLC. 142
Department: Municipal Services
Prepared By: Michael Johnson
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH UNITED

TRANSMISSION EXCHANGE FOR PROCUREMENT & REPAIRS OF ALLISON

TRANSMISSIONS

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations of $30,000 in the Equipment Services fund for maintenance and repairs. The estimated cost for Fiscal Year 2023-24 will be $40,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $150,000 over the 5-year term.

BACKGROUND & ANALYSIS:

Most of the heavy-duty ﬂeet vehicles are equipped with Allison Transmissions including all Integrated Waste refuse vehicles. United Transmission Exchange is the largest remanufacturer of Allision Transmissions in California and can rebuild transmissions that the City of Ontario ﬂeet mechanics are not authorized to do for warranty purposes or due to the time and specialty equipment required to provide those services. In August 2019, the City solicited quotes for Allison Transmissions and labor rates. Four (4) quotes were received that met the criteria. United Transmission Exchange of San Bernardino, California, submitted the lowest quote of $11,752. Based on the proposal, credentials, pricing, and favorable reference checks, the City entered into a Goods & Services Agreement with United Transmission Exchange on December 12, 2019. Based on their previous history of providing excellence service to the City of Ontario, Staﬀ recommends exercising the two optional one-year extensions and increasing the total authorized compensation to ensure the Fleet Services Department can continue to maintain and repair 143
vehicles quickly and keep them operational so they can provide services to the City of Ontario residents.
144
Department: Integrated Waste
Prepared By: Blaine M Ishii
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 22
SUBJECT:

AUTHORIZE THE EQUIPMENT PURCHASE OF FOOD SCRAP CONTAINERS FOR THE

INTEGRATED WASTE DEPARTMENT

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

This contract would require an increase in appropriations of $140,800 from the Integrated Waste Fund that will be included in the Fiscal Year 2021-22 Year-end Budget Update.

There is no ﬁscal impact to the General Fund. Actual expenditures will be based on the ﬁxed-unit pricing and the actual quantity of containers purchased in order to meet operational needs.

BACKGROUND & ANALYSIS:

Eﬀective January 1, 2022, CalRecycle’s regulations to meet the organic waste reduction and the edible food recovery targets took eﬀect, including penalties to cities for non-compliance. In late 2021, the Integrated Waste Department implemented a residential food waste recycling pilot program. The program included 100 single family residential customers who were provided Sure-Close food scrap containers to help collect their food scraps. The container was lined with a plastic bag and food scraps were placed in the bag. The bag containing the food scraps was then deposited into the green waste container for collection. The organics (green and food waste) are sent to be processed into mulch, compost, or anaerobic digestors to be converted to renewable gas and used for transportation fuel, electricity or heating. According to a 2018 CalRecycle study, 13% of waste going to landﬁlls consisted of food waste. Diversion of food waste from landﬁlls helps extend the life of landﬁlls and reduce methane emissions, which improves air quality.

The purchase of the Sure-Close food scrap containers will be part of the citywide, state mandated, implementation of the food waste recycling program. Staﬀ anticipates the program to be implemented by late summer of 2022. Below is a summary of the quantity and type of food scrap 145
containers to be purchased:

QUANTITY
TYPE
PRICE
32,000
Sure-Close 1.9 Gallon
$140,800

TOTAL
$140,800
146
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

CONSULTING SERVICES, APPLICATION DEVELOPMENT AND DATABASE

ADMINISTRATION

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager to execute an Amendment to the current ﬁve-year agreement (on ﬁle with the Records Management Department) with ICS Software, LLC, of Upland, California, for information technology consulting services to add an additional $80,000 to year ﬁve of the existing contract of $120,000 annually, for a total not to exceed $680,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Amendment to the Professional Services Agreement increases the current year-ﬁve $120,000 annual agreement by $80,000 for a total not-to-exceed contract amount of $680,000. These amounts will be funded through the Information Technology Fund. The Fiscal Year 2021-22 budget includes appropriations for the current contract year. If approved, appropriations will need to be added to the FY 2021-22 budget.

BACKGROUND & ANALYSIS:

ICS Software, LLC provides the City with specialized application development and database administration for the City's business and public safety systems, including development of mobile and web applications. Continued support and development services are required to ensure all databases are optimized, not adding unnecessary delays to the City's business applications or ﬁrst responders' ability to provide high-quality public safety services.

Additional funding in year ﬁve will support the new task of public safety data archival as the City moves from systems housed locally in the data center, to cloud-based systems. 147
Department: Municipal Services
Prepared By: Michael Johnson
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 24
SUBJECT:

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH ALL STAR GLASS INC. FOR PROCUREMENT & REPAIRS OF AUTOMOTIVE WINDSHIELDS

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations of $40,000 in the Equipment Services Fund for maintenance and repairs. The estimated cost for Fiscal Year 2023-24 will be $50,000. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the Agreement and shall not exceed $170,000 over the 5-year term.

BACKGROUND & ANALYSIS:

In July 2019, the City solicited quotes for Windshield Repair Services and labor rates. All Star Glass Inc., of San Diego, California, was the sole bidder. Based on the credentials, pricing, and favorable reference checks, the City entered into a one-year agreement with four (4) optional annual extensions with All Star Glass Inc., on October 4, 2019. Based on their previous experience providing windshield repair services to the City, Staﬀ recommends exercising the two optional one-year extensions and increasing the total authorized compensation to ensure the Fleet Services Department can continue to maintain and repair vehicles quickly and keep them operational so they can provide services to the City of Ontario residents. 148
Department: Engineering
Prepared By: Craig Cruz
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 25
SUBJECT:

AN AMENDMENT TO THE COOPERATIVE AGREEMENT FOR THE SR-60 AT

ARCHIBALD AVENUE INTERCHANGE PROJECT

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve Amendment No. 5 in the amount of $4,191,726 to Cooperative Agreement R14138 (15-1001150) (on ﬁle in the Records Management Department) with San Bernardino County Transportation Authority (SBCTA) for funding the State Route 60 (SR- 60) at Archibald Avenue Interchange Project (Project); and authorize the City Manager to execute said agreement and future amendments within the authorization limits.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

This Amendment No. 5 with SBCTA increases the Project Cost from $23,910,000 to $28,101,726 and the City’s share of the Project from $16,953,673 to $19,664,788. Per the Agreement with SBCTA, the City’s share is 66.1% of the actual expenses, which is consistent with the City’s adopted Development Impact Fee (DIF) Program and SBCTA’s approved Measure I Nexus Study.

Per the Agreement with SBCTA, City Betterment and Oversight costs in the amount of $3,266,562 are 100% the responsibility of the City. An initial amount of $26,954 for Oversight is covered by SBCTA as these were expenditures that occurred before the original Cooperative Agreement was executed.

This Amendment will require an additional $2,711,116 in Ontario Ranch Regional Street DIF to fully fund the City’s share of the Project, which is included in the FY 2021-22 approved budget.

BACKGROUND & ANALYSIS:

The Project will widen the existing Archibald Avenue bridge undercrossing at SR-60 to accommodate additional left-turn pockets and will widen the existing freeway on and oﬀ ramps. Traﬃc generated in Ontario Ranch will create impacts at the SR-60 at Archibald Avenue interchange that will be mitigated by this Project.

149
In August 2014, the City entered into a Cooperative Agreement with SBCTA for the Project and committed funds for the Environmental and Design phases at that time. Project funding was subsequently added in the FY 2017-18 Budget for the Right-Of-Way phase. In February 2019, funds were again added for the Construction phase. In September 2019, SBCTA received bids for the Project which exceeded the value of the current Cooperative Agreement, thus requiring Amendment No. 3 in November 2019. In August 2020, Amendment No. 4 increased the funds to cover construction management services for the betterment work for the replacement of asphalt concrete to full depth concrete pavement on Archibald Avenue between the SR-60 ramps and the addition of service laterals for the parcel on the northwest corner of Archibald Avenue and the SR- 60 westbound on-ramp.

This Amendment proposes to increase the funds to settle the claims of adjacent property owners against the project and SBCTA project management costs associated with the project closeout and negotiations with the adjacent properties.
150
Department: Development Administration
Prepared By: Derrick E Womble
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 26
SUBJECT:

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21- 014) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO

ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 20449 (FILE NO. PMTT21-014), A 35.65-ACRE PROPERTY

LOCATED NEAR THE SOUTHEAST CORNER OF HAVEN AVENUE AND ONTARIO RANCH ROAD, WITHIN PLANNING AREA 9A (RESIDENTIAL & COMMERCIAL LAND

USE DISTRICT) OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-211-01

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving the Development Agreement (File No. PDA21-014) between the City of Ontario and BrookCal Ontario, LLC., to establish the terms and conditions for the development of Tentative Tract Map 20499 (File No. PMTT21-014), a 35.65-acre property located near the southeast corner of Haven Avenue and Ontario Ranch Road, within Planning Area 9A (Residential & Commercial land use district) of the Rich Haven Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The proposed Development Agreement (File No. PDA21-014) will not have a direct impact on the City's General Fund. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Rich Haven Speciﬁc Plan development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

151
BACKGROUND & ANALYSIS:

On May, 17, 2022, the City Council introduced and waived further reading of an ordinance approving the Development Agreement. On December 4, 2007, the City Council certiﬁed the Rich Haven Speciﬁc Plan Environmental Impact Report in conjunction with File No. PGPA07-001. The related Rich Haven Speciﬁc Plan, File No. PSP05-004, was approved by the City Council on December 18, 2007. The Speciﬁc Plan established the land use designations, development standards, and design guidelines for approximately 512 acres of land, which included the potential development of 4,256 residential units and 889,200 square feet of commercial/oﬃce land uses.

The Ontario Ranch ﬁnancial commitments required for construction of properties within a speciﬁc plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, BrookCal Ontario LLC, (“Owner’) has requested that the City enter into negotiations to create a Development Agreement (“Agreement”).

In accordance with California Government Code Section 65865, which in part states that “[a]ny city… may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property…” and California Government Code Section 65865.52, which in part states that “a Development Agreement shall specify the duration of the Agreement, the permitted uses of the property… and may include conditions, terms, restrictions…,” the City of Ontario adopted Resolution No. 2002-100 setting forth the procedures and requirements for consideration of Development Agreements. Furthermore, the Financing and Construction Agreement with the NMC Builders, LLC (“NMC Builders”), requires those developments wishing to use the infrastructure it created to enter into Development Agreements with the City of Ontario. Pursuant to these procedures and requirements, staﬀ entered into negotiations with the Owner to create a Development Agreement for consideration by the Planning Commission and City Council.

The proposed Agreement (File No. PDA21-014) is based on the model Development Agreement that was developed in coordination with the City Attorney and legal counsel for NMC Builders. This model Development Agreement is consistent with the provisions of the Construction Agreement.

The terms of the agreement between NMC Builders’ members requires that members enter into Development Agreements that are consistent with the provisions of the Construction Agreement.

The Agreement proposes to include 35.65 gross acres of land within Planning Area 9A (Residential & Commercial land use district) of the Rich Haven Speciﬁc Plan, as shown on the attached Exhibit A.

The Agreement grants the Owner a vested right to develop Tentative Tract Map 20449 (the “Map”), provided the Owner complies with the terms and conditions of the Agreement, Speciﬁc Plan, and EIR.

The Map (see attached Exhibit B) is located near the southeast corner of Haven Avenue and Ontario Ranch Road and proposes to subdivide approximately 35.65 gross acres of land into 92 numbered lots and 55 lettered lots for residential and commercial uses, public/private streets, landscape neighborhood edges and common open space purposes.

The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes:

Development Impact Fees (“DIF”) for construction of public improvements (i.e., streets and bridges, sewer, water, storm drain and ﬁber); Public Service Funding to ensure adequate provisions of 152
public services (police, ﬁre and other public services); and the creation of a Community Facilities District (“CFD”) for the maintenance of public facilities.

In considering the Agreement at their meeting on April 26, 2022, the Planning Commission found that the Agreement was consistent with State law, The Ontario Plan, and the City' Development Agreement policies. As a result, the Planning Commission adopted Resolution No.

PC22-018 with a
6 to 0 vote
, recommending City Council approval of the Agreement.

HOUSING ELEMENT COMPLIANCE
: The project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The project site is one of the properties listed in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix, and the proposed project is consistent with the number of dwelling units (298) and density (13.97) specified in the Available Land Inventory.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE
: The California State
Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Inﬂuence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Inﬂuence Area, as they relate to noise, safety, airspace protection, and overﬂight impacts of current and future airport activity. The proposed project is located within the Airport Inﬂuence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached Resolution.

ENVIRONMENTAL REVIEW
: The environmental impacts of this Project were previously analyzed in an Addendum to the Rich Haven Speciﬁc Plan Environmental Impact Report (State Clearinghouse No. 2006051081) and an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140). This Application is consistent with the previously Certiﬁed Environmental Impact Reports and Approved Addendums and introduces no new signiﬁcant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference. 153
Exhibit A—RICH HAVEN SPECIFIC PLAN LAND USE PLAN

154
Exhibit B—TENTATIVE TRACT MAP NO. 20449

155

Case Planner: Derrick Womble,
Administrative Officer

Hearing Body Date Decision Action
Planning Director
Approval:

DAB N/A N/A N/A
PC 04/26/2022 Recommend
Submittal Date: 12/09/2021 CC 05/17/2022 Final

FILE NO: PDA21-014

SUBJECT: A public hearing to consider a Development Agreement between the City of Ontario and BrookCal Ontario LLC, to establish the terms and conditions associated with the development of Tentative Tract Map No. 20449 (File No. PMTT21 -014), a 35.65 gross acre property located at the southeast corner of Haven Avenue and Ontario Ranch Road, within Planning Area 9A (Residential & Commercial) land use district of the Rich Haven Specific Plan; (APN: 218-211-01) submitted by BrookCal Ontario LLC. City Council action is required.

PROPERTY OWNER: BrookCal Ontario LLC., a Delaware limited liability company

RECOMMENDED ACTION: That the Planning Commission consider and recommend the City Council adopt an ordinance approving the Development Agreement (File No.

PDA21-014) between the City of Ontario and BrookCal Ontario LLC, pursuant to the facts and reasons contained in the staff report and attached resolution.

PROJECT SETTING: The project site is comprised of 35.65 gross acres of land located at the southeast corner of Haven Avenue and
Ontario Ranch Road , within Planning
Area 9A (Residential & Commercial) land
use district of the Rich Haven Specific
Plan, depicted in Figure 1: Project
Location, right. The existing surroun ding
land uses, zoning, and general plan and
specific plan land use designations are
summarized in the “Surrounding Zoning &
Land Uses” table located in the Technical
Appendix of this report.

PROJECT ANALYSIS:

(1) Background — On December 4,
2007, the City C ouncil certified the Rich
Haven Specific Plan Environmental
Impact Report in conjunction with File No.

PGPA07-001. The related Rich Haven
Specific Plan , File No. PSP05 -004, was
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
April 26, 2022

Figure 1: Project Location
156
Planning Commission Staff Report
File No.: PDA21-014
April 26, 2022

Page 2 of 11 ends

Ontario City CouncilJune 7, 2022

Ontario City Council
June 7, 2022