Ontario City Council
November 21, 2023

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER 21, 2023
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN 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 be permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact 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 Closed Session and Closed Session Comment at 6:00 p.m., 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.

CALL TO ORDER (OPEN SESSION)

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

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 ATTACHMENT: 20231121 Closed Session
Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment

PLEDGE OF ALLEGIANCE
Council Member Valencia

INVOCATION
Pastor Richard Hernandez, The Church of God Ontario

REPORT ON CLOSED SESSION
City Attorney
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.

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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 1. APPROVAL OF MINUTES
ATTACHMENT: 20231017 Minutes (Not official until approved)

2. BILLS & PAYROLL

3. SELECTION OF INLAND EMPIRE RESOURCE CONSERVATION DISTRICT AS THE LAND TRUST

FOR ADMINISTRATION OF THE ONTARIO RANCH (NEW MODEL COLONY) GREATER PRADO

BASIN HABITAT CONSERVATION PROGRAM HABITAT MITIGATION FEE ATTACHMENT: PAVD22-003 IERCD HCP MOA.pdf

4. AN AGREEMENT WITH HEXAGON SAFETY & INFRASTRUCTURE FOR THE PURCHASE OF A NEW COMPUTER AIDED DISPATCH (CAD) SYSTEM, AND AMENDMENT NO. 4 WITH

NATIONAL PUBLIC SAFETY GROUP
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 October 17, 2023, and approving same as on file in the Records Management Department.

Bills October 20, 2023 through November 2, 2023, and Payroll October 8, 2023 through October 21, 2023.

That the City Council approve the selection of the Inland Empire Resource Conservation District (IERCD) as the administrator of the Greater Prado Basin Habitat Conservation Program (GPBHCP) Ontario Ranch (New Model Colony) Habitat Mitigation Fees and direct the City Manager or designee to facilitate the purpose and goals of the Memorandum of Agreement.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute a five (5) year Agreement with Intergraph Corporation, a Delaware corporation, by and through its Hexagon Safety & Infrastructure division, with its principal place of business in Madison, Alabama, for public safety computer aided dispatch (I/CAD) software and recurring annual maintenance fees in the amount of $3,179,468;
B. Authorize the City Manager or his designee to execute a Professional Services Agreement with Hexagon for project implementation and training services for the public safety computer aided dispatch platform in the amount of $2,006,648, including a 10 percent implementation contingency of $182,423, for a total contract not-to-exceed amount of $5,186,116; and
C. Authorize the City Manager or his designee to execute Amendment No. 4 to the current Agreement with National Public Safety Group (NPSG), LLC, of Aberdeen, North Carolina, for system selection, procurement, and project management in the amount of $586,415, for a total contract not-to-exceed amount of $963,634; and D. Authorize the City Manager or his designee to execute $1,000,000 for project hardware and implementation contingency expenses.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: Intergraph Corporation_Professional Services Agreement_Hexagon.pdf ATTACHMENT: Amendment_4_Professional Services Agreement.pdf

5. A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH RICHARD BRADY AND ASSOCIATES INC. FOR RESERVOIR 925-1A AND WATER TRANSMISSION MAIN IMPROVEMENT PROJECT ATTACHMENT: Attachment 1 - Reservoir and Transmission Main Exhibit.pdf ATTACHMENT: 20231121 PDSA with Richard Brady and Associates ^01 AGMT.pdf

6. ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM FOR FISCAL YEAR 2023-24 ATTACHMENT: FY 2024 COPS State Allocation Letter (Growth Not Included).pdf

7. A PROFESSIONAL SERVICES AGREEMENT WITH COLLABORATIVE SOLUTIONS, LLC, FOR

WORKDAY CONSULTING AND SERVICE SUPPORT
ATTACHMENT: Collaborative Solutions_Professional Services Agreement.pdf

8. A RESOLUTION ADOPTING THE CITY OF ONTARIO'S 2023 HAZARD MITIGATION PLAN ATTACHMENT: Hazard Mitigation Plan 2023^01^RESO^RM
ATTACHMENT: Ontario Local Hazard Mitigation Plan FEMA^02 Attachment A ATTACHMENT: City of Ontario APA Notice 10-16-2023^03
That the City Council approve and authorize the City Manager, or designee, to execute a Professional Design Services Agreement with Richard Brady and Associates Inc., of San Diego, California, for design and bid support services for Reservoir 925-1A (Reservoir) and Water Transmission Main Project for an amount of $2,489,355 plus a 15% contingency of $373,403 for a total not-to-exceed amount of $2,862,758, and a term from November 21, 2023 to November 21, 2026.

That the City Council authorize the City Manager or his designee to execute all documents necessary to accept and approve the Citizen' s Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant in the amount of $280,981 for Fiscal Year 2023-24.

That the City Council authorize the City Manager or his designee to execute a Professional Services Agreement with Collaborative Solutions, LLC, of Teaneck, New Jersey, for ongoing fullsuite Workday support and configuration services, in a contract amount not-to-exceed $298,804.

That the City Council adopt a Resolution approving the City of Ontario's 2023 Hazard Mitigation Plan in accordance with California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) requirements.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE HAZARD MITIGATION PLAN 2023 IN ACCORDANCE WITH CALIFORNIA OFFICE OF EMERGENCY

SERVICES (CALOES) AND FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REQUIREMENTS.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 9. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH COMMUNITY WORKS

DESIGN GROUP FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE DE ANZA PARK

IMPROVEMENTS
ATTACHMENT: Amendment No. 4 Community Works Design Group.pdf ATTACHMENT: De Anza Park Comprehensive Skate Park, Splash Pad, Playground, and Shade Shelter Improvements_October 2023.pdf

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EIDE BAILLY LLP

FOR ACCOUNTING ADVISORY/CONSULTING SERVICES
ATTACHMENT: City of Ontario and Eide Bailly LLP_PSA Amendment 1.pdf

11. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH WASTEBUILT ENVIRONMENTAL SOLUTIONS, LLC. FOR COMMERCIAL BIN MATERIALS AND SUPPLIES ATTACHMENT: Revised Amendment No. 4 Draft AA.pdf

12. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH POPULOUS, INC., AND

AMENDMENTS TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP That the City Council Authorize the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement for Contract No. PM 1819-1 with Community Works Design Group, of Riverside, California, to provide Landscape Architectural Services for the De Anza Park Improvements in the amount of $64,770 and a total not-to-exceed amount of $424,705.

That the City Council authorize the City Manager or designee to execute Amendment No. 1 adding $200,000 to the Professional Services Agreement with Eide Bailly LLP, of Rancho Cucamonga, California, for the provision of accounting advisory/consulting services, for a revised contract authority of a not-to-exceed amount of $350,000.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 4 to the existing Goods and Services Agreement with Wastebuilt Environmental Solutions, LLC., of Ontario, California, exercising the third option year and extending the term of the Agreement to November 30, 2024 in the amount of $250,000 for a total not-to-exceed contract amount of $805,000.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement with Populous, Inc., of Los Angeles, California, for additional Architectural and Engineering Services for the Ontario Minor League Baseball Stadium and Parking Structure Project in the amount of $4,614,100 for a total not-to-exceed contract amount of $11,401,735;
B. Authorize the City Manager or his designee to execute Amendment No. 17 to the On-Call Design Services Agreement with Ardurra Group, of Newport Beach, California, for the Sports Complex Offsite Design in the amount of $4,017,439; C. Authorize the City Manager or his designee to execute Amendment No. 18 to the On-Call Design Services Agreement with Ardurra Group, of Newport Beach, California, for the 935 E. Holt Ave. Demolition Project in the amount of $39,609 for a total not-to-exceed CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: Populous Amendment 1.pdf
ATTACHMENT: Ardurra Amendment 17.pdf
ATTACHMENT: Ardurra Amendment 18.pdf
ATTACHMENT: Ardurra Amendment 18 Exhibit A.pdf

13. AUTHORIZE A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SHAW INTEGRATED & TURF SOLUTIONS, INC., FOR EMERGENCY REPAIRS AT ONTARIO POLICE DEPARTMENT C.E.T DIVISION
ATTACHMENT: Change Order No. 2

14. A GOODS AND SERVICES AGREEMENT WITH CONSTANT TECHNOLOGIES, INC. FOR THE

BUILDOUT OF THE ONTARIO POLICE DEPARTMENT REAL TIME INFORMATION CENTER ATTACHMENT: Constant Technologies Model Goods and Services Agreement.pdf ATTACHMENT: Exhibit A OPD Signed Proposal.pdf

15. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC.

FOR ON-CALL GEOTECHNICAL CONSULTING, MATERIALS TESTING, AND SPECIAL contract amount of $7,097,288; 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, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to complete and execute Change Order No. 2 to the Construction Contract No. D&C21-006 with Shaw Integrated & Turf Solutions, Inc., of Dalton, Georgia, for the emergency repairs at Ontario Police Department Community Engagement Team (C.E.T) Division in an amount of $75,990 for a total not-to-exceed contract amount of $503,233; and
B. 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, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute a Goods and Services Agreement with Constant Technologies Inc., of North Kingstown, Rhode Island, for the Ontario Police Department Real Time Information Center (RTIC) in an amount of $721,550; B. Authorize a 10% contingency of $72,155 to address any unforeseen issues that may arise for a total not-to-exceed contract amount of $793,705; and C. 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, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 INSPECTION SERVICES
ATTACHMENT: Amend No. 4 Kleinfelder City Hall Parking Structure ATTACHMENT: Kleinfelder Amend No. 4 Attachment A

16. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND ASSOCIATES FOR THE 208 EMPORIA 1ST FLOOR OFFICE RENOVATION PROJECT ATTACHMENT: Amend No. 19 Robert Borders and Associates

17. AWARD OF PROFESSIONAL SERVICE AGREEMENTS WITH TEMPORARY STAFFING AGENCIES

FOR AS-NEEDED TEMPORARY STAFFING REQUIREMENTS
That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the On-Call Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide on-call geotechnical consulting, materials testing, and special inspection services for the City Hall Expansion - Parking Structure Project in the amount of $461,981 for a total contract amount not-to-exceed $511,746.

That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute Amendment No. 19 to the On-Call Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, for the 208 Emporia 1st Floor Office Renovation Project in the amount of $29,620 for a total not-to-exceed contract amount of $652,462; and B. 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, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

That the City Council takes the following actions:

A. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with 22nd Century Technologies, Inc. of Somerset, New Jersey, for on-call, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $1,300,000;
B. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with AppleOne, Inc. of Torrance, California, for on-call, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $700,000;
C. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with Enterprise Solutions, Inc. of Santa Clara, California, for on-call, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $700,000;
D. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with Resource Logistics, Inc. of East Brunswick, New Jersey, for on-call, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $700,000;
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: DRAFT_Professional Services Agreement - 22nd Century Technologies Inc_2023-1121.pdf
ATTACHMENT: DRAFT_Professional Services Agreement - Staffing Network, LLC_2023- 1121.pdf
ATTACHMENT: DRAFT_Professional Services Agreement - AppleOne, Inc_2023- 1121.pdf
ATTACHMENT: DRAFT_Professional Services Agreement - Enterprise Solutions, Inc_2023-1121.pdf
ATTACHMENT: DRAFT_Professional Services Agreement - Resource Logisitics, Inc_2023-1121.pdf
ATTACHMENT: DRAFT_Professional Services Agreement - SoftHQ, Inc_2023-1121.pdf

18. AUTHORIZE A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SERVITEK ELECTRIC, INC. FOR THE CDBG CITY FIBER CONDUIT INSTALLATION WEST RING SEGMENT 2 ATTACHMENT: 20231117 Servitek Electric, Inc. - New Expenditure ^ 01 AGMT ATTACHMENT: 20231117 Servitek Electric, Inc. - Recap Worksheet ^ 02

19. A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS FOR THE 2023 POTABLE WATER, RECYCLED WATER, SEWER MASTER PLAN UPDATES, AND SEWER

SYSTEM MANAGEMENT PLAN AND AUDIT
ATTACHMENT: 2023-2025 AKM Consulting Engineer PSA^01.pdf E. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with SoftHQ, Inc. of San Diego, California, for on-call, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $1,300,000;
F. Approve and authorize the City Manager or his designee to execute a three-year Professional Services Agreement with Staffing Network, LLC of Oakbrook, Illinois, for oncall, as-needed temporary staffing requirements for a total not-to-exceed contract amount of $1,300,000; and
G. Authorize a total aggregate not-to-exceed three-year contract amount of $6,000,000 with 22nd Century Technologies, Inc., AppleOne, Inc., Enterprise Solutions, Inc., Resource Logistics, Inc., SoftHQ, Inc., Staffing Network, LLC.

That the City Council approve a Change Order to the Construction Contract with Servitek Electric, Inc. of Walnut, California, to increase the total authorized expenditure by $21,176 for the CDBG City Fiber Conduit Installation West Ring Segment 2 Project, for a revised total contract not-to-exceed amount of $821,281.

That the City Council approve and authorize the City Manager, or his designee, to execute a Professional Services Agreement with AKM Consulting Engineers, of Irvine, California, to provide engineering services for the Potable Water, Recycled Water, Sewer Master Plan Updates, and Sewer System Management Plan and Audit for $1,646,784 plus a 10% contingency of $164,678 for a total not-to-exceed contract amount of $1,811,462, and a term from November 21, 2023 to November 21, 2025.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 20. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR

ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO MILLS LANDSCAPE DESIGN
ATTACHMENT: Amendment No. 5 RJM Design Group PW1819-1^01.pdf

21. A PUBLIC HEARING TO CONSIDER AN ADDENDUM TO THE ONTARIO PLAN 2050

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND AN AMENDMENT TO THE CALIFORNIA COMMERCE CENTER SPECIFIC PLAN (FILE NO. PSPA22-006) That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Design Services Agreement for contract No. PM 1819-1 with RJM Design Group of San Juan Capistrano, California, to provide On-Call Landscape Architectural Services for the Ontario Mills Landscape Design Project in a total amount of $102,100 and a total not-to-exceed amount of $527,100.

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 consider and adopt:

A. A Resolution approving an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report for File No. PSPA22-006; and B. A Resolution approving File No. PSPA22-006, amending the California Commerce Center Specific Plan to change the land use designation from Commercial/Food/Hotel to Light Industrial, update exhibits and text to support the change, and bring the Specific Plan into compliance with The Ontario Plan 2050 (General Plan) for 16.65 acres of land located at the southwest corner of Rockefeller Avenue and Wanamaker Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT,

PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO. PSPA22-006.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-006, AN AMENDMENT TO THE CALIFORNIA COMMERCE CENTER SPECIFIC PLAN

TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL/FOOD/HOTEL TO LIGHT

INDUSTRIAL, UPDATE EXHIBITS AND TEXT TO SUPPORT THE CHANGE, AND BRING THE SPECIFIC PLAN INTO COMPLIANCE WITH THE ONTARIO PLAN 2050 (GENERAL PLAN), ON 16.65

ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ROCKEFELLER AVENUE AND WANAMAKER AVENUE, AT 1350 AND 1375 S. WOODRUFF WAY, WITHIN THE CALIFORNIA COMMERCE CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS:

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10 ATTACHMENT: 20231121 PSPA22-006 CC^01 PC Back-up.pdf ATTACHMENT: PSPA22-006 CC^02^Addendum^RESO^RM
ATTACHMENT: PSPA22-006 CC^03 Addendum Reso Attach A - Addendum.pdf ATTACHMENT: PSPA22-006 CC^04 Addendum Appendices.pdf
ATTACHMENT: PSPA22-006 CC^05^SPA^RESO^RM
ATTACHMENT: PSPA22-006 CC^06 SPA Reso Attach A - Clean SPA.pdf ATTACHMENT: PSPA22-006 CC^07 SPA Reso Attach B.pdf

22. A PUBLIC HEARING TO CONSIDER AMENDING THE GENERAL PLAN LAND DESIGNATIONS (FILE NO. PGPA23-001) AND ZONE CHANGES (FILE NO. PZC23-003) ON VARIOUS

PROPERTIES THROUGHOUT THE CITY
0238-201-41 AND 0238-221-22.

That the City Council consider the following:

A. Adopt a Resolution approving the use of an Addendum to The Ontario Plan 2050 (TOP) Supplemental Environmental Impact Report (SEIR) (State Clearinghouse No. 2021070364);
B. Adopt a Resolution for an amendment to the Policy Plan (General Plan) component of The Ontario Plan to modify the Land Use Plan (Exhibit LU-01) and Exhibit LU-03 (Future Buildout) changing the land use designation; and
C. Introduce and waive further readings of an Ordinance approving a Zone Change application (File No. PZC23-003) to rezone.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE ONTARIO PLAN 2050 CERTIFIED SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2021070364), FOR WHICH AN INITIAL STUDY

WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PGPA23-001 AND PZC-23-003.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA23-001, AN AMENDMENT TO THE POLICY PLAN (GENERAL PLAN) COMPONENT OF THE ONTARIO PLAN TO: [1] MODIFY THE LAND USE PLAN (EXHIBIT LU-01) AND EXHIBIT LU-03 (FUTURE BUILDOUT) CHANGING THE LAND USE DESIGNATION FOR 3.8 ACRES OF LAND FROM HIGH-DENSITY RESIDENTIAL TO MIXED USE - DOWNTOWN, [2] MODIFY THE LAND USE PLAN (EXHIBIT LU-01) AND EXHIBIT LU-03 (FUTURE BUILDOUT) CHANGING THE LAND USE DESIGNATION FOR 9.3 ACRES OF LAND, FROM MEDIUM-DENSITY RESIDENTIAL TO LOWDENSITY RESIDENTIAL, [3] MODIFY THE LAND USE PLAN (EXHIBIT LU-01) AND EXHIBIT LU-03 (FUTURE BUILDOUT) CHANGING THE LAND USE DESIGNATION FOR 4.7 ACRES OF LAND FROM HIGH-DENSITY RESIDENTIAL TO MEDIUM-DENSITY RESIDENTIAL, [4] MODIFY THE LAND USE PLAN (EXHIBIT LU-01) AND EXHIBIT LU-03 (FUTURE BUILDOUT) CHANGING THE LAND USE DESIGNATION FOR 9.8 ACRES OF LAND FROM BUSINESS PARK TO MIXED USE – EAST HOLT, AND [5] MODIFY THE TEXT IN THE LAND USE DESIGNATION SUMMARY TABLE (EXHIBIT LU-02) TO ALLOW CIVIC USES WITHIN THE MIXED-USE DOWNTOWN LAND USE DESIGNATION. AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110-072-25, 0110-081-06, 0110-081-07, 1008-551-01, 1008-551-07, 1008-551-11, 1008-551-12, 1008-551-13, 1008-561-06, 1010-491-02, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11 ATTACHMENT: File Nos. PGPA23-001 PZC23-003^01 Attachment 1.docx ATTACHMENT: 20231121 File Nos. PGPA23-001 PZC23-003^02 PC Back-up.pdf ATTACHMENT: File Nos. PGPA23-001_PZC23-003^03^RESO^Addendum^RM ATTACHMENT: File Nos. PGPA23-001 PZC23-003^04 Addendum.pdf ATTACHMENT: File Nos. PGPA23-001_PZC23-003^05^RES-GPA^RM ATTACHMENT: File Nos. PGPA23-001 PZC23-003^06^ORD-ZC^RM

23. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE SUBAREA 29 SPECIFIC PLAN (FILE NO. PSPA21-005)
1010-491-03, 1010-491-16, 1048-344-03, 1048-353-04, 1048-353-05, 1048-353-09, 1048-353-13, 1048-353-14, 1048-576-01, 1048-576-02, 1048-604-13, 1048-604-14, AND 1048-604-15.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-003, A ZONE CHANGE REQUEST TO AMEND THE OFFICIAL ZONING MAP: [1] REZONING 3.8 ACRES OF LAND FROM HDR-45 (HIGH-DENSITY RESIDENTIAL) TO MU-1 (DOWNTOWN MIXED USE), [2] REZONING OF 9.8 ACRES OF LAND FROM BP (BUSINESS PARK) TO MU-6 (EAST HOLT MIXED USE), AND [3] REZONING 5.75 ACRES OF LAND FROM OL (LOWINTENSITY OFFICE) TO MU-1 (DOWNTOWN MIXED USE), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110-072-25, 0110-081-06, 0110-081-07, 1048-344-03, 1048-353-04, 1048- 353-05, 1048-353-09, 1048-353-13, 1048-353-14, 1048-541-15, 1048-576-01, AND 1048-576-02.

That the City Council consider and adopt:

A. A Resolution adopting the Subsequent Environmental Impact Report (SEIR) (State Clearinghouse No. 2004011009) for the Subarea 29 Specific Plan Amendment, including the adoption of a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; and
B. A Resolution approving File No. PSPA21-005, an Amendment to the Subarea 29 Specific Plan (File No. PSPA21-005), to include: [1] the annexation of 113.2 gross acres of land, located on the southwest corner of Haven Avenue and Eucalyptus Avenue and establish Planning Area 32 (Mixed Residential (5-25 du/ac), Planning Area 33 (Mixed Residential (5- 25 du/ac), and Planning Area 34 (School); [2] change the land use designation for Planning Area 30 from Conventional Large Lot (3-6 du/ac) to Mixed Residential (5-25 du/ac) and Planning Area 31 from Conventional Medium Lot (4-6 du/ac) to Mixed Residential (5-25 du/ac); [3] establish development standards for 7 new residential product types; and [4] various changes to the Specific Plan land use map, land use table, development standards, exhibits, and text modification to reflect the proposed annexation and land use changes.

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

ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CERTIFYING THE SUBAREA 29 SPECIFIC PLAN AMENDMENT (FILE NO. PSPA21-005) FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2004011009),

AND ADOPTING FINDINGS OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE PROJECT. THE SUBAREA 29

SPECIFIC PLAN IS BOUNDED BY EUCALYPTUS AVENUE TO THE NORTH, THE CUCAMONGA CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12 ATTACHMENT: File No. PSPA21-005^01 Exhibits.docx
ATTACHMENT: File No. PSPA21-005^03^EIR^RESO^RM
ATTACHMENT: File No. PSPA21-005^04 Final EIR, RTC, MMRP.pdf ATTACHMENT: File No. PSPA21-005^05^SPA^RESO^RM
ATTACHMENT: File No. PSPA21-005^06 SPA Document.pdf

24. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 5.03.363, "SHORT TERM RENTALS," OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE,

UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY

CREEK CHANNEL TO THE WEST, THE COUNTY LINE CHANNEL AND BELLEGRAVE AVENUE TO

THE SOUTH, AND MILL CREEK AVENUE TO THE EAST, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0218-331-12, 0218-331-14, 0218-331-18, 0218-331-30, 0218-331-31, AND 0218-331-52.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA21-005, AN AMENDMENT TO THE SUBAREA 29 SPECIFIC PLAN TO BRING THE

SPECIFIC PLAN INTO COMPLIANCE WITH THE ONTARIO PLAN POLICY PLAN (GENERAL PLAN) LAND USE PLAN THAT INCLUDE: [1] THE ANNEXATION OF 113.2 GROSS ACRES OF LAND,

LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND EUCALYPTUS AVENUE AND ESTABLISH PLANNING AREA 32 (MIXED RESIDENTIAL (5-25 DU/AC), PLANNING AREA 33 (MIXED RESIDENTIAL (5-25 DU/AC), AND PLANNING AREA 34 (SCHOOL), [2] CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 30 FROM CONVENTIONAL LARGE LOT (3-6 DU/AC) TO MIXED RESIDENTIAL (5-25 DU/AC) AND PLANNING AREA 31 FROM CONVENTIONAL MEDIUM LOT (4-6 DU/AC) TO MIXED RESIDENTIAL (5-25 DU/AC) TO BRING THE SPECIFIC PLAN INTO COMPLIANCE WITH THE ONTARIO PLAN POLICY PLAN (GENERAL PLAN) LAND USE PLAN, [3] ESTABLISH DEVELOPMENT STANDARDS FOR 7 NEW PRODUCT TYPES WITHIN THE RESIDENTIAL LAND USE DESIGNATIONS, AND [4] VARIOUS CHANGES TO THE SPECIFIC PLAN LAND USE MAP,

LAND USE TABLE, DEVELOPMENT STANDARDS, EXHIBITS, AND TEXT MODIFICATION TO REFLECT THE PROPOSED ANNEXATION AND LAND USE CHANGES. THE SUBAREA 29 SPECIFIC

PLAN IS BOUNDED BY EUCALYPTUS AVENUE TO THE NORTH, THE CUCAMONGA CREEK

CHANNEL TO THE WEST, THE COUNTY LINE CHANNEL AND BELLEGRAVE AVENUE TO THE

SOUTH, AND MILL CREEK AVENUE TO THE EAST, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0218-331-12, 0218-331-14, 0218-331-18, 0218-331-30, 0218-331-31, AND 0218-331-52.

That the City Council introduce and waive the first reading of an Ordinance amending subsections C, D, E, F, I, J and K of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO

DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY.

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

SHORT-TERM RENTAL PERMIT APPLICATION FEE UNDER ONTARIO DEVELOPMENT CODE SECTION 5.03.363(C).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13 ATTACHMENT: Short Term Rental^ORD^RM
ATTACHMENT: Establishing Short Term Rental^RESO^RM

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
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 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) November 21, 2023
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
15 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
OCTOBER 17, 2023
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, October 17, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:31 p.m.

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

INVOCATION
Mayor Leon led a moment of silence in lieu of an invocation.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were four written public comments:

Jazmin Bahena, regarding a campaign for Palestinian Rights.

Jeannie Bahena, regarding a campaign for Palestinian Rights.

Maria Bahena, regarding a campaign for Palestinian Rights.

Saif Aldeen Alomari, regarding a campaign for Palestinian Rights.

Mayor Leon called upon the first speaker:

Megan Barlow, spoke in opposition of illegal massage parlors.

Sabrina Robles, announced the Ontario Police Department’s annual open house. 16 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

Neha Upandriyaya, introduced herself as a representative of Senator Rubio’s office, and announced upcoming events.

Maria Galvan, spoke on political signs.

Mario Huante, spoke on the Arizona State Constitution.

Karen Haughey, Representative of San Bernardino County Board Supervisor Curt Hagman announced upcoming events.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.

CONSENT CALENDAR
Council Member Valencia pulled Item No. 14 from the Consent Calendar for a separate vote.

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 4-0, to approve the Consent Calendar as presented with the exception of Item No. 14, and with Council Member Wapner absent.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of September 19, 2023, approving the same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills September 15, 2023 through September 28, 2023 in the amount of $13,454,092.06, and Payroll August 28, 2023 through September 23, 2023 in the amount of $5,313,047.34.

3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED

VEHICLE PARKING ON PUBLIC STREETS
The City Council adopted an Ordinance to amend Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code pertaining to standards for oversized vehicle parking on public streets. First reading and introduction took place at a regular meeting on October 3, 2023.
17 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

ORDINANCE NO. 3261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO

OVERSIZED VEHICLE PARKING ON PUBLIC STREETS

4. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.

RESOLUTION NO. 2023-144 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.

5. PURCHASE OF EXPLOSIVES STORAGE UNITS FROM KL SECURITY ENTERPRISES, INC. FOR THE ONTARIO FIRE DEPARTMENT BOMB SQUAD The City Council authorized the City Manager or designee to execute the purchase of explosives storage units from KL Security Enterprises, Inc., of Lafayette, IN, in the amount of $170,000.

6. A LEASE AGREEMENT WITH CHAFFEY COMMUNITY ART ASSOCIATION The City Council authorized the City Manager, or designee, to execute a Lease Agreement with the Cha
ey Community Art Association, dba Cha
ey Community Museum of Art (CCAA), of Ontario, California, for use of a City-owned building and adjacent property located at 217 South Lemon for the purpose of exhibiting and promoting local art and artists.

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

PARSONS CORPORATION FOR ENGINEERING AND DESIGN SERVICES FOR THE I-10 FREEWAY AT GROVE AVENUE AND FOURTH STREET

INTERCHANGE AND GROVE AVENUE CORRIDOR PROJECT
The City Council approved Amendment No. 9 to the Professional Services Agreement with Parsons Corporation of Illinois, for additional engineering and design services for the I-10 Freeway at Grove Avenue and Fourth Street Interchange and Grove Avenue Corridor Project in the amount of $485,507, for a total not-to-exceed amount of $5,049,698; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits. 18 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

8. A SOLE SOURCE PURCHASE OF MOBILE SURVEILLANCE UNITS (MSUS)

FROM ECAMSECURE
The City Council approved and authorized the City Manager or his designee to execute all documents necessary for the sole source purchase of 15 Mobile Surveillance Units (MSUs) from ECAMSECURE, of Long Beach, California in the amount of $512,000.

9. A CONSTRUCTION CONTRACT WITH CHAPMAN COAST ROOF CO., INC. FOR THE DOROTHY A. QUESADA COMMUNITY CENTER ROOF REPLACEMENT

PROJECT
The City Council took the following actions:

A. Authorized the City Manager or his designee to complete and execute Construction Contract No. D&C23-016 with Chapman Coast Roof Co., Inc., located in Fullerton, California, for the Dorothy A. Quesada Community Center Roof Replacement Project in the amount of $284,987;
B. Authorized a 10% contingency of $28,499 to address any unforeseen issues that arise during construction for a total contract amount not-to-exceed $313,486; and
C. 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 a notice of completion at the conclusion of all construction related activities.

10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH BAY

ALARM COMPANY FOR THE ONTARIO POLICE DEPARTMENT FIRE

NOTIFICATION SYSTEM DESIGN
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Amendment No. 7 to the Maintenance Services Agreement with Bay Alarm Company, located in Concord, California, for the Ontario Police Department Fire Notification System Design in an amount of $11,925 for a total not-to-exceed contract amount of $1,022,272; and
B. 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 a notice of completion at the conclusion of all construction related activities.
19 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

11. AMENDMENTS TO THE DESIGN SERVICES AGREEMENT WITH HOLT ARCHITECTS, INC. FOR ON-CALL ARCHITECTURAL SERVICES FOR THE

ONTARIO POLICE DEPARTMENT MASTER PLAN, REAL TIME INFORMATION

CENTER, AND TRAINING DIVISION
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Amendment No. 6 to the On-Call Design Services Agreement with Holt Architects, Inc., located in Palm Desert, California, for the Ontario Police Department Real Time Information Center and Training Division Design for an amount of $338,970; B. Authorized the City Manager or his designee to execute Amendment No. 7 to the On-Call Design Services Agreement with Holt Architects, Inc., located in Palm Desert, California, for the Ontario Police Department Master Plan Design for an amount of $143,582 for a total contract not-to-exceed amount of $1,055,066; and
C. 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 a notice of completion at the conclusion of all construction related activities.

12. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

WESTERN AUDIO VISUAL FOR THE ONTARIO POLICE DEPARTMENT GYM

EXPANSION PROJECT
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Amendment No. 3 to the Maintenance Services Agreement with Western Audio Visual, located in Orange, California, for the Ontario Police Department (OPD) Gym Expansion Project for an amount of $67,622; and
B. 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 a notice of completion at the conclusion of all construction related activities.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING INC. (A.T.A.C.)
The City Council authorized the City Manager or his designee to execute Amendment No. 7 to the Professional Services Agreement with American Threat Assessment Consulting Inc. (A.T.A.C.) of Rancho Cucamonga, California to add the purchase of additional equipment for the Civic Center remodel project and the Real Time Information Center in the amount of $71,521, for a total contract not-to-exceed amount of $1,604,021.
20 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

15. AUTHORIZE THE PURCHASE OF OUTDOOR FITNESS EQUIPMENT WITH

GREENFIELDS OUTDOOR FITNESS FOR VINEYARD PARK
The City Council authorized the cooperative purchase of Outdoor fitness equipment with Greenfields Outdoor Fitness for Vineyard Park in the amount of $171,081 plus a 10% contingency of $17,109 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed contract amount of $188,190 from Greenfields Outdoor Fitness, of Anaheim, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010721-GRN.

16. A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT COFFEE &

ASSOCIATES FOR THE ANTHONY MUNOZ COMMUNITY CENTER

GYMNASIUM
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Professional Services Agreement D&C23-015 Anthony Munoz Gymnasium to Robert Co
ee & Associates, of Newport Beach, California, for the Anthony Munoz Community Center Gymnasium Project, for a total not-to-exceed contract amount of $971,820; and
B. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

ITEM PULLED FROM CONSENT CALENDAR

14. ACCEPTANCE OF PRIORITY LEGISLATIVE BUDGET PROJECT (PLBP)

EARMARK FUNDS FROM THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) FOR THE DE ANZA PARK LIGHTING

IMPROVEMENTS PROJECT, MISSION BOULEVARD MEDIAN

IMPROVEMENTS PROJECT, AND RECREATION YOUTH ACTIVITIES AND

YOUTH SPORTS PROGRAM
The City Council authorized the City Manager or his designee to execute all documents necessary to accept the Priority Legislative Budget Project (PLBP) earmark funds in the amount of $4,500,000 from the California Department of Transportation (Caltrans) for the De Anza Park Lighting Improvements Project, Mission Boulevard Median Improvements Project, and Recreation Youth Activities and Youth Sports Program.
21 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

Council Member Valencia expressed gratitude to Former Senator Connie Leyva and credited her with earmarking funds for these types of projects.

MOTION: Moved by Council Member Valencia seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, to accept Priority Legislative Budget Project funds.

PUBLIC HEARINGS

17. A PUBLIC HEARING TO CONSIDER ADOPTION OF THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-004) TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE

PROJECT SITE LOCATED AT THE NORTHWEST CORNER OF EUCLID

AVENUE AND WALNUT STREET
The City Council adopted a Resolution approving the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report, and introduced and waived further reading of an Ordinance approving the Euclid Walnut Planned Unit Development (File No. PUD22-004).

RESOLUTION NO. 2023-145 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE USE OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT

REPORT, PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PUD22-004, PDEV22-027, AND PHP22-015.

ORDINANCE NO. 3262 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING FILE NO.

PUD22-004, THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT,

ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT SITE GENERALLY LOCATED AT THE NORTHWEST

CORNER OF EUCLID AVENUE AND WALNUT STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1051-271-67, 1051-271-06, AND 1051-271-66.

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 and inquired if anyone was interested in speaking to the item.

Rafael Legido, spoke in support of the developer hiring local talent.

Ben Mount, spoke in support of the project.
22 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 17, 2023

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

The Mayor and City Council discussed the matter and supported the developer hiring local talent.

Mayor Leon reopened the public hearing.

Maria Galvan, spoke in support of hiring local talent.

Chris Robles, spoke in support of hiring local talent.

Hearing no one else, Mayor Leon closed the public hearing.

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, to adopt Resolution No. 2023-145 and introduce Ordinance No. 3262.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Valencia made no comments.

Council Member Bowman made no comments.

Mayor Pro Tem Dorst-Porada announced the upcoming Ontario Art Walk.

Mayor Leon made no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:13 p.m. and announced the next regular meeting was scheduled for November 7, 2023.

Respectfully submitted,
___________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
23 Department: Planning
Prepared By: Kimberly Ruddins
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: SELECTION OF INLAND EMPIRE RESOURCE CONSERVATION DISTRICT AS THE

LAND TRUST FOR ADMINISTRATION OF THE ONTARIO RANCH (NEW MODEL

COLONY) GREATER PRADO BASIN HABITAT CONSERVATION PROGRAM HABITAT

MITIGATION FEE

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve the selection of the Inland Empire Resource Conservation District (IERCD) as the administrator of the Greater Prado Basin Habitat Conservation Program (GPBHCP) Ontario Ranch (New Model Colony) Habitat Mitigation Fees and direct the City Manager or designee to facilitate the purpose and goals of the Memorandum of Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: In January 1998, the Ontario City Council approved a General Plan Amendment (GPA) and associated Final EIR for the sphere of influence (SOI), which is now known as the Ontario Ranch [previously the New Model Colony (NMC)]. The GPA designated Ontario Ranch for a range of urban and suburban uses, including residential, commercial, business park, industrial, and open space. Most of Ontario Ranch was then in agricultural use. The Final EIR for the GPA assessed the impacts on biological resources of the conversion of Ontario Ranch from agricultural uses to developed urban and suburban uses. Before mitigation, significant impacts were identified for waterfowl and waterfowl habitat, raptors and raptor habitat, and the Delhi Sands Flower-Loving Fly (DSFLF) Ontario Recovery Unit. The EIR included three mitigation measures for impacts to biological resources.

Subsequent to the 1998 adoption of the SOI GPA and EIR, a lawsuit was filed against the City of Ontario by the Endangered Habitats League and the Sierra Club, challenging the City’s CEQA 24 compliance and approval of the SOI GPA. A Settlement Agreement was reached and agreed to by all parties that set forth revised mitigation measures for potential impacts in the Ontario Ranch (referred to as Annexation Area 163 in the Agreement) to the burrowing owl, the DSFLF, raptor foraging and wildlife habitat, loss of open space, actual and potential habitat, and agricultural land, and sensitive (listed and non-listed) species. These measures will be in effect until all the developable acres in the Ontario Ranch reach full buildout, as determined by the City.

Since the Settlement Agreement, in 2003, the City established a habitat mitigation fee to cover potential environmental impacts to the Burrowing Owl, DSFLF, raptor foraging, loss of open space, and agricultural lands. Development impact fees for new development in Ontario Ranch were adopted on June 23, 2003, by the City Council. The Ontario Ranch development impact fees include a habitat mitigation fee of $4,320 per net acre for proposed residential, commercial, hotel and restaurant, office, and industrial development. Mitigation fees have been collected by the City and have been deposited into a trust fund to be used for the acquisition, restoration, rehabilitation, and/or maintenance of lands deemed to have long-term conservation value. Up to 25 percent of the fees may be used for DSFLF. In addition, the current City procedure requires the preparation of a habitat assessment to determine if habitat and biological resources exist on sites proposed for development. If the assessment determines that there is potential habitat for sensitive species, focused protocol surveys are required. If potential DSFLF habitat is present, two-year (consecutive) protocol surveys per the USFWS Interim General Survey Guidelines for DSFLF are required.

Parties to the Settlement Agreement formed an Advisory Committee which oversaw the selection of Riverside Land Conservancy (RLC) to conduct the initial Strategic Planning and would be disbanded upon selection of the land trust, with long term oversight of the land trust provided by the City. In 2006, the Ontario City Council approved the selection of the RLC (today known as River and Land Conservancy) to create a habitat program pursuant to the requirements of the Settlement Agreement. RLC developed a two-phased Greater Prado Basin Habitat Conservation Plan (GPBHCP) Habitat Mitigation Program. Phase 1 was the preparation of a Strategic Plan, while Phase 2 was to be the Program Implementation. In 2010, the City of Ontario approved the selection of RLC as the land trust administrator for the New Model Colony (NMC) habitat mitigation fees as part of Phase 2 of the program. However, due to the economic downturn, the contract between the City and the Riverside Land Conservancy was never ratified. Due to the slower economic recovery and, more recent Covid-19 Pandemic, the City has not been able to implement the program but has continued to collect the Habitat Conservation and Open Space Mitigation development impact fees. In the interim, the City has participated in the development of other projects within the Prado Basin including the Mill Creek Wetlands, completed in 2016. This multi-jurisdictional project incorporated 66 acres of wetland basins along a 2.35-mile section of Mill Creek, transforming it into a natural water quality treatment system providing regional environmental and recreational benefits within an underutilized area of the Prado Basin.

In August 2022, Staff reinitiated the GPBHCP through solicitation of proposals from non-profit land trusts and organizations specializing in habit conservation. Two proposals were received, although one was disqualified for not meeting the minimum standards. Following internal Advisory Committee meetings, after a thorough proposal review and interview, the Advisory Committee agreed to select the Inland Empire Resource Conservation District (IERCD) as the most qualified land trust. Additionally, as stipulated in the Settlement Agreement, the contract will identify the City's 25 responsibility for oversight of the fund disbursement to ensure IERCD acts "in a fiscally responsible and professional manner."
A Memorandum of Agreement allows for City Staff and IERCD to refine and implement the threephased Habitat Mitigation Program. Phase 1 will be to refine the scope of work and concurrence on mutually agree definition of project success, while Phase II will be the development of a fiscally responsible sustainable Action Plan that provides a framework for identification and selection opportunities for restoration/rehabilitation/protection of habitat. Phase III will be implementation of selected projects. The Action Plan will identify potential properties for acquisition, with a focus on habitat identification and evaluation of species of primary concern include the Burrowing Owl, the Delhi Sands Flower Loving Fly, raptors, waterfowl and other riparian species. The long-term maintenance of potential habitat will also be considered. IERCD will use biologists, wildlife experts and GIS mapping technology to evaluate potential habitat in the Chino Basin. Based on their findings, IERCD will make long-term and short-term recommendations as to which properties to acquire/control through purchases, easements or other appropriate legal mechanisms for long term protection. Phase 1 would be completed within 12 months of the full execution of the Memorandum of Agreement. Phase 2 work will involve developing the procedures for selection of acquisition/control of the land and identification of potential projects, while Phase III is implementation of projects identified in Phase II. The timing and number of acquisitions is unknown at this time but will be affected by the strategies that IERCD recommends and the availability of Habitat Mitigation funds. IERCD will be responsible for quarterly program progress/fund expenditure reporting to the City and bi-yearly Board of Directors presentation of the Habitat Mitigation Program to the City Council.
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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: 4
SUBJECT: AN AGREEMENT WITH HEXAGON SAFETY & INFRASTRUCTURE FOR THE

PURCHASE OF A NEW COMPUTER AIDED DISPATCH (CAD) SYSTEM, AND AMENDMENT NO. 4 WITH NATIONAL PUBLIC SAFETY GROUP

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute a five (5) year Agreement with Intergraph Corporation, a Delaware corporation, by and through its Hexagon Safety & Infrastructure division, with its principal place of business in Madison, Alabama, for public safety computer aided dispatch (I/CAD) software and recurring annual maintenance fees in the amount of $3,179,468;
B. Authorize the City Manager or his designee to execute a Professional Services Agreement with Hexagon for project implementation and training services for the public safety computer aided dispatch platform in the amount of $2,006,648, including a 10 percent implementation contingency of $182,423, for a total contract not-to-exceed amount of $5,186,116; and C. Authorize the City Manager or his designee to execute Amendment No. 4 to the current Agreement with National Public Safety Group (NPSG), LLC, of Aberdeen, North Carolina, for system selection, procurement, and project management in the amount of $586,415, for a total contract not-to-exceed amount of $963,634; and
D. Authorize the City Manager or his designee to execute $1,000,000 for project hardware and implementation contingency expenses.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: Hexagon software license, recurring maintenance and professional services, travel, training, and project contingency required to transition the City's computer-aided dispatch (CAD) to Hexagon I/CAD Dispatch is for a total contract not-to-exceed of $5,186,116, which includes ongoing annual software licensing and maintenance of $1,617,506 for year one, $362,394 for year two, $380,513 for year three, $399,539 for year four, and $419,516 for year five, $1,824,225 for I/CAD Custom Interface, and I/Cad Project Services, a 10% project contingency for I/CAD Custom 60 Interface, and I/Cad Project Services for $182,423;
NPSG professional services required to transition the City's computer-aided dispatch (CAD) to the Hexagon I/CAD Dispatch in the amount of $586,415 for consulting services and project management, with a total contract not-to-exceed amount of $963,634; Project hardware and implementation contingency expenses not-to-exceed $1,000,000.

Professional services compensation is based upon actual time expended and reimbursement of expenses. Appropriations for the project implementation have been included in the Approved Budget for Fiscal Year 2023-24. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS: The Computer-Aided Dispatch (CAD) system, utilized by City of Ontario Public Safety dispatchers in our Police and Fire Communication centers, is used to prioritize and record incident calls, identify the status and location of responders in the field, and effectively dispatch responder personnel. Public Safety responders in the field can receive messages initiated by CAD systems via their Mobile Data Computers (MDCs), radios, and cell phones. The City's current Public Safety Computer Aided Dispatch system, Central Square Total Command CAD, was purchased and implemented over 19 years ago. The system is out dated and runs on older equipment that doesn't quickly scale as the demand for communications increases.

On November 2022, the City issued an RFP to solicit proposals for a public safety platform. After receiving six competitive bids, Hexagon's HxGN I/CAD Dispatch was selected to replace the current system. Hexagon is very configurable, which allows Ontario Fire and Ontario Police to have different settings and filters to help first responders best do their job specifically for their responsibilities – working Fire, Police, or EMS – Call taking, Dispatching, Radio Operator. This equates to faster response times to get a first responder to a call for service faster, which further equates to increased officer and public safety. Hexagon will allow for automated vehicle dispatching to ensure that the closest, most appropriate unit is dispatched on the calls for service. In addition, the City has partnered with the National Public Safety Group (NPSG), a consulting firm in the public safety software market, for several years, and NPSG has an in-depth understanding of our requirements at Ontario Fire and Ontario Police. NPSG will provide project management consulting throughout the project. Staff requests City Council award the Agreement to Hexagon AB and approve the Amendment with NPSG.
61 46700.00100\40935195.1
BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___ (the “Effective Date”), by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and INTERGRAPH CORPORATION, a Delaware corporation, by and through its Hexagon Safety & Infrastructure division, with its principal place of business at 305 Intergraph Way, Madison, Alabama 35758 ("Consultant" or “Hexagon”). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to provide the services and software licenses described in Exhibit A:

Statement of Work on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing public safety software and related services to public clients and is authorized to transact business in the State of California and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such software licenses and professional services for a Public Safety Computer Aided Dispatch and Mobile Data System (“System”) as set forth in this Agreement.

PAUL S. LEO N
MAYO R

DEBRA PO RADA

MAYO R PRO TEM
ALAN D. WAPNER
JIM W. BO WMAN

RUBEN VALEN CIA

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

TREASURER

SCO TT O CHO A

CITY MAN AGER
62 46700.00100\40935195.1
BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City the professional services to perform Consultant’s obligations and provide the software described in that certain Statement of Work attached hereto as Exhibit "A" and incorporated herein by reference (“Services”).

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto that are incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

To the extent a new law, rule, or regulations are promulgated after the Effective Date that materially affects the scope set forth in Exhibit A, then the Parties will address such material change through a Change Order.

3.1.2 Term. The term of this Agreement shall be from the Effective Date until one (1) year after Cutover of I/CAD (as described in Exhibit A) unless earlier terminated as provided herein. Consultant and City agree to timely perform their obligations under this Agreement as provided in the then current project schedule approved by both Parties. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed the costs expressed in Exhibit “C” without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized through, and only through, a change order or amendment, as described below, and if authorized, will be compensated at then current rates.

NOTE: Annual Maintenance or Subscription fees cannot be increased more than 3% annually.

3.2.2 Payment of Compensation. Consultant shall submit to City an invoice in compliance with Exhibit “D” which indicates the payment milestone completed in accordance with the Task Acceptance Process, described in the Statement of Work (Exhibit A). The prices listed in Exhibit C are exclusive of applicable sales/use tax. To the extent sales/use tax applies to this Contract, applicable tax will be added to each payment invoice, which the City shall pay within 30 days of receiving such invoice provided the City has not disputed the invoice as provided herein. By execution of this Agreement and completion of the Task Acceptance Process, the City approves the invoicing of such payments up to the amount specified in Exhibit C. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within twenty-one (21) days of receipt of an invoice of any disputed fees set forth therein, except where some work cannot be determined to be successfully operational until the System is in live operation. Payment shall not constitute acceptance of any Services 63 46700.00100\40935195.1
BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement except for sales/use tax as provided above.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. Moreover, Consultant is not obligated to perform Extra Work unless it consents to performing the Extra Work, which consent shall be exclusively determined by its execution of a change order or amendment that contemplates or includes the Extra Work. In no event shall Extra Work be included within the scope of this Agreement or Exhibit A or otherwise be binding on either Party unless such Extra Work has been memorialized in a mutually executed change order or amendment.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of
Subordinates. The Services shall be performed by an employee of Consultant or its subcontractors. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be the Consultant's employee, under the Consultant’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant may only use subconsultants or subcontractors with written approval by the Customer.

3.3.2 Schedule of Services (Project Schedule). Both parties shall perform their activities, tasks, and responsibilities assigned to them in the Statement of Work in a prompt and timely manner and in accordance with the Schedule of Services (Project Schedule) set forth in Exhibit "A,” which shall be updated in accordance with Task 1 of the Statement of Work and may be further updated from time to time in accordance with the Statement of Work. Consultant represents that it has the professional and technical personnel required to perform the Services, and City warrants it shall provide necessary personnel with appropriate qualifications and experience to perform its assigned tasks and 64 46700.00100\40935195.1
BB&K (2023) -4- PROFESSIONAL SERVICES AGREEMENT
activities as set forth in the Statement of Work expeditiously. Upon execution of this agreement, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services (Project Schedule) within 60 days of the effective date.

3.3.3 Conformance to Applicable Requirements. The approval of work and Tasks is provided in the Task Acceptance Process as defined and described in the Statement of Work.

3.3.4 City's Representative. The City hereby designates Colin Fernandes, Executive Director, IT, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

City may also have a Professional Consultant act on behalf of the City to perform Project Management services. If this is done, the Consultant will be acting on behalf of the City, though the City makes all final decisions in the case of any conflicts between the City and the City’s Professional Consultant. Otherwise, the Vendor will be required to work with the Consultant as they represent the best interest of the City.

Consultant's Representative. Consultant hereby designates Eric Smith, VP of Operations, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement provided however the Consultant’s Representative does not have the authority to execute amendments and change orders to this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of its assigned portions of the Services under this Agreement. The Consultant’s assigned Project Manager must be approved by the City and cannot be changed without written approval from the City. Upon an employee leaving the Consultant, and a new Project Manager being assigned, this Project Manager must still be approved by the City.

3.3.5 Coordination of Services. As more particularly described in the Statement of Work Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times as provided in Exhibit A. Standard of Care; Performance of Employees. Consultant shall perform all of its assigned Services under this Agreement in a skillful and competent manner, consistent with the 65 46700.00100\40935195.1
BB&K (2023) -5- PROFESSIONAL SERVICES AGREEMENT
standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. Notwithstanding anything to the contrary, nothing herein shall obligate or in any way require Hexagon to provide any additional Services or Software beyond what is set forth in the Statement of Work (Exhibit A).

3.3.5.1 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. However, as this is involving the implementation of a public safety software project, if there is a combination of remote and onsite work that can successfully complete the Project, and is agreeable to the parties, a Force Majeure Event may not be reason not to perform for the Consultant. Reasonable alternatives cannot be reasonably withheld by either of the parties.

3.3.5.2 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. 66 46700.00100\40935195.1
BB&K (2023) -6- PROFESSIONAL SERVICES AGREEMENT
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.6 Laws and Regulations; Employee/Labor Certification.

3.3.6.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.6.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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

3.3.6.4 Air Quality. Intentionally removed.

3.3.6.5 Water Quality Management and Compliance. Intentionally removed.

3.3.6.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.7 Insurance.

3.3.7.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided a certificate of insurance to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant, if approved to be used by the City, to commence work on any subcontract until it has provided a certificate of insurance to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.7.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations 67 46700.00100\40935195.1
BB&K (2023) -7- PROFESSIONAL SERVICES AGREEMENT
under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate, which can be met through a combination of a CGL policy and umbrella policy. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability;(3) products/completed operations liability.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence, which can be met through a combination of a CGL policy and umbrella policy.. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.3.7.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, other consultants, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 and 20 37 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: . Hexagon shall provide prompt written notice if its policy is prematurely terminated
(B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, other consultants, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is 68 46700.00100\40935195.1
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responsible. ((2) Cancellation : Hexagon shall provide prompt written notice if its policy is prematurely terminated.
(C) Professional Liability (Errors & Omissions (1 ) Cancellation:

Hexagon shall provide prompt written notice if its policy is prematurely terminated. This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1 ) Cancellation: Hexagon shall provide prompt written notice if its policy is prematurely terminated. (2) Waiver of Subrogation:

A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and other consultants, volunteers. (E) Cyber Liability: Cyber liability coverage with limits of not less than $3,000,000 per occurrence providing protection against liability for Hexagon’s: (1) privacy breaches (including liability arising from the loss or disclosure of confidential information no matter how it occurs); (2) system breach; (3) denial or loss of service; (4) introduction, implantation, or spread of malicious software code; and (5) unauthorized access to or use of computer systems.

Cyber liability insurance shall not include any exclusion or restriction for unencrypted portable devices or other media. Hexagon shall provide prompt written notice if its policy is prematurely terminated.

3.3.7.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, other consultants, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.7.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, other consultants, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Deductibles and Self-Insured Retentions. Any deductible or self-insured retention will be disclosed in writing to the City and shall protect the City, its officials, officers, employees, agents, other consultants, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.7.6 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that 69 46700.00100\40935195.1
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insurer to bind coverage on its behalf. At least fifteen (15 business days) following to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.7.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.7.8 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.7.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.7.10 Additional Insurance Provisions
(A) Except as provided by Section titled “Limitation of Liability,” the foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

3.3.7.11 If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the alternative, City may cancel this Agreement per Section 3.5 below. The City’s officials, officers, employees, agents (excluding the Contractor’s Representative) or volunteers shall not be personally responsible for any liability arising under or by virtue of this Agreement.
(A) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Except as otherwise provided in the Limitation of Liability section, further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(B) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

Insurance for Subconsultants. If allowed to utilize a subconsultant for any work, the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, other consultants, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, other consultants, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Reserved. Intentionally removed

3.4.2 Registration/DIR Compliance. Intentionally removed.

3.4.3 Compliance Monitoring. Intentionally removed.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination for Convenience. City may, by written notice to Consultant, terminate for convenience the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Consultant shall be entitled to retain amounts previously paid and compensated only for those Services and Software licenses which have been rendered to City less amounts previously paid and not in dispute, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all Customer Owned IP. Consultant shall be required to provide within fifteen (15) business days of the request. Termination for Default. 71 46700.00100\40935195.1
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Either Party may terminate this Agreement if the other Party’s materially breaches a material term of this Agreement. In the event a Party materially breaches this Agreement, the non-breaching Party may terminate the Agreement only after providing sixty (60) days notice and opportunity to cure the default. Upon termination, Consultant shall be entitled to retain amounts previously paid and compensated only for those Services and Software licenses which have been rendered to City less amounts previously paid and not in dispute, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, other consultants, volunteers, and agents free and harmless from any and all third party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, for property damage, bodily injury, or death arising out of, pertaining to, or incident to any negligent or willful acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, other consultants, or volunteers. Consultant’s defense and indemnification obligations are expressly conditioned upon the following: (i) The City shall provide prompt written notice to Hexagon of a claim for which it is exercising this clause such that Hexagon is not prejudiced in any way in defending such claim; Hexagon shall have primary control of the defense of the claim, including any litigation, negotiations, or settlement of the claim; and (ii) the City shall fully cooperate in the defense or settlement of the claim.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement provided Hexagon is under no obligation to have its personnel physically go to the City to facilitate compliance with this Section.

Consultant shall allow inspection of all work, data, documents, proceedings, and 72 46700.00100\40935195.1
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activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Intergraph Corporation
Hexagon Safety, Infrastructure and Geospatial division
305 Intergraph Way
Madison, Alabama 35758
ATTN: Hexagon SIG Legal Department
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Toni McNaughton, Assistant IT Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. However, it is also required that the notice be emailed to either party at:
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Consultant: Victor S. Vasile
Regional Divisional Counsel
[email protected]
City: Toni McNaughton
Assistant IT Director
[email protected]

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. .

Hexagon retains ownership and title of all Hexagon developed intellectual property (including, but not limited to, software and documentation made or provided pursuant to this Agreement (“Hexagon IP”). All Hexagon IP provided hereunder are licensed to the City in accordance with Exhibit E (End User License Agreement) which is incorporated by reference herein. Customer shall own information provided by it to Hexagon or data created by the City, including event data stored within the CAD database, data created by the City through its use of I/CAD, reports (excluding the template) prepared by the City (“Customer Owned IP”).

3.7.4.2 All Customer Owned IP shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission.

3.7.4.3 Subconsultants. Third party intellectual property (intellectual property provided by Hexagon but developed by a third party) is licensed in accordance with said third party’s license agreement. Consultant shall ensure any subconsultant also acknowledges and/or agree the City owns all Customer Owned IP.

3.7.4.4 Right to Use. City shall not be limited in any way in its use or reuse of Customer Owned IP or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Customer Owned IP on any project other than this Project, it shall remove the Consultant’s seal from the Customer Owned IP and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Customer Owned IP on such other project. Consultant shall be responsible and liable for Hexagon IP, pursuant to the terms of this Agreement, only with respect to the condition of the Hexagon IP at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Hexagon IP made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.5 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, other consultants, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any US: patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the 74 46700.00100\40935195.1
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Documents & Data, including any method, process, product, or concept specified or depicted.

Hexagon’s defense and indemnification obligations are expressly conditioned upon the following:
(i) The City shall provide prompt written notice to Hexagon of a claim for which it is exercising this clause such that Hexagon is not prejudiced in any way in defending such claim; ii) Hexagon shall have primary control of the defense of the claim, including any litigation, negotiations, or settlement of the claim; and (iii) the City shall fully cooperate in the defense or settlement of the claim. Hexagon shall have no obligation to defend, indemnify, or hold the City free and harmless if: (i) by integration with a product not supplied or authorized by Hexagon, (ii) by materially altering the Hexagon intellectual property, (iii) the City continues to use the product after notified of the potential infringement, (iv) the infringement is the result of designs, customizations, or configurations made or directed to be made by the City, or (v) the City uses the software in a manner inconsistent with the documentation for the product. At its own expense and option, Hexagon may either (i) obtain rights to allow the City to continue using the infringing product, (ii) replace the item with a non-infringing alternative or modify the product while retaining substantially similar software functionality, or (iii) refund the City a prorated portion of the perpetual license software on a five year, straight line depreciation basis beginning at the date off delivery. In such event, the City shall uninstall, crease all use, and return to Hexagon the infringing product.

3.7.4.6 Confidentiality. Except as required by law, the Parties agree not to disclose Confidential Information (as defined below) provided to it by the Disclosing Party to the maximum extent allowable under applicable law unless it first obtains the disclosing Party’s written consent to such disclosure. It is further understood and agreed that money damages may not be a sufficient remedy for any breach of this provision of the Agreement by the Receiving Party and the Disclosing Party may seek equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for a breach of this provision of the Agreement but will be in addition to all other remedies available at law or equity. The covenants set forth herein and the rights and obligations related thereto shall continue for a period of five (5) years from the date of disclosure. “Confidential Information” means any data or information, tangible or intangible, disclosed or made available by either Party (the "Disclosing Party") to the other Party (the "Receiving Party") that the Disclosing Party considers confidential or proprietary and is not generally known in the industry or to competitors of the Disclosing Party and which shall include: (i) tangible information marked by the Disclosing Party with the word "Confidential" or otherwise identified by an appropriate stamp or legend indicating its confidential nature; (ii) information disclosed orally or visually and identified by the Disclosing Party as confidential when disclosed, and confirmed by the Disclosing Party in a written notice within thirty (30) days following disclosure, which notice shall include markings similar to those outlined above; and (iii) all other information that, notwithstanding the absence of markings or designations, would be understood by the Parties, exercising reasonable business judgment, to be confidential. The term Confidential Information does not include information that: (i) is or becomes available in the public domain through no act of the Receiving Party; (ii) has been received on a non-confidential basis from a third party without breach of the Primary Contracting Document, where the Receiving Party has no reason to believe that such third party is bound by any confidentiality obligation to the Disclosing Party; (iii) was developed independently by the Receiving Party without reliance on the disclosed Confidential Information, provided that such independent development can be substantiated; (iv) was within the Receiving Party’s possession prior to its being furnished by the Disclosing Party, where the Receiving Party has no reason to believe that such third party was bound by any confidentiality obligation to the Disclosing Party, (v) is confirmed in writing by the Disclosing Party as not being confidential, or (vi) is not an accepted exception to the California Public Records Act (e.g. a Trade 75 46700.00100\40935195.1
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Secret) and subject to disclosure under applicable law, including, but not limited the California Public Records Act (Gov. Code, § 7920.000) or any other applicable legal process.

3.7.4.7 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have seven (7) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Data

3.7.5.1 Ownership of Data. The City shall own all Customer Owned IP and the Consultant shall have a nonexclusive license to use Customer Owned IP during the term of this Agreement only to perform Consultant’s obligations under this Agreement and for no other purpose. Without limiting the foregoing, Consultant shall not sell any Customer Owned IP to third parties. Unless otherwise permitted under this Agreement, Consultant shall not take or do any act that would unreasonably interfere with City’s access to or use of Customer Owned IP.

3.7.5.2 Data Security. Consultant shall take all reasonable precautions to prevent loss of the City’s data due to acts of Consultant or any approved subconsultant. To protect the privacy and security of the City’s data within Hexagon custody and control and prevent unauthorized access (including unauthorized remote access) to or use of such data, Consultant shall implement internal procedures and systems in connection with the performance of this Agreement consistent with applicable international, federal, state and local laws (“Security Procedures”). The purpose of the Security Procedures is to identify reasonably foreseeable risks to security and unauthorized access to the City’s data in connection with the performance of this Agreement and to minimize security risks, including through risk assessment and regular testing.

Consultant will designate one or more employees to coordinate and be accountable for the Security Procedures. Hexagon agrees it shall not knowingly introduce or place into the City’s environment that includes I/CAD any viruses, Trojan horses, or other malware.

3.7.5.3 Hexagon represents and warrants it has been certified as ISO 27001 compliant.

3.7.5.4 Data/Security Breach. If Consultant becomes aware of a security breach or any other event in connection with the performance of this Agreement that compromises the security, confidentiality or integrity of City data or the Project that is within Hexagon’s control (an “Incident”), Consultant will promptly notify the City in writing and take appropriate actions to resolve the Incident so long as the affected environment is within Hexagon’s control. Consultant will cooperate with the City to investigate the nature and scope of any Incident. In its initial notification to City, Consultant will provide the City with: (i) a description 76 46700.00100\40935195.1
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of the Incident; (ii) the estimated impact of the Incident on data; (iii) the name and contact information of the person at Consultant who will be primarily responsible for resolving the issues for the City; and (iv) the investigative actions taken and the suggested corrective action.

Consultant shall cooperate with City in investigating, assisting with notification of the Incident, and taking corrective action as agreed to by the Parties. In the event that applicable law requires notification to individuals of an Incident that was caused by Consultant, the City will prepare appropriate notices with cooperation (if requested) of Consultant and Consultant shall reimburse the City’s costs of providing such notification. In no event is Hexagon required to secure, investigate, remediate, or otherwise address security incidents or breaches within the City’s network or on-premise software residing on City owned or leased hardware provided that if after City’s investigation it is determined that Hexagon was primarily culpable for the security incident or breach then this limitation shall not apply.

3.7.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement to fulfill the obligations and requirements as set forth in Exhibit A. .

3.7.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The Parties agree and understand that, in the event of any conflict between the terms of this Agreement and the End User License Agreement, the terms of this Agreement shall control.

3.7.8 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action. Attorneys’ Fees awarded hereunder, together with any damages, shall be subject to the Limitation of Liability as provided in Section 3.8.

3.7.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.10 Time of Essence. Time is of the essence as it relates to, and only to, Cutover (as that term is defined in Exhibit A) as compared to the then current Project Schedule adopted by the Parties as provided in Exhibit A. 77 46700.00100\40935195.1
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Notwithstanding anything to the contrary, the Parties acknowledge and agree a Party responsible for a delay of Cutover lasting less than 105 days as measured against the then current Project Schedule shall not be or claimed to be in default of the Agreement or its obligations arising thereunder.

3.7.11 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement in the manner and place where they are ordinarily kept or remotely. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.12 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project provided the City shall abide by the terms of the End User License Agreement and no other party is permitted to or authorized to use Hexagon software.

3.7.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.14 Assignment or Transfer. Neither party shall assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the other party, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement.

All references to City include its elected officials, officers, employees, other consultants, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.16 Amendment; Modification. No supplement, change order, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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3.7.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.18 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.20 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.21 Authority to Enter Agreement. Each Party represents it has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.22 Counterparts. This Agreement may be signed in
counterparts, each of which shall constitute an original.

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

3.8 Limitation of Liability: IN NO EVENT WILL HEXAGON BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED

TO, LOST PROFITS, LOSS OF USE OR PRODUCTION, LOSS OF REVENUE, LOSS OF DATA, OR

CLAIMS OF THIRD PARTIES, EVEN IF HEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE TO CONTRARY WITHIN THE

AGREEMENT, UNDER NO CIRCUMSTANCE WILL HEXAGON'S LIABILITYUNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY ATTORNEY’S FEES AWARDED PURSUANT TO SECTION

3.7.8 ABOVE, EXCEED 1.25 TIMES THE AMOUNT THAT HEXAGON HAS BEEN PAID BY CITY UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY SET

FORTH IN THIS SECTION SHALL NOT APPLY TO CLAIMS OR LOSSES RESULTING FROM A BREACH 79 46700.00100\40935195.1
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OF CONFIDENTIALITY, REFUSAL TO PROVIDE SERVICES, DEATH, BODILY INJURY, DAMAGE TO

TANGIBLE PROPERTY, VIOLATION OF APPLICABLE LAW, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

3.9 Resolution Protocol. The Parties shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to the Master Agreement or Order made pursuant to the Agreement (“Dispute”) in accordance with the provisions set forth herein. If either Party disputes any provision of the Agreement (the “Disputing Party”), or the interpretation thereof, or any conduct by the other Party under the Master Agreement, the Disputing Party shall bring the matter to the attention of the other Party at the earliest possible time in order to resolve the Dispute, except for Disputes for non-payment. If such Dispute is not promptly resolved by the employees responsible for the subject matter of the Dispute, the Disputing Party shall be permitted to deliver to the non-disputing Party’s contact person identified in the Primary Contracting Document a written notice of the Dispute, whereupon the Parties shall endeavor in good faith to escalate the Dispute to appropriate executives for each Party for resolution within fifteen (15) Business Days, or such longer period as to which the Parties may mutually agree. To the extent a Dispute is not resolved through the process outlined in the previous section and remains unresolved, the Parties agree to enter into non-binding mediation to resolve the Dispute.

Within sixty (60) calendar days, of the issuance of the Dispute notice, or such longer period that is mutually agreeable to the Parties, the Parties agree to identify a mutually acceptable mediator who shall mediate the Dispute. If, after making reasonable efforts to identify a mutually acceptable mediator and no later than fifty (50) calendar days after the issuance of the Dispute Notice, the Parties are unable to identify such a mediator, the Disputing Party shall provide the non-disputing Party with a list of five (5) proposed mediators. The non-disputing Party shall have five (5) Business Days from receipt of such list from the Disputing Party to identify one proposed mediator on the list to use as a mediator. If the non-disputing Party fails to identify and communicate its choice to the Disputing Party in the time allotted, then the Disputing Party shall be permitted to unilaterally identify the mediator from the list of five (5) mediators previously given who shall mediate the Dispute. The mediator shall be an attorney licensed to practice law in the State of California. Subject to the mediator’s availability, the Parties agree to mediate the Dispute within thirty (30) days after the Parties have identified a mediator who has agreed to mediate the Dispute.

To the extent the mutually identified mediator is unavailable, unwilling, or unable to mediate the Dispute, the Parties shall utilize the same steps listed above to identify a new mutually agreeable mediator. To the extent the Disputing Party had to prepare a list of proposed mediators previously, it shall prepare and transmit a revised list within five (5) Business Days of receiving notice of the proposed mediator’s unavailability. Subject to the mediator’s requirements, the Parties agree they shall be permitted to attend the mediation via telephone or video conferencing.

The Parties agree to pay in equal shares the mediator’s fee and expenses unless otherwise agreed to pursuant to a settlement agreement. Except for Disputes for non-payment, only after the Parties have endeavored to resolve the Dispute through the processes outlined in the immediately preceding two sections may a Party commence litigation to resolve the dispute.

3.10 Personal Data. Where Personal Data is provided by the City to Hexagon, the City shall act as the data controller and shall be responsible for complying with all applicable data protection laws. Hexagon shall act as the data processor in respect of such Personal Data and shall process the Personal Data in accordance with applicable data protection laws. The City acknowledges and agrees that Hexagon is not capable of being a data controller due to Hexagon’s inability to determine the purpose and means of the processing of Personal Data provided by City to Hexagon. To the extent that: (a) Personal Data of Users or Authorized Cloud Users provided by the City to Hexagon pursuant to the Agreement is subject to the European 80 46700.00100\40935195.1
BB&K (2023) -20- PROFESSIONAL SERVICES AGREEMENT
Union General Data Protection Regulation 2016/679, as may be amended from time to time (“GDPR”); and (b) the City and Hexagon do not have a separate, written data processing agreement, then the City and Hexagon agree that the terms of Hexagon’s Data Processing Addendum, as updated from time to time, found at:
https://www.hexagonsafetyinfrastructure.com/-
/media/Legal/Hexagon/SI/Policies/DPA/DPALP/DPA_LP_08-2019.pdf, shall apply. Hexagon will only process City supplied Personal Data in accordance with the City’s lawful instructions and to the extent and as necessarily required to provide the applicable goods and services under the Agreement and for no other purpose. Except as may be otherwise required by law, contract, or judicial order, after expiration or earlier termination of the Agreement, Hexagon will destroy all City-supplied Personal Data in accordance with applicable data protection laws.

SIGNATURES ON NEXT PAGE

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

INTERGRAPH CORPORATION
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO INTERGRAPH CORPORATION
By:

Its: Director of North America Finance
Printed Name: Tiffany Taylor
By:

Its: Vice President of Global Contracts
Printed Name: Richard L. Morris
Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
81 46700.00100\40935195.1
BB&K (2023) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"

SCOPE OF SERVICES (STATEMENT OF WORK)
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BB&K (2023) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"

OMITTED
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BB&K (2023) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"
COMPENSATION (Cost Summary)
*Price includes 12 months of extended warranty which begins at sub-system cutover I/CAD PRICING – FIRE AND POLICE COMBINED TOTAL
I/CAD Software*
Fire Agency I/CAD Software $924,507
Police Agency I/CAD Software $692,999
I/CAD Custom Interfaces (Fire)*
CAD Interface to Telestaff $14,335
CAD Interface to Rave Mobile Safety/Smart 911 $13,764
CAD Interface to First Due (I/Informer Query) $21,888
Consulting Services for CAD Interface for Eventide
NG911/ATOS
$2,867
CAD Interface to Legacy Tiburon RMS $46,919
CAD Interface to OnGuard/ACAMS $37,734
CAD interface for Additional Mobile Responder Queries $16,629 Consulting Services for CAD Interface to ONTCOM $2,867
I/CAD Custom Interfaces (Police)*
Consulting Services for CAD CopLink $1,933
Consulting Services CAD Interface to Vigilant/Flock ALPR $1,933 Consulting Services CAD Interface to FUSUS $1,933
Consulting Services CAD Interface to Verint Logging Recorder $1,933 CAD Query Interface to JIMS $11,940
I/CAD Project Services
Fire Agency I/CAD Project Services $1,244,547
Police Agency Add-on I/CAD Project Services $285,363
Test Plan Workshop (Police and Fire) $16,850
Police 24/7 Cutover Support $60,474
Fire 24/7 Cutover Support $40,316
Grand Total including 12 Months of Extended Warranty: $3,441,731 Recurring Fee:

Total System Recurring Fee Year 2 $362,394
Total System Recurring Fee Year 3 $380,513
Total System Recurring Fee Year 4 $399,539
Total System Recurring Fee Year 5 $419,516
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(BB&K 2017) Exhibit “D”-2

OPTIONS TOTAL
Third Party Hardware, System Software, and Installation Services $794,153 BPR Year 1 $20,077
BPR Year 2 $21,081
BPR Year 3 $22,135
BPR Year 4 $23,242
BPR Year 5 $24,404
HxGN Live Registration Passes 2027 (Qty 2) $990
Pricing Assumptions
 The price is assuming a combined project implementation with Ontario Fire and Police Agencies. If Customer chooses to complete the projects separately, Hexagon reserves the right to reprice system integration services costs.
 The price for the I/CAD project assumes the implementation, configuration, training, testing and cutover will happen as a part of one combined project.
 Project Services included in this response are inclusive of the Services and travel as expressly described in this SOW.
 Software licenses for Backup and Test Environments are included at no additional cost.  Extended warranty is included in the base system software and interface purchase price. Extended warranty is for a period of 12 months commencing at System Cutover.  Hexagon has included 4 optional years of annual recurring system maintenance at 5% increase yearover-year, Annual Recurring Costs provided in the proposed pricing are based on the types and quantities of proposed software and system configuration as described specified above. Any changes to the quantities and/or types of Software comprising the Customer’s System proposed software and system configuration as a result of change orders executed during the project implementation or additions/removals of products after Cutover will result in a corresponding change to the Total Annual Recurring Costs (e.g., price for Maintenance Services). Such adjustment will be based on thencurrent pricing at the time of the Order or Change Order. Please refer to the included Bill of Materials for a specific list of software and license counts included in the proposed price.  Unless otherwise noted, project management services, implementation services, and Maintenance Services (Extended Warranty) ARE NOT included in optional pricing. Options for Hexagon Services are valid for 6 months (with the exception of CAD BPR) and Hexagon Product pricing is valid for one year after contract signing. Hexagon can provide a fixed quote when optional items are selected. The Recurring Fees and CAD BPR and HxGN Live Options would be subject to a separate agreement between the parties.
 Base price includes Bi-Annual HxGN Live attendance fee for two (2) attendees for 2025. HxGN Live 2027 attendance fees are included as an option. HxGN Live attendance fees do not include travel and lodging costs.
 Per the RFP requirement, Hexagon has included options for up to five (5) annual Business Process Review (BPR) workshops. The initial BPR would be available for use following completion of the Reliability Period. An SOW, with the pricing corresponding to the year in which the request is made, will be provided when the Customer desires to exercise this option. As part of the workshop, Hexagon will visit the Customer site for up to four consecutive days and focus its attention on configuration and 205
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(BB&K 2017) Exhibit “D”-3
workflow reviews, configuration updates for new functionality, best practices for system administration and system maintenance. Topics of the reassessment will be identified through communications and direct meetings with customer representatives from all aspects of the system, including end users and system administrators. Hexagon will also observe operations as needed. From these observations, recommendations will be made for modifications or additions to configurations, workflow adjustments that could be made to operations, or training that might benefit the users or system administrators.

Each annual BPR will require 90 days' notice to proceed and will be billed once the workshop has been executed. Any unused BPR will not carryover to the following year.  Please note the first BPR workshop must be exercised within 12 months following cutover to production.
 Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law.
 If available, any included third-party hardware and associated software procured by Hexagon is provided with a pre-paid 5-year pass-thru-warranty from the original manufacturer. The warranty for third party hardware and associated software commences on the date the hardware is shipped to the customer. Hexagon commits to not shipping hardware until absolutely needed to not degrade the warranty timeframe for the City. Third party hardware warranties begin earlier than the commencement of Hexagon’s first year of maintenance or Extended Warranty, which begins at Subsystem cutover.
 This offer is valid through 11/30/23.
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(BB&K 2017) Exhibit “D”-4
Bill of Materials

DESCRIPTION QUANTITY
Fire Agency I/CAD Software
I/Executive for High Availability 1
I/Executive for High Availability - Backup License 1
I/Executive for High Availability - Test License 1
I/Backup NL 1
I/BackupNL - Backup License 1
I/Dispatcher CC 5
I/Dispatcher CC - Test License 5
I/Dispatcher CC - Backup License 5
ProQA Paramount I/CAD Interface CC 5
ProQA Paramount I/CAD Interface CC - Test License 5
ProQA Paramount I/CAD Interface CC - Backup License 5
Xalt - Integration Runtime Engine NL 1
Xalt - Integration Runtime Engine NL - Backup License 1 Xalt - Integration Runtime Engine NL - Test License 1
Xalt - Integration Developer Engine NL 1
HxGN OnCall Analytics - Dispatch Advantage NL 4 Core 1
I/Map Editor for ArcGIS NL 1
Map Administration Utility CC 1
I/NetViewer CC 3
I/NetViewer CC - Backup License 3
I/NetViewer CC - Test License 3
I/Sight Server CC 1
I/Sight Server CC - Backup License 1
207
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(BB&K 2017) Exhibit “D”-5

DESCRIPTION QUANTITY
I/Sight Server CC - Test License 1
Intergraph Video Responder CC 5
Intergraph Video Responder CC - Backup 5
Intergraph Video Responder CC - Test 5
Intergraph Remote Content Management CC 2
Intergraph Remote Content Management CC - Backup License 2 I/Mobile Data Terminal NL 1
I/Mobile Data Terminal NL - Redundant License 1
I/Mobile Data Terminal NL - Additional License 1
I/Mobile Data Terminal NL - Additional Redundant License 1 I/Tracker - I/CAD NL 1
I/Tracker - I/CAD NL - Redundant License 1
I/Tracker - I/CAD NL - Additional License 1
I/Tracker - I/CAD NL - Additional Redundant License 1
Intergraph Mobile Responder Server CC - I/CAD 2
Intergraph Mobile Responder Server CC - I/CAD - Backup 2 I/Informer CC 1
I/Informer CC - Backup License 1
I/Page NL 1
I/Page NL - Backup License 1
I/CADLink CC 1
I/CADLink CC - Backup License 1
I/FRMS-CADlink CC 1
I/FRMS-CADlink CC - Backup License 1
I/Push To Talk NL 1
208
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(BB&K 2017) Exhibit “D”-6

DESCRIPTION QUANTITY
I/Push To Talk NL - Backup License 1
InterCAD CAD Xalt Interface 2
InterCAD CAD Xalt Interface - Backup 2
I/Telephone Device for Deaf - Plant NL 1
I/Telephone Device for Deaf - Plant NL - Backup License 1 RapidSOS for I/CAD - Essentials 1
RapidSOS for I/CAD - Essentials - Backup 1
Phoenix G2 OnCall Xalt Interface 1
Phoenix G2 OnCall Xalt Interface - Backup 1
CADFusion CAD Xalt Interface 1
CADFusion CAD Xalt Interface - Backup 1
Police Agency I/CAD Software
I/Dispatcher CC 7
I/Dispatcher CC - Test License 7
I/Dispatcher CC - Backup License 7
ProQA Paramount I/CAD Interface CC 7
ProQA Paramount I/CAD Interface CC - Test License 7
ProQA Paramount I/CAD Interface CC - Backup License 7
I/NetViewer CC 2
I/NetViewer CC - Test License 2
I/NetViewer CC - Backup License 2
Intergraph Video Responder CC 7
Intergraph Video Responder CC - Test 7
Intergraph Video Responder CC - Backup 7
I/Mobile Data Terminal NL 1
209
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(BB&K 2017) Exhibit “D”-7

DESCRIPTION QUANTITY
I/Mobile Data Terminal NL - Additional License 1
I/Mobile Data Terminal NL - Redundant License 1
I/Mobile Data Terminal NL - Additional Redundant License 1 Intergraph Remote Content Management CC 2
Intergraph Remote Content Management CC - Redundant License 2 I/Tracker - I/CAD NL 1
I/Tracker - I/CAD NL - Redundant License 1
I/Tracker - I/CAD NL - Additional License 1
I/Tracker - I/CAD NL - Additional Redundant License 1
Mobile for Public Safety CC 75
Mobile for Public Safety CC - Backup License 75
Intergraph Mobile Responder Client CC - I/CAD 50
Intergraph Mobile Responder Client CC - I/CAD - Backup 50 Intergraph Mobile Responder Client CC - I/CAD - Test 50 Intergraph Mobile Responder Server CC - I/CAD 2
Intergraph Mobile Responder Server - I/CAD CC - Test 2
Intergraph Mobile Responder Server CC - I/CAD - Backup 2 Axon CAD Xalt Interface 1
Axon CAD Xalt Interface - Backup 1
I/CAD Message Ste for CA State Switch CC 1
PulsePoint CAD Xalt Interface 1
PulsePoint CAD Xalt Interface - Backup 1
CAD Interface to CLETS 1
Custom Interfaces
Fire Agency I/CAD Custom Interfaces
CAD Interface to Telestaff 1
210
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(BB&K 2017) Exhibit “D”-8

DESCRIPTION QUANTITY
CAD Interface to Rave Mobile Safety/Smart 911 1
CAD Interface to First Due (I/Informer Query) 1
Consulting Services for CAD Interface for Eventide NG911/ATOS 1 CAD Interface to Legacy Tiburon RMS 1
CAD Interface to OnGuard/ACAMS 1
CAD interface for Additional Mobile Responder Queries 1 Consulting Services for CAD Interface to ONTCOM 1
Police Agency I/CAD Custom Interfaces
Consulting Services for CAD CopLink 1
Consulting Services CAD Interface to Vigilant/Flock ALPR 1 Consulting Services CAD Interface to FUSUS 1
Consulting Services CAD Interface to Verint Logging Recorder 1 CAD Query Interface to JIMS 1
Options
C2G 2m LC-LC 50-125 Duplex Multimode OM4 Fiber Cable (2m/6ft) 8 Microsoft Windows DataCenter - 2 core pack 3yr 96
VMware vSphere Enterprise Plus Acceleration Kit - v7 - 6 processors (includes 5 years prepaid VMware Support and Subscription Technical 24x7 support 2 HPE DHCI Configuration (3-DL380 Host Servers, 768GB Memory per Host, Alletra 6030 SAN 51TB effective with 2-10GB connections, 2-SN2010M 25GB Switches, 5 Year Support with DRM) 2
211
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(BB&K 2017) Exhibit “D”-9
EXHIBIT "D"
Payment Terms
Upon completion of the Task (as defined in the SOW) set forth in the SOW and identified below, Hexagon is permitted to invoice the corresponding amount, which the City shall pay in accordance with the Agreement.

Milestone Deliverable MS ($)
Upon Completion of Task 1: Project Kickoff Meeting $344,173 Upon Completion of Task 9: CAD Server Software Staging $516,260 Upon Completion of Task 11: CAD System Build 1 $344,173 Upon Completion of Task 18: Map Build 2 $344,173
Upon Completion of Task 15 CAD System Configuration 1 $344,173 Upon Completion of Task 28: Customer Functional Testing - CAD $344,173 Upon Completion of Task 32: System Readiness Review $344,173 Upon Completion of Task 33: Cutover to Production Use $516,260 Upon Completion of Task 35: I/CAD System 30 Calendar Day Reliability Period $344,173
Total $3,441,731
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(BB&K 2017) Exhibit “D”-10
EXHIBIT "E"
End User License Agreement

END-USER LICENSE AGREEMENT
IMPORTANT — READ CAREFULLY: This EULA is a legal agreement by and between User and Hexagon. All copies of Software are licensed to User by Hexagon pursuant to the terms of this EULA. Software is also subject to Use Terms. By installing, copying, downloading, accessing, or otherwise using Software, User agrees to be bound by the terms of this EULA, which shall govern User’s use of the Software. Any software, including without limitation, any third party components and/or Updates, associated with a separate end-user license agreement are licensed to User under the terms of that license agreement. Use Terms applicable to an Update shall apply to the Update.

All use of the Software is subject to applicable the agreement.

1.0 DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Common Terms Glossary set forth at Exhibit E-1.

2.0 LICENSE GRANT. Provided User is not in breach of any term or condition of this EULA, Hexagon hereby grants User a limited, non-exclusive license up to the quantity of Software licenses purchased by User to: (i) install and use the Software in object code form only; (ii) use, read, and modify Documentation prepared by Hexagon and delivered to User pursuant to the Order Documents; and/or (iii) view and/or use Hexagon audio-visual training materials provided to User pursuant to the Order Documents; provided all of the foregoing shall be strictly for User’s internal use and strictly in accordance with this EULA and the applicable Order Documents. The license is non-transferable, except as specifically set forth in this EULA. User assumes full responsibility for the selection of the Software to achieve User’s intended results, and for the installation, use, and results obtained from the Software.

3.0 UPDATES. If the Software is an Update to a previous version of the Software, User must possess a valid license to such previous version to use the Update. Neither the Software nor any previous version may be used by or transferred to a third party. All Updates are provided to User on a license exchange basis and are subject to all of the terms and conditions of a mutually agreed upon EULA. By using an Update, User (i) agrees to voluntarily terminate User’s right to use any previous version of the Software, except to the extent that the previous version is required to transition to the Update; and (ii) acknowledges and agrees that any obligation that Hexagon may have to support the previous version(s) of the Software will end upon availability of the Update. If an Update is provided, User will take prompt action to install such Update as directed by Hexagon. If Updates are not implemented by the City, it acknowledges it may not receive the full benefit of newer versions of software, including bug fixes and inclusion of updated compatibility with third party platform software. For Third Party Software, please read carefully the applicable Third Party Terms regarding concurrent use of an Update and the prior version of Software during transition to the Update as the Third Party Terms may differ from terms applicable to Hexagon Software Products.

4.0 RIGHTS AND LIMITATIONS

4.1 The Following are Permitted for User’s License:

User may make one copy of Software media in machine readable or printed form and solely for backup purposes. Hexagon retains ownership of all User created copies. User may not transfer the rights to a backup copy unless User transfers all rights in the Software and license as provided for in Section 4.2.1 below. Any other copying of the Software, any use 213
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of copies exceeding the number of copies User has been authorized to use and has paid for, and any distribution of the Software not expressly permitted by this EULA, is a violation of this EULA and of federal and/or applicable governing law.

4.2 The Following are Prohibited for User’s License:

4.2.1 Subject to applicable law and any specific contractual provisions to the contrary, User shall not sell, rent, license, lease, lend or otherwise transfer the Software, or any copy, modification, or merged portion thereof without Hexagon’s express written consent for such transfer, which consent may not be unreasonably withheld. Any such unauthorized transfer will result in automatic and immediate termination of the license.

4.2.2 The Software is licensed as a single product. User shall not, and User shall not authorize anyone else to: (i) decompile, disassemble, or otherwise reverse engineer the Software; (ii) work around any technical limitations in the Software; (iii) publish the Software for others to copy or use; (iv) use, copy, modify, distribute, disclose, license or transfer the Software, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this EULA; (v) re-use the component parts of the Software with a different software product from the one User is licensed to use or on different computers; (vi) circumvent any license mechanism or in the Software or the licensing policy; (vii) publish to a third party any results of benchmark tests run on the Software; (viii) use or view the Software for any purposes competitive with those of Hexagon; (ix) use the Software except as expressly set forth in this EULA; and (x) unless otherwise specifically permitted in writing by Hexagon, use the Software outside the country in which it is licensed.

4.3 Fault Tolerance
The Software is not one hundred percent (100%) fault tolerant. Unless the Software’s Documentation expressly provides the contrary, the Software is not designed or intended for use in any situation where failure or fault of any kind of the Software could lead to death or serious bodily injury of any person, or to severe physical, property or environmental damage (“High-Risk Use”); and, User is not licensed to use the Software in, or in conjunction with, any High-Risk Use.

High-Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following:
operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices. User hereby agrees not to use the Software in, or in connection with, any High-Risk Use. High Risk Use shall not mean use of the Software for purposes for which it is regularly marketed and sold (e.g., CAD use for a 911 center, mobile computers integrated with a CAD solution, public safety and utility dispatch software may be used to dispatch police, fire, emergency medical services, and emergency utility services).

4.4 Licensing Mechanism Disclaimer.

Without waiver of any of its rights herein, Hexagon may at its sole discretion provide User who is operating public safety Software a licensing mechanism to allow such Software to be available for use even when User has accessed all of its purchased licenses. Regardless of whether it receives the licensing mechanism, User acknowledges it is permitted to use the Software only up to the number of licenses it has purchased. Any usage of Software beyond the amount purchased by User will be subject to the payment of additional fees by User to Hexagon at then current prices for the Software in like manner as provided in Section 7.2 below (Audit).

5.0 USER OBLIGATIONS
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5.1 The Software may require User’s System to comply with specific minimum software, hardware, and/or Internet connection requirements.

5.2 User is responsible, and bears the sole risk, for backing up all systems, software, applications, and data, as well as properly using the Software.

5.3 At all times, User must keep, reproduce and include all copyright, patent, trademark and attribution notices on any copy, modification or portion of the Software, including, without limitation, when installed, used, checked out, checked in, and/or merged into another program.

5.4 User shall comply with the Use Terms, including (i) limitations that apply to specific types of licenses, and (ii) applicable Third Party Terms identified therein.

6.0 TERM.

6.1 For a Perpetual License, this EULA is effective until terminated (i) by User, by returning to Hexagon the original Software or by permanently destroying the Software, together with all copies, modifications and merged portions in any form; (ii) by Hexagon, upon User’s breach of any of the terms hereof or User’s failure to pay the appropriate license fee(s); or (iii) upon User’s installation of an Update that is accompanied by a new license agreement covering the Software Update; . User agrees upon the termination of this EULA to cease using and to permanently destroy the Software (and any copies, modifications, and merged portions of the Software in any form, and all of the component parts of the Software), and to certify such destruction in writing to Hexagon.

7.0 AUDIT.

7.1 Hexagon shall have the right to:

7.1.1 Audit User’s use of the Software and User’s compliance with the provisions of this EULA during User’s normal Business Hours. Hexagon will provide User with thirty (30) days prior written notice of an audit under this Section. Hexagon’s right to conduct this type audit shall be limited to twice per calendar year. Prior to the start of an audit, Hexagon’s personnel will sign a reasonable non-disclosure agreement provided by User.. Hexagon shall not be provided with or request access to event data, including personally identifiable information; however, User names will be available to Hexagon if needed.

7.1.2 Obtain certain documentation from User, as follows. If the Software includes logging mechanisms intended to track usage volume or quantity, User shall transmit log files associated therewith to Hexagon upon Hexagon’s demand and in accordance with Hexagon’s reasonable transmission instructions. Hexagon will not demand the transmission of usage tracking log files more frequently than four (4) times in any calendar year.

7.2 In the event the results of the audit in Section 7.1.1 or the documentation provided by User in Section 7.1.2 indicate User has used unlicensed Software or quantities thereof, User agrees to promptly pay Hexagon: (i) the current list price for each unlicensed Software used by User; (ii) interest of five percent (5%) per year or the highest rate allowed by applicable law for each month, commencing with the initial month of unlicensed usage of the Software; and (iii) the costs for the audit in Section 7.1.1.

8.0 INTELLECTUAL PROPERTY.

8.1 Ownership.

8.1.1 Software. ALL SOFTWARE AND OTHER INTELLECTUAL PROPERTY ARE

PROPRIETARY PRODUCTS OF HEXAGON AND ADDITIONAL THIRD
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PARTIES AND ARE PROTECTED BY COPYRIGHT LAWS AND
INTERNATIONAL TREATIES. TITLE TO SOFTWARE AND ALL COPIES,

MODIFICATIONS AND MERGED PORTIONS OF SOFTWARE SHALL AT ALL TIMES REMAIN WITH HEXAGON AND SUCH THIRD PARTIES. Software is licensed pursuant to this EULA, not sold. Hexagon and additional third parties retain all right, title and interest in and to all Software, including, but not limited to, all IPR in and to each Software. All rights not expressly granted to User by this EULA or other applicable Third Party Terms are reserved by Hexagon and such third parties. No source code is deliverable hereunder unless otherwise agreed to in writing by Hexagon.

8.1.2 Intellectual Property. User acknowledges and agrees that Hexagon and thirdparty manufacturers, as applicable, own all rights in and to Hexagon’s and the applicable third-party manufacturers’ trade names, and no right or license is granted to User pursuant to this EULA to use such trade names.

8.1.3 Third Party Software. Third party components may be associated with the operation of the Software, or they may be delivered separately on the Software’s media, but not otherwise associated with the operation of the Software. To comply with this EULA, User must also comply with applicable Third Party Terms associated with the operation of the Software identified by Hexagon in notices thereof.

8.2 Intellectual Property Infringement.

8.2.1 Remedy by Hexagon. In the event the Software, in Hexagon’s sole opinion, is likely to or does become the subject of a claim of infringement of any duly issued U.S. Intellectual Property, Hexagon may, at its sole option and expense, (i) procure for User the right to continue using the Software; (ii) modify the Software to make it non-infringing, but functionally the same; (iii) replace the Software with Software which is non-infringing, but functionally the same; or, (iv) provide a prorated refund to User of the actual amount User paid Hexagon for the Software.

8.2.2 Indemnification by User. In the event any proceeding (suit, claim, or action) is based (in whole or in part) on modifications, enhancements or additions made by User or any person or entity acting on User’s behalf, or User’s use of the Software in combination with other products not furnished by Hexagon, then subject to applicable law, User agrees to hold harmless and defend, at User’s sole cost and expense, all of Hexagon’s right, title and interest in and to the Software, as well as Hexagon’s goodwill and reputation, both in good faith and at a standard as if the claim is made against User. User shall reimburse Hexagon any defense expenses inclusive of reasonable attorneys’ fees expended by Hexagon in defense of said claim, and pay any judgment rendered against Hexagon. User shall make such defense by counsel of User’s choosing, and Hexagon shall reasonably cooperate with said counsel at User’s sole cost and expense. User shall have sole control of said defense, but User shall allow Hexagon to reasonably participate in its own defense and User shall reasonably cooperate with Hexagon with respect to the settlement of any claim. Notwithstanding the foregoing, Hexagon may at any time decide to take over any defense of Hexagon at Hexagon’s cost and expense, and User shall render full cooperation and assistance to transfer such defense to Hexagon and with respect to such defense.

9.0 LIMITED WARRANTIES.

9.1 See Exhibit A (SOW).

9.2 Hexagon warrants that it has the right to grant User this license. 216
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9.3 Warranty Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS

SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,

RELATING TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE, AND NON-INFRINGEMENT. ALL WARRANTIES

PROVIDED PURSUANT TO THIS EULA ARE VOID IF FAILURE OF A WARRANTED

ITEM RESULTS DIRECTLY OR INDIRECTLY FROM AN UNAUTHORIZED USE OR

MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A

WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR

UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. HEXAGON DOES NOT WARRANT THAT ANY SOFTWARE WILL MEET USER’S REQUIREMENTS, AND UNDER NO

CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE IS PROVIDED “AS IS” AND USER BEARS THE SOLE RISK OF USING THE SOFTWARE. IF ANY PART OF

THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID,

THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR

LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS

AGREEMENT, THEN HEXAGON WARRANTS THE SOFTWARE AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW.

9.4 In the event the Software does not substantially comply with the limited warranties set forth in this EULA, Hexagon’s entire liability and User’s exclusive remedy shall be, in Hexagon’s sole and absolute discretion, either (i) the modification, repair or replacement of the Software; or (ii) termination of this EULA and a prorated refund to User of the actual amount User paid Hexagon for the Software for the period of time that the Software did not substantially conform to the limited warranties set forth in this EULA. All replacements and/or Updates made during the original warranty period will be warranted only for the remainder of the original warranty period. So long as Hexagon performs any one of the remedies set forth above, this limited remedy shall not be deemed to have failed of its essential purpose.

9.5 Hexagon is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this EULA, but in no other respects and for no other purpose.

10.0 EXPORT RESTRICTIONS. The Software, including any technical data related to the Software, is subject to the export control laws and regulations of the United States, Diversion contrary to United States law is prohibited. This Software, including any technical data related to this Software and any derivatives of this Software, shall not be exported or re-exported, directly or indirectly (including via remote access), under the following circumstances:

10.1 To Cuba, Iran, North Korea, Syria, any area of Ukraine identified by the United States, European Union, or other applicable governments as subject to restriction. or any national of these countries or territories;

10.2 To any person or entity listed on any United States government denial list, including, but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists, the United States Department of Treasury Specially Designated Nationals List, and the United States Department of State Debarred List (https://www.trade.gov/consolidated-screening-list);
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10.3 To any entity if User knows, or has reason to know, the end use is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses; and/or

10.4 To any entity if User knows, or has reason to know, that an illegal reshipment will take place.

User agrees to comply with all applicable export control laws and regulations.

User shall not request information or documentation where the purpose of such request is to support, give effect to or comply with a boycott of any country that is not sanctioned by the United States, including but not limited to the Arab League boycott of Israel.

If the Software User received is identified on the media as being ITAR-controlled, the Software has been determined to be a defense article subject to the U.S. International Traffic in Arms Regulations (ITAR). Export of this Software from the United States must be covered by a license issued by the Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State or by an ITAR license exemption. The Software may not be resold, diverted, or transferred to any country or any end user, or used in any country or by any end user other than as authorized by the existing license or ITAR exemption. Subject to the terms of this EULA, such Software may be used in other countries or by other end users if prior written approval of DDTC is obtained.

If User is located outside the United States, User is responsible for complying with any local laws in User’s jurisdiction which might impact User’s right to import, export, or use the Software, and User represents that User has complied with any and all regulations and/or registration procedures required by applicable law related to the use and importation of the Software.

11.0 HEXAGON CONFIDENTIAL INFORMATION. User understands that Hexagon possesses information and data, tangible or intangible, including, without limitation, Hexagon IP, that was developed, created, and/or discovered by Hexagon, and/or which has become known to or has been conveyed to Hexagon, which has commercial value in Hexagon’s day-to-day business and is not generally known in the industry or to competitors of Hexagon, regardless of whether such information and data is marked as proprietary or confidential (“Hexagon Confidential Information”).

Hexagon considers such Hexagon Confidential Information to be proprietary and confidential.

Except to the extent required by law, including, but not limited to, the California Public Records Act (Gov. Code, §§ 7920.000 et seq.), User agrees to treat and maintain as proprietary and confidential Hexagon Confidential Information and any information or data provided by Hexagon, in whatever form, as User would treat User’s own proprietary and confidential information and data, but in any event, no less than with reasonable care, and to comply with all license requirements, copyright, patent, trademark, and trade secret laws as they may pertain to any Hexagon Confidential Information or other information or data provided by Hexagon.

12.0 GENERAL.

12.1 Entire Agreement. User acknowledges that User has read this EULA, understands it, and agrees to be bound by its terms and conditions. User further agrees that this EULA, together with Order Documents, is the complete and exclusive statement of the agreement between User and Hexagon relating to the subject matter of this EULA and that this EULA supersedes any proposal or prior agreement, oral or written, and any other communications between User and Hexagon relating to the subject matter of this EULA.

This EULA may be amended only by a written instrument signed by both User and Hexagon; provided however, certain Hexagon Software and Updates may be subject to additional or different terms and conditions, as applicable, contained in a separate EULA that is delivered with the applicable Software or Update. Any reproduction of this EULA 218
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made by reliable means (for example, printed, photocopy, or facsimile) will be deemed an original. Notwithstanding the foregoing, the User and Hexagon agree and understand that the EULA is subordinate to the Professional Services Agreement between the User and Hexagon. In the event of any conflict between the terms of the Professional Services Agreement and the EULA, the terms of the Professional Services Agreement shall control.

12.2 Severability. Whenever possible, each provision of this EULA shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this EULA shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this EULA.

12.3 Headings. Numbered topical headings, articles, paragraphs, subparagraphs, or titles in this EULA are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof.

12.4 No Waiver. The waiver by Hexagon of any of its rights or remedies in enforcing any action or breach under the EULA in a particular instance shall not be considered as a waiver of the same or different rights, remedies, or actions for breach in subsequent instances.

12.5 Notices. All notices given between User and Hexagon shall be in writing and shall be considered properly sent by postage prepaid United States Mail or overnight carrier to the User and/or Hexagon representative, as applicable, or such substitutes to receive such notices as may hereafter be disclosed by proper notification. User’s address for notices shall be that last notified to Hexagon pursuant to this paragraph, or in the absence of such notice, the last known address in Hexagon’s records. Hexagon’s address for notices is Hexagon Safety, Infrastructure & Government, 305 Intergraph Way, Madison, Alabama 35758, Attn: Legal Department, 256-730-2333.

12.6 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this EULA without the prior written consent of the other party.Any attempt by User to sublicense, assign. or transfer the license or the Software, except as expressly provided in this EULA, is void and immediately terminates the license.

12.7 Other Hexagon Software Products. If User has or uses other Hexagon software products and/or software products provided by other divisions or Affiliates of Hexagon, please read this EULA and all other terms and conditions carefully as there may be differences in the terms and conditions.

12.8 Limited Relationship. The relationship between User and Hexagon is that of independent contractors, and neither User nor User’s agents shall have any authority to bind Hexagon.

12.9 Governing Law; Venue and Jurisdiction. This EULA shall for all purposes be construed and enforced under and in accordance with the Laws of the State of California and shall have been deemed to have been accepted in San Bernardino County, California, United States. User and Hexagon agree that any legal action or proceeding arising, directly or indirectly, out of or relating to this EULA shall be instituted in the state or federal courts located in San Bernardino County, California. User and Hexagon agree to submit to the jurisdiction of and agree that venue is proper in these courts for any such legal action or proceedings. This EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12.10 Reserved.

12.11 Injunctive Relief; Cumulative Remedies. User acknowledges and agrees that a breach of this EULA by User could cause irreparable harm to Hexagon for which monetary damages may be difficult to ascertain or may be an inadequate remedy. User agrees that Hexagon will have the right, in addition to its other rights and remedies, to seek and obtain 219
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injunctive relief for any breach of this EULA by User, and User expressly waives any objection that Hexagon has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this EULA are cumulative and concurrent and may be pursued separately, successively, or together.

12.12 Governing Language. The controlling language of this EULA is English. If User received a translation of this EULA into another language, it has been provided for User’s convenience only. Most foreign language translations predate recent modifications to the official English language version. Be sure to refer to the official version.

Les parties en présence confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattachent, soient redigés en langue anglaise (Translation: “The parties confirm that this agreement and all related documentation is and will be in the English language.”)

12.13 Survival. The provisions of this EULA which require or contemplate performance after the expiration or termination of this EULA shall be enforceable notwithstanding said expiration or termination.

12.14 Use Outside the United States. If User is located outside the United States, then the provisions of this section shall also apply: User is responsible for complying with any local laws in User’s jurisdiction which might impact User’s right to import, export and/or use the Software, and User represents that User has complied with any and all regulations and/or registration procedures required by applicable law to make this EULA fully enforceable.

SIG062023
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EXHIBIT E-1

COMMON TERMS GLOSSARY
“Acceptable Use Policy (AUP)” means the Acceptable Use Policy identified as such within Exhibit D (Cloud Program Conditions).
“Activity” or “Activities” means a single work activity/event or collection of work activities/events by a Party or by both Parties under a specified Task.
“Affiliate” means, for business entities, the parent business entity of a Party and any business entities in which a Party or its parent company directly or indirectly hold a controlling ownership interest. “Affiliates” means, for government entities which are Customers, an entity which has entered into an intergovernmental agreement with Customer which: (i) relates to or addresses the subject matter of the Primary Contracting Document; and (ii) was disclosed to, and acknowledged by, Hexagon (A) prior to the Effective Date for any existing intergovernmental agreements, and (B) prior to any renewal date of such Primary Contracting Document for any intergovernmental agreements entered into after the Effective Date. “Control” for the purposes of this definition means that Customer owns in excess of fifty percent (50%) of the ownership interest of the Affiliate or owns a majority of the voting shares of the Affiliate. For purposes of Section 9 in the General Terms and Conditions, an Affiliate is not a third party. “Authorized Cloud User” means an individual user authorized by the Customer to use an entire Cloud Program on behalf of the Customer and for whom an account is set up by which the Authorized Cloud User can utilize Cloud Services Support and log Cloud Service Requests and Product Change Requests. “Auxiliary System License” means the license(s) of Software Product made available by Hexagon for select Software Products to augment Production System Licenses. Each Auxiliary System License requires a corresponding Production System License and the term of the Auxiliary System License shall not exceed the term of the applicable Production System License.
“Beta Software” means any version of Software Product prior to a generally available commercial release of such Software Product.
“Business Day” means any day other than a weekend or public holiday in the country listed on the Quote. “Business Hour” means an hour occurring during a Business Day and during the generally recognized eight (8) working hours comprising the Business Day at the Customer’s location. “Catastrophic Event” means a rare circumstance in which mass casualties and/or significant property damage has occurred or is imminent (e.g., September 11th, hurricanes greater than Category 2 on the Saffir-Simpson scale, earthquakes greater than 6.1 on the Richter scale). “Change Order” means a document executed or accepted in writing by both Parties that modifies the scope, price, milestones, and/or project schedule of an Order. “Client” means a computing device connected to a Server. “Cloud Anniversary” means the anniversary of the date on which Hexagon provided the License Key(s) to Customer.
“Cloud Application(s)” means the Hexagon software applications, including without limitation application programming interfaces made available by Hexagon through the Cloud Portal as part of the Cloud Program.

Cloud Application(s) are subject to Cloud Services Schedules. “Cloud Consulting Services” means Services that relate to the Cloud Program including, but not limited to, implementation, configuration, customization, data conversion, Onboarding, design, training, and or enhancement of the Cloud Program.
“Cloud Cutover” means the point in time when Customer first uses the Cloud Program for its generally marketed purpose.
“Cloud Development Environment” means a logical group of virtual or physical computers comprised within the Cloud Environment to which the Customer will be provided with access and use for the limited purpose of making modifications, as specifically permitted herein, to the Cloud Application. For purposes of clarity, the Cloud Development Environment cannot be used in Production or for training purposes. “Cloud Environment” means the collection of remote environments provided to Customer on which the 221
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Cloud Application(s) operates and that is supported by Hexagon. “Cloud Optional Services” means those certain Hexagon Software Products that provide ancillary functionality or capability to the Cloud Applications, including, but not limited to, interfaces and custom forms and functionality. Unless specific Cloud Optional Services are identified in the Quote with a corresponding purchase commitment from Customer, Cloud Program does not include Cloud Optional Services. “Cloud Portal” means the website through which Customer accesses and uses the Cloud Program. The Cloud Portal provides access to the Cloud Program according to Customer’s rights, and further provides access to additional Cloud Services, as made available by Hexagon. “Cloud Program” means the combination of Cloud Services, Cloud Application(s), Local Software, Third Party Software , and Cloud Optional Services provided pursuant to the Order Documents. The components of the Cloud Program are specifically identified in the Quote and for purposes of this definition shall mean only those components and not any other components not specifically listed in the Quote. “Cloud Program Fees” means, collectively, any of the fees payable by Customer to Hexagon for the Cloud Program (or any part thereof). Cloud Program Fees shall be in the amount described in the Quote and/or Cloud Services Schedule, and shall be invoiced on an annual basis, except to the extent otherwise expressly provided in the Primary Contracting Document or the Cloud Services Schedule. “Cloud Program Start Date” means the date on which the first License Key(s) are provided to the Customer. For Cloud Program Fees purposes, Cloud Program use by Customer will be assumed to be for the entire Month in which the Cloud Program Start Date falls regardless of the actual date in such Month that access to the applicable Cloud Application began.
“Cloud Service Request” means a request made to the first level support service to diagnose and address an Error in a Cloud Application or to report the purchased Cloud Application(s) is not Available. “Cloud Services” means the services, service levels, Cloud Services Support, Customer Cloud Environment, and Third Party Service Provider’s hosting services (which are more particularly described in the Cloud Services Schedule(s)), for Cloud Application(s), Cloud Optional Services, and Third Party Software and ordered by the Customer.
“Cloud Services Schedule” means a document(s) titled “Cloud Services Schedule related to one or more Cloud Application(s) that contains additional details regarding the Cloud Services being provided to Customer with respect to the applicable Cloud Program components purchased by Customer. “Cloud Services Support” means the service specified as such in the Cloud Conditions through which Customer can report Cloud Service Requests and Product Change Requests. “Cloud Staging Environment” or “Cloud Testing Environment” means a logical group of virtual or physical computers comprised within the Cloud Environment to which the Customer will be provided with access and use for the limited purposes of testing modifications and training, as specifically permitted herein, to the purchased Cloud Application(s). For purposes of clarity, the Cloud Staging Environment cannot be used in Production.
“Cloud Term” means the duration of a Cloud Program Order. “Confidential Information” means any data or information, tangible or intangible, disclosed or made available by either Party (the "Disclosing Party") to the other Party (the "Receiving Party") that the Disclosing Party considers confidential or proprietary and is not generally known in the industry or to competitors of the Disclosing Party and which shall include: (i) tangible information marked by the Disclosing Party with the word "Confidential" or otherwise identified by an appropriate stamp or legend indicating its confidential nature; (ii) information disclosed orally or visually and identified by the Disclosing Party as confidential when disclosed, and confirmed by the Disclosing Party in a written notice within thirty (30) days following disclosure, which notice shall include markings similar to those outlined above; and (iii) all other information that, notwithstanding the absence of markings or designations, would be understood by the Parties, exercising reasonable business judgment, to be confidential. The term Confidential Information does not include information that: (i) is or becomes available in the public domain through no act of the Receiving Party; (ii) has been received on a non-confidential basis from a third party without breach of the Primary Contracting Document, where the Receiving Party has no reason to believe that such third party is bound by any confidentiality obligation to the Disclosing Party; (iii) was developed independently by the Receiving Party without reliance on the disclosed Confidential Information, provided that such independent 222
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development can be substantiated; (iv) was within the Receiving Party’s possession prior to its being furnished by the Disclosing Party, where the Receiving Party has no reason to believe that such third party was bound by any confidentiality obligation to the Disclosing Party, or (v) is confirmed in writing by the Disclosing Party as not being confidential.
“Core” means a physical processor on a computer Server that can respond to and execute the basic instructions that drive the computer. A Central Processing Unit (“CPU”) may have one or more Cores, and a given Server may have multiple CPU sockets that may each contain multiple Cores. “COTS” means commercial off the shelf Intellectual Property in the form generally released and distributed to Hexagon’s customers and not including any functionality or features requiring source code changes. “COTS Documentation” means commercial off the shelf Documentation in the form generally released and distributed to Hexagon’s customers and not including or requiring changes thereto. “Coverage Period” means the period of performance of Maintenance Services with respect to a Covered Product, as stated in the Order Documents. Coverage Periods may differ for discrete Covered Products. “Coverage Period Anniversary” means the anniversary of the date on which the Coverage Period commenced.
“Covered Products” means collectively, Covered Software Product(s) and Covered Third Party Products. “Covered Software Product(s)” means Software Product(s) and Developer Tools identified in the Order Documents as software for which Maintenance Services are to be provided by Hexagon. Covered Software Products shall not include Third Party Software or any Cloud Program. “Covered Third Party Products” means Software Product(s) identified in the Order Documents as Third Party Software for which Maintenance Services are to be provided by Hexagon. Covered Third Party Products shall not include Software Products or any Cloud Program. “Credentials” means the unique log-in identifier by which a person could access a service or benefit, such as, without limitation, a Cloud Program or Training Curricula. “Customer” means the non-Hexagon party to the Primary Contracting Document. “Customer Cloud Administration” means providing User’s access to the Cloud Application(s) purchased by Customer, managing User accounts, providing Credentials to Users, and any system administration beyond User interface.
“Customer Cloud Environment” means a logical group of virtual or physical computers comprised within the Cloud Environment and Local Environment to which the Customer will be provided with access and use of as part of the Cloud Program. A Customer Cloud Environment consists of a Cloud Development Environment and Production Environment.
“Customer Data” means all electronic data or information: (i) provided by Customer to Hexagon in connection with the Deliverables provided pursuant to an Order; and/or (ii) created by Customer and/or submitted to the Cloud Environment by Customers, Users, and/or Authorized Cloud Users. “Customer Data” shall not mean data which (i) is not particular to Customer, and/or (ii) is of value to the general implementation, development, operation, or use of Hexagon products or services for the benefit of other customers. For the avoidance of doubt, Customer Data shall not include the Cloud Application(s), Software Products, Cloud Optional Services, Documentation written by Hexagon, DevTools, Content, Equipment and Software intentionally designed and embedded with Equipment or Special Purpose Items, and any other data and information provided as part of the Cloud Program or constituting a Hexagon Deliverable. “Customer Data Rights” means: (i) the right to use Customer Data that contains Customer’s Confidential Information to perform Hexagon’s obligations within the Order; (ii) the right to use, alter, modify, and disclose Customer Data that does not include Customer’s Confidential Information to perform Hexagon’s obligations and other business purposes for which the information may be disclosed to third parties; and (iii) except as otherwise provided in the EULA or Developer Tools Schedule, a worldwide, royalty-free, irrevocable license to use, replicate, sell, modify, enhance, and distribute any works created by the Customer through its use of Developer Tools.
“Customer Specified Data Center” means a data center used in the provision of a Cloud Environment, whose location has been specified by the Customer and agreed to by Hexagon and identified in the Quote.

Additional Cloud Program Fees may be payable for a Customer Specified Data Center. “Customized Software” means those Services Deliverables that are software or computer code, whether 223
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in source code or object code.
“Cutover” means the point in time in which a Software Product(s) is first used by User for its generally marketed purpose.
“Data Center(s)” means the data center(s) from which the Cloud Program (or part thereof) will be stored as determined by Hexagon or its Third Party Service Provider. “Defect” means a reproducible instance of an adverse and incorrect functioning of a Software Product or Cloud Application that impacts the ability to use functionality intentionally integrated in the design of the Software Product or Cloud Application, assuming proper usage of the Software Product or Cloud Application in its required operating environment. Defects are further classified into four levels as follows:

Level Impact of Defect
 Level One No workaround available and either:
 Productive use prohibited, or
 Aborts.
 Level Two No workaround available and either:
 Primary purpose compromised, or
 Productive use significantly impacted
 Level Three  Productive, but incomplete operation
Level Three Defects generally have a workaround
or do not otherwise substantially impair productive
use.
 Level Four  Defects not qualifying as Level One, Two, or Three, including defects of a cosmetic nature and defects
not materially limiting complete productive use
Customer shall classify a Defect in accordance with the foregoing; provided that, Hexagon shall reclassify the Defect as appropriate following its review thereof. “Deliverable(s)” means all Services Deliverables, software, hardware, Cloud Programs, and other items delivered or to be delivered by Hexagon to Customer and identified in the Order. “Developer Tools” or “DevTools” means any software intended for use by developers to create (i) software for (a) redistribution, or (b) interfacing two or more of the following: Software, Cloud Applications, E/C; or (ii) specific customizations for which the Developer Tool is intended and designed. Developer Tools are subject to Developer Tools Schedules.
“Developer Tools Schedule” or “DevTools Schedule” means a document relating to certain DevTools provided by Hexagon listed in the Order Documents that identifies particular details, limitations, licensing, and other parameters relating to the DevTools.
“Documentation” means, whether in electronic or printed form, any user's guides, reference guides, administrator's guides, configuration guides, release guides, installation guides, and help guides made available at the support website for Software Products or Cloud Applications provided by Hexagon to the Customer. Not all of the types of Software Products or Cloud Applications are provided with Documentation or with similar Documentation.
“Effective Date” means the date and time the last Party is on notice that all Parties have accepted the Primary Contracting Document.
“Emergency Maintenance” means all maintenance performed when a Cloud Service Request demands immediate, unplanned attention, as reasonably determined by Hexagon. “Equipment” means tangible, personal property to be provided by Hexagon identified in Order Documents, including, but not limited to computing hardware, computer-related equipment, computer devices, furniture, sensors, equipment, unmanned aerial vehicles, and instruments. “E/C” or “Equipment/Content” means digital content identified in an E/C Schedule and/or any Equipment 224
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supplied by or through Hexagon. For purposes of clarity, the term “E/C” excludes Maintenance Services, Cloud Program, Software (except Software intentionally designed and embedded with Equipment), and Services. E/C is subject to E/C Schedules.
“E/C Schedule” means a document relating to certain E/C provided by Hexagon listed in the Order Documents that address some or all of the following depending upon the offering being addressed: licensing requirements for any embedded Software, maintenance parameters and limitations, warranty, and support provisions.
“Error” means a Defect with a purchased Cloud Application, Cloud Optional Service, or Third Party Software causing a purchased Cloud Application to fail to materially conform to its designed functionality or Documentation. Errors are further classified into the same four levels as corresponding to the definition for “Defect.”
“EULA” means the certain Hexagon End-User License Agreement set forth in these Master Terms as Exhibit A and/or that is delivered with Software and which must be accepted prior to Software installation. “Exchanged Product” means a later released Software Product which the Customer will receive pursuant to its Maintenance Contract and supplants the Replaced Product. “Fixed Price Project Assignment” means a type of Order where Hexagon will provide Services with or without accompanying Product(s) for a fixed price.
“Hexagon” means the entity that is a member of the Hexagon Group of companies that is identified in the Order Documents; provided however, as used in the EULA, “Hexagon” means Intergraph Corporation. “Hexagon IP” means Hexagon or Hexagon Affiliate developed, created, or prepared Intellectual Property.

Additional information regarding Hexagon patents, including a list of registered patents associated with the Software Products, is available at www.intergraph.com/patents and/or www.uspto.gov. “Intellectual Property” or “IPR” means all forms of intellectual property including, but not limited to, patents, trademarks, copyrights, trade secrets, methodologies, logos, techniques, processes, know-how, formulae, algorithms, logic designs, screen displays, schematics, source and object code computer programs or software, declaring code, implementing code, Documentation, mask work rights, digital data content, design, ideas, product information, inventions and improvements thereto, and all works of authorship fixed in any medium of expression (including any form of online, digital, or electronic medium), whether or not copyrightable and whether registered or not. “Lapse” means an occurrence of any period of time, regardless of duration, during which (i) a Covered Product is not the subject of an active Order for Maintenance Services or other Maintenance Contract and an active Coverage Period, and/or (ii) payment is past due to Hexagon under a Maintenance Contract.

Extension of a Coverage Period and/or payment to Hexagon after the occurrence of a Lapse shall not negate a Lapse, absent Hexagon’s express written waiver. “License Key(s)” means certain unique data string(s) verifying authorized access to the Cloud Application(s), which are purchased by the Customer and provided by Hexagon, as set forth on the Quote. “Local Environment” means the collection of environments provided and supported by Customer (e.g. providing System Equipment, etc.) in which the Local Software operates. “Local Software” means software applications incidental to the Cloud Program which are designed to operate natively on devices outside the Cloud Portal and in the Local Environment. “Maintenance Contract” means a contract under which Hexagon provides Maintenance Services to Customer in relation to Covered Products and under which Customer is to compensate Hexagon therefor. “Maintenance Services” means only those services described in the document titled “Maintenance Terms and Conditions for Software” provided by Hexagon with respect to Software and other Deliverables licensed to Customer and identified in the Order Documents as the subject of Maintenance Services. “Material Adverse Effect” means a change that individually or collectively in aggregate with other changes has the impact of (i) negatively and materially reducing the Customer’s and/or its Affiliates and/or its/their Authorized Cloud Users’ or Users’ access and/or usage rights in respect of the Cloud Program and which render the Cloud Program unusable for its primary intended purpose; or (ii) making the Cloud Program materially less secure which results in increased risk to Customer Data or to data belonging to other 225
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Hexagon customers. For clarity, a Material Adverse Effect is a condition which would render the Cloud Program un-usable or materially less secure for intended users generally, and not merely as a result of individual characteristics associated with Customer or its specific implementation or operation. “Metered License” means a specific type of Subscription License that allows the Customer to use the Subscription License up to the number of hours set forth in the Quote during the Subscription Term. For reference, a Subscription License that is a Metered License shall have the word “Metered” in the Software Product name and/or have the letters “MTR” at the end of the product number for the Software Product instead of the other identifiers corresponding to an unmetered Subscription License referenced in its definition.
“Minimal Operations Levels” means operation of a Software Product without a Level One Defect. “Modern Release” means a version of a Software Product published by Hexagon no more than eighteen (18) months prior to Customer’s first use thereof in Production. “MONTH” means, unless otherwise stated in the applicable provision, a calendar month. “Network Requirements” means (i) the minimum requirements, including but not limited to software and/or hardware, internet connection, latency or other requirements, which must be met by Customer in order to access the Cloud Portal and use the Cloud Program; and (ii) network recommendations to the Customer which describe general and specific recommendations for the network connection requirements of the Cloud Program in order to enable the Cloud Program to function as designed. The Network Requirements may be updated from time to time and Customer will be notified of such update via posting in the Cloud Portal or as otherwise determined by Hexagon. “Offboarding” or “Offboarded” means the process for offboarding the Customer Data (or part thereof) from the Customer Cloud Environment and relocating or facilitating relocation of Customer Data to another Customer-designated location.
“Onboarding” or “Onboarded” means the process of loading Customer Data into the Customer Cloud Environment.
“Onsite Fee” means a fixed fee encompassing Hexagon’s travel expenses for an individual trip (an individual trip means to travel from the Hexagon resource’s primary duty station in furtherance with an Order and lasting no more than five (5) consecutive days).
“Order” means each individual purchase transaction in which the Parties engage, as evidenced by Order Documents.
“Order Documents” shall mean written documents, the terms of which include Hexagon’s commitment to provide specific products, licenses, and/or services at a specified price, subject to the terms and conditions of the Primary Contracting Document. Order Documents may consist of a single document executed by the parties or a combination of documents that together form an Order. Any Schedule applicable to the Order is incorporated into the Order Documents as if fully set forth therein. “Perpetual License” means a type of license for Software Product which allows the User to use the Software Product in perpetuity so long as the User does not otherwise violate the terms of the EULA. For reference, a Perpetual License on a Quote is denoted by its absence of either the terms “Subscription,” “SaaS,” or “Metered” and/or the absence of the letters ”SU”,” “UB,” “CLD or “MTR” at the end of the Software Product number or the letters “HCL” at the beginning of the Software Product number. “Personal Data” means data, including but not limited to criminal justice information, and other information which corresponds to a living individual person defined to be Personal Data under the applicable Personal Data protection laws of the Customer’s jurisdiction.
“Planned Maintenance” means maintenance planned and communicated in advance by Hexagon to Customer for the maintenance of the Cloud Program.
“Primary Contracting Document” means the contract document accepted by the Parties which references and incorporates this Common Terms Glossary and/or references and incorporates a document to which this Common Terms Glossary is an exhibit or attachment. “Product Change Request” means a request for additional functionality or modification to the purchased Cloud Application(s) or Covered Products.
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“Product Order” means a type of an Order that involves only the sale of Products from Hexagon. A Product Order may include the sale of Maintenance Services or maintenance for Equipment so long as the subject of the services is also included in the Product Order. This type of Order does not include Services or Cloud Programs.
“Product(s)” means either or the combination of Software (including Subscription Licenses), E/C, or other goods, and excluding Services, Maintenance Services, or a Cloud Program. “Production” means, as applicable, where a Subsystem or Cloud Program is used in production/operation with an aim to accomplish one or more of its ultimate intended purposes. Operation solely for testing or training is not Production.
“Production Environment” means a logical group of virtual or physical computers comprised within the Cloud Environment to which the Customer will be provided with access and use the purchased Cloud Application(s) in production and for its generally marketed purpose. “Production System License” means the license(s) of Software Product provided to User for general production use.
“Product-Specific Terms” modify the EULA, and (ii) in the event of a conflict between the EULA and Product-Specific Terms, Product-Specific Terms shall govern for the applicable Software. In the event of a conflict of terms between the EULA, any prior Product-Specific Terms (including any product-specific terms delivered in the form of an addendum to the EULA), and later Product-Specific Terms, the later Product-Specific Terms shall take precedence over the EULA and any prior Product-Specific Terms regarding the subject Software.
“Purchase Order” or “PO” means a document issued by Customer to Hexagon to authorize the delivery of certain Product(s), Services, Deliverables, or Cloud Programs. “Quote” means a document issued by Hexagon reflecting Product(s), Services, Maintenance Services, Deliverables, and/or Cloud Programs, which Hexagon offers to provide Customer, as well as the prices and fees therefor, the Customer’s name and location, and any applicable Schedule(s). To the extent any document or information is identified in the Quote with the intention of it being incorporated into the Quote, it will form part of the Quote.
“Replaced Product” means an earlier Software Product which will be replaced pursuant to a Maintenance Contract for an Exchanged Product.
“Schedule” means one or more of: E/C Schedule(s), Cloud Services Schedule(s), DevTools Schedule(s), Training Program Statement(s), and/or Special Purpose Schedule(s). “Secure Access Tool" is a tool designated by Hexagon for providing secure, auditable remote access to Customer utilized environments in order for Hexagon support personnel to effectively perform services. “Security Incident” means an event or set of circumstances resulting in a compromise of the security, confidentiality, or integrity of Customer Data under Hexagon’s control. Examples of Security Incidents include: (i) security breaches to Hexagon’s network perimeter or to internal applications resulting in compromise of Customer Data; (ii) severe degradation of, Hexagon’s security controls, methods, processes or procedures that result in compromise of the security, confidentiality or integrity of Customer Data; and (iii) the unauthorized disclosure of Customer Data.
“Server” means a computer or computer program which manages access by Clients to a centralized resource or service in a network.
“Server-based Software Product” means Server-based software that is accessed by one or more Clients. “Services” means the work, services, projects, assignments, or tasks Hexagon shall perform pursuant to an Order. Services do not include Maintenance Services, Cloud Programs, or XaaS (anything as a service). “Services Deliverable” means any data, document, information, Customized Software, Third Party Software, or material provided to Customer as a product of Hexagon’s performance of Services pursuant to an Order. Cloud Programs are not Services Deliverables. “Software” means the software and DevTools owned by Hexagon or an Affiliate and Third Party Software that is licensed to Customer. For the avoidance of doubt, Cloud Programs and their contents are not “Software” as that term is used herein.
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“Software Product” means the Hexagon or Hexagon Affiliate software product(s) identified in the Order Documents, which includes (i) any associated Hexagon files, sample data, demo data, or media with which the software is provided, (ii) any associated templates, data, printed materials, and “online” or electronic Documentation, and (iii) any Updates of such Software Products not made the subject of a separate license agreement. The term Software Products shall not include, and no rights of use are granted to User for, third party components, Hexagon products, or dependencies unnecessary to operate products made the subject of the Order Documents, but incidentally delivered within the same files or media. Software Product shall not mean any Third Party Software. For the avoidance of doubt, Cloud Programs and their contents are not “Software Products” as that term is used herein. For avoidance if doubt, Software Product does not include Developer Tools. Software Products are subject to all of the terms and conditions of the EULA which the Parties agree will apply to the same; and in the absence of such agreement, then the terms of the EULA provided with the Software Product.
“SOW” means a statement of work setting forth the scope of Services being provided pursuant to an Order. “Special Purpose Item” means an item identified in Order Documents as due to be delivered by Hexagon, which item is subject to certain unique terms, conditions, restrictions, or requirements identified in a Special Purpose Schedule.
“Special Purpose Schedule” means a document identifying terms, conditions, and restrictions applicable to a Special Purpose Item.
“Subscription” means the collection of Subscription License(s) identified on the Quote and or purchased by the Customer.
“Subscription License” means a particular type of license to a Software Product that allows a Customer to use the Software Product for a specified period of time identified in the Quote. For reference, a Software Product that is a Subscription License shall have the word “Subscription” in the Software Product name and/or have the letters “SU” at the end of the product number for the Software Product. “Subscription Term” means the period of time during which Users are authorized to use the Subscription License as set forth on the applicable Quote beginning on the date the Subscription Licenses are provided to the User or the User is provided license keys or access to the Subscription License, unless otherwise noted in the Order Documents.
“Subsystem” means a Hexagon solution that is designed to provide a specific capability independent of the procurement of any other Subsystem. Hexagon’s computer aided dispatch system (“I/CAD” or “OnCall Dispatch”), records management system (“RMS” or “OnCall Records”), and G/Technology (G/Tech) are each an example of a Subsystem.
“System” means a physical or operational location where the Software resides and operates on an individual Server or where a single operational identification number (“Site ID”) has been assigned by Hexagon.
“System Equipment” means all computer-related hardware, including but not limited to, servers, workstations, cables, mice, keyboards, cameras, and SAN’s; operating system software; database software; and other third party software.
“Task” means an Activity or combination of Activities of any nature whether tangible or intangible, whether onsite or remote, or an event, as further identified in an SOW. “Task Acceptance” means the event when the Task Acceptance Criteria has been satisfied in accordance with the Task Acceptance Process.
“Task Acceptance Criteria” means the criteria by which a Task will be evaluated for completion as described in an SOW.
“Task Acceptance Process” means the process by the Customer and Hexagon verify completion of the Task Acceptance Criteria as further described below. Once Hexagon believes the Task Acceptance Criteria has been successfully completed, Hexagon shall submit for execution by Customer’s project manager a sign-off form in substantial conformity with Exhibit C, “Project Deliverable Sign-off Form.” Within ten (10) Business Days of receipt of the applicable Project Deliverable Sign-off Form for the completed milestone or Task, Customer’s project manager will either: (i) execute the Project Deliverable Sign-off Form provided by Hexagon, or (ii) provide a written description of all deficiencies to Hexagon. If Customer fails to perform either action identified in the preceding sentence within ten (10) Business Days, or if the Deliverable, 228
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including the Software contained in the Fixed Price Project Assignment Order, is placed into Production or utilized in a live environment, then the Task or milestone shall be deemed accepted. “Term” means the duration of performance under the contract into which this Common Terms Glossary is incorporated by reference.
“Third Party Service Provider” means the third party service provider with whom Hexagon enters into a subcontract with respect to the hosting of a cloud platform, Training Curricula, and/or other services to provide an element of the Cloud Program, Training Curricula, or other service to Customer (if applicable) on behalf of Hexagon.
“Third Party Software” means computer software or other technology in which any person or entity, other than Hexagon or Hexagon’s Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the Third Party Terms. “Third Party Software Products” also means, where applicable, pre-requisite third party software products used by Hexagon in order for Customer to receive other components of the Cloud Program or licensed by Hexagon and used by the Customer to use Cloud Application or Cloud Optional Services. “Third Party Terms” means for certain Third Party Software additional terms and conditions provided with the Order Documents and/or cited in the Use Terms, or otherwise made available to the Customer or any User.
“Time and Materials Project Assignment” means Hexagon will perform the Services set forth in an Order on an hourly basis until the project is either completed or the authorized hours are exhausted, whichever comes first. Unless otherwise specified in the Order Documents, a Time and Materials Project Assignment shall end six (6) months after formation of the Order.
“Training Curricula” means one or more training classes or resources provided by Hexagon to Customer as a service over a limited time period. Training Curricula are subject to Training Program Statements. “Training Program Statement” means document(s) titled “Training Program Statement” containing additional details regarding the Training Curricula parts being provided to Customer, including, but not limited to: whether the training is provided live on-site, live but remotely, or by way of recorded or static online content; and, certain other pertinent details; provided that “Training Program Statement” may alternatively refer to only those specific terms of an SOW containing additional details regarding Training Curricula being provided to Customer.
“Update” means any upgrade, modified version, new release, fix, patch and/or update of the Software.

Updates can require full installation and a new License Key. Updates are subject to all of the terms and conditions of the EULA provided with User’s then current version of the Software; provided that if a new EULA is delivered with an Update, acceptance thereof is a requirement for its use. “User” means Customer and/or an individual employed by Customer and authorized by Hexagon to use a particular Software, Cloud Application, Third Party Software, or Cloud Optional Services on behalf of the Customer. A User may also include Customer’s contractor who requires temporary use in order to provide services on Customer’s behalf. A person can only be authorized and a User if the person is an employee or designee of Customer and Customer has purchased the requisite number of licenses, or in the case of Cloud Programs, the requisite number of License Key(s) to provide Credentials for that User. “Use Terms” means the Hexagon Product Usage Policy and Product Specific Terms set forth at Exhibit E-2.
which are incorporated herein. For purposes of clarity, the Use Terms corresponding to the date of the Order shall apply to that specific Order and the Software provided thereunder. “Version Limitation I” is a status reached by a Software Product on the earlier of the (i) the third anniversary of the Customer’s first operation of that Software Product in a live Production environment or (ii) the fifth anniversary of Hexagon’s first actual delivery of the Software Product to the Customer for implementation; provided that each time Customer upgrades the version of the Software Product used in Production to a Modern Release, a reset shall occur, such that Version Limitation I shall thereafter be reached upon the third anniversary of the Customer’s first operation of such Modern Release in a live 229
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(BB&K 2017) Exhibit “D”-27
Production environment.
“Version Limitation II” is a status reached by a Software Product on the earlier of (i) the fourth anniversary of the Customer’s first operation of that Software Product in a live Production environment or (ii) the sixth anniversary of Hexagon’s first actual delivery of the Software Product to the Customer for implementation; provided that each time Customer upgrades the version of the Software Product used in Production to a Modern Release, a reset shall occur, such that Version Limitation II shall thereafter be reached upon the fourth anniversary of the Customer’s first operation of such Modern Release in a live Production environment.
“Version Limitations” means, separately and collectively, limitations on Services to be provided hereunder based upon a Covered Product reaching Version Limitation I and/or Version Limitation II. “Virus” means any thing or device (including any software, code, file or program) which may: (i) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (ii) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by rearranging, altering or erasing the program or data in whole or part or otherwise); or (iii) adversely affect the user experience or security, including worms, Trojan horses, viruses and other similar things or devices.
“Work” means, as applicable, the performance or providing of Services, Maintenance Services, or Cloud Services.
“XML Files” means the XML (Extensible Markup Language) files generated by the Software Product, where applicable.
“XSL Stylesheets” means the XSL (Extensible Stylesheet Language) presentation of a class of XML Files which, when included with the Software Product, describe how an instance of the class is transformed into an XML (Extensible Markup Language) document that uses the formatting vocabulary. 230
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EXHIBIT E-2

USE TERMS

PRODUCT USAGE POLICY AND PRODUCT-SPECIFIC TERMS
These Use Terms, including Product-Specific Terms included in this document, apply to Software licensed to User by Hexagon pursuant to the EULA, including any version of EULA that is part of any other agreement between User and Hexagon that references the Use Terms and/or subject to Third Party Terms identified herein.

1.0 DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Common Terms Glossary.

2.0 AUTHORIZED LICENSE AND ACTIVATION. Unless expressed otherwise, Software Products will contact license servers to conduct a license activation and/or validity check to determine whether the license is authorized and authentic and associate it with a certain device. Depending upon the application, license servers may be within or outside the Customer site. During this contact the transmission of certain data will occur. During activation and validity check, the Software Product may determine that the license is invalid or has expired. In the case of an invalid or expired license, User may receive a prompt informing User of such. Although no personal information is transmitted between User and Hexagon during the license activation and check, User’s use of the Software Product provides User’s continued consent to the transmission of the necessary data for license activation and validity check. Unless otherwise provided by Hexagon, User may not bypass the license activation process, as doing so will invalidate User’s license and is considered a violation of these Use Terms.

3.0 LICENSING METRICS. Software Products are licensed as either Production System Licenses or Auxiliary System Licenses. In some Hexagon documents Production System Licenses may be referred to as “Primary Licenses,” and Auxiliary System Licenses may be referred to as “Supplementary Licenses.” In those instances, please interpret references to “Primary Licenses” as “Production System Licenses,” and references to “Supplementary Licenses” as “Auxiliary System Licenses.” There are two (2) types of Production System Licenses and seven (7) types of Auxiliary System Licenses as described below.

Depending upon User’s license, a license may be used in either Concurrent-Use mode or Node-Locked mode. If an electronic license manager tool is incorporated in the Software Product, the license type will be verified by the Hexagon license system. If not otherwise indicated, User’s Client license type and mode will be a Concurrent-Use Production System License. Each license of the Software Product is subject to the EULA, Use Terms, and Order Documents.

3.1 Production System Licenses are identified, and applicable terms described, below:

3.1.1 Concurrent-Use mode (CC) is a type of Client license that allows for the checking in and checking out of the total available licenses of the Software Product for Users. At any point, User may run as many copies of the Software Product as User has Client licenses. If the Software Product is enabled to be run in a disconnected mode, as set forth in the Documentation, a User may check out a license from the System for disconnected use, thus reducing the total number of licenses available in the license pool until the license is checked back into the System. User is responsible for assuring the number of Users using the Software Product concurrently does not exceed the number of licenses User has purchased, even if the Software Product contains no license manager mechanism. User consents to the use of a license mechanism, license files, hardware keys, and other security devices in connection with the Software Product.

3.1.2 Node-Locked mode (NL) is a type of license that allows a single copy of either a Client or Server-based Software Product to be stored on a hard disk and loaded for execution on a single designated workstation, device, or Server.

3.2 Auxiliary System Licenses are identified, and applicable terms described, below:
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(BB&K 2017) Exhibit “D”-29

3.2.1 Passive Disaster Recovery License (BCK) is licensed solely for temporary use when manual switchover of the Software Product to the Auxiliary System License is required in the event of failure of the Production System License. This license may be used in the Production system only during the period of failure of the Production System License. In some Hexagon documents, this type of license may be referred to as a “Backup License.” In those instances, please interpret references to “Backup License” as “Passive Disaster Recovery License.”

3.2.2 Development System License (DEV) is a license of a Server-based Software Product that is delivered solely in connection with the Production System License of such Software Product for the purposes of developing and testing User’s website built only with the Software Product. Development System Licenses shall not be used for Production purposes (i.e., a fully deployed website). In some Hexagon documents, this type of license may be referred to as a “Developer’s License.” In those instances, please interpret references to “Developer’s License” as “Development System License.”

3.2.3 Active Disaster Recovery License (RDT) is licensed solely for temporary use when automatic switchover of the Software Product to the Auxiliary System License is required in the event of failure of the Production System License. This license may be used in the Production system only during the period of failure of the Production System License. In some Hexagon documents, this type of license may be referred to as a “Redundant License.” In those instances, please interpret references to “Redundant License” as “Active Disaster Recovery License.”

3.2.4 Test System License (TST) is licensed solely for testing and development purposes. A Test System License may not be used for training purposes.

3.2.5 Training System License (TRN) is licensed solely for training purposes.

3.2.6 Load Balancing License (LOB) is licensed solely to distribute the traffic evenly among multiple Servers.

3.2.7 Secondary License (SEC or TFB) is licensed for non-productive use for training, development, testing, failover, backup, etc. The total quantity of Secondary Licenses cannot exceed the quantity of purchased Production System Licenses.

4.0 RIGHTS AND LIMITATIONS.

4.1 Unless otherwise stated in the Documentation, for a Software Product that is delivered with an Application Programming Interface (“API”) and/or configuration set-up, User may use the API(s) to write User’s own extensions to the Software Product, and User may use the configuration setup to configure the Software Product, but only to the extent permitted by the API(s) and/or configuration setup. Insofar as Hexagon does not transfer to User any rights in Hexagon’s Intellectual Property (as that term is defined in the EULA and/or any other agreement between User and Hexagon that references the Use Terms) by allowing User to write User’s own extensions using the API(s) or to configure the Software Product via the configuration set-up, User hereby agrees and acknowledges that Hexagon retains all rights in its Software Product, API(s), and configuration setup. Hexagon does not make any representations or warranties with respect to such extensions and/or configurations, and to the maximum extent permitted by applicable law, Hexagon and its suppliers disclaim all warranties, either express or implied, relating to such extensions and/or configurations, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, high risk use, and non-infringement. User’s use of such extensions and/or configurations is solely at User’s own risk, and subject to applicable law. User hereby agrees to indemnify and hold harmless Hexagon and its suppliers with respect to such extensions and/or configurations.

4.2 For a Software Product that is Node-Locked:

In general, User may not allow the Software Product to be used by multiple Users on a single workstation at the same time. However, if the license is Node-Locked license with remote access, it is intended to allow uncounted Clients to connect to the application Server and does not count the number of connections.

4.3 For Server-based Software Product(s):
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4.3.1 With a single license, User may run multiple websites and provide multiple webservices to User’s client users, provided all websites and webservices reside on the licensed Server.

4.3.2 License fees and installation restrictions for Software Products may be based on the number of Cores present in the Server on which the Software Products are installed. If User’s Software Products are Core based, this section will apply. User is responsible for determining the number of Cores on User’s host Server and ordering the appropriate number of Core licenses. Each license of a Software Product must be installed only on a single Server. For example, a 4 Core license does not permit User to install two copies of a component, each on a 2-Core Server. In a virtualized data processing environment, where hyper-threading, "virtual machine" technology, or other similar techniques create "virtual processors" which do not necessarily correspond to the physical Cores present on the Server, User’s usage rights depend upon the relationship between the number of Cores for which User is licensed, the number of physical Cores present on the host Server, and the number of processors available to the Software Product in the virtualized environment.

Such rights are determined as follows: if the number of Cores for which User is licensed equals or exceeds the number of physical Cores present on the host Server, then additional virtual processors created by hyper-threading or other methods of multi-tasking a physical Core do not violate User’s licensing restriction; however, if User wishes to install the Software Product on a host Server having a greater number of physical Cores present than the number of Cores for which User is licensed, User must operate the Software Product only within a virtual machine that accesses a maximum number of processors (whether virtual, physical, or both) that is less than or equal to the number of Cores for which User is licensed. User may load a Server-based Software Product on multiple machines within a cluster that is acting as a single web Server, provided User has obtained from Hexagon the appropriate quantity of licenses for the number of Cores, and the total number of Cores deployed do not exceed the quantity licensed.

4.3.3 User may not use a Software Product’s java script code for any purpose other than the application for which it was written.

4.3.4 Unless otherwise stated in the Documentation, for Software Products which contain XSL Stylesheets for presenting XML Files, User may only use the XSL Stylesheets and derivative works thereof for the purpose of presenting XML Files and derivative works thereof (collectively, “XML Products”) for User’s enterprise. User may not distribute the XSL Stylesheets or XML Products on a stand-alone basis. XSL Stylesheets may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene, or pornographic material, nor in any material that infringes upon any third party Intellectual Property rights, or otherwise in any illegal manner. All XSL Stylesheets supplied with the Software Product are and will remain the Intellectual Property of Hexagon.

4.3.5 User may not use the Server-based Software Product to operate software-as-aservice or hosting services without the prior written consent of Hexagon.

4.3.6 User may not, and User may not authorize or allow anyone else to, use the Development System License for Production purposes (i.e., a fully deployed website).

5.0 SPECIAL LICENSE SCENARIOS.

5.1 United States Government Restricted Rights. If the Software (including any Updates, Documentation, or technical data related to such Software) is licensed, purchased, subscribed to, or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section 5.1 also applies.

5.1.1 For civilian agencies: The Software was developed at private expense and is “restricted computer software” submitted with restricted rights in accordance with the Federal Acquisition Regulations (“FAR”) 52.227-19 (a) through (d) (Commercial Computer Software – Restricted Rights). 233
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5.1.2 For units of the Department of Defense: The Software was developed at private expense and is “commercial computer software” submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations (“DFARS”) DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation).

5.1.3 Notice: This Software is “Commercial Computer Software” as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes “technical data” as defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this “Commercial Computer Software” shall be in strict accordance with the manufacturer’s standard commercial license, which is attached to and incorporated into the governing Government contract. Hexagon and any applicable third-party software manufacturer(s) are the manufacturer. This Software is unpublished and all rights are reserved under the Copyright Laws of the United States.

5.2 Beta Software.

If the Software Product is Beta Software, then the following additional terms apply. To the extent that any provision in this section is in conflict with any other terms or conditions in the Order Documents, this section shall supersede such other terms and conditions with respect to the Beta Software, but only to the extent necessary to resolve the conflict. User shall hold all information concerning Beta Software and User’s use and evaluation of such information and the Beta Software (collectively, “Beta Software Information”) in confidence and with the same degree of care User uses to keep User’s own similar information confidential, but in no event shall User use less than a reasonable degree of care; and User shall not, without the prior written consent of Hexagon, disclose such Beta Software Information to any person or entity for any reason at any time; provided, however, it is understood that User may disclose any Beta Software Information to those of User’s representatives who actually need such information for the purpose of participating in the proposed evaluation and testing (“Beta Testing”) of the Beta Software, on the condition that, prior to such disclosure, such representative has been made aware of these terms. User shall not use any Beta Software Information for any reason or purpose other than as necessary for Beta Testing. User agrees to make no other use of the Beta Software Information or to incorporate any Beta Software Information into any work or product. User acknowledges that the Beta Software is a pre-release, beta version, does not represent final product from Hexagon, and may contain bugs, errors and other problems that could cause system or other failures and data loss. THE BETA SOFTWARE IS PROVIDED TO USER “AS-IS”, AND HEXAGON DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO USER OF ANY KIND. User may use the Beta Software only for evaluation and testing and not for general Production use, unless otherwise expressly agreed in writing by Hexagon. User acknowledges that Hexagon has not promised or guaranteed to User that Beta Software or any portion thereof will be announced or made available to anyone in the future, Hexagon has no express or implied obligation to User to announce or introduce the Beta Software and that Hexagon may not introduce a product similar to or compatible with the Beta Software. Accordingly, User acknowledges that any research or development that User performs regarding the Beta Software or any product associated with the Beta Software is done entirely at User’s own risk. If requested by Hexagon, User will provide feedback to Hexagon regarding Beta Testing, including error or bug reports. Hexagon shall own any and all Beta Software feedback from Customer and/or User and all Beta Software Information and shall retain full rights to leverage the same for improvement or development of Products; provided further that User and/or Customer shall deliver any assignments or documentation necessary to effect such rights. Upon receipt of a later unreleased version of Beta Software or release by Hexagon of a publicly released commercial version of the Software Product, User agrees to return or permanently destroy all earlier Beta Software received from Hexagon. User agrees to return or destroy all unreleased versions of the Beta Software no later than the date earlier of (i) thirty (30) days of the completion of Beta Testing, or (ii) Hexagon’s first commercial shipment of the publicly released commercial software.

6.0 PRODUCT-SPECIFIC TERMS. The following are applicable to User if User has obtained from Hexagon Software identified in this section 6.0.

6.1 One or more of the following Product-Specific Terms specified below, shall be applicable to User if User has obtained such Software Products.
234
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6.1.1 I/Map Editor for ArcGIS With regard only to I/Map Editor for ArcGIS, (i) this provision modifies the EULA between User and Hexagon related to I/Map Editor for ArcGIS, and (ii) in the event of a conflict between the EULA and this provision, this provision shall govern specifically with regard to I/Map Editor for ArcGIS. The EULA and this provision together constitute the “License” applicable to I/Map Editor for ArcGIS. Hexagon grants to User a license and permission to use, copy, and reproduce the Esri Character Marker Symbol font files taken from a licensed copy of Esri’s ArcGIS Desktop software to use in Hexagon’s Intergraph I/CAD product suite for User’s own internal use. For clarification, User may distribute the Character Marker Symbol font files to User’s workstations, servers, tablets, and/or mobile devices that contain a copy of the I/Map Editor for ArcGIS-created .MAP file solely for the purpose of properly rendering the map. No other use of the Esri Character Marker Symbol font file is permitted. 235
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BB&K 2020
PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN

RUBEN VALENCIA

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
NATIONAL PUBLIC SAFETY GROUP, LLC.

1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and National Public Safety Group (NPSG), a Limited Liability Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated December 15, 2020. (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the terms, provide additional compensation, and add to the scope of work. The parties heretofore entered into Amendment No. 1, dated June 3, 2021, Amendment No. 2, dated November 21, 2022, and Amendment No. 3, dated February 21, 2023.

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.1.2 Term, and 3.2.1 Compensation of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 Term of the Agreement is hereby amended in its entirety to read as follows:
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"The term of this Agreement shall be from December 15, 2020, to December 14, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.” Section 3.2.1 Compensation of the Agreement is herby
amended in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this Agreement at the rates set forth in Exhibit “D” attached hereto and incorporated herein by reference. The total compensation amount shall be increased by five-hundred eighty-six thousand, four hundred fifteen dollars ($586,415) with a contingency of fourteen-thousand two hundred and ninety dollars ($14,290), and a total not to exceed the contract amount of ninehundred sixty-three thousand, six hundred and thirty-four dollars ($963,634) without the written approval of Council od City Manager, as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in the Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No.4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND NATIONAL PUBLIC SAFETY GROUP, LLC
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO NATIONAL PUBLIC SAFETY GROUP,
LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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Exhibit “D”
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\33287662.1

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240
46700.00100
\33287662.1

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Department: Utilities
Prepared By: Omar Gonzalez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH RICHARD BRADY AND ASSOCIATES INC. FOR RESERVOIR 925-1A AND WATER TRANSMISSION MAIN

IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or designee, to execute a Professional Design Services Agreement with Richard Brady and Associates Inc., of San Diego, California, for design and bid support services for Reservoir 925-1A (Reservoir) and Water Transmission Main Project for an amount of $2,489,355 plus a 15% contingency of $373,403 for a total not-to-exceed amount of $2,862,758, and a term from November 21, 2023 to November 21, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The proposed Agreement is for a total amount of $2,489,355 plus a 15% contingency of $373,403 for a total not-to-exceed amount of $2,862,758. The term of the Agreement will be from November 21, 2023 to November 21, 2026. The Fiscal Year 2023-24 Adopted Capital Improvement Program includes appropriations for this project from the Ontario Ranch Development Impact Fee (DIF) Fund (DIF Project No.’s WT-010 and WT-014 and Capital Improvement Program No.’s WA 2301 and WA2302). Sufficient DIF funds have been collected through development agreements subject to the NMC Builders, LLC’s First Amended and Restated Agreement for the Construction of Limited Infrastructure Improvements to serve an Easterly Portion of Ontario Ranch. Non-NMC Builder developments including Euclid Land Ventures, LLC (PDA19-001), and Merrill Commerce Center East, LLC (PDA 18-004) will also provide funds according to their respective development agreements. There is no impact to the General fund. 242
BACKGROUND & ANALYSIS: The City’s Water Master Plan identifies water infrastructure improvements that are needed to meet the growing water demands of Ontario Ranch. This project creates a new backbone water infrastructure known as Phase 2B Water Improvements for the west side of Ontario Ranch, and includes the Reservoir, water transmission main from the Reservoir site to the 925-ft. pressure zone in Ontario Ranch, and two new groundwater production wells in the vicinity of the Reservoir site.

Phase 2B Water Improvements in this project includes the design of the 9-million-gallon Reservoir located on Bon View Avenue, north of Francis Street, and approximately 17,200 linear feet of 42- inch transmission main to convey potable water from the Reservoir to the 925-ft. pressure zone connection point at the intersection of Grove Avenue and Eucalyptus Avenue (see Attachment 1).

Professional design services include a preliminary layout of the Reservoir site which will ultimately include groundwater production wells, a groundwater treatment facility, and various other water production equipment and appurtenances. The Agreement will also include a preliminary design report with CEQA document updates, completed construction documents and estimates, and construction bidding support services for the new 925-1A Reservoir and site improvements, and transmission main.

On July 13, 2023, the City received the following three qualified proposals in response to the Request for Proposals (RFP) for the Reservoir 925-1A and Water Transmission Main Project:

Proposer Location
Richard Brady and Associates Inc. San Diego, CA
Ardurra Group Inc. Newport Beach, CA
Hazen and Sawyer New York, NY
Staff reviewed the proposals based upon qualifications, understanding of the City’s needs, history of completing similar projects, and criteria specified in the RFP. After careful evaluation, Richard Brady and Associates Inc. of San Diego, California, was selected as the best overall qualified respondent.
243
®
OMUC CONTRACT NO. UT1074

CITY OF ONTARIO
925'-1A RESERVOIR AND TRANSMISSION MAIN
Document Path: S:\OMUC\40000 ENGINEERING\42000 CIP\Active Projects\UTxxxx 925A Reserviour and Transmission Main\Agenda Exhibit\Agenda Map UT1074 925A Reservoir and Transmission Main.mxd ATTACHMENT 1
42" TRANSMISSION MAIN & RESERVOIR 925'-1A SITE 244
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Department: Police Department
Prepared By: Matthew Hernandez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM FOR FISCAL YEAR 2023-24

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute all documents necessary to accept and approve the Citizen' s Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant in the amount of $280,981 for Fiscal Year 2023-24.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: As part of the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) grant program, the City of Ontario is eligible to receive a maximum grant award of $280,981. This amount is based on an estimation of the State' s Vehicle License Fee (VLF) revenues for Fiscal Year 2023-24. The allocation may only be re-calculated and adjusted by the State Controller's Office. Additionally, the grant funds will be distributed to the City in monthly installments and no matching funds by the City is required. If approved, the associated revenue and expenditure adjustments in the Grants Fund will be presented to Council in the next quarterly budget adjustment.

BACKGROUND & ANALYSIS: Beginning in Fiscal Year 2002-03, the State of California allocated grant monies Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS), formerly known as Supplemental Law Enforcement Services Fund to counties.

The County granted those monies to cities for the purpose of supporting front-line law enforcement needs including but not limited to equipment and training.

On September 13, 2023, the California State Department of Finance announced the estimated funding allocation amounts to be awarded to each participating agency under the COPS/ ELEAS grant program. The City of Ontario is eligible to receive a maximum grant award of $280,981. If approved, the associated revenue and expenditure adjustments will be presented to Council in the next quarterly budget adjustment.
348
September 13, 2023
Honorable Malia M. Cohen
State Controller
3301 C Street
Sacramento, CA 95816
Attention: Evelyn Calderon-Yee, Chief
Bureau of Payments, Local Government Programs and Services Division, State Controller’s Office
Dear Controller Cohen:

Pursuant to Government Code section 30029.05, subdivision (e), paragraph (2), the Department of Finance respectfully submits the attached (Attachments I and II) percentages for the 2023-24 allocation of $214,200,000 in Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) funds deposited in the Enhancing Law Enforcement Activities Subaccount (ELEAS) in the Law Enforcement Services Account within the Local Revenue Fund 2011.

Pursuant to Government Code section 30061, subdivisions (b) and (g), subsequent to the allocation described in Section 29552, subdivision (d), 47.08727192 percent of the remaining funds deposited in the ELEAS for the COPS (23.54363596 percent) and JJCPA (23.54363596 percent) programs are to be allocated, according to the relative population for each county and city, as follows:
(1) 5.15 percent to county sheriffs for county jail construction and operation ($11,031,300).
(2) 5.15 percent to district attorneys for criminal prosecution ($11,031,300). (3) 50 percent to counties to implement a comprehensive multi-agency juvenile justice plan ($107,100,000).
(4) 39.7 percent to counties and cities for front-line law enforcement ($85,037,400).

Please note that the by-county percentages for the first three allocations above: (1) county jail construction and operation, (2) district attorney criminal prosecution, and (3) multi-agency juvenile justice plans, are specified on Attachment I and the bycounty/city percentages for the fourth allocation, front-line law enforcement, are identified on Attachment II.
349
2 Pursuant to Government Code section 30061, subdivision (b), paragraph (3), each law enforcement jurisdiction receiving front-line law enforcement funding is to receive a minimum grant of $100,000. The percentages included in Attachment II are calculated in a manner that provides for a minimum grant allocation of $100,000 to each law enforcement jurisdiction listed in Attachment II.

Also note that the allocations shown on Attachments I and II may be slightly different from the final allocations made by the State Controller’s Office due to rounding.

If you have any questions, or need additional information, please call Patrick Plant, Staff Finance Budget Analyst, at (916) 445-8913.

Sincerely,

AMY JARVIS
Program Budget Manager
Attachment
cc: Natalie Sidarous, Chief, Local Government Programs and Services Division, State Controller’s Office
Anne Kato, Assistant Chief, Local Government Programs and Services Division, State Controller’s Office
Melma Dizon, Manager, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Mr. Ou Saelee, Supervisor, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Kathleen Howard, Executive Director, Board of State and Community Corrections 350
2023-24 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety and Juvenile Justice Crime Prevention Act Allocations Based on Jan. 1, 2023 Population Estimates
Attachment I
rounded
Co. Jail
Operation
Allocation by
County
Co. Jail
Operation
Allocation by
County
Percent of Co.

Jail Operation
Allocation by
County
District
Attorney
Allocation by
County
Percent of District
Attorney
Allocation by
County
Juvenile
Justice
Allocation by
County
Juvenile Justice
Allocation by
County
Percent of
Juvenile Justice
Allocation by
County
Total
Allocation by
County
Percent of Total
Allocation by
County
Net Total
Allocation by
County
Front-line Law
Enforcement
Percent of Net
Total Allocation
by County
Alameda 1,636,194 4.201808664% 4.201808660% 4.20180866% $463,514 463,514 4.20180866% $463,514 4.20180866% $4,500,137 4,500,137 4.20180866% $5,427,165 4.20180866% $8,227,687 $2,800,522 3.29328243% Alpine 1,184 0.003040557% 0.003040560% 0.00304056% $335 335 0.00304056% $335 0.00304056% $3,256 3,256 0.00304056% $3,927 0.00304056% $103,927 $100,000 0.11759532% Amador 39,837 0.102302937% 0.102302940% 0.10230294% $11,285 11,285 0.10230294% $11,285 0.10230294% $109,566 109,566 0.10230294% $132,137 0.10230294% $732,137 $600,000 0.70557190% Butte 205,592 0.527968106% 0.527968110% 0.52796811% $58,242 58,242 0.52796811% $58,242 0.52796811% $565,454 565,454 0.52796811% $681,937 0.52796811% $1,348,915 $666,977 0.78433422% Calaveras 44,890 0.115279234% 0.115279230% 0.11527923% $12,717 12,717 0.11527923% $12,717 0.11527923% $123,464 123,464 0.11527923% $148,898 0.11527923% $348,898 $200,000 0.23519063% Colusa 21,771 0.055908759% 0.055908760% 0.05590876% $6,167 6,167 0.05590876% $6,167 0.05590876% $59,878 59,878 0.05590876% $72,213 0.05590876% $372,213 $300,000 0.35278595% Contra Costa 1,147,653 2.947216723% 2.947216720% 2.94721672% $325,116 325,116 2.94721672% $325,116 2.94721672% $3,156,469 3,156,469 2.94721672% $3,806,702 2.94721672% $6,376,642 $2,569,941 3.02212972% Del Norte 26,599 0.068307248% 0.068307250% 0.06830725% $7,535 7,535 0.06830725% $7,535 0.06830725% $73,157 73,157 0.06830725% $88,227 0.06830725% $288,227 $200,000 0.23519063% El Dorado 189,006 0.485374625% 0.485374620% 0.48537462% $53,543 53,543 0.48537462% $53,543 0.48537462% $519,836 519,836 0.48537462% $626,922 0.48537462% $1,072,385 $445,463 0.52384335% Fresno 1,011,499 2.597568052% 2.597568050% 2.59756805% $286,546 286,546 2.59756805% $286,546 2.59756805% $2,781,995 2,781,995 2.59756805% $3,355,086 2.59756805% $5,940,600 $2,585,514 3.04044283% Glenn 28,636 0.073538341% 0.073538340% 0.07353834% $8,112 8,112 0.07353834% $8,112 0.07353834% $78,760 78,760 0.07353834% $94,984 0.07353834% $394,984 $300,000 0.35278595% Humboldt 134,047 0.344237814% 0.344237810% 0.34423781% $37,974 37,974 0.34423781% $37,974 0.34423781% $368,679 368,679 0.34423781% $444,627 0.34423781% $1,254,850 $810,224 0.95278513% Imperial 179,476 0.460901221% 0.460901220% 0.46090122% $50,843 50,843 0.46090122% $50,843 0.46090122% $493,625 493,625 0.46090122% $595,312 0.46090122% $1,395,312 $800,000 0.94076254% Inyo 18,896 0.048525649% 0.048525650% 0.04852565% $5,353 5,353 0.04852565% $5,353 0.04852565% $51,971 51,971 0.04852565% $62,677 0.04852565% $262,677 $200,000 0.23519063% Kern 907,476 2.330433017% 2.330433020% 2.33043302% $257,077 257,077 2.33043302% $257,077 2.33043302% $2,495,894 2,495,894 2.33043302% $3,010,048 2.33043302% $5,316,915 $2,306,867 2.71276784% Kings 151,018 0.387819990% 0.387819990% 0.38781999% $42,782 42,782 0.38781999% $42,782 0.38781999% $415,355 415,355 0.38781999% $500,918 0.38781999% $1,000,918 $500,000 0.58797658% Lake 66,800 0.171544951% 0.171544950% 0.17154495% $18,924 18,924 0.17154495% $18,924 0.17154495% $183,725 183,725 0.17154495% $221,572 0.17154495% $521,572 $300,000 0.35278595% Lassen 28,275 0.072611280% 0.072611280% 0.07261128% $8,010 8,010 0.07261128% $8,010 0.07261128% $77,767 77,767 0.07261128% $93,787 0.07261128% $293,787 $200,000 0.23519063% Los Angeles 9,761,210 25.067159977% 25.067159980% 25.0671599700% $2,765,234 2,765,234 25.06715997% $2,765,234 25.06715997% $26,846,928 26,846,928 25.06715997% $32,377,396 25.06715997% $50,974,083 $18,596,687 21.86883356% Madera 158,148 0.406130102% 0.406130100% 0.40613010% $44,801 44,801 0.40613010% $44,801 0.40613010% $434,965 434,965 0.40613010% $524,568 0.40613010% $841,160 $316,591 0.37229674% Marin 252,959 0.649608370% 0.649608370% 0.64960837% $71,660 71,660 0.64960837% $71,660 0.64960837% $695,731 695,731 0.64960837% $839,051 0.64960837% $2,041,718 $1,202,667 1.41428044% Mariposa 16,935 0.043489727% 0.043489730% 0.04348973% $4,797 4,797 0.04348973% $4,797 0.04348973% $46,578 46,578 0.04348973% $56,172 0.04348973% $156,172 $100,000 0.11759532% Mendocino 89,164 0.228976556% 0.228976560% 0.22897656% $25,259 25,259 0.22897656% $25,259 0.22897656% $245,234 245,234 0.22897656% $295,752 0.22897656% $795,752 $500,000 0.58797658% Merced 285,337 0.732756311% 0.732756310% 0.73275631% $80,833 80,833 0.73275631% $80,833 0.73275631% $784,782 784,782 0.73275631% $946,447 0.73275631% $1,727,448 $781,001 0.91842071% Modoc 8,527 0.021897662% 0.021897660% 0.02189766% $2,416 2,416 0.02189766% $2,416 0.02189766% $23,452 23,452 0.02189766% $28,284 0.02189766% $228,284 $200,000 0.23519063% Mono 13,156 0.033785110% 0.033785110% 0.03378511% $3,727 3,727 0.03378511% $3,727 0.03378511% $36,184 36,184 0.03378511% $43,638 0.03378511% $243,638 $200,000 0.23519063% Monterey 430,368 1.105201456% 1.105201460% 1.10520146% $121,918 121,918 1.10520146% $121,918 1.10520146% $1,183,671 1,183,671 1.10520146% $1,427,507 1.10520146% $2,937,528 $1,510,021 1.77571387% Napa 134,637 0.345752957% 0.345752960% 0.34575296% $38,141 38,141 0.34575296% $38,141 0.34575296% $370,301 370,301 0.34575296% $446,584 0.34575296% $1,066,026 $619,442 0.72843499% Nevada 100,720 0.258652806% 0.258652810% 0.25865281% $28,533 28,533 0.25865281% $28,533 0.25865281% $277,017 277,017 0.25865281% $334,083 0.25865281% $738,588 $404,505 0.47567906% Orange 3,137,164 8.056356933% 8.056356930% 8.05635693% $888,721 888,721 8.05635693% $888,721 8.05635693% $8,628,358 8,628,358 8.05635693% $10,405,800 8.05635693% $16,047,923 $5,642,123 6.63487220% Placer 410,305 1.053678906% 1.053678910% 1.05367891% $116,234 116,234 1.05367891% $116,234 1.05367891% $1,128,490 1,128,490 1.05367891% $1,360,959 1.05367891% $2,283,382 $922,423 1.08472613% Plumas 18,996 0.048782453% 0.048782450% 0.04878245% $5,381 5,381 0.04878245% $5,381 0.04878245% $52,246 52,246 0.04878245% $63,009 0.04878245% $263,009 $200,000 0.23519063% Riverside 2,439,234 6.264046045% 6.264046050% 6.26404605% $691,006 691,006 6.26404605% $691,006 6.26404605% $6,708,793 6,708,793 6.26404605% $8,090,805 6.26404605% $12,669,461 $4,578,657 5.38428581% Sacramento 1,572,453 4.038119342% 4.038119340% 4.03811934% $445,457 445,457 4.03811934% $445,457 4.03811934% $4,324,826 4,324,826 4.03811934% $5,215,740 4.03811934% $7,819,692 $2,603,952 3.06212522% San Benito 65,666 0.168632795% 0.168632800% 0.16863280% $18,602 18,602 0.16863280% $18,602 0.16863280% $180,606 180,606 0.16863280% $217,811 0.16863280% $517,811 $300,000 0.35278595% San Bernardino 2,182,056 5.603603122% 5.603603120% 5.60360312% $618,150 618,150 5.60360312% $618,150 5.60360312% $6,001,459 6,001,459 5.60360312% $7,237,759 5.60360312% $11,274,642 $4,036,883 4.74718504% San Diego 3,269,755 8.396855684% 8.396855680% 8.39685568% $926,282 926,282 8.39685568% $926,282 8.39685568% $8,993,032 8,993,032 8.39685568% $10,845,597 8.39685568% $16,335,033 $5,489,436 6.45531961% San Francisco 831,703 2.135845060% 2.135845060% 2.13584506% $235,611 235,611 2.13584506% $235,611 2.13584506% $2,287,490 2,287,490 2.13584506% $2,758,713 2.13584506% $4,051,854 $1,293,141 1.52067377% San Joaquin 786,145 2.018850376% 2.018850380% 2.01885038% $222,705 222,705 2.01885038% $222,705 2.01885038% $2,162,189 2,162,189 2.01885038% $2,607,600 2.01885038% $4,039,552 $1,431,953 1.68390916% San Luis Obispo 278,348 0.714808292% 0.714808290% 0.71480829% $78,853 78,853 0.71480829% $78,853 0.71480829% $765,560 765,560 0.71480829% $923,265 0.71480829% $1,811,604 $888,339 1.04464505% San Mateo 737,644 1.894297956% 1.894297960% 1.89429796% $208,966 208,966 1.89429796% $208,966 1.89429796% $2,028,793 2,028,793 1.89429796% $2,446,724 1.89429796% $4,791,852 $2,345,128 2.75776048% Santa Barbara 440,557 1.131367197% 1.131367200% 1.13136720% $124,805 124,805 1.13136720% $124,805 1.13136720% $1,211,694 1,211,694 1.13136720% $1,461,303 1.13136720% $2,578,718 $1,117,415 1.31402754% Santa Clara 1,886,079 4.843522885% 4.843522890% 4.84352289% $534,304 534,304 4.84352289% $534,304 4.84352289% $5,187,413 5,187,413 4.84352289% $6,256,020 4.84352289% $9,599,644 $3,343,624 3.93194552% Santa Cruz 262,051 0.672956973% 0.672956970% 0.67295697% $74,236 74,236 0.67295697% $74,236 0.67295697% $720,737 720,737 0.67295697% $869,209 0.67295697% $1,467,396 $598,187 0.70344009% Shasta 179,436 0.460798499% 0.460798500% 0.46079850% $50,832 50,832 0.46079850% $50,832 0.46079850% $493,515 493,515 0.46079850% $595,179 0.46079850% $1,041,138 $445,959 0.52442660% Sierra 3,193 0.008199746% 0.008199750% 0.00819975% $905 905 0.00819975% $905 0.00819975% $8,782 8,782 0.00819975% $10,591 0.00819975% $210,591 $200,000 0.23519063% Siskiyou 43,548 0.111832927% 0.111832930% 0.11183293% $12,337 12,337 0.11183293% $12,337 0.11183293% $119,773 119,773 0.11183293% $144,446 0.11183293% $1,244,446 $1,100,000 1.29354849% Solano 443,749 1.139564375% 1.139564370% 1.13956437% $125,709 125,709 1.13956437% $125,709 1.13956437% $1,220,473 1,220,473 1.13956437% $1,471,891 1.13956437% $2,503,621 $1,031,730 1.21326617% Sonoma 478,174 1.227969089% 1.227969090% 1.22796909% $135,461 135,461 1.22796909% $135,461 1.22796909% $1,315,155 1,315,155 1.22796909% $1,586,077 1.22796909% $2,861,094 $1,275,017 1.49935993% Stanislaus 545,939 1.401992197% 1.401992200% 1.40199220% $154,658 154,658 1.40199220% $154,658 1.40199220% $1,501,534 1,501,534 1.40199220% $1,810,850 1.40199220% $3,128,998 $1,318,148 1.55008030% Sutter 98,952 0.254112514% 0.254112510% 0.25411251% $28,032 28,032 0.25411251% $28,032 0.25411251% $272,154 272,154 0.25411251% $328,218 0.25411251% $636,244 $308,025 0.36222321% Tehama 64,271 0.165050382% 0.165050380% 0.16505038% $18,207 18,207 0.16505038% $18,207 0.16505038% $176,769 176,769 0.16505038% $213,183 0.16505038% $613,183 $400,000 0.47038127% Trinity 15,939 0.040931961% 0.040931960% 0.04093196% $4,515 4,515 0.04093196% $4,515 0.04093196% $43,838 43,838 0.04093196% $52,869 0.04093196% $152,869 $100,000 0.11759532% Tulare 475,064 1.219982491% 1.219982490% 1.21998249% $134,580 134,580 1.21998249% $134,580 1.21998249% $1,306,601 1,306,601 1.21998249% $1,575,761 1.21998249% $2,714,483 $1,138,722 1.33908373% Tuolumne 54,590 0.140189204% 0.140189200% 0.14018920% $15,465 15,465 0.14018920% $15,465 0.14018920% $150,143 150,143 0.14018920% $181,072 0.14018920% $381,072 $200,000 0.23519063% Ventura 825,653 2.120308429% 2.120308430% 2.12030843% $233,898 233,898 2.12030843% $233,898 2.12030843% $2,270,850 2,270,850 2.12030843% $2,738,645 2.12030843% $4,347,741 $1,609,095 1.89222069% Yolo 220,880 0.567228274% 0.567228270% 0.56722827% $62,573 62,573 0.56722827% $62,573 0.56722827% $607,501 607,501 0.56722827% $732,647 0.56722827% $1,232,647 $500,000 0.58797658% Yuba 82,677 0.212317693% 0.212317690% 0.21231769% $23,421 23,421 0.21231769% $23,421 0.21231769% $227,392 227,392 0.21231769% $274,235 0.21231769% $577,257 $303,022 0.35633946% Total 38,940,231 100.00000000% 100.00000001% 100.00000000% $11,031,300 11,031,300 100.00000000% $11,031,300 100.00000000% $107,100,000 107,100,000 100.00000000% $129,162,600 100.00000000% $214,200,000 $85,037,400 100.00000000% *Note that the COPS Front-line Law Enforcement breakdown by county and city for SCO distribution is provided in Attachment II. 107,100,000 129,162,600
Total

5.15%
JJCPA Net Total (Including Front-line Enforcemnet)
100.00%
214,200,000

50.00% 60.30%
COUNTY
1/1/2023
Population by
County
Percent of 1/1/2023
Population by County
Percent of 1/1/2023
Population by County
COPS (Excluding Front-line Enforcement)*

5.15%
11,031,300 11,031,300
351
352
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: 7
SUBJECT: A PROFESSIONAL SERVICES AGREEMENT WITH COLLABORATIVE SOLUTIONS,

LLC, FOR WORKDAY CONSULTING AND SERVICE SUPPORT

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute a Professional Services Agreement with Collaborative Solutions, LLC, of Teaneck, New Jersey, for ongoing full-suite Workday support and configuration services, in a contract amount not-to-exceed $298,804.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Information Technology Fund for consulting services. The proposed Professional Services Agreement term will be for three (3) years, with an optional renewal period for two (2) years, with a contract amount not-to-exceed 298,804, which includes $55,879 for year one, $60,879 for year two, $60,682 for year three, $60,682 for year four, and $60,682 for year five. The fixed billing rates specified in the current Agreement will determine the amount charged for service and reflect the actual service provided. If approved, appropriations will be added to the future years' budget consistent with the annual adoption process.

BACKGROUND & ANALYSIS: The consulting firm Collaborative Solutions, LLC has provided the City with on-demand support services for Workday Human Capital Management (HCM) for over five years, on-demand support services for Workday Finance Enterprise Resource Planning (ERP) for over a year, and was also the City's implementation partner for Workday Finance Enterprise Resource Planning (ERP) system.

On June 1, 2018, the City entered an Agreement with Collaborative Solutions, LLC. The original contract amount was $92,160 and included on-demand support services for Workday HCM. On March 10, 2020, the City Council approved Amendment No. 1 to this Agreement to increase the amount from $92,160 to $100,000 for additional on-demand support services for Workday HCM.

On May 1, 2020, the City Council approved Amendment No. 2 to this Agreement to increase the amount from $100,000 to $400,000 and extend the terms for three years to support our Workday 353
HCM. On July 7, 2020, based on the bid awarded to Workday and Collaborative Solutions, LLC for the implementation of a new ERP system, the City Council approved Amendment No. 3 to this Agreement to increase the amount from $400,000 to $2,650,298 to expand the scope of work to include consulting services related to the implementation of the new Workday Finance ERP system.

On August 17, 2021, the City Council approved Amendment No. 4 to this Agreement to increase the amount from $2,650,298 to $3,847,907 to expand the scope to include additional consulting services related to the implementation of the new Workday Finance (ERP) system. On October 18, 2022, the City approved Amendment No. 5 to this Agreement to increase the amount to $3,978,587 to include on-demand support for Workday ERP. On September 30, 2023, our existing Agreement expired.

With a new Agreement, Collaborative Solutions, LLC will provide the City of Ontario with ongoing full-suite Workday support and configuration services by leveraging their deep understanding of the City's Human Resources and Finance configuration and business rules, government experience, and Workday's technology, ensuring proper execution of short-term requirements and long-term growth and flexibility. Staff requests City Council approval for a new three-year Agreement with an optional renewal period of two years with an amount not-to-exceed $298,804. 354
46700.00100\40935195.1
(BB&K 2017) Exhibit “D”-1

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of __________________ by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Collaborative Solutions, LLC, a Virginia limited liability company with its principal place of business at 300 Frank W. Burr Boulevard, Suite 36 6th Floor, Teaneck, New Jersey 07666 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Workday Service Support services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Workday Service Support project ("Project") as set forth in this Agreement.

PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN

RUBEN VALENCIA

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER
355
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(BB&K 2017) Exhibit “D”-2

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in mutually-agreed upon Statements of Work document(s) (“SOW”) ,which shall be executed by the Parties. In addition, Consultant will provide to the City certain results or proceeds of the Services that are defined as deliverables in each Statement of Work (collectively, the “Deliverables”). All Services shall be subject to, and performed in accordance with, this Agreement, and all applicable local, state and federal laws, rules and regulations related to the performance of Consultant’s Services. Each Statement of Work shall specifically identify this Agreement and indicate that it is subject to the terms hereof. Unless otherwise set forth herein or expressly identified in the SOW as a modification to a specified provision of this Agreement, to the extent there are any conflicts or inconsistencies between this Agreement and any Statement of Work, the provisions of this Agreement shall govern and control. Any Affiliate of Cognizant may itself provide Services directly to Client and any Affiliates of Client under this Agreement by executing SOWs in its own name, exclusive of Consultant, and only for the purposes of any such SOW(s), shall be considered “Consultant” as that term is used in this Agreement.

3.1.2 Term. The term of this Agreement shall be from October 2, 2023 to September 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established and documented schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.1.3 Deliverables and Acceptance. Deliverables, if any, under this Agreement will be as set forth under any SOW. Each SOW will describe, if applicable, the Deliverables that Consultant is obligated to furnish to City hereunder, the acceptance criteria for each of the Deliverables (the “Acceptance Criteria”) and the completion criteria, if any, to signify completion of each phase of a project. City shall review, evaluate and/or test, as the case may be, each of the Deliverables within the applicable time period set forth in a SOW (with respect to each Deliverable, the “Acceptance Period”) to determine whether or not such Deliverable satisfies the applicable Acceptance Criteria in all material respects. If City does not furnish a written notice to Consultant specifying that a Deliverable has failed to satisfy its Acceptance Criteria in all material respects prior to the end of the Acceptance Period therefor and/or if City commences using the Deliverables commercially or in a production environment, then City will be deemed to have accepted such Deliverable. If any Deliverable fails to satisfy its Acceptance Criteria in any material respect, then City will notify Consultant in writing specifying the respects in which such Deliverable does not conform to the applicable Acceptance Criteria and what modifications are necessary to make it conform thereto. Thereafter, Consultant shall use its diligent commercially reasonable efforts to modify such Deliverable to so conform and the Deliverable will be resubmitted for acceptance by City . If, after repeated attempts, Consultant is unable to remedy any non-conforming portion of any Deliverable, City may terminate pursuant to Section 12.2 herein.
356
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(BB&K 2017) Exhibit “D”-3

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the mutually-agreed upon Statements of Work document(s) (“SOW”). For the initial Statement of Work, the total compensation shall not exceed fifty-five thousand, eight hundred and seventynine dollars ($55,879) for year one, sixty thousand, eight hundred seventy-nine dollars ($60,879) for year two and sixty thousand, six hundred eight two dollars ($60,682) for year three, sixty thousand, six hundred eight two dollars ($60,682) for year four, and sixty thousand, six hundred eight two dollars ($60,682) for year five for a total contract amount not to exceed one hundred seventy-five thousand, eight hundred forty ($298,804) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. City will pay interest, at a rate equal to the lesser of 1.5% per month (or part thereof) or the maximum legal rate permitted, on the amount shown on any invoice that is paid later than thirty (30) days after the date of the invoice, other than such amounts that are disputed in such good faith during the pendency of the relevant dispute. All amounts hereunder will be invoiced and paid in United States Dollars unless otherwise set forth in an applicable SOW. Consultant will have no obligation to perform any Services when any amount required to be paid by City remains due and unpaid beyond the date such amount is due and such amount is not in dispute. Any suspension of Services by Consultant as a result of City’s failure to make payment as required will extend the due dates of Deliverables and other Services to the extent impacted by such suspension or delay

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in the relevant SOW. .

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Taxes. All Charges are exclusive of taxes. City shall pay amounts equal to any federal, state or local sales, use, excise, privilege, value added, goods and services or other taxes, duties, imposts, levies or similar assessment relating to the Services and Deliverables 357
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(BB&K 2017) Exhibit “D”-4
provided by Consultant hereunder, exclusive of taxes based on Consultant ’s net income or net worth. City and Consultant agree to cooperate on any tax matters arising from the provision of the Services and Deliverables under this Agreement. Both Parties agree to provide reasonable assistance to the other to mitigate any taxes applicable to the Services and Deliverables provided to City or to payments made pursuant to this Agreement with respect to the Services and Deliverables.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the SOW. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Each Statement of Work will set forth the projected work effort and schedule applicable to the Services. All statements and agreements concerning time are based upon information available and circumstances existing at the time made, and each Statement of Work is subject to equitable adjustment upon any material change in such information or circumstances, the occurrence of an Force Majeure Event (as provided for in Section 3.3.9.2 hereof) or upon modification of the scope, timing or level of work to be performed by Consultant . Either Party will be entitled to propose changes. It is mutually acknowledged that any such change may affect the fees or charges (“Charges”) payable to Consultant and/or the project schedule. Neither Party shall have any obligation respecting any change until an appropriate change order or amendment to the applicable Statement of Work is executed and delivered by both Parties.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel.
[RESERVED]
358
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(BB&K 2017) Exhibit “D”-5

3.3.5 City's Representative. The City hereby designates Colin Fernandes, Executive Director, IT, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Shannon Hansen; Director CVS Portfolio or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times as further described in the applicable SOW.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Limited Warranty. Consultant warrants the following:
a. the applicable Services rendered hereunder will be performed by qualified personnel;
b. the Professional Services performed will substantially conform to any applicable requirements set forth in the Statement of Work for a period of thirty 359
46700.00100\40935195.1
(BB&K 2017) Exhibit “D”-6
(30) days (the “Warranty Period”) following performance of such Professional Services; and
c. during the Warranty Period, the Deliverable(s) will materially conform to the corresponding product specifications set forth in the applicable Statement of Work for such Deliverable.

3.3.10 Remedies. Consultant does not warrant that any Deliverable will operate uninterrupted or error-free, provided that Consultant shall remain obligated pursuant to this Section 9. In the event that any Deliverable or Service fails to conform to the foregoing warranty in any material respect, the sole and exclusive remedy of City will be for Consultant, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. The foregoing warranty is expressly conditioned upon (i) City providing Consultant with prompt written notice of any claim thereunder prior to the expiration of the applicable Warranty Period, which notice must identify with particularity the non-conformity; (ii) City ’s full cooperation with Consultant in all reasonable respects relating thereto, including, in the case of modified software, assisting Consultant to locate and reproduce the non-conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than Consultant.

3.3.11 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3, CONSULTANT

DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF

ANY KIND, WHETHER SUCH REPRESENTATION, WARRANTY, OR CONDITION BE

EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY,

OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION, WARRANTY OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE.

3.3.11 Responsibility of City. In the event that City asserts any claim for warranty services hereunder and such claim relates to any matter that is determined not to be Consultant’s responsibility hereunder (including any problem with City ’s third party vendors, City ’s computer hardware or software that was not caused by any Services performed by Consultant), City will be responsible to pay Consultant for all costs incurred for all evaluation, correction or other services performed by Consultant relating to such claim on a time and materials basis at Consultant’s then standard billing rates.

3.4 Period of Performance.

3.4.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, as may be extended by the Parties pursuant to an applicable SOW or change order document (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in the applicable SOW (“Performance Milestones”).

3.4.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action 360
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(BB&K 2017) Exhibit “D”-7
occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.4.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4.4 Laws and Regulations; Employee/Labor Certification.

3.4.4.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for its violations of such laws and regulations during the performance of the Services and this Agreement. All such violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.4.4.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.4.4.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted, as communicated to the Consultant in writing.

3.4.4.4 Air Quality. [RESERVED]

3.4.4.5 Water Quality Management and Compliance. [RESERVED] 361
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3.4.4.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations relevant to the performance of its Services, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.4.4.7 Working Environment. For any Services to be provided by Consultant at any of City’s sites, City shall provide Consultant ’s personnel with (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) reasonable access to and use of City’s facilities and relevant information, including software, hardware and documentation; (iii) reasonable assistance to such personnel in a timely manner by promptly correcting any hardware or software problems that would affect the performance of Services; and (iv) any other items set forth in each Statement of Work.

3.4.4.8 City’s Personnel Commitment. City will ensure that all City personnel who may be necessary or appropriate for the successful implementation of the Services will, on reasonable notice, (i) be reasonably available to assist Consultant ’s personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as outlined in the Statement of Work; (iii) participate in progress and other Service related meetings; (iv) contribute to software and system testing; and (v) be reasonably available to assist Consultant with any other activities or tasks required to complete the Services in accordance with the Statement of Work.

3.4.4.9 Export Control. City agrees to notify Consultant of any requirements for Deliverables or any other technology, technical data or information to which Consultant will have access as a result of the Services that, in any case, will subject the Deliverables or the other technology, technical data or information to control under applicable export regulations under any classification other than EAR99 (or its non-U.S. equivalent) and, in such event, City will (i) identify to Consultant the applicable regulations (e.g. the United States Export Administration Regulations (“EAR”) or the International Traffic in Arms Regulations (“ITAR”)) and classifications (e.g. ECCN) and (ii) follow such guidelines as Consultant may communicate to City that reasonably are required to avoid violations. Each Party acknowledges and agrees that to the extent that any tangible or intangible technical data provided under this Agreement is subject to US export laws and regulations, such Party will not use, distribute, transfer, or transmit technical data provided by the other Party under this Agreement except in compliance with US export laws and regulations. Notwithstanding the foregoing, City agrees that it will not provide Consultant with any technology, technical data or information that is subject to control under the ITAR. In the event that City wishes to provide Consultant with ITAR-controlled technology, technical data or information, City will notify Consultant in writing of such intent, and the Parties agree to cooperate to determine the appropriate agreements and controls, if any, required before City makes such disclosure.

3.4.4.10 FCPA. Neither Party shall take any action in connection with the performance of its obligations under this Agreement that violates the Foreign Corrupt Practices Act, as amended, and the rules and regulations thereunder in any manner that has a material adverse impact on the other Party. To the extent that any of the Services or Deliverables cannot be performed or provided without violation of any law, regulation, or other 362
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control, then Consultant shall not be obligated to provide the same and the applicable Statement of Work shall be amended accordingly.

3.4.4.11 Work Authorization/HR Compliance/Relationship Matters. In the event that it is necessary for Consultant to obtain visas or work permits for Consultant personnel, City will cooperate with Consultant by taking all reasonably necessary actions to facilitate Consultant’s efforts, including, but not limited to, providing, and hereby consents to Consultant providing to immigration authorities, documentation indicating the nature and location of the work to be performed, the necessity of the work to be performed, and other documentation as may be reasonably required and related to this Agreement (including the existence and terms of this Agreement and the identity of the Parties hereto), and posting such notices as may be legally required (including any legally required notice posting at City sites from which the parties contemplate services being provided by Consultant personnel who are foreign skilled workers). Notwithstanding anything herein to the contrary, City hereby authorizes Consultant to use City’s name and/or logo to internally (within Consultant ) or externally reference the City as a Consultant customer and to describe the services provided to the City.

3.4.5 Insurance.

3.4.5.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence that it has secured all insurance required under this section. Subcontractors and independent contractors used in the performance of this contract, if any, shall maintain coverages of the type and in the amounts satisfactory to the City.

Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.4.5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting or expanding the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property 363
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damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000 per occurrence and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(E) Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress (excluding patent infringement), invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.4.5.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 and 20 37 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of 364
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any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):(1)
Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.4.5.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.4.5.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City.

3.4.5.6 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver original certificates together with all endorsements required herein. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.4.5.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A-:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance 365
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through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.4.5.8 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.4.5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation or expansion on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.4.5.10 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit, expand or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement is canceled and not replaced, City has the right, following fifteen (15) days’ notice of its intent to do so, but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) In the event that a claim is presented to The City under which it seeks coverage as an additional insured the Consultant can provide copies of insurance policies in effect at the time of the Project.
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve or expand the limitation of liability set forth in this Agreement, nor shall it limit or expand the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. Notwithstanding the preceding sentence, if Consultant maintains insurance limits for any line of insurance in an amount greater than any limitation of liability in this Agreement (“excess limits”), the presence of any “excess limits” shall not be construed to expand any limitation of liability in this Agreement. (F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
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3.4.5.11 Insurance for Subconsultants. Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance incompliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.5 Labor Code Requirements.

3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 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 wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, as applicable to the Services. or alleged failure to comply with the Prevailing Wage Laws.

3.5.2 Registration/DIR Compliance. [RESERVED]

3.5.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR in accordance with this provision against Consultant or any subconsultant.

3.5.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6 Termination of Agreement.

3.6.1.1 Grounds for Termination and Suspension. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time without cause by giving written notice to Consultant of such termination, and specifying the effective 367
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date thereof, at least thirty (30) days before the effective date of such termination without early termination penalty or liability, except as otherwise agreed in a SOW. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City and for and reasonable, pre-approved expenses, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. Further, this Agreement may be terminated in whole or in part by either Party (the “non-breaching party”) upon written notice to the other Party if any of the following events occur by or with respect to such other Party (the “breaching party”): (i) the breaching party commits a material breach of any of its obligations hereunder and fails to cure such breach within fourteen (14) days after receipt of notice of such breach or fails to reach an agreement with the non-breaching party regarding the cure thereof; or (ii) any insolvency of the breaching party, any filing of a petition in bankruptcy by or against the breaching party, any appointment of a receiver for the breaching party, or any assignment for the benefit of the breaching party’s creditors. In addition to any right to terminate as provided in this Agreement, the Parties agree that in connection with any dispute for which City withholds the payment of charges pursuant to this Agreement, if the total amount being disputed (other than amounts in dispute resulting from clear billing errors of Consultant), plus any amount that is undisputed but past due and any interest that has accrued thereon, exceeds the amount of fees billed by Consultant in the then-prior three-month period (the “Disputed Amount”), Consultant may, without liability to City or its Affiliates, with at least 30 days’ prior written notice to City, suspend the further delivery of Services that are not paid for in advance until all payment disputes are resolved using the dispute resolution process set forth in this Agreement. If City pays the Disputed Amount, Consultant shall promptly recommence performance of the Services and all Consultant timing obligations and delivery commitments under this Agreement and/or each applicable SOW shall be extended by the number of days between the date of suspension and the date Consultant recommences performance of the relevant Services.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Consultant is under no obligation to provides its Proprietary Information to any successor supplier.

3.7 Indemnification and Limitation on Liability.

3.7.1 To the fullest extent permitted by law, Consultant agrees indemnify, defend and hold harmless City and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property, not including software, data, and documentation, to the extent caused directly and proximately by the negligence or willful misconduct of the Consultant, its employees or agents or arising out of the Consultant’s performance of its obligations under this Agreement. The City must (i) promptly 368
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notify Consultant of any matters in respect of which the indemnity may apply and of which the indemnified party has knowledge; and (ii) cooperate with Consultant, at the Consultant’s cost and expense in the defense or settlement thereof. The City may participate, at its own expense, in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non-controlling basis.

3.7.2 . Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.7.3 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7.4 Exclusion of Damages. In no event shall either Party be liable to the other Party or any other person or entity for any lost profits, special, exemplary, indirect, incidental, consequential or punitive damages or liabilities, or for any costs (including transition costs) associated with procuring substitute or replacement services, of any kind or nature whatsoever (collectively, “Indirect Damages”), whether in an action based on contract, warranty, strict liability, tort or otherwise, even if such Party has been informed in advance of the possibility of such Indirect Damages or such Indirect Damages could have been reasonably foreseen by such Party.

3.7.5 Total Liability. In no event shall either Party’s liability to the other Party or any other person or entity arising out of or in connection with this Agreement or the Services exceed, in the aggregate, the total fees paid by City to Consultant for the particular Service or Deliverable with respect to which such liability relates (or in the case of any liability not related to a particular portion of the Services, the total fees paid by City to Consultant under the applicable Statement of Work) in the twelve (12) month period preceding the last act or omission giving rise to any such liability, whether such liability is based on an action in contract, warranty, strict liability or tort (including, without limitation, negligence) or otherwise. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. Notwithstanding the foregoing, this section shall not apply to losses resulting from a breach of confidentiality, refusal to provide services, death, bodily injury, damage to tangible property, violation of applicable law, gross negligence or willful misconduct.

3.8 General Provisions.

3.8.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Any audits shall be subject to the following 369
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limitations: (i) City audits shall not occur more than annually (unless required by applicable laws); (ii) City shall give Consultant at least thirty (30) days’ prior notice of its intention to audit; (iii) City ’s third party auditors (if applicable) shall be mutually agreed by the parties and, in any case, shall not be competitors of Consultant; (iv) City ’s third party auditors shall execute appropriate non-disclosure agreements; (v) City audits shall be conducted during normal business hours; (vi) in no event shall City ’s audit rights hereunder entitle City or its auditors to access any information related to Consultant costs, or Consultant workforce managementrelated tools or activities (or any data generated in connection therewith) and (vii) City or its third party auditors shall comply with any and all reasonable security and confidentiality guidelines and other policies of Consultant with respect to the audit and shall take reasonable measures to prevent unnecessary disruption to Consultant’s operations. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.8.2 Independent Contractors and Subcontracting.

3.8.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees unless otherwise approved in writing by the City, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.8.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.8.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Collaborative Solutions, LLC
300 Frank W Burr Boulevard, Suite 36 6th Floor
Teaneck, New Jersey 07666
ATTN: Legal Department
City: City of Ontario
370
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303 East “B” Street
Ontario, CA 91764
ATTN: Colin Fernandes, Executive Director, IT
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.8.4 Ownership of Materials and Confidentiality.

3.8.4.1 Documents & Data; Licensing of Intellectual Property. Unless otherwise agreed in an SOW, Consultant agrees that the software or other works of authorship developed by Consultant or its Affiliates specifically for City as a Deliverable or a part of a Deliverable, as set forth in a Statement of Work ("Documents & Data") shall be the property of, and ownership shall vest in, City. Documents & Data does not include Consultant Proprietary Information, Consultant Proprietary Intellectual Property (as defined below), any Third Party Items, or any derivative of the foregoing, that may be incorporated into a Deliverable. Consultant agrees to take, at City’s cost and expense, all actions requested by City which are reasonably necessary to assure the conveyance to City of the foregoing rights to the Documents & Data.

All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished.

The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. . In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of seven (7) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.8.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.8.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at 371
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City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.8.4.4 Residual Rights. Notwithstanding anything to the contrary herein, Consultant, Consultant Affiliates, and their respective employees and agents shall be free to use and employ any Residual Information. “Residual Information” means the general knowledge, ideas, know-how, experience, and techniques that would be retained in the unaided memory of an ordinary person skilled in the art, not intent on appropriating the proprietary information of the disclosing party. Nothing in this paragraph, however, shall be deemed to grant a license under City ’s registered intellectual property rights.

3.8.4.5 Consultant Proprietary Intellectual Property. City acknowledges that Consultant personnel may utilize proprietary software, methodologies, tools, specifications, drawings, sketches, models, samples, records, documentation, works of authorship, creative works, ideas, know-how, research results, data or other materials which have been or are originated, developed, licensed, purchased, or acquired by Consultant or its Affiliates or subcontractors (collectively, “Consultant Proprietary Intellectual Property”); which constitutes Consultant Proprietary Information. City agrees that Consultant Proprietary Intellectual Property and Residual Information, any derivatives of Consultant Proprietary Intellectual Property or Residual Information, is the sole property of Consultant (or its licensors) and that Consultant (or its licensors) will retain sole and exclusive title to and ownership thereof.

If any Consultant Proprietary Intellectual Property owned by Consultant is embedded in a Deliverable, Consultant grants to City a worldwide, royalty free, non-exclusive, transferable, perpetual license to use, execute and perform such Consultant Proprietary Intellectual Property as a functional element of the applicable Deliverable, subject to any additional terms or limitations set forth in the applicable Statement of Work, and provided that no portion of the Consultant Proprietary Intellectual Property is separated or unbundled from the applicable Deliverables or used as a stand-alone product or development tool. Except as expressly provided in the foregoing sentence, nothing contained in this Agreement or otherwise shall be construed to grant to City any right, title, license or other interest in, to or under any Consultant Proprietary Intellectual Property (whether by estoppel, implication or otherwise). Any license to Consultant Proprietary Intellectual Property that is not embedded in Deliverables or that is commercially available will be pursuant to a separate license agreement between City and Consultant (or its licensor).

3.8.4.6 City Provided IP and Third Party Items. City grants Consultant and its Subcontractors a non-exclusive, paid-up license to use, execute, reproduce, distribute, and prepare derivative works of City software and third party software licensed to City as reasonably required to perform Services. Consultant shall obtain City ’s prior written consent before embedding in Deliverables or installing in City ’s environment any proprietary third party tools or applications. If any third party tools, applications, utilities and cloud infrastructure are 372
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distributed, resold, or provided to City in connection with this Agreement (collectively, “Third Party Items”), such Third Party Items shall be provided AS-IS and may be made available to City under a separate agreement between City and the licensor of the Third Party Item or made available to City by Consultant under a separate agreement or pass-through terms set forth in an SOW, which shall apply to the relevant Third Party Item(s) in lieu of any of the terms of this Agreement. Notwithstanding anything to the contrary herein, City ’s use of each opensource component incorporated by Consultant into a Deliverable will be governed by, and is subject to the terms and conditions of the applicable open-source license.

3.8.4.7 Installation of Tools. Consultant may use certain Consultant owned or licensed Tools (the “Tools”), including those set forth in the applicable SOW in connection with its performance of the Services. The Tools are Consultant Proprietary Intellectual Property and are not part of any Deliverable. As between Consultant and City , Consultant is the sole owner of the Tools, together with all modifications, enhancements and changes to the Tools and the information generated by any of the foregoing. City consents to Consultant’s installation of the Tools onto City ’s systems. Only Consultant may install, configure, control, or grant access to the Tools. City agrees that Consultant may uninstall and remove the Tools at any time, and that the consent set forth in this paragraph is not a software license or subscription agreement. Consultant will use the Tools as installed on City ’s systems solely to perform the Services for City .

3.8.4.8 Indemnification. Consultant and City (in such case, the “indemnifying party”) each agree to indemnify and hold harmless the other (in such case, the “indemnified party”) from and against any costs and damages awarded against the indemnified party by a court pursuant to a final judgment as a result of, and defend the indemnified party against, claims of infringement of a U.S. patent or registered copyright or misappropriation of any trade secret related to a Deliverable (in the case of indemnification by Consultant) or any claim relating to Consultant’s possession, use or modification of any software, documentation, data or other property provided by City (in the case of indemnification by City ).

3.8.4.9 Intellectual Property Rights Exclusions. Consultant shall have no obligation under Section 8.1 or other liability for any infringement or misappropriation claim resulting or alleged to result from: (i) modifications made other than by Consultant, (ii) use of the Deliverables other than for City ’s internal purposes or in combination with any equipment, software or material not approved or provided by Consultant, (iii) City ’s use or incorporation of materials not provided by Consultant, (iv) the instructions, designs or specifications provided or approved by City ; (v) any software or other materials furnished by any third party; or (vi) City ’s continuing the allegedly infringing activity after being notified thereof or after being informed and provided with modifications that would have avoided the alleged infringement.

3.8.4.10 Infringement Remedies. In the event of an infringement or misappropriation claim as described in Section 8.1 above arises, or if Consultant reasonably believes that a claim is likely to be made, Consultant, at its option and in lieu of indemnification, may: (i) modify the applicable Deliverables so that they become non-infringing but functionally equivalent; or (ii) replace the applicable Deliverables with material that is non-infringing but functionally equivalent; or (iii) obtain for City the right to use such Deliverables upon commercially reasonable terms; or (iv) remove the infringing or violative Deliverables and refund to City the fees received for such Deliverables that are the subject of such a claim based on a five (5) year straight line depreciation. This Section sets forth the exclusive remedy and entire 373
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liability and obligation of each Party with respect to intellectual property infringement or misappropriation claims, including patent or copyright infringement claims and trade secret misappropriation.

3.8.4.11 The City must (i) promptly notify Consultant of any matters in respect of which the indemnity may apply and of which the indemnified party has knowledge; and (ii) cooperate with Consultant, at the Consultant’s cost and expense in the defense or settlement thereof. The City may participate, at its own expense, in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non-controlling basis.

3.8.4.12 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Consultant shall abide by the obligations in Exhibit A (Data Protection Agreement).

3.8.4.13 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.8.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.8.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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3.8.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.8.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. To the fullest extent permitted by Law, each Party irrevocably waives all rights to a trial by jury. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.8.9 Timely Performance: Consultant will use diligent efforts to meet the time periods as may be specified in the SOW.

3.8.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.8.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8.12 Assignment or Transfer. . Neither Party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other Party, except either Party may, upon prior written notice to the other Party (but without any obligation to obtain the consent of such other Party), assign this Agreement or any of its rights hereunder to any Affiliate of such Party, or to any entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets or business of such Party, if such entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. Any attempt to so assign or so transfer without such consent (except as permitted above) shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.8.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are 375
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for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.8.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.8.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.8.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.8.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.8.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.8.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.8.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

3.9 Federal Provisions. NA

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

COLLABORATIVE SOLUTIONS, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO COLLABORATIVE SOLUTIONS, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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EXHIBIT A

DATA PROTECTION AGREEMENT
This Data Protection Agreement (this “DPA”), is entered into by and Collaborative Solutions, LLC (collectively with its Affiliates, “Consultant”) and City of Ontario (“Client”) (each a “Party” and collectively, “Parties”), pursuant to the terms and conditions of the Master Services Agreement (the “Agreement”) effective ______ between the Parties.

General Data Protection Terms

1. Introduction.

1.1. Order of Precedence. This DPA is part of the Agreement, and the terms of this DPA are in addition to, and not in lieu of, the terms in the Agreement. Other than with respect to the limitations of liability set forth in the Agreement, which shall govern and control in all cases, the terms of this DPA shall prevail over any conflicting terms in the Agreement’s other sections.

2. Definitions.

2.1. In this DPA:
a. “Access” or “Accessing” means to access, view, alter, use, process, transfer, store, host, disclose, erase, destroy, or dispose of Protected Data, and includes any operation or set of operations performed upon Protected Data, whether or not by automated means.
b. “Applicable Laws” means the privacy, data security, and data protection laws, directives, regulations, orders, and rules in the jurisdiction(s) applicable to the Consultant and/or the Services provided under the Agreement. c. “Applicable Standards” means government standards, industry standards, and commercially reasonable practices related to privacy, data security or data protection that are applicable to Consultant and the Services provided under the Agreement, or such other standards as otherwise agreed to by the Parties and specifically set forth in an applicable Statement of Work or other written agreement. d. “Authorized Person(s)” means the individual(s) to whom Client or Consultant has granted Access to Protected Data.
e. “Employee Personal Data” means the Personal Information of the personnel of Consultant, Consultant’s Affiliates, or Consultant subcontractors or other representatives.
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f. “European Data Protection Legislation” means: Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”), including any applicable delegated acts adopted by the European Commission and any applicable national legislation made under or otherwise adopted by member states of the EEA (defined below), Switzerland, or the UK pursuant to specific rights or powers contained within the General Data Protection Regulation and all other applicable legislation in the EEA, Switzerland, and the UK relating to the protection of Personal Information.
g. “include” or “including” means including but not limited to. h. “Personal Data” means: any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. i. “Personal Information” means: (i) information relating to an identified or identifiable individual in any form or medium; (ii) information related to an identified or identifiable individual that is protected under Applicable Law (including Personal Data); or (iii) information that is not specifically about an identified or identifiable individual but, when combined with other information, may identify an individual. In the event that the definition of Personal Information in this DPA is inconsistent with a definition of Personal Data, Personal Information, or similar concept under an Applicable Law, then the definition of such concept under the Applicable Law shall prevail solely to the extent of the inconsistency.
j. “Protected Data” means the Personal Information to which Client has granted Consultant access for the performance of Consultant’s obligations under the Agreement.
k. “Security Incident” means the unauthorized or unlawful destruction, loss, alteration, or disclosure of Protected Data caused by Consultant’s breach of this DPA. Security Incidents will not include unsuccessful attempts to Access Protected Information or to interfere with system operations in an information system, such as “scans” or “pings” on a firewall.
l. “Security Standards” has the meaning set forth in Section 5 of this DPA.

2.2. All capitalized terms that are not expressly defined in this DPA will have the meaning given to them in the Agreement. All examples are illustrative and not the sole or exclusive examples of a particular concept.

3. General Obligations.

3.1. Compliance. Consultant agrees that, during the period in which Consultant has been given Access to Protected Data, it will comply with its obligations under Applicable 380
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Laws. Consultant will provide commercially reasonable information, assistance, and cooperation regarding the processing of Personal Information as Client may reasonably require to enable Client to comply with Applicable Laws, including (when required by Applicable Laws) assisting Client (at Client’s expense) with its security, notification, communication, recordkeeping, and reporting obligations under Applicable Laws.

3.2. Purpose Limitation. Consultant agrees that it will Access Protected Data: (i) in accordance with the lawful, written instructions of Client (provided such instructions are reasonable and provided that Client shall be responsible for any material costs incurred by Consultant in order to comply with such documented instructions); (ii) for the proper management and administration of Consultant or to carry out Consultant’s legal responsibilities under Applicable Laws; and (iii) to fulfill its obligations under the Agreement and the relevant Statement(s) of Work.

3.3. International Transfers of Personal Information. When applicable, and where required by Applicable Laws, the Parties agree to execute appropriate data transfer agreements to ensure the lawfulness of cross-border transfers of Personal Information.

3.4. Duty of Confidentiality. Consultant agrees that Authorized Persons to whom Consultant has granted Access to Protected Information will be subject to a duty of confidentiality (whether such duty is contractual, statutory, or otherwise).

3.5. Individual Rights. Consultant will reasonably assist the Client to fulfill or resolve an individual’s request for access to his or her Personal Information, including with respect to a request from a data subject to exercise any of his or her rights under Applicable Laws (including the rights of access, correction, blocking, objection, erasure and data portability, as applicable). If Consultant receives such a request directly from the individual(s), Consultant will promptly inform Client of the request.

3.6. Prohibited Personal Information. Client will not provide Consultant with Access to Personal Information that contains any special categories of Personal Data or information related to criminal convictions and offenses that are not expressly disclosed in the relevant SOW(s).

4. Obligations for Special Categories of Personal Information.

4.1. European Data Protection Requirements. If Consultant or a Consultant Affiliate: (i) is established within the European Economic Area (“EEA”), Switzerland, or the UK and processes Personal Data of EEA or UK data subjects on behalf of Client or a Client Affiliate as part of the Services; (ii) processes Personal Data on behalf of a Client Affiliate established in the EEA, Switzerland, or the UK as part of the Services; or (iii) processes the Personal Data of data subjects located in the EEA, Switzerland, or the UK on behalf of the Client or a Client Affiliate as part of the Services, then the Parties will enter into additional EU-specific data privacy terms with respect to the Services that involve processing of such Personal Data.

4.2. HIPAA. If and to the extent Consultant has Access to Protected Health Information as defined at 45 C.F.R. §160.103 (“PHI”) subject to the Health Insurance Portability and 381
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Accountability Act of 1996 (“HIPAA”), then the Parties shall enter into a mutually agreeable Business Associate Agreement subject to the provisions of the Agreement.

5. Security Standards.

5.1. Minimum Security Standards. Consultant agrees to implement and maintain commercially reasonable and appropriate administrative, technical, organizational, and physical controls designed to provide a level of security appropriate to the risk and to protect the confidentiality, integrity, and availability of Protected Data (“Security Standards”), including: (i) controls designed to secure facilities, infrastructure, data centers, servers, hard copy files, systems, equipment, applications, and devices used to Access Protected Data, including controls to monitor, prevent, detect, and respond to Security Incidents; (ii) policies and practices limiting Access to Protected Data only to Authorized Persons; and (iii) procedures to regularly assess and evaluate the effectiveness of the Security Standards.

5.2. Training. Consultant will provide privacy and security training for all Authorized Persons who Access Protected Data.

5.3. Client Responsibility for Employee Personal Data. To the extent that Client has Access to Employee Personal Data, Client shall implement and maintain, in compliance with Applicable laws, a data privacy and security program to protect Employee Personal Data to a standard materially the same as those required of Consultant hereunder. Client shall collect only the minimum necessary amount of Employee Personal Data to comply with Client’s obligations under Applicable Laws.

6. Return and Disposal of Protected Data. Upon the earlier of Client’s written request or termination or expiration of the Agreement, Consultant will securely destroy or, at Client’s expense, return the Protected Data in accordance with Client’s reasonable written instructions. Consultant agrees to return or destroy Protected Data within ninety (90) days of receipt of Client’s written request or expiration or termination of the Agreement, as applicable; provided, however, that Consultant may retain copies of Protected Information that Consultant is legally required to retain, subject to a continued obligation to hold the same in confidence in accordance with this Agreement.

7. Security Incident Response.

7.1. Security Incident Response Program. Consultant will maintain an incident response program in compliance with Applicable Laws to respond to Security Incidents.

7.2. Notice, Investigation, and Remediation. In the event of a Security Incident, Consultant will notify Client without undue delay (and in no event more than seventy-two (72) hours after confirmation of the Security Incident). This notification will include, to the extent know at the time notice is sent: (i) a description of the Security Incident; (ii) the categories and types of Protected Data affected; and (iii) if applicable, the categories and number of data subjects and individual records affected. Additionally, Consultant will promptly investigate and remedy the Security Incident, take commercially reasonable 382
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steps to mitigate the effects of the Security Incident and to prevent further Security Incidents, and take other actions required of it by Applicable Laws.

7.3. No Unauthorized Statements. Except as required by Applicable Laws, neither Party will make public statements concerning a Security Incident that references or identifies either Party, unless both Parties have provided express written consent for any such statement prior to its release.

8. Change in Law. If an Applicable Law becomes effective after the execution of this DPA and is inconsistent with the terms of this DPA or otherwise requires the Parties to amend this DPA or change the Services, the Parties agree to enter into good faith negotiations to make required changes to the Security Standards, the Services, and/or to amend this DPA or the Agreement.

9. Survival. Consultant’s obligations under this DPA will survive termination or expiration of the Agreement and/or completion of the Services solely to the extent Consultant is required to Access Protected Data.
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Department: Fire Department
Prepared By: Joseph Ramos
Staff Member Presenting:

Ray Gayk, Fire Chief
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: A RESOLUTION ADOPTING THE CITY OF ONTARIO'S 2023 HAZARD MITIGATION PLAN

CITY OF ONTARIO
Agenda Report
November 21, 2023
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving the City of Ontario's 2023 Hazard Mitigation Plan in accordance with California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) requirements.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: There is no direct fiscal impact associated with this option. The City's Hazard Mitigation Plan must be adopted by the City Council in order for the City to be eligible to receive Federal (FEMA) grant funding.

BACKGROUND & ANALYSIS: City Staff from multiple departments along with community partners, working through the Ontario Emergency Management Working Committee and coordinated by the Office of Emergency Management, reviewed the previous 2018 adopted Plan, gathered updated statistical and reference data, and confirmed that state and federal requirements were met in order to complete this updated version of the Plan. The Plan represents the City's commitment to reduce risks from natural, technological and human-caused emergencies and disasters, and serves as a guide for decision-makers as they commit resources to reducing the effects of these emergencies and disasters.

The draft Hazard Mitigation Plan 2023 was submitted to the CalOES and FEMA for evaluation and was found to be in compliance. The Plan is now ready for approval by City Council. The Plan will be approved by FEMA once the City has fully adopted the Plan.

Upon approval by FEMA the plan will be valid for five years and make the City eligible to apply for federal mitigation grant funding, when available. The City will be need to consider the next update to the plan in 2028.
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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE HAZARD MITIGATION PLAN 2023 IN

ACCORDANCE WITH CALIFORNIA OFFICE OF EMERGENCY

SERVICES (CALOES) AND FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA)REQUIREMENTS.

WHEREAS, the Disaster Mitigation Act of 2000 requires local governments to develop and submit hazard mitigation plans; and
WHEREAS, theCityofOntario HazardMitigation Plan2023 (HMP) isconsidered the representation of the jurisdiction’s commitment to reduce risks from natural, technological and human-caused emergencies and disasters, and serves as a guidefor decision-makers as they commit resources to reducing the effects of natural, technological and man-made emergencies and disasters; and
WHEREAS, the mitigation planning encourages agencies and departments at all levels, employees, officials, residents, businesses, non-profits, public and private organizations and other stakeholders, individually, and collectively, to do their share in furthering hazard mitigation and participation in the mitigation planning and implementation process; and
WHEREAS, the Ontario Emergency Management Working Committee, serving as the HMP Planning Team, with representatives from City agencies and departments, such as Community Life & Culture, Community Development, Economic Development, Financial Services, Fire, Human Resources, Information Technology, Management Services, Municipal Utilities Company, Plan, Police, and Public Works, together withmany outside planning partners and input from the public, developed the HMP; and WHEREAS, the HMP includes an evaluation of the hazards and risks for earthquakes, flooding, high winds, wildfires, water shortage and other hazards; and WHEREAS, the HMP also includes mitigation measures to lessen the severity of the hazards noted above and an approval by the elected officials signifies that the mitigation measures are accepted and will be incorporated into future grant funding requests and future budget year programming as funding becomes available; and WHEREAS, this Local Hazard Mitigation Plan, (LHMP), Attachment “A”, has been prepared in compliance with California Government Code Sections 8685.9 and 65302.6, which integrates this plan with the Ontario General Plan Safety Element; and WHEREAS, the City of Ontario promotes and supports the goal of a prepared, disaster-resilient community; and
WHERAS, the City has received a letter from FEMA identifying the LHMP as eligible for approval pending final adoption; and
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WHEREAS, the City Council adoption of a current LHMP will make the City of Ontario eligible to receive earmarked mitigation grant funding, as well as eligible to apply for additional federal mitigation grants; and
WHEREAS, the City Council has carefully considered the matter at their regularly scheduled meeting on November 21, 2023.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ontario does find and determine as follows:

SECTION 1. The City Council approves the City of Ontario Hazard Mitigation Plan 2023.

SECTION 2. The City Council hereby authorizes that a copy of the City Council approved City of Ontario Hazard Mitigation Plan 2023 be forwarded to the San Bernardino County Operational Area (OA), California Office of Emergency Services (CalOES) and Federal Emergency Management Agency (FEMA).

SECTION 3. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 21st day of November 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
386

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. 2023- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held November 21, 2023 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. 2023- duly passed and adopted by the Ontario City Council at their regular meeting held November 21, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
387
ATTACHMENT “A”
2023 Local Hazard Mitigation Plan
388
2023
Atlas Planning Solutions
Draft - Pending City Council Adoption
10/2/2023
City of Ontario
Local Hazard Mitigation Plan
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City of Ontario 2023 Local Hazard Mitigation Plan
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i

TABLE OF CONTENTS
Chapter 1 – Introduction.............................................................................................. 1 Plan Purpose and Authority ......................................................................................... 1 Plan Organization and Use.................................................................................................. 3 Previous Ontario LHMP......................................................................................................... 4 Plan Goals............................................................................................................................. 4 Planning Process .................................................................................................................. 5 Chapter 2 – Community Profile ................................................................................. 15 Demographics.................................................................................................................... 17 Economy and Commute Patterns..................................................................................... 20 Development Trends .......................................................................................................... 21 Major Community Elements .............................................................................................. 23 Infrastructure Assessment.................................................................................................. 27 Chapter 3 – Risk Assessment ...................................................................................... 33 Hazard Identification.......................................................................................................... 33 Hazard Scoring and Prioritization...................................................................................... 39 Hazard Profiles .................................................................................................................... 42 Chapter 4 – Threat and Vulnerability........................................................................ 87 Threat Assessment Process................................................................................................ 87 Critical Facilities and Facilities of Concern...................................................................... 87 Vulnerable Populations...................................................................................................... 91 Other Assets........................................................................................................................ 92 Threat Profiles...................................................................................................................... 92 Chapter 5 – Hazard Mitigation Strategy................................................................. 117 Strategy Development Process........................................................................................117 Use of Hazard and Threat Assessment.............................................................................117 Capabilities Assessment...................................................................................................117 Hazard Mitigation Strategies and Actions.......................................................................131 National Flood Insurance Program..................................................................................134 391
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Chapter 6 – Plan Maintenance............................................................................... 149 Coordinating Body............................................................................................................149 Plan Implementation.........................................................................................................150 Plan Maintenance Process...............................................................................................150 Point of Contact.................................................................................................................153 392
City of Ontario 2023 Local Hazard Mitigation Plan
1 Chapter 1 – Introduction
Plan Purpose and Authority
Hazard events can lead to injuries or death, affect a
community's overall health and safety, damage or destroy public and private property, harm ecosystems, and disrupt key services. Although the hazard event itself often gets the most attention, it is only one part of a larger
emergency management cycle.

Emergency planners and
responders can take steps
during the response, recovery,
mitigation, and preparedness
phases of the cycle to
minimize the harm caused by
a disaster. This Local Hazard
Mitigation Plan (LHMP) focuses
on optimizing the mitigation
phase of the cycle. Mitigation
involves making a community
more resilient to disasters so that when hazard events do ultimately occur, the community suffers less damage and can recover more effectively. It differs from preparedness, which involves advanced planning for how best to
respond when a disaster occurs or is imminent. For
example, a policy to make homes structurally stronger so they suffer less damage during an earthquake is a
mitigation action, while fully equipping shelters to
accommodate people who lose their homes in an
earthquake is a preparedness action. Some activities may qualify as both.

Like other communities, the City of Ontario (City) could potentially suffer severe harm from hazard events. Although large disasters may cause widespread devastation, even smaller disasters can have substantial effects. The City cannot make itself completely immune to hazard events, but this LHMP can help make the community a safer place to live, work, and visit. This LHMP provides a comprehensive assessment of the threats that the City faces from natural and human-caused hazard events and a coordinated strategy to reduce these threats. It identifies resources and information that can help community members, City staff, and local officials understand local threats and make informed decisions. The LHMP can also support increased coordination and collaboration HAZARD EVENT:
an emergency due to
a natural or humancaused event that has
the potential to cause
harm.

HAZARD MITIGATION:
any sustained action
taken to reduce or
eliminate long-term risk
to people and property
from natural or humancaused hazards and
their effects.

RESILIENCE:
the capacity of any
entity (an individual, a
community, an
organization, or a
natural system) to
prepare for disruptions,
to recover from shocks
and stresses, and to
adapt and grow from a
disruptive experience.
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2 between the City, other public agencies, local employers, service providers, community members, and other key stakeholders.

Federal Authority
The City is not required to prepare an LHMP, but
state and federal regulations encourage it. The
federal Robert T. Stafford Disaster Relief and
Emergency Act, amended by the Disaster
Management Act of 2000, creates a federal
framework for local hazard mitigation planning. It
states that jurisdictions that wish to be eligible for
federal hazard mitigation grant funding must
prepare a hazard mitigation plan that meets a
certain set of guidelines and submit this plan to the
Federal Emergency Management Agency (FEMA)
for review and approval. The following regulations
and guidelines apply to this plan:

FEDERAL LAWS
• Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), as amended.

FEDERAL REGULATIONS
• 44 CFR Part 201 Mitigation Planning.
• 44 CFR, Part 60, Subpart A, including § 60.3 Flood
plain management criteria for flood-prone areas.
• 44 CFR Part 77 Flood Mitigation Grants.
• 44 CFR Part 206 Subpart N. Hazard Mitigation Grant Program.

FEDERAL GUIDANCE
• FEMA Local Mitigation Planning Policy Guide (FP 206-21-0002), effective April 19, 2023 State Authority
CALIFORNIA GOVERNMENT CODE SECTIONS 8685.9 AND 65302.6
California Government Code Section 8685.9 (also known as Assembly Bill 2140) limits the State of California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts unless the jurisdiction has adopted a valid hazard mitigation plan consistent with the Disaster Management Act of 2000 and has incorporated the hazard mitigation plan into the jurisdiction's general plan.

In these cases, the State may cover more than 75 percent of the remaining disaster relief costs.

All cities and counties in California must prepare a general plan, including a safety element that addresses various hazard conditions and other public safety issues. The safety element may be a stand-alone chapter or incorporated into another section, as the community wishes. California Government Code Section 65302.6 indicates that a community may adopt an LHMP into its safety element if the LHMP meets applicable FEMA Local Mitigation Planning Policy
Guide provides the official policy and
interpretation of the applicable statutes
and mitigation planning regulations in 44
Code of Federal Regulations
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City of Ontario 2023 Local Hazard Mitigation Plan
3 state requirements. This allows communities to use the LHMP to satisfy state requirements for safety elements. As the General Plan is an overarching long-term plan for community growth and development, incorporating the LHMP into it creates a stronger mechanism for implementing the LHMP.

CALIFORNIA GOVERNMENT CODE SECTION 65302 (G)(4)
California Government Code Section 65302 (g)(4), also known as Senate Bill (SB) 379, requires that the safety element of a community's general plan address the hazards created or exacerbated by climate change. The safety element must identify how climate change is expected to affect hazard conditions in the community and include measures to adapt and be more resilient to these anticipated changes.

Because the LHMP can be incorporated into the safety element, including these items in the LHMP can satisfy the state requirement. SB 379 requires that climate change be addressed in the safety element when the LHMP is updated after January 1, 2017, for communities that already have an LHMP, or by January 1, 2022, for communities without an LHMP.

This LHMP is consistent with current standards and regulations, as outlined by the California Office of Emergency Services (Cal OES) and FEMA. It uses the best available science, and its mitigation actions/strategies reflect best practices and community values. It meets the requirements of current state and federal guidelines and makes the City eligible for all appropriate benefits under state and federal law and practices. Note that while FEMA is responsible for reviewing and certifying this LHMP, and Cal OES is responsible for conducting a preliminary review, it does not grant FEMA or Cal OES any increased role in the governance of the City or authorize either agency to take any specific action in the community.

Plan Organization and Use
The Ontario LHMP is both a reference document and an action plan. It has information and resources to educate readers and decision-makers about hazard events and related issues and a comprehensive strategy that the City and community members can follow to improve its resilience. It is divided into the following chapters:
• Chapter 1: Introduction. This chapter describes the background of the Plan, its goals and objectives, and the process used in its development. • Chapter 2: Community Profile. This chapter discusses the history of Ontario, its physical setting and land uses, its demographics, and other important community characteristics.
• Chapter 3: Hazard Assessment. This chapter identifies and describes the hazards that pose a threat to Ontario and discusses past and future events and the effects of climate change.
• Chapter 4: Vulnerability Assessment. This chapter describes the threat of each hazard on Ontario's key facilities and community members, including socially vulnerable individuals.
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4 • Chapter 5: Mitigation Strategy. This chapter lists the mitigation actions to reduce Ontario's vulnerability to hazard events and provides an overview of the community's existing capabilities to improve hazard resilience. • Chapter 6: Plan Maintenance. This chapter summarizes the process for implementing, monitoring, and updating the LHMP and opportunities for continued public involvement.

Previous Ontario LHMP
The 2018 Ontario LHMP was adopted by the Ontario City Council on December 4, 2018.

This plan is currently active and is set to expire on December 28, 2023. An active plan allows the City to maintain its eligibility for FEMA hazard mitigation grant funding sources, which occur annually through FEMA Hazard Mitigation Grant Programs budgeted by Congress or periodically as a part of a federally declared disaster. As part of the TOP 2050 (Ontario’s General Plan) adoption that occurred on August 16, 2022, the 2018 LHMP was integrated into the Safety Element.

Key updated elements from the previous Ontario LHMP include the following:
• Updated Plan Goals below, which were modified to better suit the changing priorities of the City, especially after the recent adoption of their General Plan. • Updated hazard profiles and vulnerability assessment that integrates the recently adopted General Plan, Housing Element, and Climate Adaptation Vulnerability Assessment.
• Incorporation of updated demographics and development trends into the Community Profile.
• Updated hazard profiles with additional historic events information. • Updated Capabilities Assessment to meet new FEMA requirements and guidance. • Updated Mitigation Actions and Strategies (Table 5-3), which includes progress on previous actions (Table 5-4).

Plan Goals
This Plan was developed to broadly increase resilience in Ontario. The following key goals were developed for the City's LHMP:
• Increase readiness for all hazards.
• Continue to reduce fire hazards.
• Minimize exposure to structural and content damage from geologic and seismic conditions.
• Provide adequate protection to minimize damage from flooding and dam inundation.
• Use anti-terrorism strategies to discourage terrorism and protect the people, infrastructure, and assets from these effects.
• Reduce the impacts of climate change on the city and limit human activities that change the atmosphere's makeup.
• Reduce the risk of injury, property damage, and economic loss resulting from windrelated hazards. 396
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5 These goals are very similar to the 2018 goals; however, some modifications were made to streamline the language, ensure greater consistency with the City's General Plan Safety Element, and align with the community's priorities identified during the TOP 20501 process.

Planning Process
State and federal guidance for LHMPs do not require that jurisdictions follow a standardized planning process. FEMA encourages communities to create their own planning process that reflects local values, goals, and characteristics. FEMA does suggest a general planning process that follows these general milestones:

For the City of Ontario, the planning process used to create this plan is described below.

Hazard Mitigation Planning Committee
The City established a Hazard Mitigation Planning Committee (hereafter referred to as the HMPC). The HMPC comprises representatives from key City departments and stakeholder members, including representatives from local and regional agencies and companies that are key to hazard mitigation activities. Table 1-1 identifies the members that were invited and/or attended HMPC meetings.
1 The Ontario Plan 5050 (TOP 5050) is the comprehensive update to the City’s General Plan.

Identify the
planning area and
the resources it
contains
Build the planning
team
Create an
outreach team
Identify the risks
and threats to the
community
Review the
community's
capabilities
Develop a hazard
mitigation strategy
Review and adopt
the plan
Implement the
plan to create a
safe and resilient
community
Keep the plan
current
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6 Table 1-1: Ontario HMPC Members
Name Title Department
Sagar Patel
(Project Manager, POC)
Emergency Manager Office of Emergency
Management
Nick Gonzalez Recreation & Community
Services Director
Community Life & Culture
(Recreation)
Kelly Zackman Library Services Manager Community Life & Culture (Library)
Michelle Sifuentes Museum Curator Community Life & Culture (Museum)
Matt Montieth Supervising Building Inspector Community Development (Building)
Angela Magana Community Improvement
Director
Community Development
(Community Improvement)
Khoi Do City Engineer Community Development
(Engineering)
Peter Pallesen Senior Project Coordinator Community Development (Housing)
Kim Ruddins Sustainability Program
Manager
Community Development
(Planning)
Charity Hernandez Principal Project Manager Economic Development Angelica Mora Purchasing Manager Financial Services
Paul Ehrman Senior Deputy Chief, Fire
Marshal
Fire Department
Reed Sigler Departmental Administrator Human Resources/Risk Management
Colin Fernandes Executive Director Information Technology Claudia Isbell Assistant City Clerk Management Services (Records Management)
Jimmy Chang Broadband General Manager Management Services (Broadband)
Albert Gastelum Utilities Assistant General
Manager
Ontario Municipal Utilities
Company (OMUC)
Eric Quinones Detective Police Department
Joshua Blessingham Fleet Services Coordinator Public Works (Municipal Services) David Coote Park & Maintenance Supervisor Public Works
Scott Ochoa City Manager Management Services
Darlene Sanchez Assistant City Manager Management Services Dan Bell Communications &
Community Relations Director
Management Services
The HMPC held three meetings throughout the plan development process to lay out the methods and approach for the Plan, draft and review content, make revisions, and engage members of the public.
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7 HMPC Meeting #1 (September 7, 2022): The HMPC members confirmed the project goals and the responsibilities. They revised the community engagement and outreach strategy, confirmed and prioritized the hazards to be included in the Plan, and identified critical facilities for the threat assessment.

HMPC Meeting #2 (October 5, 2022): Members held a detailed discussion about the results of the hazards assessment and mapping that showed the areas facing an elevated risk. The HMPC also reviewed the hazard prioritization results.

HMPC Meeting #3 (October 27, 2022): The HMPC reviewed the results of the risk assessment to identify the populations and assets that may face greater harm in a hazard event. The HMPC also discussed potential hazard mitigation actions to address vulnerabilities.

Invitations to HMPC meetings, as well as agendas/materials, were provided via email.

Appendix A contains copies of HMPC meeting materials including meeting agendas, sign-in sheets, and other relevant materials distributed to attendees for these meetings.

Public Engagement
Under FEMA guidelines, local hazard mitigation planning processes should create opportunities for members of the public to be involved in plan development—at a minimum, during the initial drafting stage and during plan approval. The HMPC chose to go beyond minimum standards and conduct more extensive community outreach to help ensure that the LHMP reflects community values, concerns, and priorities. The HMPC developed a community engagement and outreach strategy to guide all public engagement activities. To ensure all residents were aware of the project, Ontario staff promoted and included a description of the project and ways to get involved on the City's website; this is discussed in more detail in the online engagement section.

STAKEHOLDER ENGAGEMENT
The City conducted a virtual stakeholder meeting with representatives from surrounding cities (City of Chino Hills and City of Rancho Cucamonga), the Ontario Convention Center, and the Ontario International Airport. Information regarding this opportunity to include key members from surrounding communities is located in Appendix B. Although not all attended, the following is a list of stakeholders invited to the meeting. • Ontario International Airport
• San Bernardino County Office of
Emergency Services
• Ontario Convention Center
• City of Montclair
• Chino Police Department
• Southern California Edison
• City of Chino Hills
• City of Rancho Cucamonga
• Chaffey Joint Union High School
District
• Mountain View School District
• Allied Universal (Security
Company)
• Ontario-Montclair School District
• Cucamonga School District
• Kaiser Permanente Hospital
• Chino Valley Unified School
District
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8 VULNERABLE POPULATIONS OUTREACH
In addition to the stakeholders, the City also conducted outreach to the following organizations that represent/ support vulnerable populations. The following were invited to participate in the LHMP planning and review process:
• Mercy House - a non-profit
organization serving the
homeless population
• Anjuman-e-Qutbi - Mosque
• Cub Scout Pack #621 -
Children
• Esperanza Active Adult
Community - Older Adults/
Senior Population
• Palm Terrace Senior Living -
Apartment Complex for senior
population, mostly Spanishspeaking
• Ontario Health Care Center
• Preschool Services
Department
• Salem Christian Homes
• All CERT Graduates - consists of
a variety of vulnerable
populations, including seniors,
low-income populations,
Spanish-speaking populations,
persons with access and
functional needs
• All Continuity & Organizational
Resilience in Emergencies
(CORE) graduates - consists of
a variety of vulnerable
populations, including seniors,
faith-based organizations, and
small business owners.
• All LISTOS graduates - limited
English proficiency
• American Red Cross
• Hispanic Chamber of
Commerce
• City of Ontario Community,
Life, and Culture Agency,
which oversees numerous
programs targeted towards
and representing vulnerable
populations, including seniors,
low-income, homeless, and
limited English proficiency

PUBLIC ENGAGEMENT OPPORTUNITIES
In-person engagement opportunities were a central component of the City's engagement efforts. These meetings provided an opportunity for members of the public to learn about the hazards of concern identified by the HMPC during this update. City staff presented the LHMP information and survey at the CERT Monthly Volunteer Meeting.

Additionally, City staff advertised the survey at two other public events. Notices of each meeting were widely distributed in advance in accordance with City notification requirements, the engagement strategy, legal requirements, and best practices.

Public Engagement Opportunity #1 October 2022: This engagement opportunity was conducted at a Health and Safety Fair, reaching approximately 120 people. Of the 120, 5 people had access and functional needs. Other demographics intentionally targeted for engagement included families with children living in the home, people with chronic conditions, people with mental/social/emotional health conditions, and low-income individuals or families. City staff distributed preparedness materials at the event, including the City of Ontario Emergency Preparedness Guide. They also garnered interest and public participation in our Local Hazard Mitigation Planning process. Attendees scanned QR codes leading to a survey created to gain public buy-in for hazard identification and 400
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9 mitigation efforts. The data collected from the responses to the survey were used to update the LHMP.

Public Engagement Opportunity #2 December 2022: This engagement opportunity was conducted at the Reindeer 5k Run, reaching approximately 200 people. Of the 200 people, 20 were seniors or older adults, and 70 were from households with limited English proficiency. Other demographics intentionally targeted for engagement included families with children living in the home, people with chronic conditions, people with mental/social/emotional health conditions, and low-income individuals or families.

Appendix B includes a copy of the materials used to promote these engagement opportunities.

ONLINE ENGAGEMENT
The City recognized that not all community members are able to attend public meetings and conducted public engagement through social media and online platforms. To assist with engagement, the City set up a project website as a simple, one-stop location for community members to learn about the LHMP. The website included information about what an LHMP is and why the City prepared one. It had links to materials and Plan documents as they became available and allowed members of the public to receive notifications about upcoming events.

The City also promoted the planning process through the following online methods:
• Ontario's City Website
• Social Media (Facebook, NextDoor, Twitter)
City of Ontario LHMP Webpage
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10 • Community E-newsletter (LHMP information was sent to 10,865 subscribers in the November 2022 and January 2023 newsletters)
• Distribution of information to their extensive CERT Member List Based on analytics tracked by the City, the combined Facebook, Twitter, and Instagram impression rate was 18,756.

ONLINE SURVEY
A central part of the engagement strategy was an online survey. This survey asked community members about their experience and familiarity with emergency conditions, their level of preparedness for future emergencies, and preferred actions for the City to take to increase resiliency. The survey was distributed to over 12,000 individuals from the City's notification lists and had responses from 133 individuals. A summary of these responses is provided here:
• Nearly 40% of respondents live in Ontario, with an additional 18% that live and work in Ontario.
• Approximately 64% of respondents have not been impacted by a disaster in their current residence. Understanding this drove the City to expand outreach to residents as part of their emergency management preparedness. • The top three hazards of concern for respondents were Extreme Weather (High winds, Extreme Heat Days, Severe Rainstorms), Earthquake/Geologic Hazards, and Human-caused Hazards (Transportation Incidents, Communications Failure, Terrorism). These responses confirmed that the concerns identified by City staff during the planning process were similar to residents that responded. • Approximately 90% of respondents showed concern regarding climate change affecting future hazards. This response reinforced the value of the General Plan Climate Adaptation Vulnerability Assessment and how it was integrated into this update.

As part of the outreach strategy, a QR code was created that could be used on promotional materials and handouts at fairs and booths used by City staff at community events. This QR Code provided quick access to the City's Online Survey.

Appendix B contains copies of all materials used for public outreach, including the full results of the community survey.

Public Review Draft
On May 15, 2023, the City released a draft copy of the LHMP for public review and comment. The document was posted electronically on the City's website and included a Google form to accept comments from reviewers. Notifications about the public review draft were provided through social media accounts and other online sources as well as during a public review meeting that included over 250 invitees from the City's prior CERT classes. Four people completed the survey indicating they had reviewed the 402
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11 document. As part of the survey, 3 of 4 respondents indicated the plan was easy to access, read, and understand. Respondents also indicated that they found out about the public review plan via the City's website, social media posts, and through the public review meeting that included prior CERT members. Public comments on the Draft Plan did not require any revisions. The following is a summary of the comments received:
• Please drop the climate change baloney.
• Please make it available in multiple languages
• Accessibility should be at the forefront of your planning to be as inclusive as you can
As a result of these comments, City staff plans on taking steps to assist residents with accessibility issues and translation into different languages after adoption.

Plan Revision and Adoption
The public review period for the City's LHMP ended on June 9, 2023. Since none of the comments required edits or modification to the plan content, the City submitted the plan to Cal OES and FEMA, initiating the agency review process on June 14, 2023.

Upon completion of the formal agency review process, City staff submitted the LHMP for final adoption. The Ontario City Council adopted the final LHMP on [DAY MONTH, YYYY].

Appendix C contains a copy of the adoption resolution.

Plan Resources
The City used several different plans, studies, technical reports, datasets, and other resources to prepare the hazard assessment, mapping, threat assessment, and other components of this Plan. Table 1-2 provides some of the primary resources the HMPC used to prepare this Plan.

Table 1-2: Key Resources for Plan Development
Section Key Resources Reviewed Data Incorporated from
Resource
Multiple • Cal-Adapt
• California Department
of Conservation
• California Geological
Survey
• California Office of
Emergency Services
• California State Hazard
Mitigation Plan
• 2018 City of Ontario
Hazard Mitigation Plan.
• 2050 Ontario Plan
(General Plan)
• Science and background
information on different
hazard conditions
• Records of past disaster
events in and around
Ontario
• Current and anticipated
climate conditions in and
around Ontario
• Projections of future
seismic conditions and
events
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City of Ontario 2023 Local Hazard Mitigation Plan
12 • FEMA Local Hazard
Mitigation Plan
Guidance
• National Oceanic and
Atmospheric
Administration
• National Weather
Service
• US Geological Survey
• 2022 City of Ontario
Vulnerability
Assessment
Community Profile • 2020 US Census Bureau
Decennial Census
• US Census Bureau 2016-
2020 American
Community Survey
• 2050 Ontario Plan
(General Plan)
• 2050 Ontario Plan
Background Reports
• California Energy
Commission
• Demographic information
for Ontario and San
Bernardino County
• History of the region
• Economic trends in
Ontario
• Commute patterns in
Ontario
• Local land-use patterns
• Background information
on utilities serving Ontario
Hazard Assessment
(Dam Failure)
• California Department
of Water Resources
• San Bernardino County
Flood Control District
• US Army Corps of
Engineers
• Mapping of dam failure
inundation areas
• Profiles and conditions of
dams in and around
Ontario
Hazard Assessment
(Flood Hazards)
• FEMA Map Service
Center
• San Bernardino County
Flood Control District
• California Levee
Database
• Records of past flood
events in and around
Ontario
• Locations of flood-prone
areas in Ontario
Hazard Assessment
(Human-Caused
Hazards)
• Global Terrorism
Database
• Historical records of
terrorism
Hazard Assessment
(Hazardous
Materials Release)
• Department of Toxic
Substances and
Control
• Environmental
Protection Agency
• Location and dates of
past hazardous materials
release
• Effects of hazardous
materials release
Hazard Assessment
(Seismic Hazards)
• California Geological
Survey
• Science and background
information on seismic
hazards
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13 • United State
Geological Survey
• Historical record of
seismic hazard events in
and around Ontario
Hazard Assessment
(Severe Weather
Hazards)
• NOAA
• National Weather
Service
• Records of past weather
events
Note: Sections not individually identified in this table relied primarily on sources identified in multiple sections. 405
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14 PAGE INTENTIONALLY LEFT BLANK
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City of Ontario 2023 Local Hazard Mitigation Plan
15 Chapter 2 – Community Profile
The Community Profile section of the LHMP is
a summary of Ontario, including information
about the community's physical setting,
history, economy and demographics,
current and future land uses, and key
infrastructure. The Community Profile helps to
establish the baseline conditions in Ontario,
which inform the development of the hazard
mitigation actions in Chapter 5.

Setting and Location
The City of Ontario is located in the Inland
Empire in Western San Bernardino County,
approximately 35 miles east of Los Angeles
and 20 miles west of San Bernardino on a flat
alluvial plain at the base of the San Gabriel
Mountains. The City is bordered by the
neighboring cities of Upland, Montclair,
Chino, Rancho Cucamonga, and Fontana.
2 The 2022 Census population estimate is 178,194. Due to available datasets, the demographics used for the demographics and risk assessment sections of this plan rely on 2020 Decennial Census data.

Ontario Quick Facts
Elevation:
925 ft above sea level
Area:

49.8 square miles
Incorporated:
1891
Government Type:

City Council/City Manager
Population (2022 Census estimate) 2:
178,194
Nearest cities:

Upland, CA – 4.7 miles
Chino, CA – 4.9 miles
Montclair, CA – 4.9 miles
Rancho Cucamonga, CA – 5.9 miles
Claremont, CA – 7.4 miles
Chino Hills, CA – 8.5 miles
Pomona, CA – 8.8 miles
Fontana, CA – 14.2 miles
Nearest city with population 200,000+*:

Riverside, CA (17.5 miles, pop. 317,847)
Nearest city with population 1,000,000+*:

Los Angeles, CA (51.5 miles, pop. 3.820 million)
* California Department of Finance
Figure 2-1: City of Ontario Location
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City of Ontario 2023 Local Hazard Mitigation Plan
16 History
In the first week of August 1881, George Chaffey, a Canadian engineer, viewed the wastes known as the Cucamonga Desert and decided that this patch of land, if properly watered, could become productive and profitable. George and his brother William bought the "San Antonio lands," 6,218 acres with water rights, for $60,000. This was the nucleus of their new model colony. They subsequently expanded to the Southern Pacific Railroad tracks on the south. On the north, they took in the Kincaid Ranch at San Antonio Canyon, an all-important source of water.

The Ontario Colony lands were quickly surveyed and went on sale in November 1882. The centerpiece was Euclid Avenue, eight miles long and two hundred feet wide, the twin "driveways" separated by a parkway that was seeded in grass and lined with pepper trees. George named Euclid Avenue after the great Greek mathematician whose book Elements of Geometry had been a favorite subject for George in school. The primary requirement, which had to be met before the land could be utilized, was that water had to be found and brought to the town. Chaffey laid miles of cement pipe for this purpose, and later the San Antonio Water Co. drove a tunnel into the head of the canyon to tap the underground flow—then an innovation in the field. The need for electric power to lift water from deep wells led to the establishment of the Ontario Power Co.

Another innovation in the settlement of Ontario was the provision whereby purchasers of land automatically received shares in the water company. This would ensure purchasers that a share of water proportional to their acreage would be piped to their land. This eliminated many problems that faced settlers elsewhere, where land and water rights were kept separate.

Charles Frankish became the guiding force during Ontario's early years. No matter what activity he undertook, Frankish always threw himself into his work and was determined to do the best possible job.

In 1887, Ontario's unique "gravity mule car" made its first run on Euclid Avenue. Charles Frankish and Godfrey Stamm established the Ontario and San Antonio Heights R.R. Co.

Engineer John Tays of Upland added the pull-out trailer that allowed the mules to coast downhill after each laborious pull from Holt to Twenty–Fourth Street. The mule car served until 1895 when it was replaced by an electric streetcar and returned temporarily when a flood damaged the electrical generator in the powerhouse.

On December 10, 1891, Ontario was incorporated as a city of the sixth class under the California Constitution. It adopted a City Council-City Manager form of government. The mayor was at first called the "President of the chosen by the Council, or the Board of Trustees as it was then called, from among their number. Subsequently, the law was changed to allow the people to elect the mayor directly.

Ontario first developed as an agricultural community, largely but not exclusively devoted to citrus. A few of the lovely Victorian "grove houses" still survive, relics of the days when 408
City of Ontario 2023 Local Hazard Mitigation Plan
17 growers could pretend that they were living the graceful lives of the old Spanish dons— until it came time for harvest.

Chaffey College, located where the Chaffey brothers established it until 1960, originally emphasized agricultural subjects to give the growers a hand. It was there that Prof.

George Weldon developed the Babcock peach, an adaptation to California's mild winters. The college has moved to Rancho Cucamonga now, but Chaffey High School is still on what was originally a joint campus.

A reminder of the heyday of the San Bernardino groves, the Sunkist plant remains to this day. Even though the groves have gone from the West End, Ontario is still close to the "ton-mile center" of the industry. In addition to oranges, the production of peaches, walnuts, lemons, and grapes were also important to the growth of Ontario and the adjoining City of Upland.

In 1923, Judge Archie Mitchell, Waldo Waterman, and other airplane enthusiasts established Latimer Field. From that time on, the town became increasingly aviation conscious. Urban growth pushed the fliers progressively east until they took up their present location, the Ontario International Airport. During World War II, this was a busy training center for pilots of the hot Lockheed P-38 "Lightning" twin-boom fighter.

Since World War II, Ontario has become a much more diversified community with an approximate population of 175,518 (2020 Decennial Census). The city has expanded from the 0.38 square mile area incorporated back in 1891 to almost 50 square miles. The economy now reflects an industrial and manufacturing base. Ten thousand acres are zoned for industrial use. With three major railroads, the San Bernardino, Pomona, and Devore Freeways (I-10, SR 60, and I-15), and the Ontario International Airport, Ontario is well provided with major transportation resources. Its proximity to Los Angeles ensures that Ontario will continue to grow in the years ahead. 3
Demographics
The data used in this section comes from the most comprehensive American Community Survey (ACS 5-Year Estimates 2016-2020), administered by the United States Census Bureau (US Census) completed in 2020, the 2020 Decennial Census, and 2022 Census estimates. Based on these datasets, Ontario's 2020 population was estimated to be 175,518, with a median age of 32.3, which is 1.3 years younger than the rest of San Bernardino County (33.6 years old). Comparatively, the number of senior residents aged 65 and older is less than the rest of San Bernardino County, while Ontario residents have a slightly higher median income that the rest of the County. In addition, a higher proportion of Ontario residents rent compared to San Bernardino County. Table 2-1 shows the basic demographics for Ontario and San Bernardino County. It should be noted that more recent population estimates place the city's population at 178,194 residents, which is an increase of about 7.9% from the last census in 2010, showing us the city has 3 City of Ontario Website, https://www.ontarioca.gov/FactsAndHistory 409
City of Ontario 2023 Local Hazard Mitigation Plan
18 experienced population growth over the last decade. According to the 2022 San Bernardino County Continuum of Care Homeless Count and Survey, the city has a homeless population of 193 people (105 unsheltered and 88 sheltered). The 2022 count shows an 89% increase in homeless population from 2020. It can be assessed that the number of homeless people in the city are likely to be higher than reported, as it is extremely difficult to count people living in cars, abandoned buildings, and other deserted places. Additionally, some of the homeless population may not wish to be found.

Table 2-1: Basic Demographics, Ontario, and San Bernardino County Demographics Ontario San Bernardino
County
Total Population 175,518 2,181,654
Percent of children who are less than 10 years old 14.2% 14.3% Percent of residents who are senior citizens (65+) 9.5% 12.1% Median Age 32.3 33.6
Total households 50,599 640,090
Median household income $67,357 $65,761
Percent of rental households 45.4% 39.9%
Note: Percentage values are rounded to the nearest tenth decimal.

Source: 2020 US Decennial Census, US Census ACS Survey 2016-2020 In terms of its racial and ethnic composition, Ontario is a racially diverse city, with 38% percent of all Ontario residents identifying as some other race alone. The second-largest population is white, with 24.2% percent of all residents identifying as such. This population makeup mirrors greater San Bernardino County due to a high proportion of white and some other race alone populations. Table 2-2 shows the racial and ethnic composition for all groups in Ontario and San Bernardino County.

Ontario residents have attained slightly lower higher education levels in comparison to San Bernardino County. Comparatively, a smaller proportion of the population has attained bachelor's and professional degrees, 18% of the city's residents versus roughly

21.3% of the County's residents. Other categories also differ, such as a larger percentage of people not having education past 9th grade and a slightly larger percentage of people not having graduated high school. Table 2-3 shows all levels of educational attainment of residents 25 years of age or older in both Ontario and San Bernardino County.
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19 Table 2-2: Racial and Ethnic Composition, Ontario and San Bernardino County Race or Ethnicity Ontario San Bernardino County
Population Percentage Population Percentage
White 42,332 24.2% 782,691 35.9%
Black 11,045 6.3% 184,558 8.6%
American Indian and Alaskan
Native
4,184 2.4% 41,663 1.9%
Asian 16,243 9.3% 182,287 8.4%
Native Hawaiian and Other
Pacific Islander
549 0.3% 7,461 0.3%
Some Other Race Alone 66,663 38.0% 621,140 28.5%
Two or more races 34,249 19.5% 361,854 16.6%
Lantinx (of any race) * 124,808 71.2% 1,224,685 56.1%
Total 175,265 100% 2,181,654 100%
* The US Census Bureau does not currently count persons who identify as Latinx as a separate racial or ethnic category. Persons who identify as Hispanic or Latinx are already included in the other racial or ethnic categories Note: Percentage values are rounded to the nearest tenth decimal.

Source: 2020 US Decennial Census, US Census ACS Survey 2016-2020 Table 2-3: Educational Attainment of Residents 25+ Years of Age Educational Attainment Ontario San Bernardino County
Number Percentage Number Percentage
Less than 9th grade 13,770 12.2% 116,664 8.5%
9th grade to 12th grade (no
diploma)
13,590 12.1% 147,371 10.8%
High school graduate or
equivalent
30,176 26.8% 361,289 26.4%
Some college (no degree) 25,075 22.3% 332,044 24.3%
Associate degree 9,624 8.6% 118,673 8.7%
Bachelor's degree 14,844 13.2% 190,544 13.9%
Graduate or professional
degree
5,397 4.8% 101,693 7.4%
Total 112,476 100% 1,368,278 100%
Note: Percentage values are rounded to the nearest tenth decimal.

Source: 2020 US Decennial Census, US Census ACS Survey 2016-2020 Ontario has a wide range of non-English languages spoken at home among its residents, with varying levels of proficiency. Generally, Spanish is the second most-spoken language at home other than English in Ontario, with approximately 37.4% who are not fluent in English and speak it less than "very well." This is approximately 3.7% higher than the countywide population of Spanish language speakers. Asian and Pacific Islander languages are the third most-spoken languages in Ontario, with almost half, 48.4% of these speakers unable to speak English fluently. This is like the rest of San Bernardino 411
City of Ontario 2023 Local Hazard Mitigation Plan
20 County, where approximately 46.8% of Asian and Pacific Islander language speakers are unable to speak English fluently. Table 2-4 shows the most spoken languages in Ontario and the levels of fluency among speakers aged five and older in Ontario and San Bernardino County.

Table 2-4: English Proficiency and Languages Spoken at Home (2020) Languages Ontario San Bernardino County
Number of
Speakers
Speak English Less
Than "Very Well"
Number of
Speakers
Speak English Less
Than "Very Well"
English only 73,709 - 1,171,425 -
Spanish 82,176 30,713
(37.4%)
689,338 232,270
(33.7%)
Indo-European* 1,660 335
(20.2%)
27,134 7,379
(27.2%)
Asian and Pacific Islander* 7,428 3,595
(48.4%)
104,417 48,824
(46.8%)
All other languages 921 314
(34.1%)
17,498 6,487
(37.1%)
Total 165,894 34,957** 2,009,812 294,960**
*Census data does not break down the specific languages for languages spoken in these regions **Due to these figures only being a percentage of the overall number of speakers, they will not add up to 100%.

Note: Percentage values are rounded to the nearest tenth decimal.

Source: 2020 US Decennial Census, US Census ACS Survey 2016-2020 Economy and Commute Patterns
Ontario has a diverse economy of employers
from various sectors, including distribution,
retail/wholesale trade, manufacturing,
administrative support, construction, hotels and
entertainment, health services, and education.

With a total employment base of 119,230
employees. The top employer in the city is
United Parcel Service. The second-largest
employer is Workforce Personnel, Inc., with
more than 5,000 employees. The next top three
employers are Ontario Montclair Elementary
School, Chaffey Union High School, and FedEx.

Table 2-5 shows the top five employers in Ontario in 2021.

As of 2019, 75,283 Ontario residents are employed, with approximately 11,107 (14.8%) working within the city. This local workforce accounts for 8.8% of the entire workforce, approximately 126,883 employees (2019), with the remaining workforce coming from surrounding cities throughout the region. Table 2-6 shows the top five cities that UPS air and ground sorting facility at Ontario
International Airport. Image from
Connectcre.com
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21 contribute to Ontario's workforce, which accounts for over 28% of those employed within the city.

Table 2-5: Top Employers in Ontario
Employer Number of Employees
United Parcel Service 5,000 - 9,999
Workforce Personnel, Inc. 5,000 – 9,999
Ontario Montclair Elementary School 1,000 – 4,999
Chaffey Union High School 1,000 – 4,999
FedEx 500 - 999
*Per EDD, employment numbers are confidential; therefore, only the data for the range of numbers of employees are available.

Source: City of Ontario Annual Comprehensive Financial Report Fiscal Year Ended June 30, 2021 Table 2-6: Top Five Cities-of-Origin for Ontario's Workforce (2019) Cities-of-Origin for Ontario's Workforce Number of Employees Percentage Ontario 11,107 8.8%
Fontana 7,546 5.9%
Rancho Cucamonga 7,052 5.6%
Riverside 5,043 4.0%
Los Angeles 5,011 3.9%
Total 35,759 28.2%
Source: https://onthemap.ces.census.gov/
While the majority of Ontario's residents commute outside the city for work, most of those residents (41.1%) travel less than 10 miles to reach their place of employment.

Approximately 9.4% of commuters traveled 50 miles or more, with most of those trips heading into the Los Angeles area. The city boasts convenient freeway, rail, and international air access to Los Angeles, Orange, San Diego, and Riverside Counties. Table 2-7 shows the outflow of workers from Ontario to other regional worksites.

Table 2-7: Work Commute Distances for Ontario's Residents (2019) Work Destinations for Ontario's Residents Number Percentage Less than 10 miles 30,921 41.1%
10 to 24 miles 20,091 26.7%
25 to 50 miles 17,171 22.8%
Greater than 50 miles 7,100 9.4%
Total 75,283 100%
Source: https://onthemap.ces.census.gov/
Development Trends
Ontario is located within a dense part of San Bernardino County that has experienced significant growth and development over the past 30 years. The population of the City has grown by approximately 15,600 residents since 2010. With land still available and 413
City of Ontario 2023 Local Hazard Mitigation Plan
22 numerous active developments ongoing within the City, population growth is expected to continue throughout the City.

The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of the periodic update of General Plan housing elements. Through the RHNA process a community decides how to address existing and future housing needs resulting from population, employment, and household growth. 4
The City recently completed a comprehensive update to the city's General Plan called The Ontario Plan 2050 (TOP 2050). This collection of documents will help guide the development and conservation of the City over the next 30 years. According to TOP 2050, the city is anticipating major growth in both the number of residential units and corresponding population. Table 2-8 depicts this anticipated growth and development that will meet the City's RHNA allocation requirements.

Table 2-8: Comparison of Approved TOP and TOP 2050
Scenario Units Population Nonresidential Square
Feet
Employment
Existing 2021 Conditions 52,466 179,597 156,065,382 131,999 Approved TOP 104,163 357,957 260,399,271 313,067
Adopted TOP 2050 129,562 410,492 261,491,779 296,002
Net Difference
(Proposed TOP 2050 –
Approved TOP)
25,399 52,535 1,092,508 -17,065
Source: The Ontario Plan 2050 Draft Supplemental Environmental Impact Report, City of Ontario Based on this the TOP 2050 update projects an increase in residential dwelling units, growth in both population, and non residential development, however this anticipated development is expected to result in a reduction in employment.

These proposed changes would see strictly commercial and office use areas converted to mixed-use or residential areas, as well as intensification of residential density in certain key sites to higher density uses. The proposed changes in TOP 2050 will also have long term effects which reflect anticipated market trends including an increase in residential development, reduced office growth, and a small increase in commercial development.

Changes to housing and population characteristics include a reduction trend in household sizes, and a residential occupancy rate which includes a 4-5% vacancy of all housing units (turnover, sales, etc.). Changes to the employment generation rates assumed in TOP 2050 were designed to reflect the national employment trends, such as the reduction in office space required for employees as work from home options increase, changes in industrial jobs as robotic automation increases in both the large 4 What is RHNA? https://scag.ca.gov/rhna
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23 warehousing and logistic centers decreasing the number of jobs per square foot, and an increase in the demand for commercial and hospitality jobs. 5 Figure 2-2 displays the areas of proposed land use changes that will accommodate the adopted land use changes within TOP 2050. A majority of the new development anticipated in the City will occur in Ontario Ranch area as well as four key growth areas (Downtown Growth Area, the West Holt Growth Area, the East Holt Growth Area, and the Ontario Airport Metro Center [OAMC]).

Vulnerability and Risk Reduction
All new development occurring in the areas of change identified in Figure 2-2 will provide hazard vulnerability and risk reduction for the city. This reduction will occur due to the anticipated improvements and investments implemented in the older parts of the City as a result of TOP 2050. In addition, the new developments that will be built will comply with the most up-to-date building codes and use the latest techniques, further reducing vulnerabilities throughout the City.

Major Community Elements
Institutional Uses
Education is a major component of the city's identity. The city boasts multiple universities, vocational and trade schools, and community colleges, such as the University of La Verne College of Law, University of Phoenix, American Career College, UEI College, DeVry University, and San Joaquin Valley College to name some of these institutions. With thousands of students enrolled and attending classes, the daytime population of Ontario can increase significantly. The vast majority of these schools are located along the I-10 freeway corridor, which bisects the city.

Ontario International Airport
Ontario International Airport is a public airport approximately two miles from downtown Ontario in San Bernardino County, CA. It has been owned and operated under a jointpowers agreement between the city of Ontario and the County of San Bernardino since 2016, when control was transferred from Los Angeles World Airports. The airport covers approximately 1,741 acres and has 2 parallel runways. The airport boasts 2 terminals with 27 gates and a separate adjacent international arrival-only facility with 2 more gates for a total of 29 gates. It is the West Coast air and truck hub for UPS Airlines and a major distribution point for FedEx Express. The airport serviced over 4.4 million passengers in 2021 and shipped or received over 890,000 tons of freight. 6 Ontario Convention Center
A 225,000 square foot venue of flexible column-free exhibit, meeting, and function space, the Ontario Convention Center accommodates conventions, trade shows, exhibits, and 5 The Ontario Plan 2050 Draft Supplemental Environmental Impact Report, City of Ontario 6 https://www.flyontario.com/
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24 meetings. Located approximately two miles from Ontario International Airport with access to a variety of hotel and dining options within walking distance.

Toyota Arena
Toyota Arena, built and owned by the City of Ontario, and operated by ASM Global, can accommodate over 11,000 guests. Located on a 37-acre parcel in the northeastern portion of the City. The 225,000-square-foot venue features 36 luxury suites on two levels and a continuous concourse hosting a variety of concession and refreshment stands, merchandise kiosks, the VIP Club, and other fan amenities. Toyota Arena hosts over 125 events annually, including concerts, family shows, and sporting competitions. The Arena is home to several sports teams, including Ontario Reign (American Hockey League), Ontario Fury (Major Arena Soccer League), Aqua Caliente Clippers of Ontario (G League Basketball), and LA Temptation (Legends Football League). Since opening in 2008, Toyota Arena is the biggest and most modern arena within the Inland Empire, an area with over 4.3 million people. 7
Ontario Mills
Ontario Mills, California's largest outlet and value retail shopping destination, is an indoor climate-controlled shopping center that provides the ultimate shopping experience with more than 200 stores. In addition to shopping, Ontario Mills offers dining and entertainment venues. Located at the intersection of I-10 and I-15, the Ontario Mills is located in close proximity to the Ontario International Airport, the Toyota Arena - and less than an hour from downtown Los Angeles and the Orange County coast. 8 Ontario Ranch
Ontario Ranch is a Master-Planned Community (MPC) currently in development with a buildout horizon over the next 20 years. Currently ranked as the #7 ranked MPC in the nation and #1 in the Inland Empire. It will span over 8,000 acres and cover 13 square miles, offering beautiful neighborhoods with abundant resort-style recreation, parks, and family-oriented living. Described as a visionary model for California growth, it is the first gigabit community in Southern California featuring ultra-high bandwidth home-data services. It will also boast an expansive system of both trails and parks (Ontario Great Park), a proposed 8 new schools and independent sources of water. Once complete, Ontario Ranch will have some 47,000 homes and 162,000 residents, with a projected 16 million square feet of retail, office, medical, and residential space. 9 7 https://www.toyota-arena.com/arena-info/about 8 https://www.simon.com/mall/ontario-mills/about 9 https://www.ontarioca.gov/news/ontario-ranch 416
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25 Figure 2-2: Areas of Proposed Land Use Changes within Ontario 417
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27 Open Space / Ontario 'Great' Park
Ontario is currently home to 30 recreational parks of various sizes, the West Cucamonga Creek Trail System, and a public golf course. Ontario has recently undertaken a massive project to begin constructing The Ontario 'Great' Park, which is located in the in the Ontario Ranch planning area, generally bounded by Ontario Ranch Road on the north, Eucalyptus Avenue on the south, Haven Avenue on the east, and Campus Avenue on the west. The Ontario 'Great' Park is approximately 3.7 miles long (east to west) and 340 acres in size. The Ontario 'Great' Park is envisioned as a focal point for the region, serving the City of Ontario's recreational and open space needs. 10 Infrastructure Assessment
Infrastructure plays a vital role in mitigating the effects of hazard events. When infrastructure fails, it can exacerbate the extent of certain hazards or create complications for rescue workers trying to reach victims. For example, fallen utility poles, because of strong winds or seismic activity, can obstruct roadways and prevent emergency vehicles from reaching affected areas. The following are electrical, fossil fuel, hydrologic, and transportation infrastructure networks in Ontario.

Electricity
Ontario receives its electrical supply from Southern California Edison (SCE). Eleven substations are located within the City, connecting 220kV and 66 kV powerlines that run east to west and north to south, circumventing Ontario Airport. These lines bring power to Ontario and the surrounding cities and connect to other regional power sources. These connections help Ontario access auxiliary electricity sources should any of its immediate infrastructure fail. However, a larger and more regional failure of the power grid would likely disrupt power transmission to Ontario for an extended time until power can be restored.

Natural Gas
Ontario receives its natural gas from Southern California Gas Company (SoCalGas). To ensure sufficient natural gas transmission throughout the region, SoCalGas owns and operates transmission lines that transect the City. The pipeline splits as it enters the city and traverses the northern section of the city before it enters Montclair and turns south, while the other pipeline branch runs along the eastern section of Ontario before exiting the southwest portion of the city. If these lines are damaged, there is a potential to interrupt the flow and delivery of natural gas throughout the City. Additionally, natural gas ignites very easily, and any rupture in a transmission line could cause additional damage to properties in the vicinity of the leak due to fire from the escaped natural gas.

The presence of this infrastructure creates unique challenges for the city from an emergency management perspective. Including hazards associated with damage to 10 City of Ontario Website, Ontario Great Park
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28 this infrastructure is an important element of an effective response to future incidents involving natural gas use and transmission.

Public Safety Power Shutoff
The State's investor-owned utilities have general authority to shut off electric power to protect public safety under California law. Utilities exercise this authority during severe wildfire threat conditions as a preventative measure of last resort through Public Safety Power Shut offs (PSPS). 1
The City began preparation for PSPS events by understanding the potential circuits that could be impacted (Figure 2-3) and the city needs and special populations that may be affected by these events. These incidents typically occur during high fire threat conditions (i.e., dry conditions and strong winds) and may affect communities located far away from any fires that are actively occurring.

Although the few SCE circuits located within the city
have not been de-energized during past PSPS events,
the city must be prepared in the event that a future PSPS event does affect one of those circuits. Residents and
businesses in these areas are sure to feel the impacts of these events if they do not have alternative options for electricity at their homes and places of business.

These events are anticipated to affect City resources as well since some City facilities rely on electricity to
function. As a result, the City has prioritized back up power generation at City facilities in these affected
areas to ensure residents have a safe place to seek refuge if needed, during these events.

Ontario Municipal Utilities Company
Ontario Municipal Utilities Company (OMUC) provides water, sewer, and assists in trash collection services for the city.

The city's water service area encompasses an area of approximately 49 square miles.

According to the 2020 OMUC Urban Water Management Plan, they provide water service to a population of approximately 178,409 people, with a projected population of over 362,000 people by the fiscal year of 2044-45. OMUC serves a large group of families with special housing needs, including severely low-income earners, single-parent families, large families, seniors, people with disabilities, and homeless persons. The city historically has relied on groundwater pumped from the Chino Basin; treated groundwater from the Chino Basin produced by the Chino Basin Desalter Authority; treated, imported water purchased from Metropolitan Water District (MWD) through Water Facilities Authority; Figure 2-3: SCE Public Safety Power Shutoff
Circuits surrounding the City
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29 groundwater and/or surface water purchased from San Antonio Water Company; and recycled water purchased from Inland Empire Utilities Agency. 11 OMUC is also responsible for the operation and maintenance of an extensive wastewater collection system and is tasked with ensuring proper and efficient operation of the system. Ontario's service area is located within the city limits, with a small portion of the city in the northeast that is serviced by Cucamonga Valley Water District (CVWD). The City's wastewater collection system consists of approximately 425 miles of gravity lines, 9,400 associated maintenance holes and cleanouts, three city-owned lift stations, one privately owned/city-maintained lift station, over 24,200 feet of associated force mains, and 11 siphons. The system is divided into seven service areas, also referred to as sewer sheds, primarily based on the outlet points where the City's system ties into a downstream facility operated by the Inland Empire Utilities Agency (IEUA). The development and implementation of a wastewater collection system operations and maintenance program ensure that the system is routinely and properly maintained to minimize failures and extend the system's longevity. 12
Trash services are provided by the Integrated Waste Department within the Public Works agency, which is committed to providing reliable, timely, safe, and affordable refuse collection services to the residents and businesses in the City of Ontario. Billing services and information on programs promoting waste minimization and locations for recycling efforts are provided by OMUC on the City's website. 13
Transportation
Much of the transportation infrastructure in Ontario consists of roadways for automobiles, but there are many modes of travel into and out of the city. In total, there are freeways, buses/shuttles, local commuter trains, longer-distance trains, and air travel supporting mobility in and out of the City. For non-motorized travel, the city has an extensive network of pedestrian trails and bicycle paths.

There are 4 freeways/highways, I-10, I-15, and State Route (SR) SR-60 and SR-83 (primarily referred to as Euclid Ave) that connect Ontario to the greater Southern California region.

The interchanges from these freeways and highways connect to major thoroughfares within the City. Table 2-9 identifies these major routes that connect to the City's local transportation network.
11 City of Ontario 2020 Urban Water Management Plan Link To Plan 12 Ontario Municipal Utilities Company Sewar System Management Plan Link to Plan 13 Recycling/Environmental Programs https://www.ontarioca.gov/OMUC/Recycling 421
City of Ontario 2023 Local Hazard Mitigation Plan

30 Table 2-9: City of Ontario Transportation Infrastructure Freeways/Highways
in Ontario
Direction Exits Serving the City of Ontario
I-10 East-West Exit (53) 4th St, (54) Vineyard, (55) Archibald Ave; Holt Blvd; Ontario Airport, (56) Haven Ave, (57) Milliken Ave, (59) Etiwanda Ave; Valley Blvd
1-15 North-South Exit (110) 4th St, (108) Jurupa St
SR-60 East-West Exit (36) Grove Ave-Ontario Airport, (37) Vineyard Ave, (38) Archibald Ave, (40) Milliken Ave, Hamner Ave.

SR-83 North South Traverses the City connecting it to I-10 in the North, and SR-71 in the South.

Source: iExitapp.com
Public transportation options within Ontario are provided by two public transit agencies that operate local bus and train services, Omnitrans and Metrolink, which are all regulated by the San Bernardino County Transportation Authority (SBCTA). Serving more than 2.1 million residents of San Bernardino County, the SBCTA is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. The SBCTA administers Measure I, the half-cent transportation sales tax approved by county voters in 1989, and supports freeway construction projects, regional and local road improvements, train and bus transportation, railroad crossings, call boxes, ridesharing, congestion management efforts, and long-term planning studies. 14
Omnitrans provides six routes servicing local Ontario neighborhoods, neighboring cities in San Bernardino County, and
one express service route that
connects Ontario with the cities
of Montclair, Colton, and San
Bernardino.

The Metrolink provides local and
regional train service in Ontario,
out of the East Ontario Station
located south of the Ontario
International Airport at 3330 E.

Francis Street. East Ontario
Station provides the Metrolink
Riverside Line with a connector
in the City of Ontario. This line
connects Riverside to Downton
14 San Bernardino County Transportation Authority
Metrolink’s East Ontario Station, located in the City of Ontario. Photo Courtesy of Metrolink
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31 Los Angeles and runs along the Union Pacific Railroad, featuring seven daily trains on weekdays only. The East Ontario station also provides a shuttle service to Ontario International Airport, served by Omnitrans. Ontario International Airport is discussed above in an earlier section.
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33 Chapter 3 – Risk Assessment
This chapter discusses the types of hazards that might reasonably occur in Ontario. It describes these hazards and how they are measured, where in Ontario they may occur, a history of these hazards in and around Ontario, and the future risk they pose. The discussion of future risks includes any changes to the frequency, intensity, and/or location of these hazards due to climate change. This chapter also discusses how the HMPC selected and prioritized the hazards in this Plan.

Hazard Identification
FEMA guidance identifies several hazards that communities should evaluate for inclusion in a hazard mitigation plan. Communities may also consider additional hazards for their plans. The HMPC reviewed the previous hazards in the 2018 plan and discussed other potential hazards, excluding ones that do not pose a threat or are not a significant concern to Ontario. Table 3-1 lists the hazards considered and explains the reasoning for inclusion/exclusion. For context, this table also shows if a hazard is recommended for consideration by FEMA, if it is included in the 2018 California State Hazard Mitigation Plan (SHMP), and if it is included in the San Bernardino County Hazard Mitigation Plan (SBC HMP).

Table 3-1: Hazard Evaluation for Ontario LHMP
Hazard Recommended
for Consideration
Included
in LHMP?
Reason for Inclusion or Exclusion
Agricultural
Pests
SHMP No While historically agricultural activities
have occurred within the southern
portion of the City, these areas are
moving out of the community and being
replaced by new residential, commercial,
and industrial developments. Without the
presence of these large agricultural areas
in the community, the HMPC did not
identify this as a hazard of concern for
the City.

Air Pollution SHMP No Air pollution is a state and regional issue that is addressed through plans and
regulations administered by the South
Coast Air Quality Management District
and/or California Air Resources Board.

Since the City does not regulate these
resources, the HMPC did not identify this
as a hazard of concern that could be
addressed in this plan.

Aircraft Incident SHMP No Ontario International Airport is located within the City. This facility is operated
under a Joint Powers Agreement that the
City is party to, however the JPA
conducts all planning activities for the
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34 facility. Given the lack of control over this
asset and few past incidents associated
with aircraft incidents have occurred, the
HMPC determined that this hazard should
not be included in the plan.

Aquatic
Invasive
Species
SHMP No There are no major riparian environments
in Ontario where aquatic invasive species
could endanger the community.

Avalanche FEMA guidance
SHMP
No Ontario is not located within potential
avalanche zones.

Civil
Disturbance or
Riot
SHMP No The HMPC determined that the City
includes a number of areas where large
populations visit/congregate (Ontario
International Airport, Toyota Arena,
Ontario Mills, Ontario Convention Center,
etc.), however these locations have not
experience significant issues associated
with civil disturbance. For this reason, the
HMPC did not identify this as a hazard of
concern.

Climate
Change
SHMP

SBC HMP
Yes Climate change is discussed as a
function of each relevant hazard and is
mentioned throughout the Plan.

Coastal
Flooding and
Storm
FEMA guidance
SHMP
No Ontario is not located along the coast of
California. Coastal flooding and storms
are not anticipated to impact the
community.

Cyber Threats SHMP Yes With the increase in cyber threats occurring throughout California and the
nation, the HMPC is concerned about
their effects on communications. This
hazard is addressed as a function of
communications failure.

Dam Failure FEMA guidance
SHMP

SBC HMP
Yes Ontario is located downstream of dams
that could inundate the community. Due
to City's location downstream of these
facilities, the HMPC identified dam failure
as a hazard of concern.

Drought SHMP

SBC HMP
No The HMPC is confident in the current
hydrologic infrastructure and supply for
the City. The HMPC does not consider
drought to be a local issue alone, but
rather a regional one. It is addressed in
both the State and San Bernardino
County HMP's.

Energy
Shortage
SHMP No While energy shortage has the potential
to occur in Ontario, the risk associated
with this is similar to surrounding
communities. While loss of power could
occur, the bigger concern for the City is
the effects this could have on
communications infrastructure.
426
City of Ontario 2023 Local Hazard Mitigation Plan

35 Epidemic,
Pandemic,
Vector-Borne
Disease
SHMP No Ontario is in San Bernardino County,
which has experienced several healthrelated incidents in the past. The City, along with the rest of the country, has
recently responded to the COVID-19
pandemic, which has impacted staff and
resources. However, the HMPC felt it was
best to address this issue in the City's
Emergency Operations Plan (EOP).

Erosion FEMA guidance
SHMP
No Due to its relatively flat nature and lack of
hills, the HMPC did not identify erosion as
a hazard of concern for the City.

Expansive Soil FEMA guidance No Expansive soils were not identified by the HMPC as a hazard of concern. While they
could exist, the City requires compliance
with the California Building Code, which is
intended to mitigate hazards associated
with this condition.

Extreme Cold FEMA guidance
SHMP
No Temperatures in Ontario do not fall to a
level that would be considered a danger
to public safety. Due to this the HMPC did
not identify this as a hazard of concern.

Extreme Heat FEMA guidance
SHMP
Yes Extreme heat has occurred in Ontario
and is expected to be a future recurring
issue. This issue was identified by the
HMPC as a hazard of concern and
included in the Extreme Weather profile.

Fault Rupture FEMA guidance
SHMP

SBC HMP
No There are no known Alquist-Priolo fault
zones located within Ontario. As a result,
the HMPC did not identify this as a hazard
of concern to the City.

Flooding FEMA guidance
SHMP
Yes Several watercourses transect the City
and are identified within FEMA flood
hazard zones. While significant flooding
events have not significantly affected
properties within the City recently, the
presence of these flood zones indicates
the potential for future hazards. The
HMPC identified flooding as a hazard of
concern included in the Flooding profile.

Fracking SHMP No Fracking does not occur in Ontario.

Hail FEMA guidance No Hail that is severe enough to pose a threat to people and property is too rare
in Ontario to be included.

Hazardous
Materials
release
SHMP Yes The presence of uses for storing,
manufacturing, disposing, and
transporting hazardous materials was
identified as a concern for the HMPC. In
addition, several major roadways,
freeways, and rail lines transecting the
City allow for the transport of these
materials that could endanger the
427
City of Ontario 2023 Local Hazard Mitigation Plan

36 community if a release into the
environment were to occur.

Hurricane FEMA guidance
SHMP
No Hurricanes do not occur in Ontario.

Infrastructure
Failure
SHMP No Infrastructure failure can pose a threat to
people and property in Ontario. A
discussion of infrastructure failure is
discussed as a function of other hazards.

Landslide FEMA guidance
SHMP
No No areas within the City of Ontario have
existing landslides or the potential for
landslides to occur. As a result, the HMPC
did not identify this as a hazard of
concern to the city.

Levee Failure SHMP No While levees are located within the City, they were not deemed a significant
concern. These levees are owned and
managed by San Bernardino County and
the City does not have the authority to
address these facilities but coordinates
with the County on issues and upgrades.

Based on this, the HMPC did not include
Levee failure as a hazard of concern.

Lightning FEMA guidance No Although lightning does occasionally occur in Ontario, it does not pose a
significant threat to people or property.

Liquefaction FEMA guidance
SHMP

SBC HMP
No According to mapping prepared by the
California Geological Survey, the City is
not located within liquefaction prone
areas. The HMPC did not identify this as a
hazard of concern.

Methanecontaining SoilsSBC HMP No The City does not have methanecontaining soils that pose a threat to the public health and safety of residents and
businesses. The HMPC did not identify this
as a hazard of concern to the City.

Natural Gas
Pipeline
Hazards
SHMP No Natural gas pipelines traverse Ontario,
posing a danger to people and property
if they were to breach and release their
contents. This condition is discussed in the
Community Profile in Chapter 2 and is
discussed in the vulnerability assessment
where applicable.

Oil Spills SHMP No There is no history of oil drilling and extraction within the City. Based on this,
the HMPC did not identify this as a hazard
of concern to the City.

Power Failure SHMP No While power loss events can occur in the City, the HMPC determined that this
hazard shouldn't be addressed within the
LHMP and is better suited as a hazard
addressed in the City's EOP.
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City of Ontario 2023 Local Hazard Mitigation Plan

37 Radiological
Accidents
SHMP No There are no known major sources of
radiation in Ontario or the immediate
surrounding area that could pose a
serious threat to the community.

Sea-level Rise FEMA guidance
SHMP
No The City is not located along the coast or
near any large bodies of seawater. The
HMPC did not identify this as a hazard of
concern for the City
Seiche FEMA guidance
SHMP
No There are no major bodies of water in
Ontario that could be subjected to
seiche.

Seismic Shaking FEMA guidance
SHMP

SBC HMP
Yes Ontario is in a seismically active area
where shaking can be severe enough to
damage property or cause loss of life. For
this reason, the HMPC determined it
should be addressed in this plan.

Severe Wind FEMA guidance Yes Severe Weather includes discussions regarding extreme heat, severe wind,
and rain, which are weather-related
hazards that are most common in
Ontario.

Severe Weather
and Storms
FEMA guidance
SHMP

SBC HMP
Yes Severe Weather includes discussions
regarding extreme heat, severe wind,
and rain, which are weather-related
hazards that are most common in
Ontario.

Storm Surge FEMA guidance No Ontario is not a coastal community. The HMPC did not identify this as a hazard of
concern to the City.

Subsidence FEMA guidance Yes The HMPC believed that subsidence could occur with significant groundwater
pumping. Subsidence is not discussed as
a stand-alone hazard but rather is a
function of the geologic hazards profile.

Terrorism SHMP Yes The HMPC was concerned about
terrorism incidents posing a threat to
public safety given the number of
significant locations that could be
considered targets within the City. A
discussion of this is in the Human-Caused
Hazards profile.

Thunderstorm SHMP No Thunderstorms that cause damage and endanger public safety are rare in the
Southern California region. The HMPC did
not identify this as a hazard of concern.

Tornadoes FEMA guidance
SHMP
No No tornadoes are known to have
occurred in Ontario. The HMPC did not
identify this as a hazard of concern.

Transportation
Accidents
SHMP Yes Due to the presence of major freeways,
roadways, railroad lines, and the Ontario
International Airport located in and
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City of Ontario 2023 Local Hazard Mitigation Plan

38 After hazard evaluation and the organizational changes made by the HMPC, this Plan discusses seven broad hazard types with their respective sub-categories:

Hazard Type Sub-Categories
Earthquake/Geologic Hazards Seismic Shaking
Subsidence
Flooding
Extreme Weather Severe Winds
Extreme Heat
Severe Rainstorm
Dam Failure/Inundation
Urban Fire
Hazardous Materials Release
Human-Caused Hazards Terrorism
Transportation Incidents
Communications Failure
Climate Change Discussed in all Hazard Categories
around the City, transportation accidents
could endanger public safety. A
discussion of this is in the Human-Caused
Hazards profile.

Tree Mortality SHMP No The HMPC noted that the City's has a significant number of trees, however the
City currently manages these resources
effectively and did not feel it was
necessary to profile as a hazard of
concern.

Tsunami FEMA guidance
SHMP
No Ontario is not a coastal community. The
HMPC did not identify this as a hazard of
concern to the City
Urban Fire SHMP

SBC HMP
Yes The HMPC identified urban fires as a risk
to property and life in Ontario.

Volcano SHMP No There are no volcanoes near Ontario to
reasonably pose a threat. The HMPC did
not identify this as a hazard of concern to
the City
Wildfire FEMA guidance
SHMP
No The city does not have any high fire
hazard severity zones, nor is it located
next to a wildland-urban interface area.

Because of this, the HMPC did not identify
this as a hazard of concern to the City;
Urban Fire is the main risk to Ontario.
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City of Ontario 2023 Local Hazard Mitigation Plan

39 Hazard Scoring and Prioritization
Once the hazards for Ontario have been identified, the hazards are then given a priority ranking. In the Hazard Assessment Matrix below, the "Red" zone represents the highest priority hazards, the "Yellow" zone represents middle priority, and the "Green" zone represents the lowest priority hazards. As shown in Hazard Assessment Matrix, the two hazards considered the greatest threat to the City of Ontario are earthquake and flood, followed closely by extreme weather (EW) events. The hazard profiles and risk assessment that follow describe these hazards in-depth, reviews the exposure of assets to these hazards, and estimate losses or assess risk for significant events associated with these hazards.

In addition to the simple prioritization exercise, the HMPC followed FEMA guidance (see Table 3-2) for hazard mitigation plans and prioritized each of the hazards identified. In the initial step, it assigned a score of 1 to 4 for each of the hazards for the following criteria:
• Probability: The likelihood that the hazard will occur in Ontario in the future. • Location: The size of the area that the hazard would affect. • Maximum probable extent: The severity of the direct damage of the hazard to Ontario.
• Secondary impacts: The severity of indirect damage of the hazard to Ontario.

The HMPC assigned a weighting value to each criterion, giving a higher weight to the criteria deemed more important, and multiplied the score for each criterion by weighing the factor to determine the overall score for each criterion. These weighting values were recommended by FEMA:
• Probability: 2.0
• Location: 0.8
• Maximum probable extent: 0.7
• Secondary impacts: 0.5
High Medium Low
Earthquake / Geologic Hazards EW-High Winds
Flooding EW-Extreme Heat
EW-Severe Rain Storm
Hazardous Materials Release
Urban Fire
HCH - Transportation Incidents
Dam Inundation HCH- Communications Failure
HCH-Terrorism
Climate Changes addressed under each hazard
2023 LHMP IMPACT PROBABILITY
High
Medium
Low
Ontario Hazards Assessment Matrix
431
City of Ontario 2023 Local Hazard Mitigation Plan

40 Table 3-2 shows the Criterion Scoring used to assign a score for each criterion.

After calculating the total impact score for each hazard (sum of the location, maximum probable extent, and the secondary impact). FEMA guidance recommends multiplying the total impact score by the overall probability to determine the final score for each hazard. A final score between 0 and 12 is considered a low-threat hazard, 12.1 to 42 is a medium-threat hazard, and a score above 42 is considered a high-threat hazard. This final score determines the prioritization of the hazards.

In compliance with the Disaster Mitigation Act (and as further specified by Interim Final Rule 44 CFR Section 206.401(c)(2)(i)), this LHMP addresses, in substantial detail, the primary hazards facing the City. Lower priority hazards are addressed at a lesser level of detail due to their relatively reduced impacts, as identified in the hazard assessment discussion.

Disaster Declaration Connections
Since the previous update the following major disasters, emergency declarations, and fire management events have been issued by the FEMA. Past events identified in this plan have been identified in connection with these event in the “Past Events” sections within each Hazard Profile.

Disaster Declaration - San Bernardino County (2019-2023) Year
Declaration
Number Declaration Title
Incident
Type
Affected
Ontario
Activated
EOC /
Requested
PA
2023 DR-4699-CA

SEVERE WINTER STORMS,

STRAIGHT-LINE WINDS,

FLOODING, LANDSLIDES,
AND MUDSLIDES Severe Storm Yes No
2023 EM-3591-CA

SEVERE WINTER STORMS,

FLOODING, AND
MUDSLIDES Flood Yes No
2023 EM-3592-CA

SEVERE WINTER STORMS,

FLOODING, LANDSLIDES,
AND MUDSLIDES Flood Yes No
2021 DR-4569-CA WILDFIRES Fire No No
2021 FM-5381-CA BLUE RIDGE FIRE Fire No No
2020 DR-4482-CA COVID-19 PANDEMIC Biological Yes Yes
2020 EM-3428-CA COVID-19 Biological Yes Yes
2020 FM-5350-CA EL DORADO FIRE Fire No No
2020 FM-5325-CA APPLE FIRE Fire No No
2020 FM-5301-CA HILLSIDE FIRE Fire No No
2019 EM-3415-CA EARTHQUAKES Earthquake No No
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City of Ontario 2023 Local Hazard Mitigation Plan

41 Table 3-2: Ontario Hazard Prioritization Worksheet
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City of Ontario 2023 Local Hazard Mitigation Plan

42 Hazard Profiles
Earthquake / Geologic Hazards
Earthquake and geologic hazards of concern in Ontario include seismic shaking and subsidence.

DESCRIPTION
An earthquake is a sudden slip on an active fault, and the resulting shaking and radiated seismic energy caused by the slip (USGS, 2009). The majority of major active faults in the Ontario area are strike-slip faults. For this type of fault, during an earthquake event, one side of a fault line slides past the other. The rupture from this type of fault extends almost vertically into the ground.

Earthquakes are a significant concern to the City of Ontario. The area around Ontario is seismically active since it is situated on the boundary between two tectonic plates.

Earthquakes can cause serious structural damage to buildings, overlying aqueducts, transportation facilities, and utilities and can lead to loss of life. In addition, earthquakes can cause collateral emergencies, including dam and levee failures, fires, and landslides.

SEISMIC SHAKING
Seismic shaking is the shaking felt on the surface caused by an earthquake. In most cases, earthquakes are not powerful enough to feel the shaking. However, powerful earthquakes can generate significant shaking, causing widespread destruction and property damage. As previously discussed, earthquakes are considered a major threat to the City of Ontario due to the proximity of several regional fault zones. Major fault zones in the region include the San Andreas Fault, located approximately 14 miles northeast of the city, the San Jacinto Fault, located approximately 7 miles northeast of the city, the Elsinore Fault, located approximately 3 miles southeast of the city, and the Cucamonga Fault, located approximately 5 miles north of the city. All of these faults are capable of producing earthquakes of magnitude 6.7 or greater. A significant earthquake along one of the major faults could cause substantial casualties, extensive damage, and other threats to life and property. The shaking of the ground can also damage or destroy underground utilities or pipelines, potentially leading to a loss of power, conceivable fires should any natural gas pipelines be damaged, and possible release of hazardous materials and flooding if water lines are breached. These regional fault zones are displayed in Figure 3-1 from the City’s recently updated General Plan.

SUBSIDENCE
Subsidence occurs when the ground level decreases as if the surface is sinking.

Subsidence can either be sudden (as in a sinkhole) or happen gradually over time. It can be caused by mining, groundwater pumping, or fossil fuel extraction, creating empty underground spaces that can collapse and cause the soil above to drop in elevation.

Erosion, natural cave collapses, and seismic activity can also cause subsidence. 434
City of Ontario 2023 Local Hazard Mitigation Plan

43 LOCATION AND EXTENT

SEISMIC SHAKING
The intensity of seismic shaking occurs in relation to the amount of energy discharged by the seismic event, which is dictated by the length and depth of the fault. The longer and nearer the surface the fault rupture is, the greater the seismic shaking. In most cases, areas nearest to the fault rupture experience the greatest seismic shaking, while areas more distant experience less shaking. Seismic shaking can damage or destroy structures leading to partial or even total collapse. The shaking of the ground can also damage or destroy underground utilities or pipelines, potentially leading to releases of hazardous materials and flooding if water lines are breached.

Southern California is a highly seismic area because of the major faults that run through the region and the frequency of seismic events in the region. The intensity of seismic shaking is usually measured with the Modified Mercalli Intensity (MMI) scale based on the amount of observed damage. Seismic shaking may also be measured using the more widely known moment magnitude scale (MMS, denoted as Mw or sometimes M), which measures the amount of energy the earthquake releases. The MMS begins at 1.0 and increases as more energy is released. This scale is based on a logarithmic scale, meaning that the difference in energy between two measurements is substantially greater than the difference between the measurements themselves. For example, a Mw 6.5 Figure 3-1: Regional Faults and Fault Zones
435
City of Ontario 2023 Local Hazard Mitigation Plan

44 earthquake releases approximately 1.4 times as much energy as a Mw 6.4 earthquake and 1,000 times as much energy as a Mw 4.5 earthquake. The MMS replaces the Richter scale, which is similar but less reliable when measuring large earthquakes. Since the degree of shaking and consequential damage generally decreases as the seismic energy travels farther away from the event’s point of origin, different sections of a city or region can report different MMI measurements in different locations. Given Ontario’s size, it is likely that different sections of the city would report different MMI measurements. The MMI scale depicted in Table 3-2 uses Roman numerals on a 12-point scale to measure and describe the effects of the shaking event. Figure 3-3 shows seismic shaking potential within the city.

Table 3-3: Modified Mercalli Intensity Scale15
Intensity Description Description
I Instrumental Felt only by very few people under especially favorable conditions.

II Feeble Felt only by a few people at rest, especially on the upper floors of buildings.

III Slight Noticeable by people indoors, especially on upper floors, but not always recognized as an earthquake.

IV Moderate Felt by many indoors and by some outdoors. Sleeping people may be awakened. Dishes, windows, and doors are disturbed
V Slightly Strong Felt by nearly everyone, and many sleeping people are awakened. Some dishes and windows broken, and unstable
objects overturned.

VI Strong Felt by everyone. Some heavy furniture is moved, and there is slight damage.

VII Very Strong Negligible damage in well-built buildings, slight to moderate damage in ordinary buildings, and considerable damage in poorly built buildings.

VIII Destructive Slight damage in well-built buildings, considerable damage and partial collapse in ordinary buildings, and great damage in poorly built buildings.

IX Ruinous Considerable damage in specially designed structures. Great damage and partial collapse in substantial buildings, and buildings are shifted off foundations.

X Disastrous Most foundations and buildings with masonry or frames are destroyed, along with some well-built wood structures. Rail lines are bent
XI Very
Disastrous
Most or all masonry structures are destroyed, along with bridges.

Rail lines are greatly bent.

XII Catastrophic Damage is total. The lines of sight are distorted, and objects are thrown into the air.
15 United States Geological Survey. 2019. The Modified Mercalli Intensity Scale. https://earthquake.usgs.gov/learn/topics/mercalli.php
436
City of Ontario 2023 Local Hazard Mitigation Plan

45 Figure 3-2: Seismic Shaking Potential
437
City of Ontario 2023 Local Hazard Mitigation Plan

46 SUBSIDENCE
The City identified that due to the significant amount of groundwater pumping that occurs within the City, subsidence in parts of the community are a concern. The portions of the City where active groundwater pumping is occurring are the most likely locations for subsidence. Other sections of the city could also be potentially subject to subsidence in the event of a major earthquake (Mw 5.0 or greater). In terms of extent, subsidence is typically measured by the distance that the ground has sunk from its original elevation (i.e., in feet or inches) or by using the rate of subsidence (i.e., inches or centimeters per year). According to the California Geological Survey (and United States Geological Survey), in California, large areas of land subsidence were first documented in the first half of the 20th century. Most of this was the result of excessive groundwater pumping, some of which has decreased by water conveyance projects from around the state that have allowed some groundwater aquifers to recover. However, subsidence continues at varying rates (some rates as high as <1 foot/year). 16 Figure 3-3 shows areas of subsidence within the city.

PAST EVENTS

SEISMIC SHAKING
While no significant earthquake has originated within Ontario within the last 100 years, the city has felt the shaking of regional earthquakes. The most recent major seismic shaking event near Ontario was the Ridgecrest Sequence of Earthquakes on July 4, 2019.

The event was a sequence of multiple earthquakes registered as an Mw 6.4 followed by an Mw 7.1. 17 The event caused over 25 injuries, resulted in one death, and caused over $5 billion in damage. 18 The next most recent event occurred on January 17, 1994, in Northridge, registering as an Mw 6.7 19 causing 57 deaths, more than 8,700 injuries, and approximately $20 billion in damage costs, plus an additional economic loss of $40+ billion.

On June 6, 1992, there were multiple large events in Big Bear and Landers, California, with a rating of Mw 6.5 and Mw 7.3, respectively. These events resulted in 3 deaths, nearly 500 injuries, and approximately $1.52 billion in damages. 20 16 US Geological Survey. Areas of Land Subsidence in California. https://ca.water.usgs.gov/land_subsidence/californiasubsidence-areas.html 17 California Earthquake Authority. 2020. List of Notable and Major California Earthquakes. https://www.earthquakeauthority.com/California-Earthquake-Risk/California-Earthquake-History-Timeline 18 National Centers for Environmental Information. 2020. Global Significant Earthquake Database, 2120 B.C. to present. https://www.ngdc.noaa.gov/hazard/earthqk.shtml 19 California Department of Conservation. N.d. Northridge Earthquake, January 17, 1994. https://www.conservation.ca.gov/cgs/earthquakes/northridge 20 National Centers for Environmental Information. 2020. Global Significant Earthquake Database, 2120 B.C. to present. https://www.ngdc.noaa.gov/hazard/earthqk.shtml
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City of Ontario 2023 Local Hazard Mitigation Plan

47 Figure 3-3: Areas of Land Subsidence within Ontario
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City of Ontario 2023 Local Hazard Mitigation Plan

48 Many major faults are located throughout Southern California, including some wellknown ones like the San Andreas and San Jacinto Fault Zones. Proximity to a variety of active faults ensures that seismic hazards will continue to be a major concern for the city.

Table 3-4 identifies the major earthquakes that have occurred within 100 miles of the City.

While populations may have felt the 2019 Ridgecrest earthquakes (EM-3415) within the city, these events were located over 100 miles away and thus were not added to Table 3-4. Table 3-5 identifies earthquakes, Mw 4.0+, which have occurred in San Bernardino County. The LHMP Planning Team noted the following regional and local events for seismic activity in the City of Ontario.

Table 3-4: Significant Earthquakes (6.0+Mw) Within 100 Miles of Ontario Event Name Magnitude
9/12/1970 Mw 5.2 - Lytle Creek
2/28/1990 Mw 5.4 - Upland
6/28/1992 Mw 7.3 - Big Bear/Landers
10/16/1999 Mw 7.1 - Hector Mine
7/29/2008 Mw 5.4 - Chino Hills
*Distance between the epicenter and Ontario.

Table 3-5: Earthquakes (Greater then 4.0+Mw) In San Bernardino County (Up to 2022)
Date Name Magnitude
9/14/2011 Calimesa Mw 4.1
1/15/2014 Fontana Mw 4.4
7/5/2014 Running Springs Mw 4.6
3/29/2014 Brea Mw 5.1
7/25/2015 Fontana Mw 4.2
9/16/2015 Big Bear Lake Mw 4.0
12/30/2015 Muscoy Mw 4.4
1/6/2016 Banning Mw 4.4
It should be noted that hundreds of smaller (<Mw 4.0) earthquakes within San Bernardino County were not listed.
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City of Ontario 2023 Local Hazard Mitigation Plan

49 SUBSIDENCE
Monitoring for subsidence by the City occurs on a regular basis. Based on City measurements, historic groundwater extraction in the region has contributed to subsidence rates of 0.8 to 2.5 feet.

RISK OF FUTURE EVENTS

SEISMIC SHAKING
Ontario is in a seismically active area with many faults in the surrounding area and regionat-large. There will be an ever-present danger, of course, posed by any seismic shaking, which could potentially cause damage to buildings and/or infrastructure. It is almost inevitable that an earthquake will occur along one of the adjacent or regional fault lines and cause a major seismic event. The Third Uniform California Earthquake Rupture Forecast (UCERF3) was released in 2015 and is the most recent assessment of the probability of a major earthquake on various faults between 2015 to 2044. Table 3-6 shows the results for nearby and regional fault lines for Ontario.

In addition to UCERF3 forecasts, which project the odds of a major earthquake on local and regional faults, the U.S. Geological Survey forecasts the severity of seismic shaking in different locations for various plausible earthquake scenarios. Table 3-7 shows the anticipated shaking in Ontario from some of these scenarios.

The U.S. Geological Survey scenarios show that the Newport-Inglewood and San Joaquin Hills faults could cause the strongest seismic shaking in Ontario. However, the largest magnitude events are anticipated to come from the more distant San Jacinto and San Andreas faults, which could cause earthquakes that have an overall higher magnitude than the San Jose, Cucamonga, or Fontana faults. Due to the former faults’ distance from Ontario, the shaking intensity felt in Ontario would be reduced compared to the shaking that would be felt nearer the earthquakes’ epicenters. The overall magnitude of potential earthquake scenarios occurring along the San Jose, Cucamonga, or Fontana faults is lower than some of the more regional faults, but their proximity to Ontario means that the city would be subjected to high intensity shaking from these earthquakes. In other words, these lower-magnitude earthquake scenarios may be more destructive in Ontario than higher-magnitude earthquake scenarios that are more distant. As noted in Table 3-6, however, the likelihood of a powerful earthquake occurring along these faults within the next 25 years is exceptionally low.
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City of Ontario 2023 Local Hazard Mitigation Plan

50 Table 3-6: Earthquake Probabilities for Key Faults near Ontario (2015-2044) Fault Distance
(Miles)*
Probability

6.7+ M* 7.0+ M* 7.5+ M* 8.0 M*
San Jose 4.42 0.30 0.20 0.03 Negligible
Cucamonga 5.83 1.09 0.97 0.61 0.03
Fontana 6.79 0.23 Negligible Negligible Negligible
Chino Alt 1 8.43 1.42 0.15 0.08 Negligible
San Gabriel 11.61 0.46 0.42 0.18 <0.01
Sierra Madre 11.94 1.10 1.06 0.72 0.03
Whittier Alt 1 13.82 1.45 1.26 0.66 <0.01
San Jacinto
(Lytle Creek)

14.43 1.13 1.13 1.12 0.49
Elsinore
(Glen Ivy)

18.00 3.19 1.68 0.89 <0.01
San Jacinto
(San
Bernardino)

18.91 5.15 5.14 5.09 2.77
San Andreas 22.32 19.02 15.55 11.78 4.06
Elsinore
(Temecula)

23.20 2.16 1.75 0.94 <0.01
Palos Verdes 41.62 3.09 2.79 0.10 Negligible
Table 3-7: Selected Shaking Scenarios for Ontario
Fault Magnitude Distance to
Epicenter (Miles)*
MMI Range in Ontario
San Jose 6.66 8.70 7.0 - 8.0
Cucamonga 6.88 11.91 7.0 - 8.0
San Jacinto (Lytle
Creek)

6.72 14.62 6.0 – 7.0
San Jacinto (San
Bernardino)

6.96 17.41 6.5 – 7.0
San Andreas 9.09 24.08 7.0 – 7.5
Note: UCERF3 results consist of two individual models (3.1 and 3.2), each of which provides rupture probabilities for each segment of the fault. This table shows the maximum probability for a section of the fault in either model. 442
City of Ontario 2023 Local Hazard Mitigation Plan

51 SUBSIDENCE
Since Ontario has not experienced acute subsidence events, and the City is monitoring groundwater elevations and overproduction of their groundwater aquifer, it seems unlikely that subsidence will become a significant issue in the future. The most likely cause of a future event would be linked to an extreme drought in the future that leads to intensified groundwater withdrawals from the groundwater aquifer. In addition, the city’s proximity to seismically active faults suggest the potential for a significant earthquake exists, which could lead to seismically induced subsidence in the future.

CLIMATE CHANGE CONSIDERATIONS

SEISMIC SHAKING
There is no direct link between climate change and seismic activity that could impact Ontario, so climate change is not expected to cause any changes to the frequency or intensity of seismic shaking. Some research indicates that climate change could result in “isostatic rebounds,” or a sudden upward movement of the crust because of reduced downward weight caused by glaciers 21. As glaciers are known to melt when overall global temperatures increase, climate change could indirectly lead to an increase in seismicity in Ontario and the Southern California region.

SUBSIDENCE
The relationship between climate change and subsidence is not well established.

Nevertheless, it is possible that climate change could indirectly influence subsidence in Ontario. While more intense rainstorms could potentially recharge underground aquifers, adequate infrastructure would need to be available to accommodate this water, allowing for greater recharge. If this recharge could occur, it could reduce the risk of subsidence. On the other hand, more severe and prolonged periods of drought may encourage more groundwater withdrawals and increase the risk of subsidence.

Flood

DESCRIPTION
Floods are a common hazard in many parts of California, including Ontario. Ultimately, a flood occurs when there is too much water on the ground to be held within local water bodies, causing water to accumulate in naturally dry areas. They are often caused by heavy rainfall, though floods can also occur after a long period of moderate rainfall or if unusually warm weather causes mountain snow to melt faster than expected. Floods that develop quickly, known as flash floods, are especially dangerous because there may be little warning that one is occurring, but floods can also build over a more extended period.

A flood, as defined by FEMA’s National Flood Insurance Program (NFIP), is: "A general and temporary condition of partial or complete inundation of two or more acres of normally 21 Ibid., 47.
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City of Ontario 2023 Local Hazard Mitigation Plan

52 dry land area or of two or more properties (at least one of which is the policyholder’s property) from:
 Overflow of inland or tidal waters, or
 Unusual and rapid accumulation or runoff of surface waters from any source, or
 Mudflow, or
 Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels."
Floods can be slow or fast rising but generally develop over a period of hours or days.

Mitigation includes any activities that prevent an emergency, reduce the chance of an emergency happening, or lessen the damaging effects of unavoidable emergencies.

Investing in mitigation measures now, such as: engaging in floodplain management activities, constructing barriers such as levees, and purchasing flood insurance will help reduce the amount of structural damage and financial loss from other types of property damage should a flood or flash flood occur.

Floods are dangerous for several reasons. The floodwaters can be deep enough for people to drown and moving fast enough to sweep people away. The moving water can damage buildings with its force (in extreme cases, it may move entire structures) or carry large debris that damages objects with which it collides. When water gets into buildings, it can cause extensive damage to personal property, ruining building materials, furniture, electronics, and numerous other items. Both standing and moving water can be barriers to movement, isolating people and hindering evacuation, rescue, or relief efforts.

LOCATION AND EXTENT
Flood events are measured by their likelihood of occurrence. For instance, a 100-year flood is a flood that has a 1 in 100 (1.0 percent) chance of occurring in any given year. A 500-year flood is a flood that has a 1 in 500 (0.2 percent) chance of occurring in any given year. The 100-year flood has been designated as the benchmark for major flood events. Thus 100-year floods are referred to as “base floods.” Floodplains are areas that are prone to flooding and often experience frequent flooding.

While it is possible for areas outside of these designated floodplains to experience flooding, the most likely locations to experience future flooding are low-lying areas near bodies of water. FEMA is the governmental body responsible for designating which areas of the United States can be classified as floodplains.

The three most common designations are:
 Special Flood Hazard Area: The area within a 100-year floodplain.  Moderate Flood Hazard Area: The area outside the 100-year floodplain but within the 500-year floodplain.
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53  Minimum Flood Hazard Area: The area outside of the 500-year floodplain.

FEMA has multiple floodplain categories for each unique environment within these three designations. Table 3-8 shows these detailed floodplain categories. FEMA classifies Ontario under four floodplain categories: A, AO, X, and AH; the location of these floodplains can be seen on the FEMA Flood Hazard Zone Map depicted in Figure 3-4.

Flooding hazards can potentially impact a significant amount of the community; however, less than 10% of this area is subject to a 100-year event.

Development within flood hazard areas is expected to comply with flood protection standards that reduce vulnerability to flood impacts and ensure safe use and occupation of structures.

Table 3-8: FEMA Floodplain Categories
Category Description
A Within a 100-year floodplain, but the water height of the 100-year flood is not known.

A1-30 or
AE
Within a 100-year floodplain and the water height of the 100-year flood is known.

AO Within a 100-year floodplain, and the water height of the 100-year flood is between one and three feet but not specifically known.

A99 Within a 100-year floodplain, it is protected by flood protection infrastructures such as dams or levees.

AH Within a 100-year floodplain, and the water height of the 100-year flood is between one and three feet and is specifically known.

AR Within a 100-year floodplain, it is protected by flood protection infrastructure that is not currently effective but is being rebuilt to provide protection.

V Within a 100-year floodplain for coastal floods, but the water height of the flood is not known.

V1-30 or
VE
Within a 100-year floodplain for coastal floods and the water height of the flood is known.

VO Within a 100-year floodplain for shallow coastal floods with a height between one and three feet.

B Within a 500-year floodplain, or within a 100-year floodplain with a water height less than one foot (found on older maps).

C Outside of the 500-year floodplain (found on older maps).

X Outside of the 500-year floodplain (found on newer maps).

X500 Within a 500-year floodplain or within a 100-year floodplain with a water height less than one foot (found on newer maps).

D Within an area with a potential and undetermined flood hazard.

M Within an area at risk of mudslides from a 100-year flood event.

N Within an area at risk of mudslides from a 500-year flood event.

P Within an area at risk of mudslides from a potential and undetermined flood event.

E Within an area at risk of erosion from a 100-year flood event.

Source: 24 CFR, Section 64.3
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54 Figure 3-4: Flood Hazard Zones in Ontario
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55 The City has also identified a number of locations where flooding can occur during precipitation events. Table 3-9 identifies these locations, which include storm drains requiring cleanings weekly, storm drains considered problems during heavy rains, and storm drains that require sandbags to avoid water damage to adjacent properties or to divert water flows more effectively during a rain event.

Table 3-9: Flooding Hotspots in Ontario
Location Cleaned
Once a
Week
Problem
Draining
During Heavy
Rains
Problem Spot
Requiring
Sandbag
Delivery
Grove/Walnut- N/W Corner and N/E Corner X X
2620 S. Cucamonga Ave X
S. Cucamonga Ave/Walnut X X
S. Cucamonga Ave/Francis X
1900 S. Cucamonga Ave - N/W corner X
S. Cypress/Francis - S/W Corner X
Palmetto/Francis- West side of street X
Mountain/Phillips – West side of street X
Mountain/Francis – South side of street X
San Antonio Ave/Philadelphia -S/E Corner X
Fern/Philadelphia – S/E corner X
Campus/Philadelphia X X
Grove/Walnut X
900 E Princeton X
Mountain/Mission X
San Antonio Ave/Holt X
Campus/Philadelphia X
Campus/Walnut X
S Cucamonga/Walnut X
S. Parco/Walnut X
S. Cucamonga/Walnut X
Hope/Hawthorn X
S. Parco/Philadelphia X
960 E. Princeton X
412 E J Street X
426 E. Francis X
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56 PAST EVENTS
Table 3-10 identifies past events of flooding in the city.

Table 3-10: History of Flooding in Ontario
Date Description and Effect
1/14/1916
1/21/1916
Severe rainstorms in Southern California, over 8.5” in San Bernardino County, led to regional flooding, including massive flooding along Euclid Ave in Ontario. The city was one of several that were cut off and isolated by floodwaters, as roads, railroads, and bridges were washed out.
10/13/1942 A midnight thunderstorm hit Upland with 2.25” of rain in just over one hour. Mud and debris washed down Euclid Avenue and flooded at least one home. Four calves at an Ontario dairy were washed away.
2/6/1950 Heavy rainfall leads to the inundation of Chino Creek and the subsequent flooding of Hwy 71 from Ontario all the way to Corona.
1/13/1952
1/18/1952
Heavy rain hits Southern California in a few waves of storms. 5.52” fell in San Bernardino County over six days. Flooding is reported in Ontario and neighboring Upland.
11/30/1952 Heavy rain dropped almost one inch in neighboring Upland, which led to the flooding of homes in Ontario.
7/23/1956
7/28/1956
Strong monsoon flow hit the region with thunderstorms each day, even west of the mountains. On 7/25, flash flooding struck the City of Ontario and San Bernardino County.
1/21/1962
1/22/1962
The heaviest winter storm in 13 years struck the San Bernardino area with 2.93 inches in Ontario resulting in the flooding of streets and neighborhoods in the City.
3/6/1968
3/8/1968
Heavy rains led to local flooding, damaging homes, buildings, and schools in Ontario and surrounding cities. Debris flows closed several highways in the region.
2/8/1978
2/10/1978
Heavy rains in the region, including 5” of water in Ontario led to widespread flooding, flash floods, and mudslides; numerous homes were washed away as a result.
5/7/2016 Heavy rains over Southern California led to flooding in Ontario. Cars were partially submerged near the Ontario International Airport; intersections were closed at Grove Ave/Francis St and Walnut St/Cucamonga Ave, and a roof collapsed at a container business due to the severity of the weather. 12/14/2021 Pounding rain and winds led to the collapse of a tree that toppled and crushed two apartment building units, trapping a woman inside. Over 3” of rain also led to flooding in some parts of the city.
11/8/2022 Heavy rains over Southern California led to flooding in Ontario. Ten people were washed away in the 1200 block of E. 4th Street, near North Grove Avenue.

Source: A History of Significant Weather Events in Southern California

RISK OF FUTURE EVENTS
There is no indication that the severe rainfall that leads to flooding will abate in the future, either in Ontario or the greater region of Southern California. While Ontario may experience prolonged periods of dry or wet years, flood events will likely continue to 448
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57 impact the city. For areas within the 100-year and 500-year flood hazard zones, the likelihood of flooding to occur annually is 1% and 0.2%, respectively.

Because the City is vulnerable to flooding during the winter storm season, it is an active participant in the FEMA National Flood Insurance Program (NFIP). Through this program, “Special Flood Hazard Areas” within the city are identified and mapped on Flood Insurance Rate Maps (FIRMs), identifying the areas that require flood insurance. FIRMs generally describe flooding in terms of a 100- or 500-year flood event, which translates into the probability (1.0% or 0.2%, respectively) that flooding could occur within the designated zone in any given year. In addition to the federal requirements within the NFIP, the City has adopted flood protection standards requiring minimum building elevation, flood-proofing, and anchoring of buildings in areas prone to flooding. Figure 3-4 identifies the FEMA Flood Hazard Zones mapped within the City.

Since its incorporation, Ontario has worked with San Bernardino County on flood management and mitigation projects. The City also takes steps on an annual basis to maintain and prepare for flood events, ensuring the existing infrastructure can effectively convey floodwaters. Flood events within the City can occur either due to large storms and flash flooding that overwhelms infrastructure or the failure of flood control facilities that inundate downstream communities.

The city has a levee system composed of six levees. Table 3-11 identifies these levees and their features.

Table 3-11: Levee System in Ontario
Description What is Behind the Levee
Name Year Total Miles Population Buildings Property
Value
Cucamonga
Creek 2
1978 .61 4 1 $364,000
Cucamonga
Creek 3
1984 .26 392 136 $26.8M
Cucamonga
Creek 6
1978 .98 0 0 $0
San
Bernardino
County
Levee 101
Unknown .28 108 31 $18.5M
San
Bernardino
County
Levee 17
Unknown 2.13 14,236 3,693 $3.67B
San
Bernardino
County
Levee 214
Unknown 1.51 332 27 $156M
Source: National Levee Database
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58 CLIMATE CHANGE CONSIDERATIONS
Climate change is expected to affect California's precipitation patterns, which are likely to influence future flood events. A 2017 study found that the number of very intense precipitation days in California is projected to more than double by the end of the century, increasing 117 percent, making it likely that flood events will become more frequent 22. More flood events could increase the frequency of maintenance and repair activities and require operational changes to City function. Much of the City's infrastructure may require modification and retrofit to better accommodate changes anticipated from climate change. As a result, significant investment in future infrastructure may be necessary.

Extreme Weather (Severe Winds, Extreme Heat, Severe Rainstorms)

DESCRIPTION

SEVERE WINDS
Wind is simply the movement of air caused by differences in atmospheric pressure and temperature. High-pressure air will naturally move to areas of low pressure. Usually, the distance between these high- and low-pressure zones is far; however, these low- and high-pressure zones occasionally may be near one another. When this happens, air will flow dramatically, creating high-speed winds. The most common wind events in southern California are the “Santa Ana” winds. Figure 3-5 depicts the typical conditions that occur in the fall and winter to create these events. When winds are fast enough, they can damage homes, public facilities, utilities, and other infrastructure. They can also uproot or topple mature trees, pick up debris, and send it careening through the air. This debris can injure or even kill bystanders who may find themselves stranded outside. High-speed winds can deposit this debris in the middle of rights-of-way, such as roads, freeways, and railways, blocking exit routes for would-be evacuees or impeding access to first responders trying to reach wounded people.
22 Polade, S.D., Gershunov, A., Cayan, D.R., Dettinger, M.D., & Pierce, D.W. 2017. Precipitation in a warming world: Assessing projected hydro-climate changes in California and other Mediterranean climate regions. Scientific Reports. https://www.nature.com/articles/s41598-017-11285-y
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59 EXTREME HEAT
Extreme heat is a period when temperatures are abnormally high relative to the normal temperature range. There are generally three types of extreme heat events:
• Extreme Heat Days: a day during which the maximum temperature surpasses 98 percent of all historic high temperatures for the area, using the time between April and October from 1950 to 2005 as the baseline.
• Warm Nights: a day between April and October when the minimum temperature exceeds 98 percent of all historic minimum daytime temperatures observed between 1950 and 2005.
• Extreme Heat Waves: a successive series of extreme heat days and warm nights where extreme temperatures do not abate; while no universally accepted minimum length of time for a heatwave event exists, Cal-Adapt considers four successive extreme heat days and warm nights to be the minimum threshold for an extreme heatwave.

SEVERE RAINSTORMS
During severe weather events such as strong storms, rain can fall at such a high rate that it cannot drain away fast enough. The resulting heavy rain can cause flooding, leading to inundation and potential damage to buildings, road networks, public areas, utilities, • Source: https://www.accuweather.com/en/weather-news/what-are-santa-anawinds-2/343027 Figure 3-5: Santa Ana Winds
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60 and other critical pieces of infrastructure. In California, heavy rainfall events are often short, intense bursts of rain, but in some cases, heavy rain can persist for multiple days

LOCATION AND EXTENT

SEVERE WIND
In Southern California, the most common type of severe wind event is called the Santa Ana winds. High pressure over Nevada and Utah, often during the fall and winter months, forces air down from the high desert toward the ocean. As the winds descend, they heat up and increase in speed, sometimes carrying particulate matter and aggravating the respiratory health of those who have allergies. Ontario is often affected by Santa Ana winds blowing through the San Gabriel and San Bernardino Mountain ranges via the Cajon Pass. Santa Ana winds are a contributing factor to the threat and spread of wildfires in California. Santa Ana winds can damage the electrical distribution infrastructure, creating wildfire ignitions due to arcing or downed power lines. Santa Ana winds can also result in rapid fire spread from ordinarily contained or small fires such as vehicle fires or fires caused by discarded smoking materials. Depending on the severity of the wind event, any part of the city can be affected by severe winds.

Generally, winds are measured using the Beaufort scale, developed in 1805, which categorizes wind events on a force scale from 0 to 12 using their speed and impacts. Any wind classified as force nine or above is generally considered a severe wind event. Table 3-12 identifies the Beaufort scale, which classifies wind events in detail.

Table 3-12: Beaufort Scale
Force Speed
(mph)
Description
0 0 to 1 Calm: Smoke rises vertically
1 1 to 3 Light air: The direction of the wind is shown by smoke drift but not wind vanes. 2 4 to 7 Light breeze: Wind is felt on the face, leaves rustle, and wind vanes are moved.
3 8 to 12 Gentle breeze: Leaves and small twigs are in motion, and light flags are extended.
4 13 to 18 Moderate breeze: Dust and loose paper become airborne, and small branches are moved.
5 19 to 24 Fresh breeze: Small trees begin to sway
6 25 to 31 Strong breeze: Large branches are in motion, and using an umbrella becomes difficult.
7 32 to 38 High wind: Whole trees are in motion and walking against the wind can be hard.
8 39 to 46 Strong wind: Walking is difficult, and twigs break off trees. 9 47 to 54 Severe wind: Slight structural damage.
10 55 to 63 Storm: Trees are uprooted and considerable damage to structures. 11 63 to 72 Violent storm: Widespread damage.
12 73 and
above
Hurricane: Devastating damage.

Source: https://www.weather.gov/mfl/beaufort
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61 EXTREME HEAT
Extreme heat events will feel different from region to region since different areas have different historic high temperatures. For example, an extreme heat day on the coast will feel different than an extreme heat day in the High Desert. The reason for this is how humidity affects the perceived heat that people feel. Humid conditions will make a day feel hotter than non-humid conditions, even though the temperature may be the same.

The difference between the perceived and actual temperatures is known as the “heat index.” To illustrate the effect of the heat index, a 90-degree day with 50 percent humidity feels like 95°F, whereas a 90°F Day with 90 percent humidity feels like 122°F. Figure 3-6 illustrates the National Oceanic and Atmospheric Administration's (NOAA) National Weather Service Heat Index.

Extreme heat events are not limited to any part of the city. They occur with the same intensity and duration at the same time across all locations in Ontario. For Ontario, an extreme heat day involves a temperature that exceeds 103.2°F, and a warm night involves a temperature that exceeds 68.6°F. 23 These thresholds are based on a 2% probability event.
23 https://cal-adapt.org/tools/extreme-heat
Figure 3-6: NOAA’s National Weather Service Heat Index
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62 SEVERE RAINSTORM
The location and size of a rain event vary depending on regional geography and regional and global weather events. For example, small precipitation events may occur in only one section of Ontario. In contrast, a large rain event could inundate a majority of San Bernardino County and other parts of southern California.

California’s precipitation varies from year to year, depending on how much moisture the state receives from atmospheric rivers. Atmospheric rivers are corridors along which wet air travels from the tropics to continents. When the moisture arrives in California, it may precipitate as rain or snow. One of California's most known atmospheric rivers is the “Pineapple Express,” which brings moist air from the ocean surrounding Hawaii to California. An immense amount of moisture may be transported along the atmospheric rivers that cross over California during certain years, leading to severe rains.5F95F 95F 95F 24 Another weather phenomenon influencing rainfall in southern California is “El Niño,” officially referred to as the “Southern Oscillation” or “El Niño-Southern Oscillation (ENSO).” ENSO can cause increased rainfall, particularly during the winter months, caused by warming of the surface of the eastern tropical Pacific Ocean, leading to the evaporation of warm, moist air into the atmosphere. Winds bring this moisture to the eastern Pacific and the American continents, where it falls as rain. ENSO does not always lead to increased rainfall by default, but in general, it can increase the chances of winter with higher-than-usual precipitation. 25, 26
Rain events are usually measured by the amount of precipitation that falls. 27 Table 3-13 categorizes rain events by the amount of precipitation per hour.

Table 3-13: Measuring Heavy Rain Events
Rain Type Description
Heavy Rain More than 4 mm per hour but less than 8 mm per hour Very Heavy Rain Greater than 8 mm per hour
Moderate Shower Greater than 2 mm, but less than 10 mm per hour Heavy Shower Greater than 10 mm per hour, but less than 50 mm per hour Violent Shower Greater than 50 mm per hour
Source: https://water.usgs.gov/edu/activity-howmuchrain-metric.html 24 “What are atmospheric rivers?” https://www.noaa.gov/stories/what-are-atmosphericrivers 25 NOAA. 2014. “What Is the El Niño–Southern Oscillation (ENSO) in a Nutshell? https://www.climate.gov/newsfeatures/blogs/enso/what-el-ni%C3%B1o%E2%80%93southern-oscillation-enso-nutshell 26 NOAA. 2016. “El Niño and La Niña: Frequently Asked Questions.” https://www.climate.gov/newsfeatures/understandingclimate/el-ni%C3%B1o-and-la-ni%C3%B1a-frequently-asked-questions. 27 https://www.climate.gov/enso 454
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63 PAST EVENTS

SEVERE WIND
Severe wind incidents are a common occurrence in the city. Annually the city is subjected to Santa Ana Wind conditions that can cause significant damage to trees, buildings, and vehicles. While the effects of Santa Ana Winds are often overlooked, it should be noted that in 2003, two deaths in Southern California were directly related to the fierce condition. A falling tree struck one woman in San Diego. The second death occurred when a passenger in a vehicle was hit by a pickup truck cover launched by the Santa Ana Winds.

The following are significant events that have affected the city and region in the past:
• January 11, 1989 - Gusts between 80-100 mph hammered the inland empire, and winds shredded a blimp that was moored at Ontario International Airport. • December 24, 1994 - Santa Ana wind gusts reached speeds of 74 mph in Ontario. • October 26, 1993 - Gusts of over 62 mph were reported in the city and exacerbated fires in the Southern California region.
• December 9, 1998 - Strong 83 mph Santa Ana winds tipped over big rigs, snapped power lines, and shut down the Ontario International Airport because the dust was so bad.
• December 25-26, 2000 - Santa Ana winds caused damage and injuries in Ontario, where gusts of over 60 mph were reported.
• December 28, 2006 - A strong Santa Ana wind event knocked down trees and power lines throughout the region.
• October 14 and 15, 2008 - A prolonged Santa Ana Wind event knocked down trees and blew a truck over in Ontario.
• January 06 07, 2003 - Widespread regional Santa Ana winds in the region resulted in 2 dead, 11 injured, and widespread property damage, road closures, downed trees, crop damage, wildfires, and power outages. Gusts reached 90 mph in the city.
• November 29, 2006 - Winds were sustained at almost 60 mph in the city, resulting in property damage and power outages due to downed power lines and trees. • November 01, 2011 - A Santa Ana Wind event caused downed trees; trucks were blown off the freeway in Ontario.
• December 01, 2011 - A Santa Ana Wind event caused wind speeds of more than 65 mph, knocking down hundreds of trees, downing power lines, and overturning trucks throughout the San Bernardino Valley and Ontario. • January 07- 08, 2012 - A storm that hit the region caused wind gusts over 60 mph in the city, knocking down power lines and blowing containers off semi-trucks. • November 2014 - A Santa Ana wind event caused winds of approximately 50 mph, with damage reported throughout the region.
• January 2017 - A series of three storms caused strong winds that knocked down hundreds of trees throughout the region, causing millions of dollars in damage. • October 9, 2017 - A strong Santa Ana wind event caused wind gusts of 70 mph. • October 26, 2020 - Santa Ana winds reached speeds of 80 mph, causing trees to topple and rip out of the ground along Euclid Ave in the city. The winds blew down powerlines and were severe enough to cause the shutdown of all runways and 455
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64 taxiways at Ontario International Airport, forcing arrival flights to be diverted or delayed while departing flights were delayed or canceled. • November 25, 2021 - Santa Ana winds caused trees in the city to topple and uproot.
• January 21, 2022 - A Santa Ana wind event causes a massive tree to topple and crush a 100-year-old duplex apartment building, causing minor injuries.

EXTREME HEAT
Based on Cal Adapt’s historical information (1950 through 2005), the city experiences four extreme heat days per year. During this same period, the city experienced a 4-day heatwave, approximately every four years. Over the past 16 years (2005-2021), the city has experienced an extreme heat event (103° F or higher) every year except 2005. During this period, the temperature reached an average of 108.4° F. The four highest temperatures occurred in 2006 (114°F), 2017 (114°F), 2018 (117°F), and 2020 (118F). 28 In 2022, California experienced one of the worst heatwaves it has ever experienced. From September 1st through September 9th, 2022, temperature records for September were shattered across the western portion of the United States, including Ontario, where temperatures reached 108° F.

SEVERE RAINSTORMS
Ontario and San Bernardino County have experienced heavy rain events that have inundated many communities. Some significant historical events include (it should be noted that past events of major flooding in the region are generally directly tied to severe rainstorms):
• January 14 – 21, 1916 - Severe rainstorms in Southern California, over 8.5” in San Bernardino County, which led to regional flooding, including massive flooding along Euclid Avenue in Ontario. The city was one of several that were cut off and isolated by floodwaters, as roads, railroads, and bridges were washed out. • February 6, 1950 - Heavy rainfall led to the inundation of Chino Creek and the subsequent flooding of Hwy 71 from Ontario to Corona.
• January 13-18, 1952 - Heavy rain hits Southern California in a few waves of storms.

Approximately 5.52” fell in San Bernardino over the six days. Flooding was reported in Ontario as a result.
• July 23 -28, 1956 - Strong monsoon flow hit the region with thunderstorms each day, even west of the mountains. On 7/25, flash flooding struck the City of Ontario and San Bernardino County.
• January 21-22, 1962 - The heaviest winter storm in 13 years struck San Bernardino County, with 2.93 inches in Ontario, resulting in the flooding of streets and neighborhoods in the City.
• February 7 -26, 1962 - A very wet period for Southern California resulted in 20” + in the wettest mountain locations. Twenty were killed, and fifteen were injured in 28 NOAA National Centers for Environmental Information, https://www.ncdc.noaa.gov/cdoweb/datasets/GSOY/stations/GHCND:USW00003102/detail 456
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65 flooding and mudslides. Property damage, trees down, boats damaged. On 2/19, severe flooding was reported in Ontario and San Bernardino County. • March 6 -8, 1968 - Heavy rains led to local flooding, damaging homes, buildings, and schools in Ontario and surrounding cities. There was one drowning death, and debris flows closed several regional highways.
• February 8 -10, 1978 - Heavy rains in the region, including almost 5” of water in Ontario, led to widespread flooding, flash floods, and mudslides, and numerous homes were washed away.
• April 26, 1994 - A strong thunderstorm produced large hail up to 0.75 inches in diameter in Ontario. One to two inches of accumulating hail forced the closure of a section of I-215.
• May 7, 2016 - Heavy rains over Southern California led to flooding in Ontario. Cars were partially submerged near the Ontario International Airport; intersections were closed at Grove Ave/Francis St and Walnut St/Cucamonga Ave, and a roof collapsed at a container business due to the severity of the weather. • December 14, 2021 - Pounding rain and winds led to the collapse of a tree, which toppled and crushed two apartment building units, trapping a woman inside.

Over 3” of rain also led to flooding in some parts of the city. • December 27, 2022 through January 14, 2023 – Numerous back-to-back storms impacted various parts of California over the course of several weeks. While Ontario wasn’t impacted significantly, parts of Ventura and Santa Barbara Counties received significant amounts of rain, causing flooding and evacuations.

This event was part of DR 4699.

RISK OF FUTURE EVENTS

SEVERE WIND
Given Ontario’s history of severe wind events, it is very likely that wind events will continue to impact the city. The most probable source of these events in the future will likely originate from the Santa Ana winds or extreme storms. All expectations are that the probability they will occur again in the future is highly likely.

EXTREME HEAT
As temperatures rise throughout California, the number of extreme heat days will also increase. According to Cal-Adapt data, which relies on NOAA data sources, Ontario experiences extreme heat days. The city historically (1950-2005) experienced, on average, four extreme heat days annually based on this historic period. That number of days increased to 9 days annually from 2006-2021. According to the 2022 Vulnerability Assessment, the city is projected to experience an annual average of 41 extreme heat days by 2100. 29

SEVERE RAINSTORMS
There is no indication that rainfall or severe rain hazards will abate either in Ontario or the greater region of Southern California in the future. While Ontario may experience 29 2022 Vulnerability Assessment Report for the Ontario Plan 2050 Update 457
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66 prolonged periods of dry or wet years, all expectations are that the probability they will occur again in the future is highly likely and anticipated to increase in the future.

CLIMATE CHANGE CONSIDERATIONS

SEVERE WIND/ SEVERE RAINSTORMS
It is anticipated that the atmospheric rivers that deliver storms to Southern California may intensify because of climate change. While the average number of storms in Southern California will remain the same, storms are expected to increase in intensity by 10 to 20 percent. 30 This increase in storm intensity may also bring more intense winds to the Southern California region, including Ontario.

Regarding Santa Ana winds, however, studies indicate that these events may be affected in varying ways. According to one study that examined two global climate models, there is a projected increase in future Santa Ana events. However, other studies have found that the number of Santa Ana events may decrease by about 20% in the future. 31 Given the anticipated increases in temperatures throughout the region, future events are anticipated to become more severe in some cases, even if the total number of events decreases.

Regarding severe storms, climate change is expected to alter rainfall patterns in Southern California, including Ontario. As the climate warms, rain events are predicted to become more intense. Ontario will likely experience more rain inundation events that lead to flooding and increase the potential threat of dam failure, tree mortality, and other potential hazards.

EXTREME HEAT
The primary effect of climate change is warmer average temperatures. The hottest years on record have occurred since 2000, with 2016 and 2020 being tied. 32 As climate change accelerates in the 21st century, it is anticipated that extreme heat events will become more frequent and intense in the city. With the projection that extreme heat days could increase between 22 and 35 days annually by 2100, the city can expect a shift in residential and business needs for cooling and addressing heat-related issues.

Hazardous Materials Release

DESCRIPTION
Hazardous materials release refers to a hazard event whereby harmful concentrations of hazardous or toxic substances are released into the environment. This occurs when storage containers of hazardous materials leak or fail. It can happen due to industrial 30 Atmospheric Rivers to Soak California as Climate Warms. https://www.livescience.com/49225-atmospheric-riversdouble-climate-change.html 31 Hall, Alex, Neil Berg, Katharine Reich. (University of California, Los Angeles). 2018. Los Angeles Summary Report. California’s Fourth Climate Change Assessment. https://www.energy.ca.gov/sites/default/files/2019- 11/Reg%20Report-%20SUM-CCCA4-2018-007%20LosAngeles_ADA.pdf 32 Rebecca Hersher and Lauren Sommer. 2020. “2020 May be the Hottest Year on Record. Here’s the Damage it did.” NPR. https://www.npr.org/2020/12/18/943219856/2020-may-be-the-hottest-year-on-record-heres-the-damage-it-did 458
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67 accidents, vehicle crashes, as a direct result of other disasters (e.g., a flood or earthquake), or as a deliberate act.

The threat that hazardous materials pose to human health depends on the type of material, frequency, and duration of exposure, and whether chemicals are inhaled, penetrate the skin, or are ingested, among other factors. Exposure to hazardous materials can result in short- or long-term effects, including major damage to organs and systems in the body or death. Hazardous waste is any material with properties that make it dangerous or potentially harmful to human health or the environment. Hazardous materials can also cause health risks if they contaminate soil, groundwater, and air, potentially posing a threat long after the initial release.

As part of this analysis, the City also identified the potential environmental justice issues associated with hazardous materials. The mapping prepared in this analysis uses the CalEnviroScreen data set from the California Environmental Protection Agency (Cal EPA). 33 This dataset helps identify California communities most affected by many pollution sources and where people are often especially vulnerable to pollution’s effects.

The dataset uses environmental, health, and socioeconomic information to produce scores for every census tract in the state that is mapped using a scale based on the location's pollution burden. The higher the percentage, the greater the burden and the higher likelihood of environmental justice concerns.

LOCATION AND EXTENT
Hazardous materials and chemicals are used daily in households and businesses throughout Ontario. In addition to the locations of large industrial uses, sources of hazardous materials can originate from seemingly harmless places such as service stations, dry cleaners, medical centers, and almost any industrial business. Hazardous waste can take the form of liquids, solids, contained gases, or sludge, and can be the by-products of manufacturing processes or simply discarded commercial products, like cleaning fluids and pesticides. Figure 3-7 identifies the locations of the hazardous material facilities within the City registered in the Environmental Protection Agency’s Facility Registry Service (FRS). The FRS is a centrally managed database that identifies facilities, sites, or places subject to environmental regulations or of environmental interest. These facilities include anything from grocery stores to gas stations. These locations have been overlayed on the CalEnviroScreen dataset that identifies California communities by census tracts disproportionately burdened by and vulnerable to multiple pollution sources. Figure 3-8, taken from the 2050 Ontario Plan Safety Element, displays the current hazardous material cleanup sites with open cases in Ontario, including sites with an active or unresolved status.
33 California Office of Environmental Health Hazard Assessment. 2018. CalEnviroScreen 3.0 (updated June 2018). https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30 459
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68 In severe situations, Ontario may also be at risk of hazardous materials release events regionally. With the right prevailing wind conditions, airborne toxic material could spread to and impact various parts of the air basin, including Ontario areas.

PAST EVENTS
Ontario has experienced an average of

66.82 hazardous materials spills annually
(2010-2021), reported to the Cal OES Spill
Release Reporting database. Most of these
incidents involve sewage and petroleum
products. Table 3-14 identifies the yearly
releases reported to Cal OES during this
period.

RISK OF FUTURE EVENTS
Most of the release events within Ontario
have occurred due to human error,
malfunctioning equipment, or deliberate
acts. Given this, it is anticipated that future
events within the City will include minor
incidents like the past occurrences
identified. Based on the historical average
data provided by Cal OES in Table 3-14, the
City can expect approximately 5.6 reported
spills per month.

Table 3-14: Ontario Spill Release
Reporting
Year Reported Releases
2010 29
2011 35
2012 34
2013 28
2014 42
2015 75
2016 132
2017 106
2018 99
2019 87
2020 68
2021 28
Annual Avg 66.82
Source: https://www.caloes.ca.gov/cal-oesdivisions/fire-rescue/hazardous-materials/spill-releasereporting 460
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69 Figure 3-7: Hazardous Material Locations in the City of Ontario 461
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70 PAGE INTENTIONALLY LEFT BLANK
462
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71 Figure 3-8: Hazardous Material Cleanup Sites in Ontario 463
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72 PAGE INTENTIONALLY LEFT BLANK
464
City of Ontario 2023 Local Hazard Mitigation Plan
73 CLIMATE CHANGE CONSIDERATIONS
Climate-related natural hazard events, such as an intense flood, could cause hazardous materials releases. These releases could occur due to traffic accidents associated with inclement weather, flooded roadway conditions, or leakage from storage containers due to intense weather events. Climate-related hazards could also exacerbate the effects and impacts of such events. For example, heavier rains could lead to more runoff from contaminated sites. Extreme heat could affect the storage of hazardous materials and is also a concern for the combustibility of these materials. These issues should be monitored during the 5-year implementation period of this plan.

Urban Fire

DESCRIPTION
An urban fire is a fire that causes damage to buildings or infrastructure in an urbanized area. In some minor situations, the fire prompts the evacuation of the building’s occupants, and the fire is contained within a short amount of time by firefighting teams or the building’s fire suppression systems. In severe cases, the fire destroys the building and can spread to other surrounding properties. Common causes of urban fires include stoves that are accidentally left on, short-circuited electrical equipment, improper storage of combustible materials, or mishandling household tools. Breaches in gas pipelines, large transportation accidents, or downed electrical transmission wires may cause larger urban fires. Fires can also be intentionally started by arsonists.

LOCATION AND EXTENT
Most of Ontario’s buildings consist of wooden-frame construction, which is susceptible to catching fire. Even structures that do not have wooden frames, such as large medical facilities or office towers, are at risk of urban fires. These locations contain furniture, papers, plant material, textiles, and other objects that can be ignited. Given that significant portions of the City are developed, urban fires can occur almost anywhere where structures and vegetation can burn.

Fires are also likely to occur where there are major pieces of infrastructure, such as gas pipelines, power lines, or highways. SoCalGas operates large high-pressure gas pipelines within the city. The northernmost pipeline roughly parallels 4th Street, while the other pipeline enters the northeast corner of the city boundary and crosses under the I-10, I-15, and SR-60 as it exits the city to the southwest, finally crossing under Euclid Ave. If this pipeline were to breach and the released gas ignites, any structures located along the extent of the breach would likely catch fire.

SoCal Edison also owns and operates above-ground, high-voltage transmission lines strung from poles within rights-of-way through the city. While there are no structures directly beneath these utility poles in most cases, there are still adjacent structures, trees/ vegetation, vehicles, and areas that contain items that could ignite if a downed power line encountered them. If any of these locations sparked a fire, it could spread to surrounding homes and buildings or produce cinders that could be transported to other locations igniting new fires. Fires could also occur along major transportation routes like 465
City of Ontario 2023 Local Hazard Mitigation Plan
74 many of the large roadways within the City or the I-10, I-15, and SR-60 that run through the city carrying thousands of vehicles daily. While most fires occurring on these transportation routes could be destructive, it is not likely that these types of incidents would impact neighboring properties or spread great distances away from the point of origin. However, in areas of the City where vegetation is located along the edge of transportation routes, the possibility for fire spread increases.

For a fire to occur, the following three elements are required: heat, fuel, and oxygen. If any one of these elements is removed, the fire will extinguish itself. In Ontario, there is abundant fuel given the thousands of structures and flammable objects contained in each of them, and oxygen is nearly always present in most situations. Activity that creates intense heat that is unmonitored or unregulated may lead to the ignition of a fire. The National Institute of Fire and Technology has developed a scale that measures the temperature increase and the kind of fire response that develops. Table 3-15 shows the progression of temperature relative to fire response.

Once a fire has been ignited, it could conceivably grow to an indefinite size if abundant fuel and oxygen are available. For example, a fire that ignites in one house could hypothetically continue to expand and even spread to other adjacent houses if there was enough fuel to link the structures together. Fires in confined spaces may occasionally burn so intensely that they consume all the oxygen available to them and burn out before expanding.

Table 3-15: Fire Susceptibility Based on Temperature Increase Temperature
(°F)
Response

98.6 °F Average normal human oral/body temperature.
101 °F Typical body core temperature for a working firefighter. 109 °F Human body core temperature that may cause death. 111 °F Human skin temperature when pain is felt.
118 °F Human skin temperature causing a first-degree burn injury. 130 °F Hot water causes a scald burn injury with a 30-second exposure. 131 °F Human skin temperature with blistering and second-degree burn injury.
140 °F Temperature when burned human tissue becomes numb. 162 °F Human skin temperature at which tissue is instantly destroyed. 212 °F Temperature when water boils and produces steam. 482 °F Temperature when charring of natural cotton begins. >572 °F Modern synthetic protective clothing fabrics begin to char. ≥752 °F Temperature of gases at the beginning of room flashover. ≈1832 °F Temperature inside a room undergoing flashover.

Source: National Institute of Fire Technology. July 2018. Fire Dynamics 466
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75 PAST EVENTS
The following are some of the major urban fires that have occurred in the past in Ontario:
• 2007 Walker Fire – 166 acres of mainly dairy pasture is burned in the city. • October 2016, JC Horizon Recycling Center Fire – Major blaze burned for three days at the JC Horizon recycling facility when the large store of paper and cardboard caught fire, billowing black smoke into the sky. • April 2019, JC Horizon Recycling Center Fire #2 – Another major blaze burned for two days at the JC Horizon facility, the cause of this second fire was undetermined.

This facility sits near train tracks, and rail traffic was diverted around. • August 2019, Commercial Fire – a large fire ripped through a commercial building in Ontario, prompting firefighters
to respond and contain the
blaze.
• March 16, 2021, Fireworks
Explosion – a cache of illegal
fireworks stored at a house in
Ontario exploded, resulting in two
deaths, $3.2 million in damages to
40 homes, and causing fires in the
affected and surrounding
structures.
• January 2022, Warehouse Fire – Large tire warehouse catches a blaze in Ontario; most of the building was considered a total loss, as well as the majority of contents inside.
• August 2022, Commercial Fire – a fire began outside of a large commercial building, quickly spreading to the interior of the building, where workers managed to escape without injury after they heard explosions. Wooden pallets and raw plastic materials fueled the fire.

RISK OF FUTURE EVENTS
If the conditions for an urban fire exist in Ontario, the city will forever be at risk of experiencing an urban fire event. Given how each fire event has unique origins, it is impossible to predict the precise location or likelihood of an urban fire emerging in the city. Some areas, however, are at an increased risk of an urban fire igniting, such as areas where structures are poorly maintained, locations where vegetation is overgrown, properties storing materials improperly, and/or structures located in close proximity to infrastructure and assets that may be at risk of ignition.

CLIMATE CHANGE CONSIDERATIONS
While climate change has been linked to a potential increase in wildfire events, it is unclear exactly how climate change could influence the ignition or behavior of urban fires in Ontario. Extreme heat events could be linked to increase ignition either due to hotter conditions within the City that lead to drier vegetation or use of infrastructure that could become overloaded and fail (causing sparks). If these conditions occur, urban fire risk could increase over time.
467
City of Ontario 2023 Local Hazard Mitigation Plan
76 Dam Failure/Inundation

DESCRIPTION
Dam and levee failure can result from several causes, such as earthquakes, rapidly rising floodwaters, and structural design flaws. These hazards can occur instantaneously or very gradually, depending on the source of the failure. Inundation associated with these events can potentially cause loss of life, damage property, and other ensuing hazards, as well as the displacement of persons residing in the inundation path.

According to the California Division of Safety of Dams (DSOD), a dam falls under their jurisdiction if its height is greater than 6 feet and impounds more than 50 acre-feet of water or its height is greater than 25 feet and impounds 15 acre-feet of water. Based on these criteria, 1,537 dams fall under DSOD jurisdiction, 39 of which are located within San Bernardino County.

LOCATION AND EXTENT
There are dams that
provide flood protection
and water storage north
of the City. Failure of
these dams would
potentially inundate
parts of the City as
depicted Figure 3-9.

Exhibit A depicts the
location of these dams in
relation to the city. These
dams include:

Jurupa Basin, which is a
29-foot-high earthen
dam built in 2001 by the
County of San
Bernardino Department
of Public Works. With a
7,000-foot crest length,
this dam impounds up to
1,680-acre feet of water
and is considered to
have an extremely high
downstream hazard classification.

Hickory Basin, which is a 19-foot-high earthen dam built in 2001 by the County of San Bernardino Department of Public Works. With a 4,600-foot crest length, this dam impounds up to 220-acre feet of water, a significant downstream hazard, built in 2001.

Exhibit A: Location of Dams in Relation to Ontario
468
City of Ontario 2023 Local Hazard Mitigation Plan
77 San Antonio Dam - is an embankment flood control and debris dam located along San Antonio Creek in San Bernardino County, approximately 6.5 miles northwest of Ontario.

Dam construction was completed in 1956 and is owned and maintained by the U.S. Army Corps of Engineers (USACE), which continues to monitor and improve the structure. The dam is 3,850 feet long, 160 feet above the foundation, and 130 feet above the riverbed.

The main embankment contains 6,050,000 cubic yards of material. The reservoir behind the dam is usually dry but can fill with up to 11,880 acre-feet of water after large flooding events. Dams owned and maintained by the USACE use the Dam Safety Action Classification (DSAC) rating system, displayed in Table 3-17. San Antonio Dam is classified as a High Urgency of Action dam by the USACE.

Table 3-16 identifies the significance of these downstream classifications.

Table 3-16: California Department of Water Resources Division of Safety of Dams – Downstream Hazard Classifications
Downstream Hazard
Potential Classifications
Potential Downstream Impacts to Life and Property
Low No probable loss of human life and low economic and environmental losses. Losses are expected to be principally limited to the owner’s property.

Significant No probable loss of human life but can cause economic loss, environmental damage, impacts to critical facilities, or other significant impacts.

High Expected to cause loss of at least one human life.

Extremely High Expected to cause considerable loss of human life or would result in an inundation area with a population of 1,000 or more. 469
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78 PAST EVENTS
Despite some significant flooding events in the late 1800s and early 1900s, including one in 1862 that wiped out the tiny Santa Ana River hamlet of Agua Mansa near present-day Colton, regional flood management and mitigation wasn’t given a great deal of consideration in San Bernardino County until the Great Flood of March 1938. That deluge claimed 14 lives, left hundreds homeless, and caused an estimated $12 million ($220 million in 2020 dollars) in property damage.

In 1939, the State Legislature passed the San Bernardino County Flood District Act, which empowered the County to begin developing regional flood protection facilities to protect life and property. Today, San Bernardino County Flood Control operates and maintains 14 dams, 119 basins, 82 levees, and more than 250 miles of flood control channels. The dams, levees, and channels are designed to convey runoff around homes and businesses in the valley safely. 34
34 Ibid.

Table 3-17: Dam Safety Action Classification (DSAC) Rating System 470
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79 RISK OF FUTURE EVENTS
With the adoption of SB 92 in 2017, new dam safety requirements mandate that dam owners map the downstream inundation areas for dams governed by the California Department of Water Resources (DWR). In addition to the mapping, owners must prepare Dam Emergency Action Plans that identify the emergency management plans and procedures in place for these facilities. Figure 3-9 identifies the inundation areas mapped for dams upstream from the City. For inundation to occur, as depicted in this map, it is assumed the reservoirs behind these dams are full, and failure occurs suddenly, releasing water in a relatively short amount of time. Failures typically occur from an earthquake, erosion, design flaw, or water overflow condition during intense storms.

CLIMATE CHANGE CONSIDERATIONS
Overall, engineers say that most dams that were built decades ago in the United States are unsuited to a warmer world and stronger storms. 35 Some recent dam episodes have been shown to have a climate change link. In February 2017, at Oroville Dam in California, the tallest in the nation, heavy mountain runoff into the reservoir led to an emergency spillway near failure and severe damage to the main spillway. Nearly 200,000 people were evacuated as a precaution, and repairs cost more than $1 billion. A later study found that an increase in early-season Sierra Nevada runoff contributed to the dam’s high-water levels. This early season runoff can be attributed to human-caused warming. 36
In addition to short-duration extreme precipitation, rainfall of longer duration but less intensity—an overall wetter climate, which climate models forecast for parts of the United States in the coming decades—can contribute to the risk. 37 Overall, the main consideration will be the weather patterns and how rainfall will affect the city and the county, as many of the catch basins and dams in the region connect multiple cities and counties.
35 Fountain, H. 2020. “’Expect More’: Climate Change Raises Risk of Dam Failures.” New York Times. https://www.nytimes.com/2020/05/21/climate/dam-failure-michigan-climate change.html#:~:text=the%20main%20story,'Expect%20More'%3A%20Climate%20Change%20Raises%20Risk%20of%20Dam %20Failures,warmer%20world%20and%20stronger%20storms.&text=The%20dam%20that%20failed%20in,It%20was%20overw helmed%20by%20water
36 Fountain, 2020. 37 Fountain, H. 2020. ‘Expect More’: Climate Change Raises Risk of Dam Failures. The New York Times. https://www.nytimes.com/2020/05/21/climate/dam-failure-michigan-climate-change.html 471
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80 Figure 3-9: San Antonio Dam Inundation Zones
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81 Human-Caused Hazards
(Terrorism, Transportation Incident, Communications Failure)

DESCRIPTION

TERRORISM
Terrorism is the use or threat of force to achieve a particular social or political outcome.

The goals of terrorism may sometimes be overturning a government, the reversal of a public policy, political prisoners' release, and other such motives. Acts of terror may overlap with acts of war or hate crimes. Generally, terrorism involves an attempt to kill or seriously harm people or disrupt civil society by destroying property or infrastructure, attacking government operations at all levels, interrupting essential public services, creating chaos, or a combination of some or all these goals. Firearms and explosives are the most common weapons used among terrorists. In extreme situations, terrorists may gain access to mass destruction weapons, including bioweapons, chemical agents, radioactive materials, or high-yield explosives. It should be noted that these events are infrequent. While incidents of terror caused by foreign individuals or groups receive significant media and public attention, most acts of terror in the United States have been caused by domestic terrorists.

A mass casualty incident describes an incident within the United States where emergency medical service resources, such as personnel and equipment, are overwhelmed by the number and severity of casualties. The more commonly recognized events of this type include building collapses, train and bus collisions, plane crashes, earthquakes, and other large-scale emergencies. The most common types are generally caused by terrorism, mass transportation accidents, or natural disasters. Events such as the Oklahoma City bombing in 1995, the September 11 attacks in 2001, and the 2017 Las Vegas Shooting are well-publicized examples of mass casualty incidents.

TRANSPORTATION INCIDENT
A transportation incident is a crash or other failure involving a vehicle, including a car, truck, or train. This can result from the vehicle operator making an error or environmental conditions preventing the vehicle from being safely maneuvered. Examples of transportation accidents include automobile crashes, freight truck collisions, and train crashes or derailments. It should be noted that small-scale incidents, such as minor collisions between automobiles, would not count as a hazard. Large-scale collisions involving multiple vehicles that shut down a freeway interchange or key underpass could present a hazard to Ontario as it could hinder first responders from reaching victims or prevent residents from evacuating quickly.

COMMUNICATIONS FAILURE
The complete or partial failure of a component or components in a communications network because of malfunction (system, equipment, or infrastructure failure/degradation), natural hazards, or human-caused hazards.

Modern communications systems, such as fiber optic broadband, keep communities connected. In times of crisis, it is even more important for communities to have efficient 473
City of Ontario 2023 Local Hazard Mitigation Plan
82 and effective abilities to communicate information and resilient communications systems in the wake of natural and human-caused hazards or disasters. • Before a disaster (such as forecastable extreme weather events), these systems can broadcast warning information about what is happening and allow residents and businesses to act and potentially mitigate the effects of the hazard. • During an emergency or disaster, these systems allow essential communications services to keep critical local and government services such as first responder dispatch, evacuation instructions, and situational update reports, and allow health care services to keep running effectively.
• After a disaster, communications systems can provide a way for people to connect to important resources or declare their safety through emergency calls, text messages, or even social media updates.

LOCATION AND EXTENT

TERRORISM
Mass Casualty Incidents can occur anywhere, although public spaces and locations where many people congregate (parks, schools, places of worship, government facilities, shopping centers, and public gathering areas) are most common. Critical locations in Ontario may be the Ontario International Airport, large shopping centers (i.e., Ontario Mills), governmental facilities (i.e., City Hall), Toyota Arena, universities and colleges, schools, medical facilities (i.e., Kindred Hospital), parks (i.e., CucamongaGuasti Regional Park), and large employers within the city.

Acts of terrorism may be located at the locations listed above; however, the perpetrators may also choose high-value targets such as electric-generating facilities, water treatment plants, dams or reservoirs, railroads, highways, and other facilities that could impact governmental operations and services. Mass Casualty Incidents and acts of terrorism are typically measured by the fatalities, injuries, and destruction they cause, but there is no universally used scale for measuring these events.

TRANSPORTATION INCIDENT
Major arterial streets like Euclid Ave (US-83), Mission Blvd, Milliken Ave, Haven Ave, Grove Ave, Archibald Ave, and 4th St accommodate a large amount of traffic circulation through the city. These roadways, in addition to the major interstates/ state routes (SR-60, I-10, I-15), accommodate the local and regional transportation needs throughout Ontario and San Bernardino County. The system of railroad infrastructure, which includes both passenger and commercial transportation, are also potential sites for accidents and hazardous materials release. The presence of the Ontario International Airport, which serves as a passenger destination and doubles as the West Coast air hub for delivery services (i.e., UPS, FedEx, and Amazon Air), only increases the potential for transportation incidents. Any one of these major transportation corridors and locations could be the site of transportation accidents that could affect the community and the surrounding areas.

Generally, the scale used to measure transportation accidents is the amount of damage to the vehicle, buildings, or infrastructure and the level of injury and/or death caused to people.
474
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83 COMMUNICATIONS FAILURE
Communication systems connect the entire city, and because of this, no portion of the city is more or less vulnerable to a communications system failure. The exception is any portion of the city where communications system infrastructure isn’t as prevalent or established. Any failure of communications systems could affect the entire city, however depending on the type of failure impacts could be isolated to certain systems or locations. Natural hazards such as earthquakes, flooding, and wildfires can jeopardize communications systems by compromising their infrastructure and power supplies.

Human-caused hazards such as terrorism, hazardous material releases, or cyber-attack could have the same effect on systems infrastructure. Considering such impacts in hazard mitigation planning and projects can bolster a community’s communications systems before the next disaster hits.

PAST EVENTS

TERRORISM
The city has been fortunate not to have experienced any acts of terrorism directly.

However, the following acts of terrorism/mass casualty incident events have occurred within San Bernardino County, California, and the Country:
• 1970 - Bombing of the Stanford Research Institute facility, which caused approximately $500,000 in property damage. No injuries or deaths occurred during this incident. 38
• 1970 - Bombing of a Bank of America Branch, which caused approximately $500,000 in property damage. No injuries or deaths occurred during this incident. 39 • April 1995 - Timothy McVeigh detonated a bomb outside the Alfred P. Murrah Federal Building in Oklahoma City, OK. The blast was so powerful that the Federal Building was destroyed, and more than 300 nearby buildings were damaged or destroyed. The bombing killed 168 people, including 19 children. Timothy McVeigh’s motive for bombing the Federal Building was to inspire a revolution against the federal government. 40
• September 11, 2001 -Terrorists hijacked four commercial airliners. The hijackers flew two planes into the twin towers at the World Trade Center in New York City and one into the Pentagon in Arlington, VA. The fourth plane crashed in a field in rural Pennsylvania. The attacks on 9/11 killed 2,976 people and injured thousands more. 41
• April 15, 2013 - Two bombs detonated near the finish line of the Boston Marathon.

The explosion killed 3 spectators and wounded more than 264 other people. Police captured 19-year-old Dzhokhar Tsarnaev in connection with the bombing; the second suspect, Tamerlan Tsarnaev, died following a shootout with law 38 Global Terrorism Database. 2020. “1970-10-18”.
https://www.start.umd.edu/gtd/search/IncidentSummary.aspx?gtdid=197010180001 39 Global Terrorism Database. 2020. “1970-10-26”. https://www.start.umd.edu/gtd/search/IncidentSummary.aspx?gtdid=197010260001 40 Federal Bureau of Investigation. Famous Cases and Criminals. https://www.fbi.gov/history/famous-cases/oklahomacity-bombing 41 Federal Bureau of Investigation. Famous Cases and Criminals. https://www.fbi.gov/history/famous-cases/911- investigation
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84 enforcement. Investigators concluded that the Tsarnaev brothers planned and carried out the attack independently and were not connected to any specific terrorist group. 42
• 2014 - A teenager who had reportedly threatened terrorist action against the U.S.

Open of Surfing event attendees was arrested. 43
• May 2015 - Two Anaheim-based men were arrested at a Transportation Security Administration checkpoint at the Los Angeles International Airport who had reportedly sworn allegiance to the Islamic State of Iraq and Syria (ISIS). One of these men, Muhanad Badawi, was a student at Fullerton College. 44 • December 2015 - A mass shooting and terrorist attack committed by a married couple who had reportedly sworn allegiance to ISIS killed 14 people at a medical facility in the city of San Bernardino. 45
• October 2017 - Stephen Paddock opened fire on the Route 91 Harvest Festival concert from an elevated position at the Mandalay Bay Hotel in Las Vegas. The attack resulted in 58 people killed and 851 injured. Paddock shot and killed himself before responding officers reached him. The FBI Behavioral Analysis Unit determined no clear motivation for the attack. Although this attack did not occur in California, many California residents were affected by the event as more than half the 58 people killed were from California. Off-duty Ontario Police Officer Michael Gracia, who was critically injured after being shot in the head; thankfully he survived and has since returned to duty. 46
• May 2022 – Payton S. Gendron opened fire with an illegally modified semiautomatic rifle at the Tops grocery store in Buffalo, New York. Ten people were killed and three were wounded in the attack. Gendron plead guilty to terrorism and murder charges in the attack and was sentenced to life without the chance of parole. According to a document written by Gendron, the shooting was racially motivated, and he chose the location because it was in a particular area of the city that had the highest percentage of African Americans. 47

TRANSPORTATION INCIDENT
The city experiences vehicle transportation incidents daily; however, the severity and resulting injuries and fatalities vary. According to statistics gathered by City-Data.com, there is an average of 14 fatal motor vehicle accidents per year in the city. The following are examples of some transportation incidents in the city:
• December 1993 – A man was struck and killed by a Metrolink train while walking on the tracks near the Ontario International Airport.
42 History.com Editors. June 2019. Boston Marathon Bombing. https://www.history.com/topics/21st-century/bostonmarathon-bombings 43 Connelly, L., and S. Emery. 2014. “Teen Arrested for Terrorist Threats Toward US Open.” Orange County Register. July 26. 44 Winton, R. 2016. “Two O.C. Men Convicted of Conspiring to Fight with Islamic State.” Los Angeles Times. June 21. 45 Global Terrorism Database. 2020. “2015-12-02.” https://www.start.umd.edu/gtd/search/IncidentSummary.aspx?gtdid=201512020012 46 Los Angeles Times Staff. “Las Vegas Shooting Victims: Portraits of the Fallen.” October 2017. https://www.latimes.com/projects/la-na-las-vegas-shoot
47 Morales, M., Levenson, E., and Sgueglia, K. “Buffalo Grocery Store Mass Shooter Pleads to Terrorism and Murder Charges in Racist Attack.” CNN. November 2022. https://www.cnn.com/2022/11/28/us/buffalo-tops-grocery-shooting-paytongendron-plea/index.html 476
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85 • June 2011 – a female pedestrian was struck and killed by a Union Pacific train. • May 2017 – a man was struck and killed by a train while sitting on a cement curb next to the Union Pacific tracks under the Euclid Ave overpass. • July 2021 – A man was killed when he collided with a tractor-trailer and another vehicle on the I-15 in Ontario.
• June 2020 – A semi-truck collided with a vehicle forcing it into the rear end of another semi-truck, fatally injuring a man, woman, and minor passenger. • September 2021 - One person was killed when a semi-truck collided with the rear of another semi-truck on the SR-60 freeway.
• October 2022 – A woman was killed after a collision between her vehicle and a semi-truck on SR-60.
• August 2021 – A pilot was taken to the hospital with minor injuries after making an emergency landing in an empty field near Ontario Ranch.

Transportation incidents can also include the release of hazardous materials depending upon the materials being transported through and within the City.

COMMUNICATIONS FAILURE
No incidents of past communications failure have occurred within the City. While this may be the case today, there is always a risk that future failures may occur, which could significantly impact City functions and operations.

RISK OF FUTURE EVENTS

TERRORISM
Given that mass casualty incidents and acts of terrorism stem from a variety of factors:
economics, societal pressures, mental health, global geopolitics, warfare, religion, etc.— it is impossible to predict when and where an incident could occur. Ontario International Airport is a significant facility with state and national importance. While important, it is anticipated that any future incidents would likely originate domestically and are less likely to attract the attention of international terrorist groups. Incidents of these types are more likely to be conducted by smaller organizations or individuals aligned with greater-known organizations, although the effects may be no less significant. Given the presence of this facility as well as a convention center, sports arena, large shopping center, numerous schools, and large employers within the city, the potential does exist for mass-casualty incidents/acts of terrorism.

TRANSPORTATION INCIDENTS
It is a certainty that transportation accidents will continue. While it is possible to guard against such events and implement safety measures, it is impossible to prevent all future events. Due to the presence of Ontario International Airport, as well as the large volume of traffic on streets, highways, and railroad tracks in and around the City, the likelihood of future incidents is high. All of these incidents can occur with the potential to cause delays or detours to traffic in and around the city, cause damage to critical roadways/infrastructure, and, more importantly, injure or kill people. 477
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86 COMMUNICATIONS FAILURE
The potential for a communications failure will exist as long as the City relies on systems for these communication purposes. The risk of failure is anticipated to increase during emergency events. Infrastructure failure due to either natural or human-caused hazards will not diminish as infrastructure ages and the City’s population increases. As technology advances, so too have the dependence upon modern communications systems, making this hazard a more prevalent concern for the City.

CLIMATE CHANGE CONSIDERATIONS

TERRORISM
The link between mass casualty incidents/terrorism and climate change is not well understood. It has been suggested, however, that the impacts of a changing climate may exacerbate existing social, political, religious, and ethnic tensions. For example, longer, more intense droughts may restrict food supply or place limits on economic growth for cities, regions, or even whole countries. Nevertheless, the likelihood of climate change impacting mass casualty incidents/acts of terrorism in Ontario is negligible since these changes are more likely to impact developments on the national or international level.

TRANSPORTATION INCIDENTS
Climate change is not likely to impact transportation accidents in the future within Ontario.

COMMUNICATIONS FAILURE
Climate change is not anticipated to directly impact communications failure. However, as previously mentioned, as technology advances and our dependence upon it grows, climate change could degrade unhardened infrastructure, potentially causing system failures to occur.
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87 Chapter 4 – Threat and Vulnerability
The threat assessment process looks at the potential harm of each hazard event discussed in Chapter 3.

Threat Assessment Process
The threat assessment process analyzes the harm Ontario may experience from a hazard event but does not consider its likelihood, thus giving equal consideration to hazards that are more likely (e.g., earthquakes, flood) and less probable hazards (e.g., dam failure).

The threat assessment examines three aspects of each hazard: the physical threat to facilities, the social threat to vulnerable populations, and the threat to any other assets that may be affected.

Critical Facilities and Facilities of Concern
Critical facilities (CF) consist of properties and structures that play important roles in government operations and the services they provide to the community. Examples of CFs include local government offices and yards, community centers, public safety buildings like police and fire stations, schools, and other properties a city has deemed essential for its operations. Critical Facilities may also serve dual roles if a city designates them as public assembly points during an emergency. Critical Facilities are often owned by the City, but some may also be owned and operated privately, such as some utilities and telecommunication infrastructure. Facilities of concern (FOC) are similar to critical facilities, however they may not be owned by the City or their purpose and function is not as important to the function of the City after a disaster. These facilities are identified to ensure the City understands their potential vulnerability to the hazards of concern.

The HMPC identified a total of 195 facilities [118 CFs and 77 FOC] in Ontario that fall into 7 categories based on their function or characteristics. Table 4-1 shows the number of CFs and FOC in each category, the total estimated replacement value for these facilities, and examples of the type of facility in each category. Appendix D has a complete list of the CFs and FOC used in this analysis. Figure 4-1 shows the locations of CFs and FOC in Ontario that were mapped, however due to security concerns, some facilities were not mapped as part of this process.

The potential loss values identified in subsequent tables are based on the City’s total insured value using the City’s Insured Asset Inventory. It is intended to provide an estimate of the replacement cost if the property/ structure is completely or severely damaged.

The actual costs of repair could be smaller or larger than the provided estimate. Since the data comes from the City’s Insured Asset Inventory, any facilities not owned by the City will not have a replacement value listed. Where this occurs, “N/A” has been used within the table.
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88 Based on the available data provided by the City, there is a minimum of $723,662,462 worth of City-owned assets that were analyzed. The total potential loss value of all Cityowned and non-City-owned assets is much higher but is unknown due to data limitations.

The greatest potential for loss among City-owned assets comes from the Water and Wastewater Infrastructure inventory, which includes but is not limited to, reservoirs, pump stations, pump houses, and holding tanks located throughout the city. The next critical facility category with the greatest potential for loss would be Emergency Operations, which includes Police and Fire Department facilities and equipment, while Government Operations is the third highest potential loss among critical facilities.

The city owns and operates both Toyota Arena and the Ontario Convention Center; while not considered critical facilities to city function, they are major facilities of concern for the city, and combined, they represent a significant portion of insured assets. Both facilities could be used in emergency situations, such as evacuation centers, relief/aid stations, first responder staging points, or other facilities to assist with City operations.

Another major facility of concern would be the Ontario International Airport which the City owns partially with San Bernardino County as part of the Ontario International Airport Authority.

To better understand the magnitude of impacts, this plan identifies representative percentages of potential impact based on the total valuation of City assets. For planning purposes, we identified different tiers of impact that could occur. It is reasonable to assume that impacts would not exceed 50% of the total asset value city-wide during a single event. The following are parameters to help understand how much a proposed investment/improvement compares to the existing assets within the City:
• 1% Impact - $7,236,624
• 5% Impact – $36,183,123
• 10% Impact – $72,366,246
• 20% Impact - $144,732,492
• 50% Impact - $361,831,231
The possibility that all facilities will be completely damaged simultaneously is extremely rare. Based on the hazard, most impacts are anticipated to be isolated to certain locations. This estimate does not include the value of underground infrastructure and surface drainage facilities owned and operated by the City. 480
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89 Table 4-1: Critical Facilities and Facilities of Concern in Ontario Category Number of
Facilities
Examples Potential
Loss
Critical Concern
Government
Operations, Modular
16 6 City Hall, City Hall East, City Hall
Annex, Support Buildings,
Corporate Yard, Hazardous
Waste Facility, Modular Buildings
$32,427,589
Emergency
Operations
19 0 Police Station, Fire Stations, Fire
Equipment (Engines)
$101,685,766
Water and
Wastewater
Infrastructure,
Pressure Reducing
Systems
78 0 Reservoirs, Holding Tanks, Pump
Houses/Stations, Booster Stations,
Pressure Reducing Systems, etc.
$144,246,194
Recreational,
Cultural, and
Community Centers
4 43 Toyota Arena, Ontario
Convention Center, Museums,
Parks, Community Centers, etc.
$350,837,881
Warehouse,
Household
Hazardous Waste
Storage
0 2 Fiber Optic Equipment,
Warehouses, Various Buildings
and Equipment.
$30,000,000
Residential 0 20 Residential Properties $10,134,845
Other (Ontario
International Airport,
Fiber Optics, Various
Equipment)
1 6 Partial Ownership with County of
San Bernardino as part of
Ontario International Airport
Authority (No Value Provided),
Fiber Optics, Various Equipment.
$54,330,187
Total 118 77 --- $723,662,462
* Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
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90 Figure 4-1: Critical Facilities and Facilities of Concern 482
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91 Vulnerable Populations
Factors such as age, physical and/or mental condition, socioeconomic status, access to key services, and many other factors affect the ability of people to prepare for and protect themselves and their property from a hazard event. Even though some hazard events may impact all parts of Ontario with equal severity, different people may experience the impacts differently. Higher-income households, for instance, are likely more able to afford the cost of retrofitting their homes to resist flooding or, alternatively, move to a location that is less prone to flooding than a lower-income household. As a result, the higher-income household is less likely to experience significant damage during a flood event than the lower-income household, even if the same amount of rain falls on both.

A social threat analysis examines how hazard events are likely to impact different demographic populations in Ontario and where these different demographic populations live in the city. This includes assessing whether the people in an area of an elevated hazard risk are more likely than the average person to be considered a threatened population. The social threat analysis uses the following criteria to assess the threat to vulnerable populations:
• Disability status: Persons with disabilities may often have reduced mobility and experience difficulties living independently. As a result, they may have little or no ability to prepare for and mitigate hazard conditions without assistance from others.
• Income levels: Lower-income households are less likely to have the financial resources to implement mitigation activities on their residences. They may also struggle with having the necessary time to find and access educational resources discussing hazard mitigation strategies. Furthermore, lower-income households are less likely to be able to move to safer areas that are less at risk of being impacted by a hazard. The national poverty limit standard for the U.S. for a four-person family is approximately an income of $26,500 or less. For San Bernardino County, the FY 2021 Low-Income Limit for a four-person family, according to the 2050 Ontario Plan Housing Element (HUD), is $63,200.
• Seniors (individuals at least 65 years of age): Seniors are more likely to have reduced mobility, physical and/or mental disabilities, and lower-income levels, all of which may decrease their ability to prepare for and mitigate a hazard event.

Table 4-2 shows the amounts of people in Ontario who meet at least one of the criteria for threatened, vulnerable populations. For more detailed demographic information, please refer to Chapter 2.
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92 The social threat analysis also shows the threat other populations may encounter. For example, people experiencing homelessness or people without access to lifelines (vehicles or communication networks) may experience greater hardship in evacuating or recovering from a disaster. Since data for these groups are not readily available, there is no definitive way to determine the amount of these persons in areas of elevated risk, so this assessment will discuss how these other threatened groups may be affected on a general level.

Table 4-2: Ontario Threatened-Population Metrics
Threatened Population Metric Community-Wide Data
Population 178,194
Households 50,599
Median household income $77,788
Renter Households 42.2%
Percentage of households with at least one person living with a disability

24.6%
Percentage of households living under the poverty limit 12.4% Percentage of households with one member aged 65+ 24.9% Source: US Census Bureau, 2016-2020 American Community Survey and 2022 Estimates Data Limitations and Notes on Vulnerability Tables
Due to data limitations, the data comparing the hazard zone population with the citywide population comes from two separate sources. The citywide data comes from the US Census Bureau’s American Community Survey, and the hazard zone population data comes from ESRI’s Business Analyst reports. As a result, there may be minor discrepancies in comparing the two data sets. The data that should be considered correct for this plan is the ACS data reported in Chapter 2.

Other Assets
In addition to the City’s designated inventory of CFs/FOC and vulnerable populations, hazard events could threaten other important assets to Ontario. These assets may include services, artistic or cultural landmarks, or local economic activities. The threat assessment describes the potential harm to these other assets based on available information.

Threat Profiles
Seismic Hazards/Geologic Hazards

PHYSICAL THREAT

SEISMIC SHAKING
Many physical assets in the city are estimated to experience the same seismic shaking intensity, ranging from 85 to 95% g (shaking intensity in relation to the earth’s gravity).

Therefore, all facilities could be damaged during a significant seismic event, which would 484
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93 be extremely costly for the City. If all facilities were damaged at the same time during a seismic shaking event, it can be assumed that the City would incur a percentage of the maximum potential loss of its physical assets. Assuming 20% of the City’s assets are impacted, this potential loss could amount to over $144 million. Underground physical assets, like pipelines or utilities, could be damaged if seismic shaking were strong enough to cause a rupture. In such a scenario, natural gas and water delivery service to Ontario homes and businesses would be incapacitated until repairs are completed. Table 4-3 displays these potential scenarios and losses that could incur should shaking reach the described threshold. Figure 4-2 displays the CFs and FOCs within the city’s seismic shaking potential hazard zones.

Table 4-3: Critical Facilities and Facilities of Concern (Seismic Shake 0.85 to 0.95G)
Category Number of Facilities Potential Loss**
Critical Concern
Government Operations,
Modular
16 6 $32,427,589
Emergency Operations (Police,
Fire)
19 0 $101,685,766
Water and Wastewater
Infrastructure, Pressure
Reducing Systems
78 0 $144,246,194
Recreational, Cultural,
Community Centers
4 43 $350,837,881
Warehouse, Household
Hazardous Waste Storage
0 2 $30,000,000
Residential 0 20 $10,134,845
Other (Ontario International
Airport, Fiber Optics, Various
Equipment)
1 6 $54,330,187
Total 118 77 $723,662,462
*Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
** Based on the City of Ontario insured replacement values 485
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94 Figure 4-2: Seismic Shaking Physical Threat
486
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95 SUBSIDENCE
Subsidence can influence both the built and natural environment. Because water lines are gravity-driven, a change in elevation due to subsidence could make the system more inefficient. Structures built in areas experience subsidence may require retrofitting or relocation. Subsidence could also irreversibly decrease an aquifer’s capacity to store water. Table 4-4 shows 76 CF, and 70 FOC could be affected by land subsidence in the city, resulting in a loss of almost $394 million. Figure 4-3 displays the CFs and FOC within the city’s land subsidence hazard zones.

Table 4-4: Critical Facilities and Facilities of Concern (Land Subsidence) Category Number of Facilities Potential Loss**
Critical Concern
Government Operations, Modular 16 6 $32,427,589
Emergency Operations (Police, Fire) 16 0 $88,309,578
Water and Wastewater Infrastructure, Pressure
Reducing Systems
40 0 $56,043,956
Recreational, Cultural, Community Centers 4 41 $172,484,509 Warehouse, Household Hazardous Waste Storage 0 2 $30,000,000 Residential 0 18 $9,371,914
Other (Ontario International Airport, Fiber Optics,
Various Equipment)
0 3 $5,062,608
Total 76 70 $393,700,154
*Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
** Based on the City of Ontario insured replacement values

SOCIAL THREAT
The risk of a seismic event is a danger to all groups in Ontario though some are more threatened than others.

SEISMIC SHAKING
Seniors, pregnant women, and persons with disabilities are more threatened by seismic shaking since they may have limited mobility and may be unable to reach shelter in time.

Even if these groups reach shelter in time, they may find themselves trapped if furniture or building components have fallen around them. Renters and low-income people are also more threatened by seismic shaking since these groups may live in homes that are not properly retrofitted to survive the stresses of a seismic event. These groups may not be able to absorb the costs associated with repairing their homes or looking for new housing should their existing one be too damaged for occupancy. Table 4-5 displays the threatened populations in Ontario associated the seismic shaking scenarios. 487
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96 Figure 4-3: Land Subsidence Physical Threat
488
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97 SUBSIDENCE
While subsidence can cause significant issues with physical infrastructure, many of the social impacts can be related to where people live and work. Subsidence can impact the safety of homes and businesses. Buildings could gradually sink due to subsidence, causing minor issues such as cracks or misalignments of doors and windows or more costly problems such as sinkholes. These issues could impact residents living in older homes, which may not have been built with foundations reinforced with steel. Because insurance companies may not cover damages caused by subsidence or other geologic hazards, lower-income households may find it financially difficult to cope with subsidence. Table 4-6 displays the populations characteristics of those in Ontario threatened by land subsidence. Approximately 80% of the city’s residents live in an area with land subsidence and share similarities with the demographics of the entire City.

OTHER THREATS

SEISMIC SHAKING
As early earthquake warning systems become operational soon, it can be expected that utilities will take advantage of these advance warnings to shut off gas, water, and power Table 4-5: Seismic Shaking Threatened Populations
Threatened Population Metric Seismic Shake
Threshold

0.85 to 0.95g
City of
Ontario
Population 178,194 178,194
Households 50,599 50,599
Median household income $77,788 $77,788
Renter Occupied Households 42.2% 42.2%
Percentage of households with at least one person
living with a disability

24.6% 24.6%
Percentage of households living under the poverty limit 12.4% 12.4% Percentage of households with one member aged 65+ 24.9% 24.9% Table 4-6: Land Subsidence Threatened Populations
Threatened Population Metric Land
Subsidence
City of
Ontario
Population 144,159 178,194
Households 41,652 50,599
Median household income $74,452 $77,788
Renter Occupied Households 42.2% 42.2%
Percentage of households with at least one person living with a disability

25.5% 24.6%
Percentage of households living under the poverty limit 13.0% 12.4% Percentage of households with one member aged 65+ 25.8% 24.9% 489
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98 transmission to control any potential leaks following the seismic shaking. Authorities may have enough time to halt the use of infrastructure or move workers to safe locations away from hazardous conditions. Workers could cease their activity and take shelter until they can be safely evacuated. Therefore, all services could be non-operational during the shaking event and remain inactive until authorities are confident that it is safe to reactivate utilities and return employees to their workplaces. The length of this time would vary depending on the magnitude of the event. A significant earthquake would likely put utilities out of commission and halt any employment activity in the city for a few hours or several days. The city and the region would experience reduced economic activity during the outage period, which would not be felt for weeks, months, or years later.

Structures such as telephone poles or power transmission towers felled by the shaking could block roadways and prevent emergency response teams from reaching victims or evacuees who need assistance.

SUBSIDENCE
If subsidence occurred in Ontario, causing impacts to homes and businesses, the City would need to identify the locations of impact and potential triggering event. While groundwater extraction is currently being managed to prevent further subsidence, other events like earthquakes could exacerbate these conditions. Damage to roads, rail lines, and underground pipes (water, wastewater, and natural gas) is likely to be impacted during a subsidence event. As a result, the areas impacted by these effects could experience a loss of city services and potential congestion if roadways are impacted.

CHANGES IN POPULATION PATTERNS AND LAND USE AND DEVELOPMENT

SEISMIC SHAKING
Based on the recent update to TOP 2050 (General Plan), it is not anticipated that population patterns will change over the next 20 years. While this may also be true concerning land use and development, if a strong earthquake impacts the city, there is the potential that older structures in the northern part of the city may be impacted more severely than newer structures in the southern part of the city.

SUBSIDENCE
Although subsidence is being monitored throughout the city, its effects happen very slowly, and the impacts cause minor damage to structures that can be repaired.

Because of this, subsidence is unlikely to cause changes in population patterns as well as land use and development. The City’s development review process will identify steps to mitigate or prevent future subsidence.

Flood

PHYSICAL THREAT
Portions of the city are located within the 100-year flood zone (1.0% Annual Chance of Flooding) and the 500-year flood zone (0.2% Annual Chance of Flooding). Any physical assets within these mapped boundaries can potentially be inundated if enough precipitation falls, exceeding the storm drain infrastructure design capacity in these areas. Electronic or mechanical equipment on the ground could be impacted causing 490
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99 it to fail. Table 4-7 identifies that no physical assets within the City are located in the 100- year flood zone. Table 4-8 identifies the physical assets within the City located in the 500- year flood zone, which includes 39 CF and 26 FOC. In total, these facilities are valued at over $187 million. Figure 4-4 depicts the locations of CFs and FOCs located in FEMAdesignated flood zones, which include the 100-Year Flood Hazard (blue), 500-Year Flood Hazard (orange), and Areas with Reduced Flood Risk Due to Levee (yellow).

Table 4-7: Critical Facilities and Facilities of Concern (100-Year Flood) Category Number of
Facilities
Potential
Loss*
Critical Concern
Government Operations, Modular 0 0 -
Emergency Operations 0 0 -
Water and Wastewater Infrastructure, Pressure
Reducing Systems
0 0 -
Recreational, Cultural, Community Centers 0 0 -
Warehouse, Household Hazardous Waste Storage 0 0 -
Residential 0 0 -
Other (Ontario International Airport, Fiber Optics,
Various Equipment)
0 0 -
Total 0 0 -
* Based on the City of Ontario insured replacement values Table 4-8: Critical Facilities and Facilities of Concern (500-Year Flood) Category Number of Facilities Potential Loss*
Critical Concern
Government Operations, Modular 1 1 $501,923
Emergency Operations 8 0 $9,424,389
Water and Wastewater Infrastructure,
Pressure Reducing Systems
30 0 $53,488,676
Recreational, Cultural, Community
Centers
0 21 $93,464,816
Warehouse, Household Hazardous
Waste Storage
0 1 $30,000,000
Residential 0 3 $508,862
Other (Ontario International Airport,
Fiber Optics, Various Equipment)
0 0 -
Total 39 26 $187,388,666
* Based on the City of Ontario insured replacement values 491
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100
Figure 4-4: Critical Facilities and Facilities of Concern in FEMA Flood Zones 492
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101

SOCIAL THREAT
Floodwaters in both the 100-year zone and the 500-year zone are anticipated to rise to a depth of no more than one foot above the base flood elevation. Flooding of this type would likely inundate curb cuts and sidewalks to some extent. People who walk or bike as their primary form of transportation may encounter difficulties if they do not have access to an alternative means of transportation. Seniors, persons with disabilities, and low-income persons are also likely to be impacted during these events. Table 4-9 shows the proportion of Ontario’s vulnerable populations that face a greater threat from a flood event. Based on the information in Table 4-9, the median household income in both the 100-year and 500-year flood zones is lower than the citywide average. The threat of flood hazards is especially a concern for those living in the 500-year flood zone, as this affects approximately 39% of the city’s population.

Persons experiencing homelessness who are outside during flood conditions may experience property damage or be unable to access shelter. Though floodwaters in Ontario are not expected to exceed a depth of one foot in many areas, six inches of floodwater may render any makeshift structures uninhabitable during a flood event.

Possessions such as sleeping bags or electronic devices may be damaged or swept away by these floodwaters.

Additionally, the 2022 Vulnerability Assessment has identified the following populations as flood-threatened populations 48:
• Households with financial instability.
• Persons that spend an extended amount of time outdoors. • Persons with existing health conditions or limited mobility. • Persons with language barriers and citizenship uncertainty. • Persons living in mobile homes.
• Overcrowded households.

OTHER THREATS
Flooding may temporarily stop any type of transportation in the City. Debris from floodwaters can block roadways, hinder vehicle access, and potentially affect emergency response services. One foot of rushing water is enough to carry small vehicles, depending on the velocity. A severe flood situation may prevent people who own smaller vehicles from driving to work, leading to reduced economic activity. Severe flooding that causes serious damage to homes and businesses may also reduce economic activity until repair work is completed.
48 Placeworks. 2022. Vulnerability Assessment Report for the Ontario Plan 2050 Update. https://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/The%20Ontario%20Plann/Safety/TOP_27_Ontario_VAReport_Final.pdf 493
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102

CHANGES IN POPULATION PATTERNS AND LAND USE AND DEVELOPMENT Flooding could affect population patterns within the city as the median household income in both the 100-year and 500-year flood zones is lower than the citywide average, and 64% of the households in the 100-year flood zone are renter occupied. If, after a flood, homeowners in these flood zones cannot afford to fix their homes, or landlords no longer wish to own a rental home in these areas, they will move out of the area. If homes in the low flood-risk areas within the city are more expensive, a person looking to move out of the flood zone may consider leaving the city altogether.

It is unlikely that flooding will affect land use and development patterns because the development review process ensures flood related impacts are mitigated or minimized.

Extreme Weather (Severe Winds, Extreme Heat, Severe Rainstorms)

PHYSICAL THREAT

SEVERE WINDS
Intense winds likely present the greatest threat to physical structures, particularly from trees or branches that fall on buildings/vehicles, causing substantial damage. Older structures that have deferred maintenance or have not been retrofitted for high wind conditions may suffer greater damage than newer/updated structures. Utility lines and wooden utility poles face an elevated threat from wind, as do buildings without reinforced roofs. Often utility poles and trees suffer impacts during high wind events if they occur after a significant rain event. During these events, saturated soils around the base of the tree/pole may be unable to hold up to the strains placed on it by strong winds causing it to fall over.

Trees, tree branches, and other objects have the potential to fall on powerlines and other electrical infrastructure during a severe windstorm, causing power outages throughout the city. Another physical threat of severe wind is wildfire impacts and electric utilities' current practice of conducting Public Safety Power Shutoff activities. During high wind Table 4-9: Flood-Threatened Populations
Threatened Population Metric Flood
Hazards
(100 Years)
Flood
Hazards
(500 Years)
City of
Ontario
Population 841 70,193 178,194
Households 248 19,061 50,599
Median household income $50,681 $75,200 $77,788
Renter Occupied Households 64.1% 49.6% 42.2%
Percentage of households with at least one
person living with a disability

27.8% 23.3% 24.6%
Percentage of households living under the
poverty limit

31.4% 12.2% 12.4%
Percentage of households with one member
aged 65+

12.4% 22.5% 24.9%
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103
events, these shutoffs may impact structures that rely on electricity for normal operations.

See social threats for population impacts that may also occur because of these events.

EXTREME HEAT
Extremely high temperatures can cause roads to deform and buckle as the pavement expands in the heat, especially in areas that have not been maintained well. Power lines and other electrical grid components become less effective in higher temperatures and may be damaged due to stress during extreme heat events. Urban heat islands occur when natural land cover is replaced with concentrations of pavement, buildings, or other surfaces that absorb and retain heat. Buildings with dark pavement will absorb more heat than surfaces with vegetation or lighter materials that are better at reflecting the sun’s energy. This urban heat island effect is strongest during the summer when solar radiation is strongest.

SEVERE RAINSTORMS
Physical threats associated with severe rainstorms are similar in nature to those identified in the Flood discussion above.

SOCIAL THREAT

SEVERE WIND
Severe wind events can harm people throughout Ontario but have a greater effect on the safety of people experiencing homelessness and those working outdoors. Populations that work outside or have respiratory illnesses may be impacted by severe wind events as they can generate dust and other contaminants that can affect the health of residents and workers. Lower-income residents, who may not have the financial resources to purchase homes (or are renting homes) that are not built or retrofitted to withstand powerful winds, could also have difficulty recovering from wind events.

EXTREME HEAT
Whereas a heat event can be relatively harmless for those with a reliable means of staying hydrated and cool, the event can be deadly for others. Young children, the elderly, or people suffering from serious medical conditions are physiologically more vulnerable to heatstroke. Some senior citizens also take medicines that can make it harder for their bodies to maintain a safe internal temperature, creating an additional threat from extreme heat events. Young children may not be aware of the signs of dehydration or ways of protecting themselves from heatstroke.

People living in homelessness are at a high risk of health complications during heat waves, especially if they are unsheltered. According to San Bernardino County homeless counts, in 2022, there were approximately 3,333 individuals experiencing homelessness in the county, with 71.7% percent unsheltered. 49 Of the 3,333 individuals experiencing homelessness within the county, approximately 193 individuals are experiencing 49 San Bernardino County. 2022. Homeless Count and Subpopulation Survey. https://www.sbcounty.gov/uploads/sbchp/SBC-2022-Homeless-Count-Report.pdf 495
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104
homelessness within the city. This population is very vulnerable to heatstroke during a heatwave, especially if they cannot reach a cooling center.

Sudden spikes in heat can catch people by surprise. Stores can rapidly sell out of fans, air-conditioning units, or drinking water during a heatwave. Many lower-income households live in older, poorly insulated, and energy-inefficient housing and cannot afford to run their air conditioning, which can be further compounded by the threat of power outages due to heat/rolling blackouts. During these events, extreme heat impacts may affect larger portions of the city and populations that would not be viewed as vulnerable under normal circumstances.

SEVERE RAINSTORMS
Social threats associated with sever rainstorms is similar in nature to those identified in the Flood discussion above.

Additionally, the 2022 Vulnerability Assessment has identified the following populations as populations most vulnerable to severe weather 50:
• Households with financial instability.
• Persons that spend an extended amount of time outdoors. • Persons with existing health conditions or limited mobility. • Persons with language barriers and citizenship uncertainty. • Persons living in mobile homes.
• Overcrowded households.

OTHER THREATS

SEVERE WIND
Southern California and the City of Ontario all suffer from seasonal Santa Ana Winds and will for the foreseeable future. Extreme wind events can worsen other risks, such as wildfires. It could affect the take-off and landing of small aircraft at nearby airports, leading to an increased risk of possible aircraft incidents.

EXTREME HEAT
Extreme Heat for any length of time can also affect other hazards and risks within the city.

For example, it can create a spike in electricity demand leading to power loss/failure, food insecurities, and a rise in vector-borne disease transmission. Coupled with extreme wind, it can cause or spread urban fires and jeopardize additional neighborhoods/communities.

SEVERE RAINSTORMS
Other threats associated with severe rainstorms are similar in nature to those identified in the Flood discussion above.
50 Placeworks. 2022. Vulnerability Assessment Report for the Ontario Plan 2050 Update. https://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/The%20Ontario%20Plann/Safety/TOP_27_Ontario_VAReport_Final.pdf 496
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105

CHANGES IN POPULATION PATTERNS AND LAND USE AND DEVELOPMENT

SEVERE WIND
Severe winds occur periodically (primarily during the Fall months) and generally do not affect populations to the degree that they would need to migrate in and out of the city.

It is unlikely that severe wind will affect land use and development because the development review process will take steps to mitigate or minimize the impacts of severe wind. There is the potential that older structures in the northern part of the city may be impacted more severely than newer structures in the southern part of the city. The northern part of the city has overhead powerlines and mature trees, and older structures may not comply with current building codes.

EXTREME HEAT
Based on the recent update to TOP 2050 (General Plan), it is not anticipated that population patterns will change over the next 20 years. There could be minor changes in population patterns due to extreme heat if people cannot continue to live in older structures with limited insulation and older cooling units.

It is unlikely that extreme heat will affect land use and development because the development review process will take steps to mitigate or minimize impacts from extreme heat. While it is unlikely that extreme heat will affect land use and development, it is possible that additional investment in older parts of the city will occur to modify structures to handle these conditions.

SEVERE RAINSTORMS
Based on the recent update to TOP 2050 (General Plan), it is not anticipated that population patterns will change over the next 20 years.

It is unlikely that severe rainstorms will affect land use and development because the development review process will take steps to mitigate or minimize impacts from severe rainstorms. The City has invested significantly in its stormwater management infrastructure, which should protect much of the city from the effects of severe rainstorms.

Dam Failure

PHYSICAL THREAT
Various factors, such as the amount of water released, the distance between the dam failure site, and the topography of the surrounding land, will influence the extent to which physical assets in Ontario are threatened. The San Antonio Dam has large storage capacities that could cause widespread inundation in Ontario if the reservoir waters are released due to a dam breach. Table 4-10 identifies the physical assets in Ontario that are threatened by the potential failure of the San Antonio Dam. The Hickory and Jurupa Basins, while close in proximity to the City, do not impact residential populations. As a result, these two dams are not identified in Table 4-10. Based on this analysis, dam 497
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inundation would affect 94 CFs and 54 FOCs within the city, with the potential to cause approximately $437 million in damages, based on available information.

Figure 4-5 shows the location of the identified CFs and FOCs within these dam inundation zones.

Table 4-10: Critical Facilities and Facilities of Concern (Dam Failure) Category Number of
Facilities
Potential
Loss**
Critical Concern
Government Operations, Modular 16 6 $32,427,589
Emergency Operations 17 0 $97,309,578
Water and Wastewater Infrastructure, Pressure
Reducing Systems
47 0 $89,522,798
Recreational, Cultural, Community Centers 4 41 $172,484,509 Warehouse, Household Hazardous Waste Storage 0 2 $30,000,000 Residential 10 0 $10,134,845
Other (Ontario International Airport, Fiber Optics,
Various Equipment)
0 5 $5,062,608
Total 94 54 $436,941,927
* Replacement Values Unavailable
** Based on the City of Ontario insured replacement values

SOCIAL THREAT
Dam failure hazards in the city would impact various downstream properties and the residents that live there. Table 4-11 identifies these potential dam failure impacts caused by the San Antonio Dam. Failure of the San Antonio Dam would affect almost 93% of the population and inundate 38% of the acreage in the City of Ontario. Failure of the other two dam facilities upstream from the City would impact limited areas of the City that do not contain residential uses. No population metrics for these two dam inundation zones were available based on the uses located in this part of the City. 498
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Figure 4-5: Critical Facilities and Facilities of Concern in Dam Inundation Zones 499
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OTHER THREATS
Dam failures are often triggered by other events (e.g., seismic shaking, intense rainstorms, etc.). There would most likely be service disruptions in Ontario if this type of event occurred. Floodwaters could quickly inundate the city, disrupting utilities such as water, power, heating, and other services (communications or transportation infrastructure).

Residents may find street lighting and traffic signals are temporarily disabled. Debris may be carried in the rapid inundation of water, blocking roads and impeding traffic flow.

Water would most likely inundate roadways and other low-lying, flat areas, such as parking lots, open spaces, and schoolyards. In severe scenarios, people’s mobility in these areas would likely be restricted or even impossible. Any unprotected or unhoused mechanical or electronic equipment that is not properly elevated could be damaged or inoperable until crews can conduct repairs or replacements.

CHANGES IN POPULATION PATTERNS AND LAND USE AND DEVELOPMENT Those in the inundation zone may choose to move out of the city or out of the inundation area if the impacts of dam failure are great enough. Those renting homes within the city (40% of households within the city) have little control over the rebuilding process of a home that has been affected by inundation and, therefore, may be forced to move out of the inundation area or out of the city.

Dam failure is unlikely to affect land use and development because the development review process will take steps to mitigate or minimize flood-related impacts. Areas inundated within the city would not be significantly altered, requiring changes in land use and development patterns.

Table 4-11: Dam Failure Threatened Populations
Threatened Population Metric San Antonio
Dam
City of
Ontario
Population 165,339 178,194
Households 46,220 50,599
Median household income $77,919 $77,788
Renter Occupied Households 40.2% 42.2%
Percentage of households with at least one person living with a disability

25.0% 24.6%
Percentage of households living under the poverty limit 12.8% 12.4% Percentage of households with one member aged 65+ 30.8% 24.9% Percentage of Ontario potentially inundated (acres) 37.7% 38.0% 500
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Hazardous Materials Release

PHYSICAL THREAT
Hazardous materials can cause damage to physical assets in Ontario if they are released into the environment. Corrosive hazardous materials can damage the exteriors of buildings or structures. Flammable hazardous materials can be ignited and cause damage to nearby structures. Generally, sites closer to the origin of the release of the hazardous materials are more at risk than those further away.