Agenda packet — Ontario City Council, October 1, 2024 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing
Authority/Ontario Public Financing Authority
Meeting

OCTOBER
1, 2024
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA 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.

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

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

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

CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20241001 Closed Session

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 and Ontario Public Financing Authority meeting begins with Closed Session and Closed Session Comment at 6:15 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

Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is 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 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One Matter

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Senior Pastor Thomas
Ontario Seventh-Day Adventist Church

REPORT ON CLOSED SESSION
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

1. APPROVAL OF MINUTES
City Attorney
PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority/Ontario Public Financing Authority meeting is limited to 30 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.

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.

CONSENT CALENDAR

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

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

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

ATTACHMENT:

20240903 Meeting Minutes (Not Official Until Approved).pdf

2. BILLS & PAYROLL

3. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC

STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET WEST OF MOUNTAIN AVENUE

ATTACHMENT:

20241001 Summary Vacation 314^01 EXH 1.pdf

ATTACHMENT:

20241001 Summary Vacation 314 02^RESO^RM

ATTACHMENT:

20241001 Summary Vacation 314^03 RESO EXH A - B.pdf

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR LOT 1 OF TRACT MAP NO. 20316 LOCATED AT THE NORTHWEST CORNER OF

ARCHIBALD AVENUE AND EUCALYPTUS AVENUE

ATTACHMENT:

20241001 TM 20316 (Lot 1)_01_Exhibit.pdf

ATTACHMENT:

20241001 TM 20316 Lot 1 02^RESO^RM

ATTACHMENT:

20241001 TM 20316 (Lot 1)_03_IA.pdf

5. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC

STORM DRAIN PURPOSES LOCATED NEAR THE SOUTHEAST CORNER OF COMMERCE

PARKWAY AND SANTA ANA STREET
Minutes for the regular meetings of the City Council and Housing Authority of September 3, 2024 and approving same as on file in the Records Management Department.

Bills August 30, 2024 through September 12, 2024, and Payroll August 11, 2024 through August 24, 2024.

That the City Council adopt a Resolution ordering the summary vacation of an easement for public street and utility purposes located on Sixth Street west of Mountain Avenue.

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

SUMMARY VACATION OF AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET WEST OF MOUNTAIN AVENUE.

That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Lot 1 of Tract Map No. 20316, located at the northwest corner of Archibald Avenue and Eucalyptus Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 20316 LOCATED AT THE NORTHWEST CORNER OF ARCHIBALD AVENUE AND EUCALYPTUS AVENUE.

That the City Council adopt a Resolution ordering the summary vacation of an easement for public storm drain purposes located near the southeast corner of Commerce Parkway and Santa Ana Street.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

20241001 Summary Vacation V-325^01 EXH 1.pdf

ATTACHMENT:

20241001 Summary Vacation V-325 02^RESO^RM

ATTACHMENT:

20241001 Summary Vacation V-325^03 RESO EXH A and B.pdf

6. AN AMENDMENT TO THE MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF

ONTARIO AND THE ONTARIO INTERNATIONAL AIRPORT AUTHORITY

ATTACHMENT:

ONT Contract Amendment #1_City of Ontario_689.docx

7. AN AMENDMENT TO A MAINTENANCE SERVICES AGREEMENT WITH BAY ALARM COMPANY

FOR BURGLARY ALARM SERVICES

ATTACHMENT:

Bay Alarm Company Amendment No. 10.pdf

8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE PROPOSED ADAPTIVE REUSE PROJECT AT 114-132
NORTH

EUCLID AVENUE

ATTACHMENT:

114-118, 122, 124-126, 128-132 N. Euclid Ave. HSR Proposal REV

9.3.2024.pdf

ATTACHMENT:

Amendment No 7_TSA Agr_02152021.doc

9. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH SAFE USA, INC. FOR

CRACK SEALING SERVICES

ATTACHMENT:

Safe USA, Inc. - Amendment No. 3.pdf

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE OMUC ENGINEERING WORKSTATION PROJECT

SUMMARY VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED NEAR THE SOUTHEAST CORNER OF COMMERCE PARKWAY AND SANTA ANA STREET.

That the City Council authorize the City Manager, or his designee, to execute an amendment to the Municipal Services Agreement between the City of Ontario and the Ontario International Airport Authority.

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 10 to the Maintenance Services Agreement with Bay Alarm Company, of Concord, California, for a total not-to-exceed amount of $ 1,513,547
, for the ﬁre alarm system
upgrade, and a term to June 30, 2025.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 7 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the Adaptive Reuse Project at
114-132
North Euclid Avenue
in the amount of
$120,000 for a total not-to-exceed contract amount of $926,600.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 3 to the Maintenance Services Agreement with Safe USA, Inc., of Ontario, California, for Contract No. SM1920-5 for crack sealing services in the amount of $116,100 for a total contract amount not-to-exceed $723,600 over the five-year term.

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

ATTACHMENT:

CalTek Technologies- Amendment No. 6.pdf

11. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE JAY LITTLETON BALLPARK AT 1076 N. GROVE AVE

ATTACHMENT:

Resource Environmental- Proposal.pdf

ATTACHMENT:

Resource Environmental- Construction Contract.pdf

12. AN AMENDMENT TO THE AGREEMENT FOR SOLID WASTE PROCESSING SERVICES WITH

WEST VALLEY MRF, LLC FOR PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCT

ATTACHMENT:

West Valley MRF- Amendment No. 1.pdf

13. A PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS GROUP FOR ON-CALL

INTEGRATED PROJECT CONTROLS, ASSESSMENT AND REPORTING SERVICES That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to complete and execute Amendment No. 6 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the Ontario Municipal Utilities Company (OMUC) Engineering Workstation Project in the amount of $3,788 for a total not-to-exceed contract amount of $175,957; 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 Construction Contract No.

D&C24-016 Jay Littleton Emergency Cleanup, Abatement, and Demolition with Resource Environmental, Inc., of Cerritos, California, for the emergency demolition and site clearance activities on City-owned property located at 1076 N. Grove Avenue in the amount of $991,970 plus a 10% contingency of $99,197 for a total not-to-exceed contract amount of $1,091,167; 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 authorize the City Manager, or his designee, to execute Amendment No. 1 to the Agreement for Solid Waste Processing Services with West Valley MRF, LLC (West Valley), a limited liability company duly formed and operating under the laws of the State of California and owned in whole or in part by Burrtec Waste Industries, Inc., a California corporation duly formed and operating under the laws of the State of California to provide procurement of Recovered Organic Waste Product in an amount not-to-exceed $1,200,000 over a four-year period.

CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

20241001 PSA with CAPO AGMT^01.pdf

ATTACHMENT:

Exhibit A.pdf

14. A QUITCLAIM DEED AND A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20465, LOCATED AT

THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD AND HAMNER AVENUE

ATTACHMENT:

Parcel Map 20465^1_Exhibit A.pdf

ATTACHMENT:

20241001 Parcel Map 20465 02^RESO^RM.docx

ATTACHMENT:

Parcel Map 20465^3_Subdivision Improvement Agreement.docx

15. A RESOLUTION APPROVING A FIRST AMENDMENT TO A DISPOSITION AND

DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY 1.19 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE&NBSP; (APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14) That the City Council approve and authorize the City Manager, or designee, to execute a three- year Professional Services Agreement with Capo Projects Group (CPG), of San Clemente, California, for On-Call Integrated Project Controls, Assessment and Reporting Services in the amount of $334,848 for Fiscal Year 2024-25 to Fiscal Year 2026-27, with the option to extend the term for up to two successive one-year periods (Fiscal Year 2027-28 to Fiscal Year 2028-29), with up to a one-time 6% increase for a total not-to-exceed amount of $571,474.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Quitclaim Deed to The Ranch at Model Colony, LLC, for fee title ownership transfer of a portion of Ontario Ranch Road; and
B
.

Adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map No. 20465, located at the southwest corner of Ontario Ranch Road and Hamner Avenue, in the Rich Haven Specific Plan.

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

SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20465, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD AND HAMNER AVENUE.

That the City Council consider and:

A
.

Adopt a Resolution approving a First Amendment to a Disposition and Development Agreement (on ﬁle with the Records Management Department) between the Euclid Investment Group, LLC.

B
.

Authorize the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

Resolution DDA Lot North of Library 2^RESO^RM

ATTACHMENT:

First Amendment to DDA Lot North of Library^01.docx

16. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON SAFETY &

INFRASTRUCTURE FOR THE PURCHASE OF A NEW POLICE RECORDS MANAGEMENT

SYSTEM (RMS)

ATTACHMENT:

Amend 1 Hexagon Agmt

17. A RESOLUTION APPROVING A FIRST AMENDMENT TO A DISPOSITION AND

DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND LAUREL INVESTMENT PROPERTY

GROUP FUND, LLC,
WITH RESPECT TO APPROXIMATELY 2.13 ACRES OF LAND LOCATED AT 404, 416 AND 414 NORTH EUCLID AVENUE AND 401 AND 418 NORTH LEMON AVENUE (APNS: PORTION OF 1048-363-02, 1048-363-03, 1048-363-04, AND 1048-363-05)

ATTACHMENT:

Resolution DDA D Block 02^RESO^RM

ATTACHMENT:

First Amendment to DDA D Block^01.docx

FIRST AMENDMENT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY

OF ONTARIO AND EUCLID INVESTMENT GROUP, LLC FOR THE DEVELOPMENT OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE (APN'S:
1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14).

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services 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 the purchase of the public safety records management system (RMS) OnCall Records for software and recurring annual maintenance fees, increasing the authorized contract amount by $3,239,580 for a total contract not-to-exceed amount of $8,425,696.

That the City Council consider and:

A
.

Adopt a Resolution approving a First Amendment to a Disposition and Development Agreement (on ﬁle with the Records Management Department) between the Laurel Investment Property Group Fund, LLC.

B
.

Authorize the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement.

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

FIRST AMENDMENT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY

OF ONTARIO AND LAUREL INVESTMENT PROPERTY GROUP FUND, LLC FOR THE DEVELOPMENT OF REAL PROPERTY LOCATED AT 404, 416 AND 414 NORTH EUCLID AVENUE AND 401 AND 418 NORTH LEMON AVENUE (APNS: PORTION OF 1048-363-02, 1048-363-03, 1048-363-04, AND 1048-363-05)

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

18. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL

PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RIVERSIDE DRIVE AND VINEYARD

AVENUE FOR THE REGIONAL SPORTS COMPLEX PROJECT

ATTACHMENT:

SEC Riverside and Vineyard Staff Report Exhibit 1^01.pdf

ATTACHMENT:

SEC Riverside and Vineyard Resolution of Necessity^02^RESO^RM

ATTACHMENT:

SEC Riverside and Vineyard Exhibit A to Reso^03.pdf

19. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATOR'S INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS.

PDET23-005, PDET23-007, PDET23-008, PDET23-009, PDET23-010, PDET23-015 AND PDET23- 016
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 conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at the southeast corner of Riverside Drive and Vineyard Avenue, more particularly described as Assessor Parcel Number's 0218-101-03, 0218-101- 04, 0218-101-05 and 0218-101-06 ("The Property"), is necessary for the Regional Sports Complex Project.

RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR

THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL

PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RIVERSIDE DRIVE AND VINEYARD

AVENUE IN THE ARMSTRONG SPECIFIC PLAN AREA OF ONTARIO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 0218-101-03, 0218-101-04, 0218- 101-05 AND 0218-101-06, FOR THE ONTARIO REGIONAL SPORTS COMPLEX PROJECT, IN

ONTARIO, CALIFORNIA
That the City Council conduct a public hearing on the Appeals and after receiving all public testimony,
uphold the Planning Commission's decision to uphold Zoning Administrator Decision No’s. ZA23-024 (File No. PDET23-005), ZA23-030 (File No. PDET23-007), ZA23-031 (File No. PDET23-008), ZA23-032 (File No. PDET23-009), ZA23-033 (File No. PDET23-010), ZA23-038 (File No. PDET23-015) and ZA23-039 (File No. PDET23-016) and deny the Appeals.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-005) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE HOTEL HACIENDA, LOCATED AT 2425 SOUTH

ARCHIBALD AVENUE, WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1083-071-26.

CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-007) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE BRIGHT STAR MOTEL, LOCATED AT 1530 WEST

MISSION BOULEVARD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1011-221-15.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-008) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE DAYS INN ONTARIO MOTEL, LOCATED AT 1405 EAST 4TH STREET, WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0108-381-32.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-009) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE ECONOMY INN, LOCATED AT 2301 SOUTH EUCLID

AVENUE, WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1051-071-04.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-010) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE MAYFAIR INN, LOCATED AT 1120 EAST HOLT

BOULEVARD, WITHIN THE INDUSTRIAL PARK ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-141-25.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-015) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE SANDS MOTEL, LOCATED AT 1240 WEST MISSION

BOULEVARD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1101-211-03.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-016) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE WEST COAST INN, LOCATED AT 1211 NORTH

GROVE AVENUE, WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1047-451-25.

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

ATTACHMENT:

20240903 Hotel Appeals PC^Back-up

ATTACHMENT:

File No. PDET23-005 Hotel Hacienda - Appeal 03^RESO^RM.docx

ATTACHMENT:

File No. PDET23-007 Bright Star Motel - Appeal 04^RESO^RM.docx

ATTACHMENT:

File No. PDET23-008 Days Inn Ontario - Appeal^05^RESO^RM.docx

ATTACHMENT:

File No. PDET23-009 Economy Inn - Appeal^06^RESO^RM.docx

ATTACHMENT:

File No. PDET23-010 Mayfair Inn - Appeal^07^RESO^RM.docx

ATTACHMENT:

File No. PDET23-015 Sands Motel - Appeal^08^RESO^RM.docx

ATTACHMENT:

File No. PDET23-016 West Coast Inn - Appeal^09^RESO^RM.docx

20. AN ORDINANCE AMENDING SECTION 2-1.203 OF THE ONTARIO MUNICIPAL CODE

RELATING TO SALARY COMPENSATION FOR THE CITY COUNCIL

ATTACHMENT:

Salary Increase ORD^RM

21. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO

THE LEASE AGREEMENT BETWEEN THE ONTARIO PUBLIC FINANCING AUTHORITY AND THE

CITY OF ONTARIO

ATTACHMENT:

Lease Amendment 01^CITY^RESO^RM

ATTACHMENT:

Lease Amendment 02^OPFA^RESO^RM

ATTACHMENT:

Lease Amendment^03^AGREEMENT.pdf

ATTACHMENT:

Lease Amendment ^4^BBK MEMORANDUM.pdf

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council introduce and waive further reading of Ordinance Amending Section 2-

1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and the City Council.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-1.203 OF THE ONTARIO MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR THE CITY COUNCIL.

That the City Council and the Ontario Public Financing Authority take the following actions:

A
.

The City Council consider and adopt a Resolution authorizing the execution and delivery of Amendment No. 1 to the Lease Agreement; and
B
.

The Ontario Public Financing Authority consider and adopt a Resolution authorizing the execution and delivery of Amendment No. 1 to the Lease Agreement.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO LEASE AGREEMENT.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ONTARIO PUBLIC FINANCING

AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO LEASE AGREEMENT.

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

ATTACHMENT:

Ontario PFA 2024 Taxable Lease Revenue Bonds - Cover Memo- c1.docx

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) October 1, 2024
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 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

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

ONTARIO HOUSING AUTHORITY

MINUTES
SEPTEMBER 3, 2024
(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, September 3, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:03 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: Ruben Valencia

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest announced by the City Council.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:0 4 p.m. for discussion of the following:

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0210-211-33; 700 North Haven Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: CORE Hotel Venture, LLC; Under negotiation: Price and terms of payment

OPEN MEETING CALLED TO ORDER

Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session. 14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 2 of 7 ends

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Wapner.

INVOCATION

The invocation was led by Pastor Alena Uhamaka, First United Methodist Church.

REPORT ON CLOSED SESSION
City Attorney Duran stated that there was no reportable action.

SPECIAL CEREMONIES

PROCLAMATION OF SEPTEMBER 2024 AS NATIONAL PREPAREDNESS MONTH The City Council proclaimed the month of September 2024 as National Preparedness Month in the City of Ontario.

PROCLAMATION OF SEPTEMBER 2024 AS NATIONAL SENIOR CENTER MONTH The City Council proclaimed the month of September 2024 as National Senior Center Month in the City of Ontario.

PUBLIC COMMENT

Assistant City Clerk Isbell announced there were three written comments:

Suzanne Gonzalez, regarding blight near the south east side of Euclid Ave.

Jose Parrilla, regarding a personal grievance.

Miguel Hernandez, regarding blight near Fourth Street.

Mayor Leon called upon the first speaker:

Jamie Rocha, spoke regarding parking issues at his business.

Gary Littleton, spoke on the historical Jay Littleton Ballpark burning down.

Pamela Weatherby, spoke in support of the JC Beauty Salon getting designated customer parking.

Terry Weatherby, spoke in support of the JC Beauty Salon getting designated customer parking.

Brad Neumann, spoke on a personal grievance.

Stephanie, spoke in support of the JC Salon getting designated customer parking.

Henry T. Hidalgo, spoke regarding parking issues on San Antonio and D Street.

Pete Baines, spoke in support of the Senior Center to be open on holidays.

Jesse Fonseca, spoke on air plane noise and flight patterns.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 3 of 7 ends

CONSENT CALENDAR

MOTION: Moved by Council Member Wapner, seconded by Mayor Pro Tem Porada, and carried by a unanimous vote 4-0 with Council Member Valencia a bsent, to approve the Consent Calendar.

1. APPROVAL OF MINUTES

Minutes for the regular meetings of the City Council and Housing Authority of August 6, 2024, approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved bills August 2 , 2024 through August 8, 2024, in the amount of $10,800,694.72, and Payroll July 14, 2024 through July 27, 2024 in the amount of $5,732,610.41.

3. ACCEPTANCE OF GRANT AWARD FUNDS FROM THE U.S. DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR

ALL GRANT PROGRAM

The City Council authorized the City Manager to execute all documents necessary to accept grant award funds in the amount of $360,000 from the U.S. Department of Transportation Fiscal Year 2023 Safe Street and Roads for All Grant Program.

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV21 -020 LOCATED AT 1050 EAST HOLT BOULEVARD

The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV21- 020, located at 1050 East Holt Boulevard.

RESOLUTION NO. 2024 -158 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.

PDEV21-020 LOCATED AT 1050 EAST HOLT BOULEVARD.

5. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20583, LOCATED AT

THE SOUTHEAST CORNER OF HAVEN AVENUE AND GUASTI ROAD

The City Council adopt ed a Resolution approving Final Parcel Map No. 20583 located at the southeast corner of Haven Avenue and Guasti Road.

RESOLUTION NO. 2024 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20583

LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND GUASTI ROAD.
16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 4 of 7 ends

6. AN ORDINANCE APPROVING A SPECIFIC PLAN (FILE NO. PSP22 -001 -

EUCLID MIXED USE SPECIFIC PLAN)

The City Council considered and adopted an Ordinance approving the Euclid Mixed Use Specific Plan (File No. PSP22-001). First reading and introduction took placed at a regular meeting on August 20, 2024.

ORDINANCE NO. 3283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP22 -001, A SPECIFIC

PLAN (EUCLID MIXED USE SPECIFIC PLAN) TO ESTABLISH THE LAND USE

DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND

INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 1,386,776 SQUARE FEET OF BUSINESS PARK LAND USES, 290,110 SQUARE FEET OF OFFICE AND RETAIL LAND USES, AND 466 DWELLING UNITS ON THE 84-ACRE PROJECT SITE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1053-071-01; 1053-071-02; 1053-071-03; 1053-071-04; 1053- 211-01; 1053- 211-02; 1053- 211-05; 1053- 281-01; 1053- 281-02; 1053- 281-03; 1053-281-04; 1053-281-07; 1053-281-08; 1053-081-01; 1053-081-02; 1053-081-03; 1053-081-04.

7. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA23-004) BETWEEN THE CITY OF ONTARIO AND EUCLID LAND

INVESTMENT, LLC

The City Council considered and adopted an Ordinance approving a Development Agreement (File No. PDA23- 004) between the City of Ontario and Euclid Land Investment, LLC, to establish the terms and conditions associated with Tentative Parcel Map 20714 (File No. PMTT23-005), a 60-acre property located east of Euclid Avenue, south of Schaefer Avenue, west of future Sultana Avenue and north of Edison Avenue within the Euclid Mixed Use Specific Plan. First reading and introduction took place at a regular meeting on August 20, 2024.

ORDINANCE NO. 3284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23 -004, A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID

LAND INVESTMENT, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20714 (FILE NO.PMTT23-005), A 60 ACRE PROPERTY LOCATED EAST OF EUCLID AVENUE, SOUTH OF

SCHAEFER AVENUE, WEST OF SULTANA AVENUE AND NORTH OF EDISON AVENUE WITHIN THE EUCLID MIXED USE SPECIFIC PLAN (FILE NO. PSP22 - 001); (APNS: 1053-071-01; 1053-071-02; 1053-071-03; 1053-071-04; 1053-211-01; 1053-211-02; 1053- 281-08; 1053- 081-01; 1053- 081-02; 1053- 081-03; 1053- 081- 04).

17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 5 of 7 ends

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

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK)

The City Council consider ed and adopt ed an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 52 (Sundance Park). First reading and introduction took place at a regular meeting on August 20, 2024.

ORDINANCE NO. 3286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK).

9. ACCEPTANCE OF SENATE BILL 1383 LOCAL ASSISTANCE GRANT

PROGRAM FUNDING FROM CALIFORNIA'S DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY

The City Council a uthorized the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $476,003 from California's Department of Resources Recycling and Recovery (CalRecycle) for the Senate Bill (SB) 1383 Local Assistance Grant Program.

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

COLLABORATIVE SOLUTIONS, LLC FOR WORKDAY SERVICE SUPPORT

The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services with Collaborative Solutions, LLC of Teaneck, New Jersey, for ongoing full -suite Workday support and configuration services, increasing the authorized contract amount by $216,020 for a total contract not-to-exceed amount of $514,824.

11. AMERICORPS STATE COMPETITIVE CONTINUATION GRANT FOR 2024-25

The City Council authorized the City Manager or designee to execute grant documents and accept a $368,000 AmeriCorps Competitive Continuation Grant for October 2024 through September 2025 to fund the Ontario Promise Corps project.

12. A PROFESSIONAL SERVICES AGREEMENT WITH ATHENS INSURANCE SERVICES, INC. FOR THIRD-PARTY ADMINISTRATION SERVICES FOR

WORKERS' COMPENSATION CLAIMS

The City Council approved and authorized the City Manager, or his designee, to execute a three- year Professional Services Agreement with Athens Insurance Service, Inc. of Concord, California, for third- party administration and training services for workers’ compensation claims for a total not -to-exceed amount of $1,814,460.

18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 6 of 7 ends

PUBLIC HEARINGS

13. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE

ZONING ADMINISTRATOR'S INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS. PDET23-005, PDET23- 007, PDET23-008, PDET23- 009, PDET23-010, PDET23-015 AND PDET23-016
The City Council opened a public hearing on the Appeals and after receiving all public testimony, uphold the Planning Commission's decision to uphold Zoning Administrator Decision No’s. ZA23-024 (File No. PDET23-005), ZA23-030 (File No.

PDET23-007), ZA23-031 (File No. PDET23-008), ZA23-032 (File No. PDET23-009), ZA23-033 (File No. PDET23-010), ZA23-038 (File No. PDET23-015) and ZA23-039 (File No. PDET23-016) and deny the Appeals.

AND ENFORCEABLE TO THE OPERATION TO THE HOTEL HACIENDA, LOCATED AT 2425 SOUTH ARCHIBALD AVENUE, WITHIN THE COMMUNITY

COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1083-071-26.

AND ENFORCEABLE TO THE OPERATION TO THE BRIGHT STAR MOTEL, LOCATED AT 1530 WEST MISSION BOULEVARD, WITHIN THE LIGHT

INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1011-221-15.

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. Hearing no one, Mayor Leon announced the appellant wished to continued the public hearing.
19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 3, 2024

Page 7 of 7 ends

MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner and carried by a unanimous vote 4 -0 with Council Member Valencia absent, to continue the public hearing to October 1, 2024.

STAFF MATTERS

City Manager Ochoa made no announcements.

COUNCIL MATTERS

Council Member Bowman made no comments.

Council Member Wapner spoke on Rita Nelson resigning from the Recreation and Parks Commission and Randy Del Turco possibly resigning from the Planning Commission.

Mayor Pro Tem Porada announced the receipt of a petition for the 5 th Street zoning
changes.

Mayor Leon spoke on upcoming events.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:12 p.m. and announced the next regular meeting was scheduled for September 17, 2024.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
20 Department: Engineering
Prepared By: Angela Truong
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

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

A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR

PUBLIC STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET WEST OF

MOUNTAIN AVENUE

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution ordering the summary vacation of an easement for public street and utility purposes located on Sixth Street west of Mountain Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The City did not pay to acquire the subject easement. The Developer has paid the applicable processing fees to defray any City cost to process this request.

BACKGROUND & ANALYSIS:

The applicant, Coast to Coast Commercial, LLC, has requested that the City vacate an existing easement, as shown on Exhibit 1, for public street and utility purposes to facilitate the development of the area. The easement is not needed for any present or future street and utility purposes. There are currently no existing public utilities within the easement and the easement is determined to be excess.

Section
8334(a) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) an excess right-of-way of a street or highway not required for street or highway purposes, and there are no public facilities located within the easement.

Section 8333(c) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess, and there are no other public utilities located within the easement.

21 This summary vacation meets the California Government Code, Streets and Highways Code, Ontario Municipal Code, and has been reviewed and approved by the City Engineer. 22 SHEET 1 OF 1
NORTH
SCALE: 1" = 50'
2/5/2024
PREPARED UNDER MY DIRECTION_________________________________JEFFREY J. LENHERRP.L.S. 9305DATE: ___________________________No. 9305 P.O.B VACATION NO. V-314PLAT
1495 N MOUNTAIN AVENUE,ONTARIO, CA 91762

LEGEND AND ABBREVIATIONS
#23003.062
2nd Check
AV - 06/07/24
LEGEND

VACATION AREA
(279 S.F.)
ARED
1 23
RESOLUTION NO. ________

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

CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN

EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET WEST OF MOUNTAIN AVENUE.

WHEREAS, the City Council of the City of Ontario, California, pursuant to Division 9, Part 3, Chapter 4, of the Streets and Highways Code, may summarily vacate an easement under certain conditions specified therein; and WHEREAS, an easement for public street and utility purposes located along the south side of Sixth Street, west of Mountain Avenue, shown on a portion of Parcel A on Lot Line Adjustment Owner’s Certificate No. LLA 05-015, in the City of Ontario, County of San Bernardino, State of California, as per Instrument No. 2007-0115460 recorded February 22, 2007, of Official Records in the Office of the County Recorder of Said County, is not needed for any present or future street or public utility or other municipal purposes and is determined to be excess;
WHEREAS, Section 8334(a) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) an excess right-of-way of a street or highway not required for street or highway purposes; WHEREAS, Section 8333(c) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess and there are no other public utilities located within the easement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California:

1. That the above recitals are true and correct.

2. That title to the above-described said properties, more specifically described in Exhibit “A” and depicted on Exhibit “B” attached hereto, shall be vacated.

3. That the City Clerk of the City of Ontario, California, shall cause a copy of this Resolution to be recorded in the office of the County Recorder of San Bernardino County, California.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
24 PASSED, APPROVED, AND ADOPTED this 1st day of October, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
25 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. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held October 1, 2024 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. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held October 1, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
26 27
28 Department: Engineering
Prepared By: Henry D Pham
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

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

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR LOT 1 OF TRACT MAP NO. 20316 LOCATED AT THE

NORTHWEST CORNER OF ARCHIBALD AVENUE AND EUCALYPTUS AVENUE

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Lot 1 of Tract Map No. 20316, to construct 232 multi-family homes on

14.6 acres of land, as shown on Exhibit A, has been submitted by the Developer, Lennar Homes of California, LLC. Tract Map No. 20316 was submitted by SC Ontario Development Company, LLC and approved by the Planning Commission on May 26, 2020.

All oﬀsite improvements have been completed. Improvements on Lot 1 of Tract Map No. 20316 will only include in-tract sewer and domestic water.

The Developer, Lennar Homes of California, LLC, has entered into an Improvement Agreement with the City for this project and has posted adequate security to ensure construction of the required improvements. This project meets all conditions of the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
29 TRACT 20316
30 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR LOT 1 OF TRACT MAP NO. 20316

LOCATED AT THE NORTHWEST CORNER OF ARCHIBALD AVENUE
AND EUCALYPTUS AVENUE.

WHEREAS, Lot 1 of Tract Map No. 20316 was submitted for approval by Lennar Homes of California, LLC; and
WHEREAS, Tract Map No. 20316, submitted for approval by SC Ontario Development Company, LLC, was approved by the Planning Commission of the City of Ontario on May 26, 2020; and
WHEREAS, Tract Map No. 20316, being all of lots 4, 6, 9, 10, 11, 12, 13, 14, portion of lot F, and lots G, H, K, and M of Tract No. 18048, as per map recorded in book 334, pages 10 through 15, inclusive of maps, those portions of Park Vista Drive and Parkside Drive per Quitclaim recorded February 10, 2021 as Instrument No. 2021- 00605088 of Official Records all on file in the office of the County Recorder of said County.

WHEREAS, to meet the requirements established as prerequisite to final approval of Lot 1 of Tract Map No. 20316, Lennar Homes of California, LLC, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
31 PASSED, APPROVED, AND ADOPTED this 1st day of October, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
32 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
33 34
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69 Department: Engineering
Prepared By: Raymond Lee
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Khoi Do
Approved By:

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

A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR

PUBLIC STORM DRAIN PURPOSES LOCATED NEAR THE SOUTHEAST CORNER OF

COMMERCE PARKWAY AND SANTA ANA STREET

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution ordering the summary vacation of an easement for public storm drain purposes located near the southeast corner of Commerce Parkway and Santa Ana Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

BACKGROUND & ANALYSIS:

The Applicant, CanAm Ontario, LLC, is requesting that the City vacate an existing public storm drain easement, as shown on Exhibit 1, to facilitate the development of the property. The easement has been superseded by the relocation of the storm drain and there are currently no other existing public utilities within the easement. The Engineering Department has determined that the easement is no longer needed and therefore recommending the vacation of the easement.

This summary vacation meets the California Government Code, Streets and Highways Code, Ontario Municipal Code, and has been reviewed and approved by the City Engineer. 70 71
RESOLUTION NO. ________

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

CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN

EASEMENT FOR STORM DRAIN PURPOSES LOCATED NEAR THE

SOUTHEAST CORNER OF COMMERCE PARKWAY AND SANTA ANA
STREET.

WHEREAS, the City Council of the City of Ontario, California, pursuant to Division 9, Part 3, Chapter 4, of the Streets and Highways Code, may summarily vacate an easement under certain conditions specified therein; and WHEREAS, an easement for storm drain purposes located near the southeast corner of Commerce Parkway and Santa Ana Street, shown as a portion of Parcel E in Instrument No. 87-364547 of Official Records in the Office of the County Recorder of County of San Bernardino, lying within lot “1” of the lot line adjustment No. LLA22-015, in the City of Ontario, County of San Bernardino and State of California, recorded as Document No. 2024-0023411 of Official Records of the County of San Bernardino, is determined to be excess as it has been superseded by relocation and has no existing public utilities located within; and
WHEREAS, Section 8333(c) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess and there are no other public utilities located within the easement; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California:

1. That the above recitals are true and correct.

2. That title to the above-described said properties, more specifically described in Exhibit “A” and depicted on Exhibit “B” attached hereto, shall be vacated.

3. That the City Clerk of the City of Ontario, California, shall cause a copy of this Resolution to be recorded in the office of the County Recorder of San Bernardino County, California.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
72 PASSED, APPROVED, AND ADOPTED this 1st day of October 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
73 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
74 NO. 9123
75 76
NO. 9123
77 Department: Management Services
Prepared By: Jordan T Villwock
Staff Member Presenting: Jordan Villwock,
Management Services Director
Reviewed By: Vanny Khu
Approved By:

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

AN AMENDMENT TO THE MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY

OF ONTARIO AND THE ONTARIO INTERNATIONAL AIRPORT AUTHORITY

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed Amendment modiﬁes the base service level and reduces the number of Community Services Oﬃcers (CSO) by six positions. This modiﬁcation reduces the cost by $634,822 in Fiscal Year 2024-25 and sets the new annual contract amount not-to-exceed $23,866,579. The reduction in appropriations and associated revenues will be modiﬁed at ﬁrst quarter budget update.

BACKGROUND & ANALYSIS:

On June 17, 2024, the City Council approved a three-year contract, with two additional one-year extension options, with the Ontario International Airport Authority (OIAA) to provide municipal services. Since the contract was executed, both parties have agreed to modify the base service level and reduce the number of Community Services Oﬃcers (CSO) by six.

Originally, the six CSOs were utilized for curb side management and the proposed change allows for that responsibility to be handled by another party. The Ontario Police Department will absorb the six CSOs with current civilian vacancies and they will be assigned to the Field Operations Bureau. 78 1 of 3
FIRST AMENDMENT TO AGREEMENT NO. SCONT-000689

BETWEEN THE ONTARIO INTERNATIONAL AIRPORT AUTHORITY

AND CITY OF ONTARIO

FOR MUNICIPAL SERVICES AT ONTARIO INTERNATIONAL AIRPORT THIS FIRST AMENDMENT (“First Amendment”) to Agreement No. SCONT-000689 (“Agreement”), is made and entered into this ______ day of __________, 2024 (“Effective Date”), at Ontario, California by and between the ONTARIO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority created by the City of Ontario and San Bernardino County (“OIAA” or “AUTHORITY”), and the CITY OF ONTARIO (“CITY”). The OIAA and CITY are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment.

RECITALS
WHEREAS, the OIAA entered into Agreement No. SCONT-000689 on July 1, 2024, for $24,501,401.00 with CITY for the provision of municipal services including Police, Fire, and Fleet Support (hereinafter referred to as “Services”) at Ontario International Airport (“Airport” or “ONT”); and
WHEREAS, the OIAA is responsible for the management and administration of this Agreement; and
WHEREAS, the Parties agree Community Service Officers (CSO) could be better utilized by the Ontario Police Department (OPD) on other tasks, and that services provided to OIAA by the CSOs may be better managed through OIAA; and
WHEREAS, the Parties agree that $634,822 of funding and six (6) CSOs in the Base Service Level should be removed from the contract based on the changes beginning November 1, 2024;
Now, THEREFORE, the Parties hereto, for and in consideration of the terms, covenants, and conditions hereinafter to be kept and performed by the respective parties hereto, do mutually agree that the Agreement between the Parties BE AMENDED ONLY AS FOLLOWS:
“EXHIBIT A; SECTION 1.c):
c) Assist with crowd and traffic control:
i) Assist with protests and disputes at the airport
ii) Reduce traffic backup, manage peak traffic backup
iii) Enforce unauthorized parking laws and ordinances”
79 2 of 3
“EXHIBIT A; SECTION 3 STAFFING MODEL; a):
a) The following staffing model represents the minimum level of staffing for the Base Service Level (BSL) for the Term (subject to adjustment as set forth in Section 1). *Police dispatch will continue to handle emergency calls and other police activity related calls that the Airport Command Center (ACC) is not equipped to handle. **The intent of the OIAA is to have at least 1 designated OPD representative as an alternate Airport Security Coordinator. Because this is a federally regulated position, the OIAA will make the determination when the OPD designee has sufficient experience and job knowledge and is qualified to autonomously perform the responsibilities of the ASC in that person’s absence.

During special events requiring OPD officers, officer staffing levels will be determined by collaboration with the OPD Alternate ASC or an OPD supervisor/manager and OIAA ASC.” “EXHIBIT C; SECTION C-1 COMPENSATION FOR SERVICES; B.:

B. The CITY and the OIAA hereby agree on a not-to-exceed annual fee for the Municipal Services for the duration of the Term ("Annual Fee"), subject to mutually agreed upon rate adjustments as set forth in this Exhibit C. The Annual Fee will be based on the Fully Burdened Rates (FBR) and positions as agreed to by both Parties. The Annual Fee for the first year of the Term will be a not-to-exceed amount of Twenty-Three Million, Eight Hundred Sixty-Six Thousand, Five Hundred Seventy-Nine Dollars ($23,866,579.00) subject to the Base Level Service and the hours worked and positions provided. This amount includes Thirty-Six Thousand, Five Hundred Dollars ($36,500) for dispatch services detailed in Exhibit B. The Annual Fee may be adjusted in years 2 and 3 of the Term. The Parties will negotiate the adjustments to years 2 and 3 if adjustments are necessary. Should negotiations occur, the Parties shall proceed in good faith to best mitigate unreasonable impacts to their respective budgets.” Except as expressly modified and amended in this First Amendment, the Agreement between the Parties remains unchanged and in full force and effect. The Parties have executed this First Amendment to the Agreement, effective as of the “Effective Date” above. [SIGNATURES ON FOLLOWING PAGE]
Police Staffing Base Service Level
Police Captain 1
Police Lieutenant** 2
Police Sergeant 5
Sergeant - K9 0.55
Police Detective 1
Police Corporal 6
Police Officer 21
Officers - K9 6
Community Service Officer (CSO) 2
Senior Police Dispatcher* 4
80 3 of 3
Ontario International Airport Authority City of Ontario Approved By:

Atif Elkadi Signature
Chief Executive Officer
Name
ATTEST:

Norma I. Alley, MMC Title
Board Clerk/Assistant Secretary
Board approval on ____________, 2024, by _____________
Date
APPROVED AS TO FORM AND CONTENT:

OIAA General Counsel
81 Department: Economic Development
Prepared By: Peter Pallesen
Department:

Prepared By: Peter Pallesen
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

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

AN AMENDMENT TO A MAINTENANCE SERVICES AGREEMENT WITH BAY ALARM

COMPANY FOR BURGLARY ALARM SERVICES

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed Amendment No. 10 to Bay Alarm Company increases the existing agreement by $26,384, for a total revised agreement amount o f
$1,513,547. The Fiscal Year 2024-25
Adopted Budget includes appropriations from the General Fund to cover the cost of these services.

BACKGROUND & ANALYSIS:

As part of the City's continued eﬀorts to invest in the revitalization of Downtown Ontario, the City has acquired commercial properties located at 215 West C Street and 214-218 North Palm Avenue. These properties will serve as a future site for housing and commercial space. In the interim, staﬀ has engaged with Bay Alarm to provide burglary alarm services at these locations to ensure the safety of the buildings and any current or future short- term tenants as part of the Downtown Ontario Retail Pop-Up Program. The proposed Amendment No. 10 to the Agreement with Bay Alarm will allow the City to install the proper systems for on- going security and monitoring of these buildings.

Staﬀ recommends approving Amendment No. 10 to the Maintenance Services Agreement with Bay Alarm Company in the amount of $26,381 for a new total not-to-exceed contract amount of $1,513,547.

82 83
84 85
86 Department: Economic Development
Prepared By: Karen Khukoyan
Department:

Prepared By: Karen Khukoyan
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Reviewed By: Charity Hernandez
Approved By:

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE PROPOSED ADAPTIVE REUSE PROJECT AT 114-132

NORTH EUCLID AVENUE

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Budget includes, and any subsequent Proposed Budget will include appropriations from the General Fund for these services, as necessary. The proposed Amendment No. 7 increases the Agreement amount by $120,000 for a revised total not- to-exceed amount of $926,600.

BACKGROUND & ANALYSIS:

The City of Ontario is investing signiﬁcant resources in revitalizing the historic downtown into a vibrant, 18-hour destination. It is doing this in several ways, including:
acquiring underutilized or dilapidated buildings, with an emphasis on historic properties; partnering with experienced developers capable of infusing new housing, oﬃces, and/or retail into Downtown, and; investing in strategic infrastructure projects, such as improving sewer drains, lighting, wayfinding, and parking.

The City of Ontario is working closely with A Block, LLC ("Developer") whereas the Developer is interested in acquiring certain real property currently owned by the City located at 114-132
North
Euclid Avenue
for the purposes of an adaptive reuse project ("Project"). The Project will consist of restoring the historic properties along the A Block in the Downtown and creating approximately 87 17,000 square feet of restaurant space, 25,000 square feet of retail, 145 residential units, and 10,000 square feet of amenities. Throughout the City and Developer's negotiations and due diligence period, it has been mutually agreed upon that an in-depth Historic Structures Report ("HSR") shall be commissioned in order to fully understand the buildings' existing conditions, historical contexts, and what an engineer's cost estimate would be to structurally retroﬁt the buildings as well as any structural limitations there may be that could affect the Project's design.

As such, the City has engaged with Thirtieth Street Architects to commission the necessary HSR's. As experts in their ﬁeld and existing knowledge of Downtown Ontario and the City's Historic Preservation codes, they are the preferred consultant to perform this work.

Staﬀ recommends approving Amendment No. 7 to the Design Services Agreement with Thirtieth Street Architects, Inc. in the amount of $120,000 for a new total not-to-exceed contract amount of $926,600.
88 architecture 2821 newport blvd. phone (949) 673-2643 historical rehabilitation newport beach
planning california 92663 email: [email protected]
founding principals john c. loomis, architect james c. wilson, architect principal elwood l. gulley, architect AGREEMENT Agreement made August 28, 2024, between the City of Ontario, 303 “B” Street Ontario, CA, 91764, hereinafter referred to as the Client; and Thirtieth Street Architects, Inc., 2821 Newport Blvd., Newport Beach, CA, 92663, John C. Loomis and James C. Wilson, the Architects. It is the intention of the city to have a new Historic Structures Reports prepared for 114-118, 122, 124-126, and 128-132 N. Euclid Avenue. This Report will evaluate the condition of the existing buildings/site and make recommendations for improvements necessary for a rehabilitation and adaptive use project. BASIC SERVICES The Architect's Basic Services consist of the phases described below, including a Preservation Architect, Architectural Historian, Structural, and Mechanical, Plumbing, and Electrical Engineering assessments. Project Team Preservation Architect Thirtieth Street Architects, Inc. 2821 Newport Blvd. Newport Beach, CA 92663 John Loomis, Principal in Charge (949) 274-1092 [email protected] Architectural Historian Daly & Associates 951 Beacon Drive Eugene, OR 97404 Pamela Daly, M.S.H.P. (951) 369-1366 [email protected] thirtieth
street
architects
inc.
89

Page 2 ends

Structural Engineer Grimm/Chen 17500 Redhill Ave., Suite #240 Irvine, CA 92614 Alex Chon, P.E. / Project Director (949) 250-3150, Ext. 1004 MP&E Engineer NV5 133 Technology Dr., Suite #100 Irvine, CA 92618 Andrew Change, P.E. (949) 419-3030 [email protected] LiDAR Consultant Precision Property Measurements Los Angeles Office Cameron Slatterbeck (562) 621-9100 [email protected] The following services/consultants are not included in this Agreement and shall be provided by the Owner if needed: • Geotechnical Engineering • Hazardous Materials Study • Termite Study • Mold and Mildew Report SCOPE OF WORK Phase I, Field Reconnaissance: The Preservation Architect, Architectural Historian, Structural, and MP&E Engineers shall conduct an intense on-site field reconnaissance to assess conditions of the existing building, including: Identification of character defining and historically significant features, materials, and finishes Sequence of construction and change Prior uses of the buildings Evaluation of the condition of exterior and interior finishes and features Review of structural condition and determination if there is any evidence of prior seismic retrofit improvements 90

Page 3 ends

Identification of existing MP&E building systems and their age and condition Evaluation of historic significance Condition of historic fabric The Architect shall photo document existing conditions. The Team shall summarize in writing its findings from the Field Reconnaissance. Phase I Products: Field Notes Photo Documentation Written summary of Field Reconnaissance Phase II, Evaluation of Existing Conditions and Make Repair Treatment Recommendations: Based on the Field Reconnaissance, the Team shall assess and evaluate existing conditions and make protection, maintenance, and repair treatment recommendations for the proposed rehabilitation and adaptive reuse project: Code compliance ADA/accessibility compliance and improvements Exiting and life safety Identification of hazardous conditions MP&E systems recommendations Evaluation of condition of exterior and interior finishes and features Existing hazards Fire ratings of wall, floor, and roof assemblies Seismic retrofit Energy efficiency improvements The Team shall summarize its findings and recommendations in writing. The Team shall prepare a Statement of Probable Cost for Repair Treatment Recommendations. Phase II Products: Written summary of evaluation of existing conditions and maintenance and repair treatment recommendations. Statement of Probable Cost for Repair Treatment Recommendations. 91

Page 4 ends

Phase III, Preparation of “As-Builts” Drawings: The Team shall engage a LiDAR Consultant to prepare CAD As-Built Drawings of 122 N. Euclid Ave. only including: Floor Plans of all levels Roof Plan Exterior Elevation of all façades Two Building Sections, one in the north-south direction and one in the east/west direction Phase III Products: As-Built CAD Drawings of 122 N. Euclid Ave. only ADDITIONAL SERVICES The following services are not included in Basic Services. Providing services and consultants for other than normal Architectural, Architectural Historian, and MP&E and Structural Engineering Services. Hazardous Material Study, Mold and Mildew Inspection, Termite Inspection, and Civil and Geotechnical Engineering are also not a part of this Agreement. Providing detailed estimates or analysis of owning and operating costs, or detailed quantity surveys or inventories of material, equipment, and labor. Providing legal services for the preparation of partywall agreements, easements or right of ways. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Architectural practice. OWNER'S RESPONSIBILITIES The Owner shall provide full information regarding his requirements for the Project. The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner or his representative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect. 92

Page 5 ends

COST ESTIMATE Construction Cost does not include the fees of the Architect and consultants, the cost of land, rights of way, or other costs, which are the responsibility of the Owner. Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials, or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. PROFESSIONAL FEES The Professional Fees for Phases I through III shall be as listed below, plus reimbursable expenses. Phase Fee Base Services Phase I, Field Reconnaissance A lump sum of $33,800 Phase II Evaluation of Existing Conditions and Make Repair Treatment Recommendations A lump sum of $74,400 Phase III, Preparation of As-Builts A lump sum of $6,800 Total: $115,000 Reimbursable Allowance: $5,000 Max. Additional Services, if requested by the Owner in writing, shall be billed at the following hourly rates: HOURLY FEE SCHEDULE: PRESERVATION ARCHITECT Principal $225/hr. Licensed Architect $190/hr. Draftsperson $155/hr. CONSULTANTS Architectural Historian $150/hr. Structural Engineer $240/hr. 93

Page 6 ends

MP&E Engineer $220/hr. LiDAR Technician $155/hr. Once the Contract is approved, we will begin work immediately. Billings shall be made to the Owner monthly in proportion to the Work completed plus reimbursable expenses. Reimbursable expenses include printing and any unusual expenses incurred shall be in addition to any fees above. Reimbursable expenses shall be billed at the multiple of 1.1 times cost to cover processing and bookkeeping per the following reimbursable schedule: Reimbursable Cost Schedule Item Cost Printing Invoice Copying .25/page In-house Prints $3/sheet In-house Color copies $1/sheet Other Expenses* Cost The fees listed above, and hourly rates listed are subject to a cost of living increase two years from the date of this Agreement. TIME OF PERFORMANCE We estimate the following time frames to complete each phase of work: Phase Time to Complete Base Services Phase I, Field Reconnaissance 2-3 weeks Phase II Evaluation of Existing Conditions and Make Repair Treatment Recommendations 6-8 weeks Phase III Preparation of As-Builts Concurrent with Phase II Total 8-11 weeks No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to Contractors. 94

Page 7 ends

If the Project is suspended by the Owner or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with reimbursable expenses then due. DEFAULT In the event Owner fails to pay the Architect within thirty (30) days after invoices are rendered, Owner agrees that the Architect shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations, and responsibilities of the Architect under this Agreement are terminated. In such event, Owner shall then promptly pay the Architect all the fees and charges for services rendered by the Architect. DELAYS Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the other's control. TERMINATION This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due and all terminal expenses. OWNERSHIP OF DRAWINGS Drawings and Specifications as Instruments of Service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the Architect. The Owner has rights to print copies or sepias. TERMITE DAMAGE, MOLD/MILDEW AND HAZARDOUS MATERIALS ABATEMENT The Owner hereby assumes all responsibility for the discovery, identification and abatement of all termite damage, mold, mildew, or hazardous materials in the existing structure. The Owner shall hold the Architect harmless from any and all liabilities resulting from same. 95

Page 8 ends

SEISMIC Structural Engineering services are observational only and intended to identify Seismic Retrofit issues and make general recommendations for repairs. The preparation of construction documents and structural calculations is not included. SUCCESSORS AND ASSIGNS The Owner and Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement. Neither the Owner or the Architect shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. LIMITATION OF LIABILITY The Owner agrees to limit the Architect’s liability to the Owner and to all Contractors and Subcontractors on the Project, due to professional negligent acts, errors, or omissions of the Architect, to the sum of $50,000. or the Architect’s fee, whichever is smaller. CLAIMS BY PARTIES All claims, disputes, and other matters in question arising out of or relating to, this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to the contract and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Should arbitration occur between the two parties relating to the provisions of this Agreement, or any act arising out of the performance of this Agreement, all expenses, collection expenses, witness fees, court costs and attorney's fees shall be paid by the non-prevailing party to the prevailing party. The Owner agrees that the Architect can not be joined with any other person that is not a party to this Agreement either by joiner or consolidation except by the Architect's written consent. 96

Page 9 ends

APPLICABLE LAW Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. WARRANTY OF AUTHORITY TO SIGN The person signing this Agreement warrants he has authority to sign as, and on behalf of, the Owner for whom or for whose benefit Thirtieth Street Architect's services are rendered. If such person does not have such authority, he agrees that he is personally liable for all breaches of this Agreement, and that in any action against him for breach of such warranty a reasonable attorney's fee shall be included in any judgment rendered. The undersigned hereby acknowledges that he or she has reviewed and accepts all provisions of this Agreement including the payment schedule. The confirmation is valid for a period of thirty (30) days from the date shown above. If not accepted within thirty (30) days it is void. This Agreement executed on the day and year first written above. OWNER THIRTIETH STREET ARCHITECTS, INC.

Authorized Agent John C. Loomis Lic. #C8684 President James C. Wilson Lic. #C8994 Secretary/C.F.O. 97

Page 1 of 3 ends

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. 7 TO THE

DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
THIRTIETH STREET ARCHITECTS, INC.

1. Parties and Date.

This Amendment No. 7 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Thirtieth Streets Architects, Inc. a 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 “Design Services Agreement” dated February 15, 2021 (“Agreement”). (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services for the Adaptive Reuse Project at 114-118, 122, 124-126, and 128-132 North Euclid Avenue set forth in Amendment No. 7 – Attachment “A” and increase the not-to- exceed compensation amount by One Hundred Twenty Thousand Dollars ($120,000) . The City and Consultant desire to amend the Agreement to extend the Agreement term through December 31, 2025. The Parties have heretofore entered into Amendment No. 1 dated April 19,2022, Amendment No. 2 dated March 21, 2023, Amendment No. 3 dated November 1, 2023, Amendment No. 4 dated March 19, 2024, Amendment No. 5 dated June 6, 2024, and Amendment No. 6 dated August 20, 2024.

2.3 Amendment Authority. This Amendment No. 7 is authorized pursuant to Section

3.8.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.10.1 Consultant's Compensation for Basic Services. City shall pay to consultant, for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Nine Hundred Twenty Six Thousand Six Hundred Dollars ($926,600) ("Total 98

Page 2 of 3 ends

Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "A" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement."
Exhibit A is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 7, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 7.

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. 7.

3.4 Severability. If any portion of this Amendment No. 7 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]
99

Page 3 of 3 ends

SIGNATURE PAGE FOR AMENDMENT NO. 6 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND THIRTIETH STREET ARCHITECTS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 as of the day and year first above written.

CITY OF ONTARIO THIRTIETH STREET ARCHITECTS, INC.

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
100
Department: Public Works
Prepared By: Tim Masot
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Gina Gomez, Andrea Ampig
Approved By:

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

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH SAFE USA, INC. FOR CRACK SEALING SERVICES

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Gas Tax Fund for citywide crack sealing services. The proposed Amendment will increase the contract amount by $116,100 for a contract total of $698,100 plus $25,500 in urgency services for a total not-to-exceed of $723,600.

BACKGROUND & ANALYSIS:

City Staﬀ routinely conducts paving inspections and occasionally identiﬁes the need for crack sealing services. Safe USA, Inc., performs crack sealing services on an as-needed basis citywide for the minor overlay program.

In January 2020, the City solicited bids for Contract No. SM1920-5 for citywide crack sealing services.

Safe USA, Inc., submitted the lowest bid that met all the required specifications for a three-year total of $321,300. On July 1, 2020, the City Council approved Safe USA, Inc., as the crack sealing services supplier for the City’s residential minor overlay program over a ﬁve-year period. On July 1, 2024, a Notice to Extend Agreement with Safe USA, Inc., was approved for citywide crack sealing services.

Due to price increases in paving material and delivery, Staﬀ recommends increasing the total authorized compensation to ensure the Parks and Maintenance Department can continue to complete citywide crack sealing services.
101
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020

AMENDMENT NO. 3 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO AND
SAFE USA, INC.

1. Parties an
d Date.

This Amendm
ent No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Safe USA Inc ., a Corporation Contractor. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled "Maintenance Services Agreement” dated July 1, 2020 (“Agreement”) for the purpose of retaining the services of contractor to provide Crack Sealing Services.

2.2 Amendment P urpose. T he City and Contractor desire to amend the A greement to increase the total amount by $116,100 for a total not-to-exceed compensation of $698,100 The Parties have heretofore entered into that Amendment No.1 dated April 18, 2023 and Amendment No. 2. dated July 1, 2024.

2.3 Amendment Authority. This Amendment No 3 is authorized pursuant to Section 5 changes in work of the Agreement.

3. Terms.

3.1 Amendment . Section 2A and 3A of the Agreement is hereby amended in its entirety to read as follows:
“Section 2 P
rice
A. City agrees to pay, and Contractor agrees to accept, the sum of One Hundred Sixteen Thousand One Hundred ($116,100) subject to adjustments for changes in the work as may be directed
in writing by City, as payment in full for the Work. If the 102
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City desires to exercise the second option year, the total not-t o-exceed contract amount will be Six Hundred Ninety-Eight Thousand One Hundred Dollars ($698,100).”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

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.

3. 3.4 Severability. If any portion of this Amendment No. 3 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 I
ntegration. 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. 3 TO THE

MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND SAFE USA, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO SAFE USA, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

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

City Clerk
104
Department: Public Works
Prepared By: Gil H Mars
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE OMUC ENGINEERING WORKSTATION PROJECT

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations in the Water Capital Fund and Sewer Capital Fund for the PF0010 Municipal Services Center Renovation Project. The recommended Amendment No. 6 to the Professional Services Agreement with CalTek Technologies, Inc. is in the amount of $3,788 for a total not-to-exceed contract amount of $175,957.

BACKGROUND & ANALYSIS:

The City’s growth has increased the need for additional staﬀ within the OMUC Agency located at 1333 S. Bon View Ave. To effectively house and support the increased personnel, two cubicle workstations are being added that will house four individuals. CalTek Technologies, Inc. will integrate the new data cables to the new workstations and connect all the network ports. CalTek Technologies, Inc. has been used for several projects city-wide due to their standardization of cable installation. Most recently, the City Council approved Amendment No. 5 to the Design Services Agreement with CalTek Technologies, Inc. on January 16, 2024, for a similar project at the Ovitt Library. Staﬀ is now recommending the City Council to approve Amendment No. 6 for the OMUC Engineering Workstation Project.
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AM
ENDMENT NO. 6 TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
CALTEK TECHNOLOGIES, INC.

1. P
arties and Date.

Th is Amendment No. 6 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and CalTek Technologies, Inc. , a CORPORATION, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 A greement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated March 2, 2022 (“Agreement”).

2.2 A mendment Purpose. T he City and Consultant desire to amend the A greement to provide additional compensation of Three Thousand Seven Hundred Eighty-Eight Dollars ($3,788). The Parties have heretofore entered into that Amendment No. 1 dated April 4, 2023, Amendment No. 2 dated July 18, 2023, Amendment No. 3 dated December 5, 2023, Amendment No. 4 dated January 16, 2024, and Amendment No. 5 dated January 16, 2024.

2.3 A mendment Authority. This Amendment No. 5 is authorized pursuant to Section

3.2.4 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Attachment “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy -Five Thousand Nine Hundred Fifty-Seven Dollars ($175,957) 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.”
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3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 6, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6.

3.4 Severability. If any portion of this Amendment No. 6 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 6 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND CALTEK TECHNOLOGIES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 6 as of the day and year first above written.

CITY OF ONTARIO CALTEK TECHNOLOGIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

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”

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110
Department: Public Works
Prepared By: Gil H Mars
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

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

A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE JAY LITTLETON BALLPARK AT 1076 N. GROVE AVE

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No. D&C24-016 Jay Littleton Emergency Cleanup, Abatement, and Demolition with Resource Environmental, Inc., of Cerritos, California, for the emergency demolition and site clearance activities on City- owned property located at 1076 N. Grove Avenue in the amount of $991,970 plus a 10% contingency of $99,197 for a total not-to-exceed contract amount of $1,091,167; 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.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended Construction Contract with Resource Environmental, Inc. is in the amount of $991,970 plus a 10% contingency of $99,197 for a total not-to-exceed contract amount of $1,091,167. If approved, additional appropriations will be included in future quarterly budget updates to the City Council for approval in the General Liability Fund for PF2504 Emergency Demolition of Jay Littleton Ballpark.

BACKGROUND & ANALYSIS:

The Jay Littleton Ballpark at 1076 N. Grove Avenue required Emergency Abatement & Demolition, accepted under South Coast AQMD Rule 1403 (c)(14), due to the major ﬁre that burned the stadium down on August 23, 2024. The condition of the site posed an immediate risk to public safety and after assessment, immediate cleanup and demolition of the 111
property was in the best interest of the City and all pedestrians within the area. The work under this project consisted of asbestos abatement, demolition, and site clearance of roughly 12,578 square feet of buildings and structures, foundations, demolition, and backfill.

To expedite the demolition process, the contractual services with Resource Environmental, Inc., of Cerritos, California was secured. The City Council approved a Construction Contract with Resource Environmental, Inc. on December 5, 2023, after a bid solicitation process for D&C23-002 404 N.

Euclid Demolition Project. The scopes from the 404 N. Euclid Demolition Project and the Emergency Demolition of the Jay Littleton Ballpark are comparable and aligned with the expected requirements. Additionally, the City Council recently approved a Construction Contract with Resource Environmental, Inc. for the emergency demolition of the property at 9155/9381 E.

Riverside Drive. Resource Environmental, Inc’s. expertise and availability made them the ideal choice to handle emergency demolition and site clearance in a timely and responsible manner. 112

September 3, 2024 Final Revision Proposal Number: RE: 24-097-Jim

DEMO & ABATEMENT EMERGENCY

City of Ontario
Design & Construction
1333 S. Bon View
Ontario, Ca. 91761
Attn: Gil H. Mars
[email protected]

Project Name: Emergency cleanup of Jay Littleton Ball Park Abatement & Demolition 1076 N. Grove Ave.

Ontario, Ca. 91761

Resource Environmental, Inc. is pleased to provide this bid proposal for furnishing all labor, materials, equipment, disposal, and notifications to perform the following scope of work in accordance with all applicable local, state, and federal rules and regulations.

Resource is a licensed demolition and abatement contractor (Classes A, B, C-21, C-22, D-63, ASB, HAZ) with over 17 years of experience. Resource takes pride in its ability to provide the most competitive pricing, accomplished by the capacity to self-perform all work listed below.

Demolition Site Visit Assessment Only Nothing Else.
Hazardous Material Report: By- Charles Taylor Environmental Tech Services for the Asbestos/Lead Demolition for Lead and Asbestos containing materials. Received email dated 8.30.2024.

File WO-2123579 Two references lead waste profile and asbestos lead survey report. Addenda: None referenced

Scope of work:

Structural and Site Demolition Clean Up:

Work included within bid form to include the following:
 Mobilization- $15,000.00  Removal and Disposal of all Environmental waste per report- $260,000.00  Removal and disposal of all stadium structure remnants from fire indicated so sow received- $180,000.00  Removal and disposal of (2) light pole fixtures foundations to remain- $14,520.00  Removal of wood netting posts at the burn area/ infield- $3,800.00  Backfill dugout area after removal of concrete foundations- $108,000.00  Removal of concrete foundations, slabs, and footings, riser platform (seating box)- $375,450.00  Removal of electrical switchgear box. Wires will be cut at the conduit stub-out- $6,800.00  Removal of pitcher warm-up curb box on both ends of infield- $5,400.00 113

 Removal of water fountains indicated on sow and capping of the line- $4,800.00  Utility pull to obtain a hand -held box provided by others- $3,200.00  Demobilization- $15,000.00

TOTAL LUMP SUM BID PRICE: $991,970.00
Base Schedule Assumed: 20 Days
Assumptions and Additional Clarifications
Asbestos & Lead work:
 Lead or Asbestos containing materials as identified and quantified in the above referenced Report only and nothing else.
 Work to be notified to OSHA performed under local rules and regulations.  All material to adequately wet and utilize equipment and hand tools to remove debris.  Resource to remove and disposal of materials identified in the above-referenced Report per local and state guidelines.

Demolition
 All Demolition of structural remnants within dug out area to include all building foundations and slabs. Slabs are assumed to be 5” and foundations are assumed to be 2’x2’ perimeter only.  Site demolition to include removal items identified in SOW received.  All building materials will be segregated as demolition work progresses.  2 light poles per site visit and sow will be removed down to the foundations.  Removal of wood netting posts at the burn area / infield.  All known demolition debris (trash, concrete, and metal) located within the limits of demolition shall be sized, loaded hauled and disposed of to a designated landfill, transfer station/or recycling facility.  The dugout area will be backfilled and rough graded with free base material provided by the city from grand park location. No compaction or testing has been assumed.
 All debris within the dugout and identified items within the limits of demolition will be removed.  All metals, wood and salvageable equipment will be loaded, hauled, and recycled for added value to the project.

Contract Conditions: This proposal, including listed clarifications, conditions, and exclusions, will be included as part of any mutually agreed upon contract.
 Emergency OSHA will be obtained, and work is assumed to commence on 9.9.2024.  Demo permit to be provided by the City of Ontario.
 All concrete slabs assumed at 5” sections, asphalt sections are assumed at 4”, and foundations are assumed at 2’x2’ not to exceed.
 Site Temp Fence will be provided up to 500 linear feet for a duration of 1 month. Straw Waddle installation has been included up to 500 linear feet. Fencing rental will have to be assumed by City after demolition is complete.  Prevailing wages are included.
 Bonds are included. Up to $9,000.00.
114

 Dump fees are based on current rates as of the extended date of this proposal.  Safe off utilities is assumed as identified in sow only. Nothing else.  Cutting and capping of sewer and fountain water is assumed at 2 locations total.  Drain/Dewater or mitigation has not been included.
 Utilities or its removal components have not been assumed or included. Unless identified within proposal.  This proposal included one (1) mobilization. Additional mobilization will be at $15,000/EA.  Pricing is based on work being performed during normal business hours. This proposal is based on a 40-hour work week.
 Delays out of Resources control shall constitute additional schedule extensions and standby cost and appropriate general condition cost.

Exclusions: The following are excluded unless explicitly stated in the proposal above.

Permits, site security, engineered plans, weather protection, liquidated damages, unforeseen conditions, salvage for others, only hazardous removal per reports have been assumed no other hazardous materials have been assumed, shoring, relocation, bracing, engineering, traffic control, traffic control plans, staking, layout, lagging, underpinning, pedestrian canopies/barricades, protective covers, standby time due to owner/contractor delays, handling asphalt with Petro-mat fabric or concrete plastic below asphalt, utility removal, rerouting or reconnection, termination of utility accounts, utility safe-offs by owner, specialty insurance items not listed in this proposal.

THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS.

Upon commencement of work, this proposal shall become a binding contract between both parties unless and until superseded by a formal mutually agreed upon contract, at which time this proposal shall become a part of the new contract document.

Regards,

Jim Rawson
Jim Rawson
Sr. Project Executive
[email protected]
(951) 475-5650 Cell
115
D&C24-016 Jay Littleton Emergency Cleanup 1 PLANS AND DRAWINGS

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C24-016 Jay Littleton Emergency Cleanup is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Resource Environmental, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF W ORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

D&C24-016 Jay Littleton Emergency Cleanup
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes
and costs, the s um of Nine Hundred Ninety-O ne Thousand Nine Hundred Seventy Dollars ($991,970). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
116
D&C24-016 Jay Littleton Emergency Cleanup 2 PLANS AND DRAWINGS ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $200 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
117
D&C24-016 Jay Littleton Emergency Cleanup 3 PLANS AND DRAWINGS ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
118
D&C24-016 Jay Littleton Emergency Cleanup 4 PLANS AND DRAWINGS IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
AT
TEST:

By:

Sheila Mautz, City Clerk
APPR
OVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Resource Environmental, Inc.

By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
119
Department: Public Works
Prepared By: Joe Minasso
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig
Approved By:

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

AN AMENDMENT TO THE AGREEMENT FOR SOLID WASTE PROCESSING SERVICES

WITH WEST VALLEY MRF, LLC FOR PROCUREMENT OF RECOVERED ORGANIC

WASTE PRODUCT

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The proposed Fiscal Year 2024-25 Budget includes appropriations in the Integrated Waste Fund for the procurement of Recovered Organic Waste Product in an amount of $300,000 per year. The proposed Amendment includes a four-year term through June 30, 2028 for a total amount not-to-exceed $1,200,000.

BACKGROUND & ANALYSIS:

On July 18, 2023, the City Council approved an Agreement for Processing Services with West Valley MRF, LLC. California adopted Senate Bill (SB) 1383 that requires communities to reduce organic waste disposal in landﬁlls, such as food waste, by 75% by 2025. SB 1383 also requires jurisdictions to meet individual recovered organic waste product procurement targets based upon a per capita procurement target of 0.08 tons of organic waste per resident. The State recovered organic waste procurement regulations specify conversion factors to convert a jurisdiction’s procurement target to equivalent amounts of recovered organic waste products in 14 CCR Section 18993.1.(g).

Jurisdictions can meet their procurement requirement by contracting with a service provider that uses recovered organic waste products, like compost or mulch, on behalf of the jurisdiction. West Valley MRF, LLC will procure recovered organic waste products as required by SB 1383. Burrtec Waste Industries, Inc. will also deliver the product to farming interests and make available product to the City of Ontario as needed.
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AMENDMENT NO. 1

TO AGREEMENT FOR PROCESSING SERVICES

BETWEEN WEST VALLEY MRF, LLC

AND CITY OF ONTARIO
This Amendment No. 1 to Agreement for Processing Services (“Amendment No. 1”) is made and entered into this ____ day of October, 2024, by and between Ci ty of Ontario (“ City”) and West Valley MRF, LLC (“West Valley”). City and West Valley are sometimes individually referred to as “Party” and collectively as “Parties.”
Recitals
A. Original Agreement. The Parties entered into that certain Agreement for Processing Services dated September 28, 2023 attached hereto as Exhibit A.

B. Compliance with Law. Whereas, compliance with applicable law is an implied term of every contract. Miracle Auto Center v. Superior Court (1998) 68 Cal.App.4th 818, 821.

C. Senate Bil l No. 1383. Whereas, Senate Bill No. 1383 (2016), and specifically those regulations set forth in section17400 et seq. of Title 14 of the California Code of Regulations, now require the City to obtain the services set forth in Exhibit B (the “Extra Work”).

D. Amendment. City staff has determined that the Extra Work can be most economically obtained through West Valley under the Existing Agreement as modified by this Amendment No. 1 at the rates set forth in Exhibit C.

Amendment
Now therefore, the Parties hereby modify the Original Agreement as follows:
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CITY OF ONTARIO
Approved By:

City Manager
Date

WEST VALLEY MRF, LLC
Approved By:
___________________
Date

1. Definitions. All capitalized terms used in this Amendment No. 1 not define d in this Amendment No. 1 shall have the same meaning as set forth in the Original Agreement if defined in the Original Agreement.

2. Exhibits. Exhibit A, Exhibit B , and Exhibit C hereto are hereby incorporated by reference.

3. Added Services. Exhibit B is hereby added to the Original Agreement as section 4 , subd. (g) (“Extra Work”).

4. Added Compensation. Exhibit C is hereby added to the Original Agreement as section 5, subd. (a)(19) (“Extra Compensation”), provide d that subd. (b) of section 5 of the Original Agreement shall not apply to Extra Compensation until May 15, 2025.

5. Continuing Effect of Agreement. All provisions of the Original Agreement otherwise remain in full force and effect and are reaffirmed. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Original Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

6. 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. 1.

7. Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
122
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 September 28
Exhibit A
123
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 124
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 125
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 126
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 127
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 128
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 129
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 130
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 131
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 132
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 133
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 134
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 135
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 136
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 137
DocuSign Envelope ID: DE1A3685-C617-4687-9316-8B523E2EF519 138
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DEFINITIONS
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

PROVISION FOR PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCT Contractor agrees to coordinate and cooperate with the C ity in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR Section 18993.1.

Annually City shall directly procure from the Contractor at the mutually agreed upon rate including transportation costs , and Contractor shall make available, Recovered Organic Waste Products in an amount not more than the quantity specified in 14 CCR Section 18993.1 as requested by the City.

Recovered Organic Waste Products shall comply with 14 CCR 18993.1(f) throughout the Term of this agreement.

Contractor shall act as a direct service provider and give away the material directly procured by the City from the contractor (or affiliates) in a manner consistent with SB 1383 regulations. Contractor shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2. City reserves the right to direct the contractor to deliver some or all of the material procured to a specific location (s) including the applicable transportation and delivery costs.

Recovered Organic Waste Product pricing shall be adjusted annually based on mutual consent with appropriate justification.

Except as expressly required by this section, Contractor shall have no obligation to deliver any additional Recovered Organic Waste Products under this agreement.

Exhibit B
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PRODUCT UNIT COST
Compost Ton $15.00
Freight Ton $18.00
T
he total compensation for this amendment varies based on the volume and population of organic materials collected.

Exhibit C
148
Department: Utilities
Prepared By: Thomas Palmieri
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Albert G Gastelum, Michael
Sigsbee
Approved By:

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

A PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS GROUP FOR ON-

CALL INTEGRATED PROJECT CONTROLS, ASSESSMENT AND REPORTING SERVICES

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Capo Projects Group (CPG), of San Clemente, California, for On-Call Integrated Project Controls, Assessment and Reporting Services in the amount of $334,848 for Fiscal Year 2024-25 to Fiscal Year 2026-27, with the option to extend the term for up to two successive one-year periods (Fiscal Year 2027-28 to Fiscal Year 2028-29), with up to a one-time 6% increase for a total not-to-exceed amount of $571,474.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Water Capital and Sewer Capital Funds for these services. The recommended Agreement is for a total not- to-exceed amount of $334,848 for the initial term, which will be from October 1, 2024, to October 1, 2027. At the City’s discretion, up to two additional one-year extensions may be executed. Should the City exercise the two successive one-year extensions, the projected total amount to be spent for the five years (October 1, 2024, to October 1, 2029) would amount to a total not-to-exceed of $571,474.

The City and CPG have agreed to an annual license fee for project management software and staﬀ support budget for the ﬁrst three years and a one-time 6% escalation for the two extension years per Exhibit “A”. The City and Consultant have agreed to ﬁxed billing rates and will be compensated for on-call, as-needed services at the billing rates set forth in their respective agreement. The total compensation paid to the consultant in any year under the term of this agreement will be commensurate with the City Council-approved plans and budgets. There is no impact to the General Fund.
149
BACKGROUND & ANALYSIS:

The City's Water, Recycled Water, and Sewer Master Plans identify the water production, transmission, distribution, and sewer collection system improvements necessary to serve existing and future residents and businesses of the City. The Master Plans form the basis for the respective Utilities Capital Improvement Programs (CIP), currently including over 60 projects and projected to be $377.5 million over the next ﬁve years in engineering and construction work for water, recycled water and sewer improvements, facility retrofits and upgrades, and the construction of a new water treatment facility.

The scope of services for the proposed Professional Services Agreement with CPG includes continued project management and scheduling software (CPM Axis), and support services. In October 2019, the City contracted with CPG after an extensive Request for Proposal selection process to establish internal project management policy and procedures that utilize their CPM Axis.

The proposed sole source Agreement will ensure the continuity of project management software and support services.

The software has proven to be an eﬀective tool that enables City Staﬀ to efficiently plan and administer the Utilities CIP.

The software and expert support allow Staﬀ to obtain project summaries and reporting dashboards that assist in eﬀectively and eﬃciently administering the Utility CIP projects. The reports included in the software are project summary reports, scheduling reports, cost summary dashboards, project detailed dashboards, live program detail, critical variance reports, advance scheduling, and time impact analysis on the Utilities CIP projects. The process and tools provided by CPG allow for program management that assists in delivering these capital projects in a timely manner and aligns the City with public water sector capital project management lifecycle best management practices.

Staﬀ is recommending approval of the Professional Services Agreement based upon CPG’s experience, qualiﬁcations, familiarity with the projects, and performance in providing integrated project controls, assessment, and reporting services.
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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 Capo Projects Group, a California Limited Liability Company, with its principal place of business at 942 Calle Negocio – Suite 300, San Clemente, CA 92673 ("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 On-Call Integrated Project Controls, Assessment and Reporting 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 On-Call Integrated Project Controls, Assessment and Reporting project ("Project") as set forth in this 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 all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Integrated Project Controls, Assessment and Reporting consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

AMENDMENT NO. 6.0

TO THE PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

SECTION 00500

CONTRACT

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3.1.2 Term. The term of this Agreement shall be from October 1, 2024 to October 1, 2027, 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 (2) additional one-year terms . 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.

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 Three Hundred Thirty-Four Thousand, Eight Hundred Forty-Eight ($334,848) without written approval of the City Council or City Manager, as applicable. The City shall have the unilateral option, at its sole discretion, to increase the compensation for this Agreement automatically for no more than two (2) additional one-year terms at a not to exceed amount of One Hundred Eighteen Thousand, Three Hundred Thirteen ($118,313) per additional one-year term. The total yearly compensation schedule shall be per Exhibit “B”. 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. Consul tant 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 C onsultant'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.

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.

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.

3.3 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 152
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of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Con sultants 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 ad ditional personnel, including, but not limited to: soc ial 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 Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. 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.

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 . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Adam Trimm, Principal Partner.

3.3.5 City's Representative. The City hereby designates Dennis Mejia, Utilities Engineering Division Manager, 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 Adam Trimm, Principal Partner, 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.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all 153
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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 skill ed 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 employ ee of t he 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 manne r 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 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Tim e and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 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 non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeu re 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.

3.3.9.3 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. 154
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Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 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.

3.3.10.2 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 f rom 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 pre ceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 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.

3.3.10.4 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance . Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, wi thout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant ’s 155
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failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 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.

3.3.11 Insurance.

3.3.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory 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.

3.3.11.2 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 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, suppl ement 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 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. 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, polluti on, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on 156
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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 five (5) years from termination or expiration of this Agreement.

3.3.11.3 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, 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 t his Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (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 non-payment of premium. (B) Automobile Liability : (1) Additional Insured: T he 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 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 u pon 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.

3.3.11.4 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.
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3.3.11.5 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, and shall require similar written expr ess waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the p olicy or policies not contained a deductible or self -insured retention.

3.3.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or 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 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 ext ended 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.

3.3.11.8 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.

3.3.11.9 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.

3.3.11.10 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.

3.3.11.11 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 or qualify the liabilities and obligations 158
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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 does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration 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 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.
(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.

3.3.11.12 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropria te insurance in compliance 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 polici es 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 endor sement 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 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 159
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BB&K (2023) -10- PROFESSIONAL SERVICES AGREEMENT

"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. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, an d shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of th e Project and require the same of any subconsultants.

3.4.3 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 against Consultant or any subconsultant.

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 . City may, by written notice to Consultant, terminate 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 compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consult ant 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.
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3.5.1.2 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 A greement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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 (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses 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, or volunteers.

3.6.2 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 2 782.8, 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 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. 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.

3.7.2 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 903 161
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(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 wit h 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: Capo Projects Group
942 Calle Negocio – Suite 300
San Clemente, CA 92673
ATTN: Adam Trimm
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Dennis Mejia, P.E., Utilities Engineering
Division Manager, OMUC
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 not ice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are pre pared or caused to be prepared by Consultant under this Agreement ("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 162
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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 fifteen (15) 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.

3.7.4.2 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.

3.7.4.3 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 pro ject other than this Project without employing the services of Consultant shall be at 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 D ocuments & 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.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any 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 Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 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 di sclosed 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 163
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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, televisio n or radio production or other similar medium without the prior written consent of City.

3.7.4.6 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.

3.7.5 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.

3.7.6 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.

3.7.7 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 recov er from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 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 cl aim 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.

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

3.7.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
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3.7.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent s hall 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.

3.7.13 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 for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

3.7.15 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.

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

3.7.17 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.

3.7.18 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 co nsideration contingent upon or resulting from the award or making of this Agr eement. 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. 165
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3.7.19 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.

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

3.7.21 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.

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CAPO PROJECTS GROUP

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 CAPO PROJECTS GROUP

By: AAA

Its: BBB
Printed Name: CCC
By: DDD

Its: EEE
Printed Name: FFF

[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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BB&K (2023) Exhibit “A-1” PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "A"

SCOPE OF SERVICES
168
Capo Projects Group
942 Calle Negocio – Suite 300
San Clemente, CA 92673
May 9, 2024
Thomas Palmieri
Ontario Municipal Utilities Company
RE: INTEGRATED PROJECT CONTROLS, ASSESSMENT & REPORTING Capo Projects Group is excited to continue working with the Ontario Municipal Utility Company to advance project controls, schedule assessment and reporting efforts. Below is a proposal for the technical requirements and service hours required to execute the proposed scope:

Objective:

Leverage technology and approach to provide full scale project management organization (PMO) project controls insight with efficiency and cost commensurate with CIP program budget and volume. Below are the (6) foundational principles that drive our approach:
 Eliminate administrative workflow redundancies
 Simple, Single point of engagement with the project team  Accessible information cerates accountability
 Streamlined communication
 Structured data
 Automated Reporting
Recommended Technology Stack:
 Primavera P6 – Primary CPM Scheduling tool ------------------------------------------------------------------------ $ No Charge  Task A - CPM Axis – Schedule and cost administration application -------------------$2,500 / month - Unlimited Users Program & Project PMO Project Controls Services (1 to 35 Projects) (CPG Resource Janet Castellanos):

Below are the steps (tasks) required to deliver monthly CIP program and project level schedule and cost snapshots with baseline, actual and planned data points for each project with key notes and documentation.

1. CIP Program / Project Schedule Updates
a. Provide each project manager with a current project schedule for activity progress and cost update by the second and fourth Friday of each month. The project team shall have all updates in by the second and fourth Friday of each month for the CPG project scheduler to review and update the capital improvement program master schedule.

Task B - Project Schedule Updates and CIP Master Schedule Update: 10 hours @ $183/hr. =$1,830 169
b. Meet with each project manager (8 total project managers), during the last week of each month to review their project status, risks, upcoming issues & challenges as well as current status of schedule activities and project cost.

Task C - Create new project update files in P6 for each project:
 1 hour per meeting X 6 meetings@$183/hr. = $1,098
c. CIP and Project Monthly Reporting maintenance
I. Program Summary Report
II. ASO Goal Summary Report
III. Program Schedule Report By PM
IV. Weekly Project Mangers Report
V. Live Schedule Summary Dashboard
VI. Live Cost Summary Dashboard
VII. Live Project Detail Dashboard
VIII. Live Program Detail
IX. Live Critical Variance Dashboard
X. Live ASO & DG Dashboard
XI. Live OMUC CIP Dashboard
Task D – Monthly maintenance reporting and live dashboard: 3 hours @ $183/hr. = $549 New Business Intelligence Dashboards & Reports (Each) (CPG Resource Autumn Childers):

1. Steps:
a. Report/Dashboard design and data requirements – 2 hours b. Report/Dashboard data diagram and mockup – 2 hours
c. Report/Dashboard development and release – 8 hours
Task E - As needed Business Intelligence Dashboards & Reports (Each) (12hrs x $183/hr.) ---------------------------$2,196 Each Schedule Training (CPG Resources):
a. Custom PlanGo configuration including user interface change, new functionality and as needed training.

Task F – Custom Configuration (100hrs x $172/hr.) ----------------------------------------------------------------------------------$17,200 Each Miscellaneous Time Impact Analysis (CPG Resource Autumn Childers):
a. Baseline Schedule Review (Per Project) Original Plan – 2 hours b. Previous Month (Base File) Schedule Review “As Planned” (Per Project/Per Month/18 Months) – 2hours c. Impact File Analysis and Findings Report (Per Project) – 8 hours Task G - As needed Time Impact Analysis (72hrs x $183/hr.) ----------------------------------------------------------------------$13,176 Each 170
Schedule Training (CPG Resources):
a. Scheduling 101 (2x)– 4 hours
b. Advanced Scheduling (2x) – 4 hours
Task H - As needed Schedule Training (16hrs x $183/hr.) --------------------------------------------------------------------$2,928 Each Summary:

Below is the summary of service units and cost for the 36-month period starting October 1, 2024, ending September 30, 2027 (please note CAPO’s increased hourly rates will not take effect until after October 1, 2024. An additional 24-month option extension is included with a 6% escalation. Janet Castellanos will serve as our primary resource for all OMUC project controls services with Autumn Childers as the secondary support resource. Should Autumn Childers not be available for any reason Capo Projects Group will assign a new primary resource to support the project controls service scope.

Total Cost:

Description Price/Unit Units Subtotal
Task A - CPMaxis Subscription $ 2,500.00 12 months $30,000.00 Task B - Monthly Project Package for the Team $ 1,830.00 12 months $21,960.00 Task C - Monthly Meetings with Project Managers $ 1,098.00 12 months $13,176.00 Task D - Monthly Maintenance $ 549.00 12 months $ 6,588.00 Task E - New Dashboards $ 2,196.00 3 EA $6,588.00
Task F - Custom Configuration $ 172.00 100 hours $17,200.00 Task G - As Needed Time Impact Analysis $ 183.00 72 hours $ 13,176.00 Task H - Schedule Training $ 2,928.00 1x $ 2,928.00
Subtotal for Yearly Services Years 1 to 3 $ 111,616.00
Total: 36 Month Contract Starting 10.01.2024 $ 111,616/ yearly 3 $334,848.00 Total Option: 24 Month Option Start 10.01.2027
6% Escalation
$ 118,313/ yearly 2 $236,626.00
Total 60 Month Contract Value $571,474.00
The budgets above would represent our best prediction of the time needed to provide you this service at the level you would expect. All amounts due will be per hour, subject to the rates outlined above. If you would like to discuss this proposal further or feel that these estimations are not aligned with your expected scope requirements, please do not hesitate to contact me.

Sincerely,
Adam Trimm
Principal Partner – Capo Projects Group(CPG)
C. 310.612.1327 E. [email protected]
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BB&K (2023) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "B"

SCHEDULE OF SERVICES
The services shall be completed within the duration specified below, beginning ten (10) calendar days after Notice to Proceed is issued:

Amend
No.

Task
No.

Project Title Project Duration Not to
Exceed Fee
P.O.

Number
- 0 On-Call Integrated Project Controls,
Assessment and Reporting
10/1/2024 to 9/30/2027 $334,848

0.1 Extension No. 1 10/1/2027 to 9/30/2028 $118,313

0.2 Extension No. 2 10/1/2028 to 10/1/2029 $118,313
Total $571,474

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BB&K (2023) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

COMPENSATION

173
Schedule Training (CPG Resources):
a. Scheduling 101 (2x)– 4 hours
b. Advanced Scheduling (2x) – 4 hours
Task H - As needed Schedule Training (16hrs x $183/hr.) --------------------------------------------------------------------$2,928 Each Summary:

Total Cost:

Sincerely,
Adam Trimm
Principal Partner – Capo Projects Group(CPG)
C. 310.612.1327 E. [email protected]
174

Page 3 of 3 ends

Exhibit “A”

Professional Services Agreement with CAPO Project Group for On-Call Integrated Project Controls, Assessment and Reporting Services Costs Per Year

Year Duration Pretreatment Services Max % Increase (Negotiated Yearly) First Year 10/1/2024 to 9/30/2025 $ 111,616 N/A Second Year 10/1/2025 to 9/30/2026 $ 111,616 N/A Third Year 10/1/2026 to 9/30/2027 $ 111,616 N/A
Fourth Year 10/1/2027 to 9/30/2028 $ 118,313 6%
Fifth Year 10/1/2028 to 9/30/2029 $ 118,313 N/A
Total $ 571,474

175
Department: Engineering
Prepared By: Jeffrey Tang
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

A QUITCLAIM DEED AND A RESOLUTION APPROVING A SUBDIVISION

IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20465, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD

AND HAMNER AVENUE

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Quitclaim Deed to The Ranch at Model Colony, LLC, for fee title ownership transfer of a portion of Ontario Ranch Road; and B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required for this subdivision will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Parcel Map No. 20465, consisting of
10 numbered parcels on
approximately 18 acres of land, as shown on Exhibit A, was submitted by The Ranch at Model Colony, LLC, a Delaware Limited Liability Company (Developer). The Tentative Parcel Map was approved by the Planning Commission on June 27, 2023.

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As a clean-up item prior to approval of the Final Parcel Map, the City will quitclaim a portion of Ontario Ranch Road that is not needed for present or future street or utility purposes, also shown in Exhibit A.

Improvements will include streets, storm drain, domestic water, recycled water, sewer, ﬁber optic conduit, street lights, neighborhood edge and parkway landscaping with irrigation. All landscape improvements will be consistent with current City approved drought measures.

The Developer has entered into a Subdivision Improvement Agreement with the City for Final Parcel Map No. 20465 and has posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer. 177
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RESOLUTION NO. ________

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

CALIFORNIA, APPROVING A SUBDIVISION IMPROVEMENT

AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP
NO. 20465, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO

RANCH ROAD AND HAMNER AVENUE
WHEREAS, Tentative Parcel Map No. 20465 submitted for approval by The Ranch at Model Colony LLC, a Delaware Limited Liability Company, was approved by the Planning Commission of the City of Ontario on June 27, 2023; and WHEREAS, Tentative Parcel Map No. 20465 consists of 10 numbered lots being a subdivision of Parcel 1 of Certificate of Compliance No. CC21-001, recorded July 9, 2021 as Document No. 2021-0310165, of official records, together with that portion of Ontario Ranch Road per document recorded , 2024 as Document No. 2024- of official records, both in the office of the County Recorder of San Bernardino County; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20465, The Ranch at Model Colony LLC, a Delaware Limited Liability Company has offered the Subdivision Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the requirement for the preparation of Covenants, Conditions and Restrictions (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Parcel Map.

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

1. That said Subdivision Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and

3. That Final Parcel Map No. 20465 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City. 179
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 1st day of October 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
180

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: City Engineer
(Exempt from Filing Fees – Government Code § 6103)
SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 20465
between

THE CITY OF ONTARIO
a California municipal corporation
and

THE RANCH AT MODEL COLONY, LLC
a Delaware Limited Liability Company
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SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 20465
I. PARTIES AND DATE
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this 17th day of September, 2024, by and between the City of Ontario, a California municipal corporation (“City”) and The Ranch at Model Colony, LLC, a Delaware Limited Liability Company, with its principal office located at 2950 Airway Avenue, Unit A9, Costa Mesa, CA 92626 (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” II. RECITALS
A. Developer’s tentative parcel map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”), was conditionally approved by the Ontario Planning Commission on June 27, 2023. The tentative parcel map is identified in City records as Tentative Parcel Map No. 20465 (“Map”).

B. Developer has not completed all of the work or made all of the public improvements required by the City’s Municipal Code, the Subdivision Map Act (California Government Code section 66410, et seq.) (“Map Act”), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the City’s Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.

D. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final Map for the Property.

III. TERMS

1.0 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of San Bernardino; (c) the approving body per the Ontario Development Code approves the final map for the Property; and (d) Developer records the final map for the Property in the Recorder’s Office of the County of San Bernardino. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for the Property.
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1.1 Definitions. For purposes of enforcing this Agreement, the term “City” shall include, but shall not be limited to, City Council, Public Works Director, City Engineer, Community Development Director, Building Official, or any of their authorized representatives.

City shall have the sole and absolute discretion to determine which public body, public official, or public employee may act on behalf of City for any particular purpose.

2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility that will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer, or his/her authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all 184
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applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

2.7 Superintendence by Developer. Developer shall require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements.

Before starting work on the Public Improvements, each contractor and subcontractor shall submit in writing the name of the proposed foreperson, who shall be subject to the review and approval of City. Following approval by City, each foreperson shall be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. The Developer shall employ a competent construction manager that is responsible for the entire work. Each contractor or subcontractor shall contractually report to the construction manager, either directly or through a subcontract. The construction manager shall be immediately available by phone during hours when construction is in progress and shall be available in person within two hours when requested by the City. The construction manager shall coordinate the work such that construction and the associated inspection happen in an efficient manner. Should a contractor or subcontractor desire to change its foreperson, it shall provide the information specified above and obtain City’s prior written approval. City, in its sole and absolute discretion, may require any contractor or subcontractor to replace its foreperson provided that City gives the contractor or subcontractor at least forty-eight hours written notice.

Developer shall, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and shall not employ any unfit person or anyone not skilled in the 185
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assigned task. If any person employed by, the Developer, a contractor or subcontractor fails or refuses to carry out the directions of the City or appears to the City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person shall be removed from the project immediately upon request by the City, and such person shall not again be employed on the work. Such removal shall not be the basis for any claim of compensation or damages against the City.

In addition, Developer shall maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer’s behalf in Developer’s absence shall be available to be on the job within three (3) hours of being called at such office by the City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other day or time when work is being performed on the Public Improvements. Developer shall also provide City with a telephone number, at which Developer, or its representative, shall be available twenty-four (24) hours a day in the event of an emergency.

3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Public Improvements.

Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released.

Maintenance shall include, but shall not be limited to: repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum.

Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.1 Landscaping and Existing Irrigation Systems. Developer shall plant and maintain parkway trees and landscaping as provided in Section 10-2.07 of the City Municipal Code, and as directed by the Public Facilities Department. The Developer shall also be responsible for the replacement, relocation or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system.
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4.0 Construction Schedule. Unless extended pursuant to Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final Map. At least fifteen (15) days prior to the commencement of such work, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.

4.1 Extensions. Time is of the essence with regard to this Agreement. The City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on City.

It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement. Developer further agrees that the indemnification as set forth in this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.

6.0 Encroachment Permit. Developer shall obtain any necessary encroachment permits from the office of the City Engineer prior to start of any work within the public rights-of-way, and the Developer shall conduct such work in full compliance with the regulations and other requirements contained therein. The Developer shall be responsible for the removal of all loose rock and other debris from the public rights-of-way resulting from work done on adjacent property 187
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or within said rights-of-way. Work done within existing public rights-of-way shall be diligently pursued to completion with minimal obstruction or inconvenience to the public and pursuant to the terms of the encroachment permit and any applicable federal, state or local laws, rules or regulations. The City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all costs and expenses incurred from the Developer or its surety by any lawful means. Non-compliance with the terms of the encroachment permit or any applicable federal, state or local laws, rules or regulations may result in the City’s cessation of the work and assessment of any applicable penalties or other remedies. Prior to, and as a condition precedent to, the issuance of any required encroachment permit(s), Developer shall provide to the City evidence satisfactory to the City of: (1) the certificate(s), endorsement(s), or policy(ies) of insurance as required by this Agreement; and (2) any and all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work.

7.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City, or by any other state or federal laws or regulations.

8.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the Public Improvements. These fees must be paid in full prior to approval of the final map and improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.

9.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

10.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial 188
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acceptance of the Public Improvements by City, the City Clerk shall file with the Recorder’s Office of the County of San Bernardino, a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acceptance in writing of such Public Improvements by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

11.0 Default; Notice; Remedies.

11.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs and expenses.

11.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of City’s demand for performance.

In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

11.3 Notice of Violation; Stop Work Order. If City determines that there is a violation of applicable federal, state or local laws, ordinances, regulations or other requirements, or the terms and conditions of this Agreement, the City and/or City Engineer may issue a Notice 189
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of Violation and Demand for Compliance and/or a Stop Work Order. The City may declare the Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall comply with the Notice of Violation and/or Stop Work Order and shall substantially commence the work required to remedy the default or violation with the time specified in the Notice of Violation. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City and/or City Engineer may provide the Notice of Violation verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

11.4 Other Remedies. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

11.5 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

13.0 Security.

13.1 Prior to execution of this Agreement, Developer shall provide City with sufficient security in the amounts and under the terms set forth below (“Security”). Nothing in this Section is intended to prevent City, in its sole discretion, from requiring Developer to submit, or prevent Developer from submitting, security in a form other than bonds that may be allowed under California Government Code Section 66499, et seq. and the City’s Municipal Code, and acceptable 190
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to City. The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all public landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this Section shall in no way limit or modify Developer’s indemnification obligation under this Agreement. Security shall be on forms approved by the City for the purposes and amounts as follows:

13.1.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City security in the amount of TWO MILLION,

TWO HUNDRED THIRTY-SEVEN THOUSAND, ONE HUNDRED SEVENTEEN DOLLARS AND FIFTY-ONE CENTS ($2,237,117.51), which sum shall be not less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”). The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided herein, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period (as defined above), or any extension thereof as provided in this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map.

13.1.2 Labor & Material Bond. To secure payment to the contractor and subcontractors, laborers, material men and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City security in the amount of TWO MILLION, TWO HUNDRED THIRTY-SEVEN

THOUSAND, ONE HUNDRED SEVENTEEN DOLLARS AND FIFTY-ONE CENTS ($2,237,117.51) , which sum shall not be less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”)..

The security provided under this subsection may be released by written authorization of the City Engineer after one (1) year or within the time limits established in California Government Code section 66499.7 from the date City accepts the final Public Improvements at the discretion of City.

The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

13.1.3 Monument Security. To guarantee payment by the Developer to the engineer or surveyor whose certificate appears on the final map for the setting of all subdivision boundaries, lot corners and street centerline monuments, as well as the furnishing of all centerline tie notes to the City, prior to the City’s execution of this Agreement, Developer shall deposit cash with the City in the amount of FIVE THOUSAND DOLLARS ($5,000). Said cash deposit may be released after receipt by the City of the centerline tie notes and written acknowledgment of payment in full from the engineer or surveyor.
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13.1.4 Warranty Bond. To provide in the amount of ten percent (10%) of the Estimated Costs of the Work to guarantee and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done, or defective materials furnished, as required by California Government Code Section 66499.3(d). Any unused portion of the guarantee and warranty security shall be released one year after acceptance of the required improvements by the City Council.

13.2 Bond/Surety Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of no less than A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13.3 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

14.0 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section.

15.0 Indemnification. Developer shall defend (with counsel reasonably satisfactory to the City Attorney), indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement and shall not be restricted 192
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to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

16.0 Insurance.

16.1 Time for Compliance. Developer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Developer shall not allow any contractor to commence work on any contract until it has provided evidence satisfactory to the City that the contractor 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.

16.2 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 Developer, 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, Developer agrees to amend, supplement or endorse the policies to do so.

16.2.1 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.

16.2.2 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.

16.2.3 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.

16.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Developer shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

16.3.1 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 Developer; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Developer shall provide endorsements in the form of ISO CG 20 10 10 01 and 193
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20 37 10 01 (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 non-payment of premium.

16.3.2 Automobile Liability: (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.

16.3.3 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.

16.4 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.

16.5 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 Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its contractors.

16.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, 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.

16.7 Evidence of Insurance. The Developer, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or 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 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, Developer shall, within ten (10) days after receipt of written notice of such cancellation or reduction of 194
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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.

16.8 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.

16.9 Enforcement of Agreement Provisions (non estoppel). Developer acknowledges and agrees that actual or alleged failure on the part of the City to inform Developer of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

16.10 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.

16.11 Additional Insurance Provisions

16.11.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Developer, 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 Developer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

16.11.2 If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Developer.

16.11.3 The City may require the Developer to provide complete copies of all insurance policies in effect for the duration of the Project.

16.11.4 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.

16.11.5 The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Developer from liability in excess of such coverage, nor shall it limit the Developer’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.

16.11.6 Developer shall report to the City, in addition to Developer’s insurer, any and all insurance claims submitted by Developer in connection with this Agreement. 195
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17.0 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

18.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to the Property, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors, or its subcontractors an agent, contractor or subcontractor of City.

19.0 General Provisions.

19.1 Authority to Enter 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.

19.2 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.

19.3 Construction; References; Captions. It being agreed the Parties or their agents have participated 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 Developer include all personnel, employees, agents, and contractors and subcontractors of Developer, 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 for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

19.4 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this Section. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.
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CITY: DEVELOPER:

City of Ontario
Engineering Department
303 East “B” Street
Ontario, CA 91764
Attn: City Engineer
Attn:

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

19.6 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, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by the Developer without the prior written consent of the City.

19.8 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution, or performance of the Public Improvements or this Agreement.

19.9 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and 197
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shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

Following any permitted assignment, hypothecation, or transfer of the Public Improvements as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned, hypothecated, or transferred.

19.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.

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

19.12 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.

19.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

19.14 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs. This Section shall survive the termination or expiration of this Agreement.

19.15 Acquisition and Dedication of Easements or Rights-of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already-existing public right-of-way, no construction or installation shall be commenced before:
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19.15.1 The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or

19.15.2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California’s Eminent Domain Law. Developer shall comply in all respects with any such order of possession.

Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements.

19.16 Prevailing Wages. Developer has been alerted to the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.

19.17 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS]
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CITY OF ONTARIO
a California Municipal Corporation
By:

Scott Ochoa, City Manager

THE RANCH AT MODEL COLONY
a Delaware Limited Liability Company
By:

Signature
Print Name
Title
ATTEST:

By:

Sheila Mautz, City Clerk
By:

Signature
Print Name
Title
APPROVED AS TO FORM:

By:_________________________________
Best Best & Krieger, City Attorney
NOTE: DEVELOPER’S AND SURETY’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

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

WITNESS my hand and official seal.

Signature: (seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 20465

IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE NO. CC21- 001, RECORDED JULY 9, 2021 AS DOCUMENT NO. 2021-0310165, OF OFFICIAL

RECORDS, TOGETHER WITH THAT PORTION OF ONTARIO RANCH ROAD PER

SEPARATE INSTRUMENT OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 20465
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his/her order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his/her opinion, are necessary or required to complete this work.

Developer is required to perform the following Public Improvements under this Agreement:
[ENGINEERING COST ESTIMATE ATTACHED BEHIND THIS PAGE]
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EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
PARCEL MAP NO. 20465
As evidence of understanding the provisions contained in this Agreement, and of Developer’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

FAITHFUL PERFORMANCE BOND: $ 2,237,117.51
Surety:

Attorney-in-fact:

Address:

PAYMENT BOND: $ 2,237,117.51
Surety:

Attorney-in-fact:

Address:

GUARANTEE AND WARRANTY SECURITY BOND: $ 223,711.75
To be posted upon completion of the Public Improvements by Developer and approval and acceptance by the City.

CASH MONUMENT SECURITY: $ 5,000
Amount deposited per Cash Receipt No. _______________
Date: _________________
[BONDS ATTACHED BEHIND THIS PAGE]
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CITY OF ONTARIO

FAITHFUL PERFORMANCE BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: PARCEL MAP NO. 20465
WHEREAS, the conditions placed on the tentative parcel map for Parcel Map No. 20465 require that the City of Ontario, a municipal corporation of the State of California (“CITY”), by its City Council, and The Ranch at Model Colony, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and WHEREAS, the PRINCIPAL is required under the terms of the Agreement to furnish a bond, in a form and from a surety acceptable to the CITY, for the faithful performance of the Agreement.

NOW, THEREFORE, PRINCIPAL and ______________________________ (“SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY in the sum of TWO MILLION, TWO HUNDRED THIRTY-SEVEN

THOUSAND, ONE HUNDRED SEVENTEEN DOLLARS AND FIFTY-ONE CENTS ($2,237,117.51), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless CITY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499, et seq., of the Government Code of California and the CITY’s Municipal Code as security for performance of the Agreement and security for the one-year guarantee and warranty of the Public Improvements. 206
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SURETY, by executing this bond, warrants and alleges that it has read the Agreement, or by signing this bond shall be deemed to have read the Agreement, and knows the contents and all provisions contained therein, and shall be bound by each and every term, condition, and provision contained therein.

IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 207
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
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CITY OF ONTARIO

LABOR & MATERIAL BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: PARCEL MAP NO. 20465
WHEREAS, the conditions placed on the tentative parcel map for Parcel Map No. 20465 require that the City of Ontario, a municipal corporation of the State of California (“CITY”), by its City Council, and The Ranch at Model Colony, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and WHEREAS, under the terms of the Agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, PRINCIPAL and _________________________ (“SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the PRINCIPAL, the sum of TWO MILLION, TWO HUNDRED

THIRTY-SEVEN THOUSAND, ONE HUNDRED SEVENTEEN DOLLARS AND FIFTY- ONE CENTS ($2,237,117.51), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said SURETY will pay the same in or to an amount not exceeding the sum specified herein.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s 210
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fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code and the City’s Municipal Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 211
46700.00100\34321548.1
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.
[SEAL]
Signature______________________________________
212
46700.00100\34321548.1
C-9
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
213
46700.00100\34321548.1
C-10

CITY OF ONTARIO

SUBDIVISION MAINTENANCE BOND

GUARANTEE AND WARRANTY SECURITY
PROJECT: PARCEL MAP NO. 20465
WHEREAS, the conditions placed on the tentative parcel map for Parcel Map No. 20465 require that the City Council of the City of Ontario, State of California, and The Ranch at Model Colony, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement by which PRINCIPAL agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance (“Agreement”); and
WHEREAS, PRINCIPAL is required under the terms of the Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Agreement.

NOW, THEREFORE, we, PRINCIPAL and __________________________________ a __________________________________, admitted and duly authorized to transact business under the laws of the State of California as surety (“SURETY”), are held and firmly bound unto the City of Ontario as obligee (“CITY”), in the penal sum of TWO HUNDRED TWENTY-

THREE THOUSAND, ONE HUNDRED SEVENTEEN DOLLARS AND SEVENTY-FIVE CENTS ($223,711.75) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The surety waives all rights of subrogation against CITY or any person employed by CITY.
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IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 215
46700.00100\34321548.1
C-12
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
216
46700.00100\34321548.1
C-13
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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

WITNESS my hand and official seal.

Signature: (seal)
217
Department: Economic Development
Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

A RESOLUTION APPROVING A FIRST AMENDMENT TO A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID

INVESTMENT GROUP, LLC,
WITH RESPECT TO APPROXIMATELY 1.19 ACRES OF

LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE&NBSP; (APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14)

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

Adopt a Resolution approving a First Amendment to a Disposition and Development Agreement (on ﬁle with the Records Management Department) between the Euclid Investment Group, LLC.

B
.

Authorize the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

The
purchase price of $1,088,564, which represents fair market value, will remain unchanged.

BACKGROUND & ANALYSIS:

In December of 2022, the City entered into a Disposition and Development Agreement ("DDA") with Euclid Investment Group, LLC ("Developer"), for the development of multifamily residential units located on approximately 1.19 acres of land, containing an area bordered by "D" Street to the north, Plum Avenue to the east, the Ovitt Family Community Library to the south, and Lemon Avenue to the west ("Development"). The Development will result in the construction of approximately 73 market rate rental housing units and consist of one and two-bedroom units. O
ne-bedroom units range from 674-697 square feet,
and two-bedroom units will range in size from 864-986 square feet.

The project also includes
surface parking and open space area for residents. The Development oﬀers an opportunity to 218
continue Ontario’s eﬀorts to revitalize downtown Ontario with high-density residential units, which will in turn bring more pedestrians and visitors to create a vibrant downtown.

The Developer is currently developing the mixed-use project on the northeast corner of Euclid Avenue and C Street which they will own and manage. They also own and manage residential, mixed-use and office/commercial projects at various locations throughout Southern California.

Staﬀ is recommending approval of the First Amendment which will allow for a slight adjustment to the schedule of performance, accelerating the sale of the property which will also permit project ﬁnancing and commence of construction ahead of schedule. All other Developer duties and
obligations, and City safety measures and rights, remain unchanged and in place under the terms of the original Agreement.
219
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO A

DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY

OF ONTARIO AND EUCLID INVESTMENT GROUP, LLC FOR THE

DEVELOPMENT OF REAL PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF D STREET AND LEMON AVENUE, APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, and 1048-556-14, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37350 ET.

SEQ.

WHEREAS, the City and Euclid Investment Group, LLC, a Delaware limited liability company (“Developer”) entered into that certain 2022 Disposition and Development Agreement (Southeast Corner of D Street and Lemon Avenue) dated December 6, 2022 (the “DDA”) to purchase from the City and development of the approximately 1.19-acre property (APNs 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, 1048-556-14), commonly known as 206-218 East D Street, Ontario, CA 91762, bounded by Lemon Avenue on the west, D Street on the north, Plum Avenue on the east, and the Ovitt Family Community Library to the south, in Ontario, California (the “Property”); and WHEREAS, for the purposes of expediting the acquisition of the Property, Developer has requested of the City, and the City is willing to agree, to accelerate the closing date of the Escrow (as assumed by Developer) and to waive and release Developer from the conditions precedent in the DDA that otherwise would have required the Escrow to close only after entitlements have been approved by the City, the Developer ready to pull building permits, and the Developer demonstrate proof financing for the entire project prior, as more particularly set forth in the First Amendment to the DDA (the “Amended DDA”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Approval of the Amended DDA. The City hereby approves the Amended DDA, in substantially the form attached to this Resolution as Exhibit “A,” subject to any non-substantive revisions that do not increase the City’s liability and are approved by the City Attorney; authorizes the City Manager to sign and enter into the Amended DDA; and directs the City Manager to perform the obligations of the City under the Amended DDA.

SECTION 3. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect 220
without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 1st day of October, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
221

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
222
EXHIBIT “A”
First Amendment to the
Disposition and Development Agreement
[attached behind this cover page]
223
-1-

FIRST AMENDMENT
TO

DISPOSITION AND DEVELOPMENT AGREEMENT
(Southeast Corner of D Street and Lemon Avenue)
This FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (“Amendment”) is dated as of October 1, 2024 (“Date of Amendment”), for reference purposes only, and is entered into by and between the City of Ontario, a California municipal corporation (“City”), and Euclid Investment Group, LLC, a Delaware limited liability company (“Developer”). City and Developer are sometimes referred to in this Amendment, each individually, as a “Party,” or collectively, as the “Parties.”

RECITALS
This Amendment is entered into with reference to the following recitals (“Recitals”):

A. City and Developer entered into that certain 2022 Disposition and Development Agreement (Southeast Corner of D Street and Lemon Avenue) dated December 6, 2022 (the “DDA”) with respect to Prior Developer’s purchase from the City and development of the approximately 1.19-acre property (APNs 1048-556-0l, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, 1048-556-14), commonly known as 206-218 East D Street, Ontario, CA 91762, bounded by Lemon Avenue on the west, D Street on the north, Plum Avenue on the east, and the Ovitt Family Community Library to the south, in Ontario, California (the “ Property”), which Property is more fully described in the DDA; and
B. For the purposes of expediting the acquisition of the Property, Developer has requested of the City, and the City is willing to agree, to accelerate the closing date of the Escrow (as assumed by Developer) and to waive and release Developer from the conditions precedent in the DDA that otherwise would have required the Escrow to close only after entitlements have been approved by the City, the Developer ready to pull building permits, and the Developer demonstrate proof financing for the entire project prior, as more particularly set forth in this Amendment; and C. Developer has represented to the City that Developer is considering revisions to the project under the DDA, and Developer also has represented that it will either proceed with the currently entitled project or will have submitted a complete application for revised entitlements and an updated DDA within six months of the closing of Escrow.

NOW, THEREFORE, in consideration of the mutual promises set forth in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City, Agency, and Developer, the Parties agree as follows:

TERMS OF AMENDMENT

1. INCORPORATION OF RECITALS . The Recitals of fact set forth preceding this Amendment are true and correct and are incorporated into this Amendment in their entirety by this reference.
224
-2-

2. CAPITALIZED TERMS. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to them in the DDA.

3. RATIFICATION OF CONSENT . The City Council hereby ratifies the Assignment Agreement and the assignments from Prior Developer to Developer, as more particularly described the Assignment Agreement, as a valid and binding action by the City.

4. WAIVER AND RELEASE BY THE PARTIES FROM CERTAIN
OBLIGATIONS UNDER THE DDA PRIOR TO CLOSING ESCROW . Notwithstanding Sections 3.2.1 [Developer’s Conditions to Closed of Escrow] and subsections 3.2.1.7, 3.2.1.8,

3.2.1.9 therein, notwithstanding Sections 3.2.2 [City’s Conditions to Close Escrow] and subsections 3.2.2.4, 3.2.2.6, 3.2.2.7, 3.2.2.8, 3.2.2.9, 3.2.2.10, and notwithstanding any other provisions in the DDA to the contrary, the Close of Escrow and Escrow Closing Date may occur:
(a) prior to Developer having obtained all of the Entitlements, (b) prior to Developer delivering to the City and the City accepting the Financial Commitment(s) applicable to the Property, (c) prior to Developer receiving City’s approval of the Construction Loan and Construction Lender applicable to the Property, and (d) prior to City having issued approved Building Permits or having stamped and issued plans in “Ready to Issue Permits” status.

5. REVISED ESCROW CLOSING DATE . Notwithstanding Section 3.6 or any other provisions in the DDA to the contrary, the Escrow Closing Date shall occur no later than October 15, 2024.

6. EFFECT OF AMENDMENT. Except as expressly provided in this Amendment, all of the terms, conditions, and provisions set forth in the DDA shall remain in full force and effect. From and after the Date of Amendment, wherever the term “Agreement” or “DDA” appears in the DDA, it shall be read and understood to mean the DDA, as amended by this Amendment.

In the event there is any conflict between the terms of this Amendment and the terms of the DDA, the terms of this Amendment shall govern and control.

7. EXECUTION IN COUNTERPARTS . This Amendment may be executed in counterparts, each of which, when all Parties hereto have signed this Amendment, shall be deemed an original. This Amendment may be executed and delivered by facsimile or email transmission of a file in .pdf or similar format or via electronic signatures (using platforms including, but not limited to, DocuSign and Digi-Ink) and, upon such delivery, each signature shall be deemed to have the same effect as if the original signature had been delivered. (Signatures on Following Pages)
225

SIGNATURE PAGE
TO

FIRST AMENDMENT
TO

DISPOSITION AND DEVELOPMENT AGREEMENT
(Downtown D Block)
CITY:

THE CITY OF Ontario
a California municipal corporation
Dated:_________________, 2024 By:

City Manager
ATTEST:
____________________________
City Clerk
APPROVED AS TO LEGAL FORM:

By: _______________________
City Attorney
(Signatures continue on next page)
226
-2-

SIGNATURE PAGE
TO

FIRST AMENDMENT
TO

DISPOSITION AND DEVELOPMENT AGREEMENT
(Downtown D Block)
DEVELOPER:

Euclid Investment Group, LLC, a Delaware limited
liability company
By: Hutton Ontario, Inc.,
a California corporation
its Manager Member
Dated:_________________, 2024 By:

Scot Felix, President
227
Department: Police Department
Prepared By: Heather M Lugo
Department:

Prepared By: Heather M Lugo
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON

SAFETY & INFRASTRUCTURE FOR THE PURCHASE OF A NEW POLICE RECORDS

MANAGEMENT SYSTEM (RMS)

CITY OF ONTARIO
Agenda Report
October
1, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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:

Hexagon software license, recurring maintenance and professional services, travel, training, and project contingency required to transition the City' s records management system (RMS) to Hexagon On Call Records. The proposed Amendment to the Professional Services Agreement increases the authorized contract amount by $3,239,580 for a total not-to-exceed contract amount of $8,425,696. The ﬁscal year 2024-25 Adopted Budget includes appropriations in the Information Technology Fund for the RMS project. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

In February 2024, the City of Ontario contracted with Hexagon to purchase and implement the public safety I/CAD solution to upgrade and enhance the computer- aided dispatch (CAD) system. To ensure data continuity, it was imperative to select a records management system that would integrate easily and eﬃciently. For this reason, Hexagon Oncall Records was selected as the software to replace the current RMS system.

The current RMS was acquired in 2004 as a software suite with CAD. At the time, the product was innovative and customizable. After almost twenty (20) years of service to the Police department, 228
the system is now obsolete with an end of life within the next few years. It is outdated and runs on older equipment that does not quickly scale as the demand for updated reporting increases. RMS is an essential system that manages records and reports for the entire Police Department. It allows Records, Administrative Staﬀ, and Oﬃcers to input, revise, access, and review reports. This is a critical component of the department's daily operations. The output reports are provided to the courts and citizens when requested. The current RMS system has not been upgraded since its purchase and installation in 2004. With emerging technology and all new software purchases by the Police Department, purchasing and upgrading the current system is essential. The new RMS system will provide the ability to meet new reporting requirements by the Department of Justice (DOJ), which the current RMS system cannot meet. Staﬀ requests the City Council approval to amend the Agreement to increase the not-to-exceed amount to $8,425,696 with no change to the Agreement term.
229
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. 1 TO

THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

INTERGRAPH CORPORATION

1. Parties and Date.

This Amendment No. 1 to the Professional Services Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and INTERGRAPH CORPORATION, through its Hexagon Safety, Infrastructure & Geospatial division , a Delaware Corporation, 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 Agreement. The City and Consultant have entered into a Professional Services Agreement for I/CAD Software and Recurring Maintenance, Implementation and Training services dated February 16th, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to include additional Scope of Work and Compensation.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.7.16 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 of the Agreement is hereby amended to include additional services to read as follows:

3.1.1 General Scope of Services. Under Order 1, 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 from the original agreement as Exhibit "A" and implement a separate Subsystem, OnCall Records, which shall be a separate and a distinct Order from Order 1 and its optional Orders provided that Exhibit “F” (Maintenance Terms and Conditions) shall govern the provisioning of Maintenance Services for OnCall Records in Orders 12-14, incorporated herein by 230
reference attached hereto as Exhibit “H” (“Services”). The Orders 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.’

The Agreement shall include Order 11. The scope of the RMS Order is fully contained within Exhibit “H” hereto (the “RMS Order”), which is added to the Agreement under a corresponding reference, and which is incorporated by reference herein. Orders 12-14 shall also be regarded as optional Orders.

The Table in Section 2A of the Agreement is supplemented with the following Table, which addresses the RMS Order and optional Orders pertaining to RMS.

Order Description Order
Number
Base Agreement
or Option
Applicable
Exhibits
Implementation and Licensure
of OnCall Records
11 Base E, E-1, E-2, and
H
RMS Maintenance Year 2
(begins one year after Cutover)
12 Option E, E-1, F, and H
RMS Maintenance Year 3 13 Option E, E-1, F, and H
RMS Maintenance Year 4 14 Option E, E-1, F, and H

3.2 Amendment. Section 3.1.2 of the Agreement is hereby to include additional services to read as follows:

3.1.2 Optional Scope of Services. Order 1 and Order 11 are distinct of one another but contemplate similar scope in that they both include the Services and Software leading to the implementation of a specific Subsystem. References to Order 1 or “Services” in the Professional Services Agreement (omitting the Exhibits) applies mutatis mutandis to Order 11 provided that the Software is licensed to the City pursuant to Exhibit “E”.

Exhibits “C” and “D” are unique to Order 1. With respect to Orders 11-14: (i) the compensation and fees to be paid associated with those Orders are included as an Attachment within Exhibit “H”, and (ii) the payment milestones associated with Order 11 is included as an Attachment to Exhibit “H”. The obligations in the Agreement pertaining to Exhibit “C” and “D” shall apply mutatis mutandis to the compensation and payment milestone attachment in Exhibit “H” as it pertains to Orders 11-14.

3.3 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

To the extent the City exercises any or all option Orders, the City shall pay Hexagon all compensation due for the optional Order(s) as provided in Exhibit “C” and Exhibit “H” provided that the pricing set forth in the Quote for Maintenance Services shall apply in lieu of Exhibit “C” and Exhibit “H” in the event the City has purchased additional or different Software than is provided in Exhibit “C” and Exhibit “H” or in the event of a Lapse.

NOTE: Annual Maintenance or Subscription fees for software licenses at the quantities specified in Exhibit “C” cannot be increased more than 3% annually. The Parties acknowledge that if the City purchases additional software licenses beyond what is set forth in Exhibit “C” (“Additional Software”) then total pricing of the Maintenance Order will be adjusted higher to account for the added software. However, the 3% escalation cap shall apply to subsequent years for the Additional Software in like fashion as provided for the Software (and quantities) listed in Exhibit “C”.

3.4 Amendment. Section 3.3.5 of the Agreement is hereby amended in its entirety to read as follows:

3.3.5 Consultant's Representative. For both Order 1 and 11 Consultant hereby designates Donno Cole, Director of Services and Delivery, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). For all Orders, to the extent they are exercised, the Consultant shall identify an account representative on all other Orders. 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 all 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

3.5 Amendment. Section 3.7.7 of the Agreement is hereby amended in its entirety to read as follows:

3.7.7 Entire Agreement. This Agreement together with Exhibits “A”-“H” and the Order Documents expressly described herein constitutes 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 for the satisfactory coordination of all portions of the Services under this Agreement. Exhibits “F” “F-1”, and “G”, attached hereto and incorporated by reference herein, are added to the agreement. 232

3.6 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.7 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. 1.

3.8 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.9 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]

233

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

INTERGRAPH CORPORATION DBA HEXAGON

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO INTERGRAPH CORPORATION DBA

HEXAGON

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:

City Manager
Scott Ochoa
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

234

Statement of Work
EXHIBIT “F”

MAINTENANCE TERMS AND CONDITIONS FOR SOFTWARE
These terms and conditions (“Maintenance Terms”) govern the provision of maintenance and support services by Hexagon with respect to Covered Products.

1. DEFINITIONS.

All capitalized terms not otherwise defined herein shall have the meaning set forth in the associated Exhibit E-1 titled “Common Terms Glossary.”

2. TERM.

2.1. Term. Subject to execution/acceptance of the Order Documents, the Maintenan ce Contract shall begin, retroactively (if applicable), on the first calendar day of the first Month of the Coverage Period and shall expire on the last calendar day of the last Month of the Coverage Period. The Coverage Period shall be for whole Months only.

2.2. Renewal. Prior to expiration of an earlier Coverage Period, Hexagon may submit to Customer a renewal quote with pricing for extension of the Coverage Period. The Parties may extend the Coverage Period pursuant to Order Documents.

2.3. Lapse. In the event of a Lapse: (i) Hexagon shall, at any time, be entitled to discontinue Maintenance Services, in whole or in part, for the affected Covered Products; (ii) Hexagon shall be relieved of any previously provided pricing commitments or options for Maintenance Services, if any, related to time periods following the Lapse; and, (iii) Hexagon ma y permit Customer to reinstate support for Covered Products pursuant to Hexagon’s then current policie s and practices, including any policies or practices related to payment of reinstatement fees.

3. SCOPE OF COVERAGE FOR COVERED SOFTWARE PRODUCTS.

Maintenance Services described in this Section apply to Covered Software Products only. Maintenance Services for Covered Third Party Products are separately stated.

Hexagon offers three levels of Maintenance Services for Covered Software Products, dependent upon the Software Product and other factors. Under all levels of Maintenance Service, Hexagon shall provide reasonable commercial efforts to aid in the diagnosis of Defects. Under all levels of Maintenance Services, but only until the subject Software Product version reaches Version Limitation I or Version Limitation II, Hexagon shall provide reasonable commercial efforts to aid in correction of Defects. After a Software Product version reaches Version Limitation I, but only until the subject Software Product reaches Version Limitation II, Hexagon shall provide reasonable commercial efforts to aid in correction of Level One Defects only. The level of Maintenance Services for each Software Product is identified in the Order Documents, subject however to Version Limitations.

Hexagon shall respond to reported Defects in accordance with the response times provided in Exhibit E. The method of correction of reported Defects shall be at Hexagon's discretion, provided that Hexagon shall promptly and diligently undertake commercially reasonable effort s to correct all Level One or Level Two Defects. Levels of Maintenance Services are as follows:

3.1. Advantage Support. Advantage Support will include and be limited to the diagnostic and Defect correction support as described above, and the following: Out-of-the-box functionality support via the support help desk (telephone or eService via the Designated Portal; and, access to any available Hexagon problem knowledge base online self-help tool. Phone support is available Monday through Friday from 8AM – 235

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5PM at Customer’s local time, excluding Hexagon-observed holidays. Local variances in support hours will be posted online or can be determined by contacting Customer’s local Hexagon office.

3.2. Standard Support. Standard Support will include and be limited to the following:

3.2.1. All features of Advantage Support.

3.2.2. Access to available Updates of Covered Software Products. Hexagon will notify Customer when Updates are made available for any Covered Software Products for which Maintenance Services have been purchased, by way of posting noti ces of such to the “Support Notices and Announcements” section on the Designated Portal site , where available, or via direct notification by Hexagon. Updates are shipped to Customer upon Customer’s request logged in the Designated Portal site. Hexagon is not obligated to produce any Updates. For avoidance of doubt, a Customer’s entitlement to Updates shall not in clude entitlement to any therein embedded or otherwise related module or function which is licensed and priced separately from Covered Products for which Customer has purchased an entitlement to Updates.

3.3. Premium Support. Premium Support will include all features available under Standard Support (subject to Version Limitations). Additionally, for Level One and Level Two Defects, phone support is also available after-hours and on Hexagon-observed holidays.

3.4. Product Change Requests will be reported in like ma nner as set forth in Section 3.1. Hexagon will review Product Change Requests and at its sole discretion d ecide whether to make the requested change to the Covered Product(s) through an Upda te. Product Change Requests not accepted may be the subject of a separate Order between the Parties. For the avoidance of doubt, to the extent Hexagon agrees to make a requested change to a Covered Product pursuant to a Product Change Request, any and all IPR resulting from the Update, including the change or modification is and shall remain the property of Hexagon.

4. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER’S OBLIGATIONS.

Performance of Maintenance Services by Hexagon is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (co llectively, minimum system requirements and customer obligations hereinafter referred to as “Customer Obligations”):

4.1. System Requirements. Customer is responsible for ensuring: the System Equipment and network infrastructure meet minimum system requirements specified by Hexagon and made available to Customer upon request; its System Equipment and network infrast ructure are adjusted as required to accommodate Updates of Covered Products; compatibility of non-Hexagon provided products with products provided by Hexagon; and, its systems, software, and data are adequately backed up. Hexagon is not liable for lost data.

4.2. Hexagon Access and Customer Cooperation. Customer’s system and/or System Equipment must have input and output devices that enable the use of Hexagon’s diagnostic programs and supplemental tests.

Customer will permit Hexa gon to electronically acce ss Customer’s system via Secure Access Tool.

Customer will ensure availability of its own system technical support personnel so that Hexagon can fulfill its Maintenance Services obligations. When reporting problems to Hexagon’s support help desk, Customer will provide a complete problem description, along w ith all necessary documents and information that is available to Customer and required by Hexagon to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed. Customer will car ry out any reasonable instructio ns and will insta ll any necessary patches, Defect corrections, or Updates. Customer will appoint a minimum of two and a maximum of ten contact people who are each authorized to make use of the Maintenance Services (“Authorized Contacts”).

Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer’s operating system, network, and hardware and software. Customer agrees to promptly notify Hexa gon of any replacement of an Authorized Contact.

Customer must ensure Authorized Contacts have adequate expertise, training, and experience to provide professionally accurate de scriptions of malfunctions and fac ilitate Hexagon’s efficient response.

Authorized Contacts must have successfully completed Hexagon product training, or complete it at the 236

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next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer will ente r and/or log requests for assistance in such systems, and utilizing such forms, as Hexagon may designate from time to time.

5. EXCLUDED SOFTWARE SERVICES.

Services for the following are outside the scope of the Maintenance Contract and may be available under separate Order at an additional charge (collectively “Excluded Services”):

5.1. Installation of any Covered Product, Update, or interface software;

5.2. Network configuration;

5.3. Configuration or customization of Covered Products to Customer or other third party requirements (except as necessary to remedy a Defect);

5.4. System-level tuning and optimization and system administration support;

5.5. Training;

5.6. Services required because the Authorized Contact is not available or is not trained;

5.7. On-site services (unless waived by Hexagon, in its sole discretion);

5.8. Services required due to modifications of Covered Products by Customer;

5.9. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer’s disregard of the installation and operating instructions according to the Documentation provided with the Covered Products;

5.10. Services required due to failure of software or hardware that is not a Covered Product;

5.11. Services required due to Customer’s use of hardware or software that does not meet Hexagon specifications or failure of Customer to maintain or perform industry standard maintenance on Customer’s hardware or software;

5.12. Services required due to software or portions thereof that were (i) incorrectly installed or configured (other than by Hexagon), (ii) used in an environment inconsistent with the support environment specified by Hexagon, and/or (iii) used with peripherals, operationa l equipment or accessories not conforming to Hexagon’s specifications;

5.13. Services required due to cases of force majeure, especially lightning strikes, fire or flood, third-party criminal acts, or other events not caused through Hexagon’s fault;

5.14. Services required due to Customer’s failure to fulfill the Customer Obligations; and/or

5.15. Services required due to faulty or incomplete Customer data.

6. COVERED THIRD PARTY PRODUCTS.

Support and Updates of Covered Third Party Products shall be provided in the fashion and to the extent or duration that Hexagon is authorized to provide such by the third party manufacturer of the Covered Third Party Products, and such Covered Third Party Products and related services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software.

Services and updates for any Third Party Software not liste d in the Order Documents as Covered Products must be obtained from the third party owner of the products or their designated representative.

7. REQUIRED COVERAGE.

7.1. Multiple or Interdependent Licenses. If Customer holds multiple licenses for any Covered Product, all held licenses must be included as Covered Products in the Maintenance Contract.

7.2. Prerequisite Licenses. All prerequi site licenses for Software Products necessary to operate the Covered Products, together with all licenses of Software Products interoperating with Covered Products in a single solution, must be included as Covered Products in the Maintenance Contract. 237

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8. ADDITIONS AND REMOVALS OF COVERED PRODUCTS.

8.1. Additions of Covered Products. Software Product s licensed from Hexagon during the term of the Maintenance Contract may be added as Covered Products, if such addition is addressed through additional related Order Documents. If Software Products are not added as Covered Products by commencement of Production use thereof, Hexagon may permit Customer to add them as Covered Products, but subject to additional fees payable pursuant to Hexagon’s then current policies or practices.

8.2. Removal of Covered Products from Maintenance. Either Party may provide written notice to the other Party at least sixty (60) calendar days prior to the end of any Coverage Period Anniversary of its intent to remove any individual Covered Products from the Maintenance Contract at the end of the then current and contracted Coverage Period or any Coverage Period Anniversary. Neither Party may remove Covered Products except upon Coverage Period renewal or extension or Coverage Period Anniversary; provided that Hexagon may additionally remove Covered Products as part of a general discontinuance program at any time upon one hundred eighty (180) days’ written notice. Customer may not remove from the Maintenance Contract individual software licenses of a Covered Product for which Customer has multiple copies under Maintenance Services or for Covered Products that are being used interdependently, unless Customer has first certified to Hexagon on a “Software Relinquishment Agreement” that it surrenders and relinquishes all rights in and to the applicable Software licenses and the copies of the Covered Product for which Customer desires to cease Maintenance Servi ces (the “Relinquished Licenses”) for the renewal Coverage Period have been uninstalled and removed from its System(s). Should Customer desire to resume usage of the Relinquished Licenses at a later date, Customer must re-purchase the licenses at the then current list price.

9. Terms of Payment. Charges for Maintenance Services are due and payable annually and in advance. Charges for Covered Software Products added duri ng a Coverage Period shall be prorated to the remaining Months of the Coverage Period, in whole Month increments only, and such charges shall be due and payable in full upon receipt of invoice. Covered Third Party Products added during a Coverage Period are subject to Section 6 of these Maintenance Terms. Past Due Accounts. HEXAG ON RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE over 60 days. CUSTOMER ACKNOWLEDGEMENTS.

During the Coverage Period, Customer commits to the following:

9.1. Customer shall have reviewed the Order Documents and by executing the Order Documents confirms the Order Documents accurately reflects all Hexagon software in its possession or control.

9.2. Customer acknowledges and confirms that for a ll Covered Products supported under the Maintenance Contract, all licenses of a Covered Product for which Customer has multiple copies in its possession and all prerequisite licenses necessary to operate Covered Products, are accounted for in the Order Documents.

If all like Covered Products or prerequisite software licenses are not accounted for in the Order Documents, Customer agrees to notify Hexagon so that Hexagon may issue a revised Quote to Customer.

9.3. Customer acknowledges and confirms Maintenance Services provided herein shall be utilized only for the quantity of Covered Products licenses listed in the Order Documents.

10. ADDITIONAL TERMS.

10.1. Pass-Through Third Party Warranties. Covered Third Party Products are only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer.

10.2. Remedies. In the event a warranted Maintenance Service, Covered Product, or Update provided pursuant to the Maintenance Contract does not substantially comply with the limited warranties set forth in the Maintenance Contract, Hexagon’s entire liability and Customer’s exclusive remedy shall be, in Hexagon’s sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or ( ii) a refund of the purchase price of the particular warranted Service, 238

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Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in the Maintenance Contract.

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

10.3. WARRANTY DISCLAIMERS. In addition to the Wa rranty Disclaimer provided in the Agreement, Hexagon does not warrant that any Services, Covered Products, and Updates provided pursuant to the Maintenance Contract will meet Customer’s requir ements, and under no circumstances does Hexagon warrant that any Services, Covered Products, and Upda tes will operate uninterrupted or error or Defect free.

10.4. Hexagon reserves the right to provide Maintenance Services through contracted HelpDesk support that is United States Based
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EXHIBIT F-1

Hexagon Safety, Infrastructure & Geospatial division
ADDENDUM to the Maintenance Terms and Conditions

This addendum (“Addendum”) modifies the Maintenance Terms and Conditions between the Customer and Hexagon set forth at Exhibit F in the Master Terms. This Addendum addresses limited additional services that shall be provided within the Maintenance Contract. Except as expressly modified under this Addendum, the Maintenance Terms and Conditions shall continue to apply.

Notwithstanding the provisions set forth in Se ction 5 (Excluded Softwa re Services) of the Maintenance Terms and Conditions, the following limited services are included within the scope of the Maintenance Terms and Conditions and will be available to be performed by Hexagon. Requests made hereunder to the Help Desk unrelated to resolution of a Defect shall be made by Customer in accordance with th e with Maintenance Te rms and Conditions and logged as a Level 4 Customer Service request.

1. For Covered Products, the Customer may request and Hexagon ag rees to provide limited configuration and insta llation services for Hexagon COTS software unrelated to resolving a Defect. Configuration and installation requests that will be supported by Hexagon under a Maintenance Contract shall not extend beyond the original scope and Tasks provided in Order 1 (Implementation for I/CAD) and shall be, generally, within the scope of standard working product functionality. Services will only be performed remo tely. For example, Hexagon will not be obligated to create: new MPS or Mobile Responder configuration sets, new macros rules, new interfaces, or GIS layers and map rolls.

2. Hexagon agrees to assist Customer with application optimization and performance tuning for the Hexagon I/CAD system only.

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EXHIBIT “G”
BPR Scope of Work
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Purpose
The SOW, which constitutes the scope of work for the BPR Orders, guides the Tasks and Activities for the post-cutover Business Process Review Workshop.

The scope of work reflected in this SOW shall be performed no more than once per year (with each year commencing on the day of Cutover or anniversary thereof). Order 6 shall occur no earlier than the end of the Reliability Period and shall be exercised by Customer no later than one (1) year after cutover.

Successive Order shall be scheduled as provided in the Agreement.

Except as otherwise defined below, capitalized terms shall have the same meaning as provided in the Master Agreement to which this SOW is attached.

Upon completion of the Task Acceptance Criteria in accordance with the Task Acceptance Process, the entire fee corresponding to the BPR Order shall be due and payable.

Project Tasks
I/CAD Business Process Review (BPR) Workshop
Task Description
As the Customer becomes more experienced with I/CAD, it is common for requests to arise that could be solved with new configuration, additional software products, or changes in workflow. However, the Customer often does not have the expertise or time to perform these types of analysis on their own.

The Business Process Review (BPR) Workshop is a four (4) Business Day onsite collaborative workshop where the Parties will discuss and collaborate on the following, which may lead to additional configuration changes:
 Configuration and workflow reviews
 Configuration updates for new functionality
 Best practices for system administration and system maintenance Topics of the BPR 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.

Following the BPR Workshop, Hexagon will provide up to five (5) additional days of remote assistance, including, configuration services (“Follow-up BPR Period”). Configuration changes will be agreed upon with the Customer, and only completed if time allows during the BPR Workshop and Follow-up BPR Period. Configuration requests or additional services beyond the Follow-up BPR Period would necessitate a subsequent purchase by Customer.

The Customer will receive a BPR reassessment report which will detail the findings of the Hexagon resource.

Task Deliverables
 Four (4) Day On-site BPR Workshop
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 Remote Reassessment follow-up
 BPR Reassessment Report
Task Prerequisites
 The applicable BPR Order has been properly exercised by the Customer  The BPR has been set for a mutually agreeable date.
 The I/CAD system has been in production use for at least four (4) months and the Reliability Period is complete.

Task Assumptions
 This Task must be scheduled to occur within the time prescribed in the Agreement depending on the BPR Order being exercised.
 Customer shall assign appropriately qualified personnel to the team involved with the BPR Workshop (not to exceed 12 people) and ensure they are actively engaged in the BPR Workshop.  The Customer shall provide Hexagon with access to all data, documents, plans, reports, diagrams, and analyses reasonably related to the Project or otherwise necessary to facilitate Hexagon’s performance of its Activities.
 All Hexagon personnel performing remote Activities will be identified and properly vetted prior to commencement of those remote Activities for which unescorted access into the System would be necessary.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Conduct the BPR Workshop
 Provide assistance during the BPR Follow-up Period
 Provide BPR Reassessment Report
Customer Team Participation and Responsibilities
Customer shall:
 Ensure appropriate adequate work area is made available, and time is scheduled for observations on the communications floor;
 Identify appropriate personnel to participate and ensure schedules align;  Actively participate in the BPR Workshop;

Task Acceptance Criteria
This Task is complete upon the conclusion of the BPR Follow-up Period, delivery of the BPR Reassessment Report to the Customer, and the City has signed the Task Order Acceptance form.

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EXHIBIT “H”
HxGN OnCall Records on-Premise Implementation Statement of Work

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EXHIBIT H
City of Ontario, CA
Statement of Work
for
HxGN Records On-Premise
Implementation
PRESENTED BY:

Andrew Sayko
Regional Sales Manager
Hexagon Safety, Infrastructure, & Geospatial
305 Intergraph Way
Madison, AL 35758 USA
(916) 719-3807
[email protected]
September 18, 2024
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Statement of Work
Table of Contents
Introduction ........................................................................................................................... 5 Purpose ................................................................................................................................. 5 Software Functionality and Support ................................................................................... 6 Project Governance .............................................................................................................. 6 Customer Core Team(s) ....................................................................................................... 7 Core Team Roles and Responsibilities ....................................................................... 7 Records Core Team .................................................................................. 7 Project Assumptions ............................................................................................................ 8 Project Tasks ...................................................................................................................... 10 Project Initiation ......................................................................................................... 10 Planning Phase ......................................................................................................... 12

1. Project Kickoff Meeting ................................ ..................................... 12

2. OnCall Records Business Process Analysis (BPA) Workshop ........ 14

3. Custom Interface Requirements Gathering ................................ ...... 16

4. Custom Interface Development ................................ ........................ 19

5. Load Balancer Equipment Ordering ................................ ................. 20 Staging Phase ........................................................................................................... 21

6. Physical Infrastructure Installation ................................ .................... 21

7. Virtual Server and OnCall Software Staging ................................ .... 23

8. OnCall Records Link to I/CAD ................................ .......................... 26

9. OnCall Records Address Server Mapping Configuration ................. 27 Configuration Phase .................................................................................................. 29

10. OnCall Records Fundamentals for Core Team .............................. 29

11. OnCall Records System Configuration Workshop 1 ....................... 31

12. OnCall Records System Configuration Workshop 1 Follow- up Session .................................................................................................... 33

13. OnCall Records System Configuration Workshop 2 ....................... 34

14. OnCall Records System Configuration Workshop 2 Follow- up Session .................................................................................................... 36

15. OnCall Records System Configuration Workshop 3 ....................... 38

16. OnCall Records System Configuration Workshop 3 Follow- up Session .................................................................................................... 40 246
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17. OnCall Records | Mobile Field Reporting System Configuration W
orkshop ................................................................................................. 41

18. OnCall Records | Mobile Field Reporting System Configuration W
orkshop Follow-up Session .................................................................. 43

19. OnCall Records State NIBRS Validation Installation ...................... 44

20. OnCall Records State NIBRS Validation Review ........................... 45

21. OnCall Records State NIBRS Reporting Installation ...................... 46

22. OnCall Records State NIBRS Report Generation Training ............ 47

23. OnCall Records COTS Reports Review ................................ ......... 48

24. OnCall Analytics | Records Configuration ................................ ....... 49

25. Anti- Bias Reporting Product Installation and Configuration ............ 51

26. Custom Interface Product Installation and Configuration ............... 53

27. Standard Interface Product Installation and Configuration ............. 54 Testing Phase ............................................................................................................ 55

28. Test Plan and Test Case Workshop .................................................. 55

28. Test Plan and Test Cases Development ................................ ........ 56

29. Customer Functional Testing ................................ .......................... 57 Training Phase .......................................................................................................... 59

30. Hexagon-Led Training ................................ .................................... 59

31. Test Environment Creation ................................ ............................. 61 Cutover Phase ........................................................................................................... 62

32. Cutover Plan ................................ ................................................... 62

33. System Readiness Review ................................ ............................. 63

34. Cutover to Production Use ................................ .............................. 64

35. OnCall Records NIBRS Certification ................................ .............. 66

36. Post- Cutover Support ..................................................................... 67

37. OnCall Records Subsystem 30-C alendar Day Reliability Test ....... 69 Attachment A – Pricing Summary ..................................................................................... 70 Pricing Assumptions: ............................................................................... 70 Bill of Materials ................................................................................................................... 72 Attachment B – Payment Schedule .................................................................................. 74 Attachment C – Initial Project Schedule ........................................................................... 75 Attachment D – Training Curriculum ................................................................................ 81 247
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HxGN OnCall Records Train-the-Trainer (Qty: 1) ..................................................... 81 HxGN OnCall Records Train-the-User (Qty: 2) ......................................................... 82 HxGN OnCall Records | Mobile Field Reporting Train-the-Trainer (Qty: 3) .............. 83 HxGN OnCall Analytics | Records User Training (Qty: 1) ......................................... 84 HxGN OnCall Analytics | Records System Administrator Training (Qty: 1) .............. 85 Attachment E – OnCall Records Specifications .............................................................. 86 Attachment F – System Configuration Diagram .............................................................. 87 Attachment G – RMS/MFR Functional Specifications Matrix ......................................... 88 Attachment H – Interface Descriptions ............................................................................ 89 Standard Interfaces ................................................................................................... 89 Coplogic Records Xalt Interface .............................................................. 89 Anti-Bias Reporting Application (CA RIPA) ............................................. 89 Custom Interfaces ..................................................................................................... 90 DataWorks ............................................................................................... 90 CrossRoads ............................................................................................. 90 FileonQ .................................................................................................... 90 Livescan ................................................................................................... 91 Evidence.com .......................................................................................... 91 DA Portal ................................................................................................. 91 SWITRS ................................................................................................... 91 Data Ticket ............................................................................................... 92 Phoenix Group ......................................................................................... 92 CLETS/NCIC ........................................................................................... 92 RMS Vendor Views ................................................................................................... 93 Coplink ..................................................................................................... 93 Lexis Nexis AVCC ................................................................................... 93 Attachment I – Glossary of Terms .................................................................................... 94 Attachment J – Warranty ................................................................................................... 97 Attachment K – Regional Provisions ................................................................................ 98 Attachment K-1 – CJIS Security Addendum .................................................................... 99 Attachment L – White Box ART Tool SOW .................................................................... 101

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Statement of Work
Introduction
This Statement of Work, including the attachments hereto, provided by Intergraph Corporation by and through its Hexagon Safety, Infrastructure & Geospatial division (“Hexagon”) to the City of Ontario, California on behalf of its Police Department (“Customer”) describes the Products and Services that will be provided to implement an integrated records management system (“RMS”) for the Customer (the “Project”) in exchange for payment of the amount set forth in the Quote (which is included as Attachment A). This SOW sets forth the Products and Services Hexagon will provide as well as each Party’s responsibilities and obligations to implement the Products. Except as otherwise provided herein, capitalized terms shall have the meaning set forth in the Agreement and Attachment I (Glossary of Terms) hereto.

This SOW is governed by the Agreement as amended with the Project constituting Order 11.

The Software provided by Hexagon will be the HxGN OnCall Records Subsystem (“OnCall Records” and “OnCall”).

Purpose
The SOW guides the Tasks and Activities for the Project. It documents Project implementation requirements, identifies each Task within the implementation process, sets expectations for each Party, and identifies the Task Acceptance Criteria.

The SOW includes and incorporates the following Attachments:
 Attachment A – Pricing Summary
 Attachment B – Payment Schedule
 Attachment C – Initial Project Schedule
 Attachment D – Training Curriculum
 Attachment E – OnCall Records Specifications
 Attachment F – System Configuration Diagram
 Attachment G – RMS/MFR Functional Specifications Matrix  Attachment H – Interface Descriptions
 Attachment I – Glossary of Terms
 Attachment J – Warranty
 Attachment K – Regional Provisions
 Attachment K-1 – CJIS Security Addendum
 Attachment L White Box ART Tool SOW
The remainder of this section details Project assumptions that impact the Project cost, schedule and scope, Project team composition, and Project management responsibilities.

Each Task identified in this SOW includes the following, as necessary: Task Description, Task Deliverables, Task Prerequisites, Task Assumptions, Hexagon/Customer Team Participation and Responsibilities, and Task Acceptance Criteria. The Tasks defined in the SOW may not be listed 249
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chronologically, and the actual Project implementation Tasks and timelines will follow the Project Schedule, unless otherwise noted.

Software Functionality and Support
As part of this Project, Hexagon shall provide licenses to Software identified in Attachment A (“Project Software”). The Project Software shall have the capabilities and functionality set forth in the Specifications corresponding to the Project Software, which reflects all of the functionality Hexagon is obligated to provide. The Project Software shall only be tested to evaluate conformity to the Specifications. The COTS versions of the Project Software will be provided, and, unless otherwise provided in the Specifications, this Order does not include any Product Change Requests or Customizations.

OnCall presents an iterative upgrading process that will also be reflected in the Project. Several times per year, Hexagon may publish a new release to OnCall Software Products. Until the end of the Testing Phase, Hexagon may periodically implement newer releases of OnCall within the Customer’s environment, so the Customer may have a more current release of OnCall leading into the Training Phase and Deployment Phase.

Upon Cutover, the Warranty Period for the Project Software shall commence as described in Attachment K (Warranty). Hexagon shall provide support for the Project Software during the Warranty Period in accordance with Exhibit B (Maintenance Terms) of the Agreement.

Project Governance
Hexagon will assign a Project Manager at the beginning of the Project to act as the primary point of contact at Hexagon for the Customer and provide general oversight and guidance for the Hexagon Project team throughout Project.

To ensure successful delivery of the Project in accordance with the schedule, regular communications and an escalation path are necessary. Typically, all formal communications will occur between the Hexagon Project Manager and the Customer Project Manager. Generally, each Party’s Project Manager will have, at minimum, a weekly status conference with one another. On a monthly basis, Hexagon will provide a status report reflecting completed Activities, upcoming Activities, at-risk Activities, other pertinent matters affecting the Project, and, as necessary, an updated Project Schedule.

As may be
appropriate, the Parties may escalate matters to appropriate executives in between quarterly executive meetings. The Customer may propose revisions to the status report and its attachments, but it must do so within five (5) Business Days, otherwise it is final and accepted by the parties.

Finally, on a quarterly basis, or more frequently if deemed necessary by the Parties, the Department Sponsor for Customer, a Hexagon Director or Vice President responsible for operations, and the Customer’s Project Managers shall hold a remote executive review meeting to discuss the status of the Project and particular challenges impacting the Project. The two senior officials for both parties shall also serve as the escalation point for disputes arising between the Project Managers.

Projects of this nature involve both Parties performing a variety of Tasks that are dependent upon one another. With that type of relationship and the number of Tasks involved, from time to time delays may occur. The Hexagon Project Manager and Customer Project Manager will address and take actions to mitigate such delays, to the extent reasonably possible.

The Hexagon Project Manager will manage the Project Schedule and provide copies of it to the Customer as updated. From time to time and outside of the status report process described above, the Project Managers may find an adjustment to the Project Schedule is necessary. If the adjustment is mutually 250
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agreeable, the Hexagon Project Manager shall update the Project Schedule and it will become the current Project Schedule, superseding all prior Project Schedules. The Parties acknowledge that potentially material adjustments to the Project Schedule may need to be addressed through a Change Order due to its impact on other aspects of the Order. Unless otherwise noted between the Project Managers, all Tasks reflected in this SOW are regarded as having completed the Task Acceptance Process upon Cutover or commencement of a Task for which the earlier Task was a prerequisite as noted within the SOW and/or Project Schedule.

Any provisions particular to Customer’s country are specified in Attachment L – Regional Provisions, which shall supersede any conflicting provisions provided in this SOW.

Customer Core Team(s)
The Customer shall provide qualified resources to staff the Core Team (described below) to facilitate a successful implementation of OnCall. The Core Team consists of an overall Customer project manager who is responsible for the day-to-day coordination of Customer’s Project Activities and personnel divided amongst smaller discipline-oriented groups with particular roles and responsibilities appropriate to the discipline. Those subdivided groups are denoted with suggested team member resources below.

Core Team Roles and Responsibilities
Records Core Team
Below is the defined group of Customer members responsible for decision making for the remainder of the field operations user group(s) regarding configuration and use of the OnCall Records solution. The Records Core Team either needs knowledge of all applicable departments or has access to local subject matter experts. The Records Core Team should consist of, at a minimum, the following resources with the corresponding qualifications:
 Subject Matter Experts (SME) – Person or person(s) responsible for adapting local agency department needs into actionable configuration processes for the new system. This person or persons need access to other local SMEs for all departments that will be utilizing the new system.  Technical Support Staff – The responsibility of Technical Support Staff lies with the adaptation and configuration of the system at a more technical level. Responsibilities potentially include SQL and/or report writing experience with SSRS knowledge, current technical understanding of current interfaces in use that are to be adapted to the new systems, etc.  Command Staff – This person is an active member of the command staff at the agency. This person is typically a rank of Captain or higher in law enforcement, although actual rank structure in agencies may vary.
 Decision Maker – This person has the authority, either by role or designation, to make decisions on behalf of the agency or agencies OnCall Records is serving pertaining to the configuration of OnCall Records products.

The ideal size of the Records Core Team is twelve (12) members. Under no circumstances shall the Records Core Team be larger than twelve (12) members.
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Project Assumptions
The following list of assumptions and Customer responsibilities reflect Hexagon’s understanding of the Project. Changes in any of the assumptions and Customer responsibilities will affect the scope, Project Schedule, and/or cost of the Project.

Agreement and Schedule Assumptions
 The Amendment 1 to the Agreement has been executed by both parties and the Customer has provided either a notice to proceed or PO.
 Hexagon and the Customer will review the SOW and determine a mutually agreeable date for the Services to be performed.
 The Customer shall perform its assigned responsibilities as identified within the Initial Project Schedule (Attachment C) and Project Schedule developed as part of Task 1 in the time allotted. If the Customer does not reasonably comply with the Project Schedule, Hexagon is permitted with written notice to suspend its performance on this Project and redeploy its resources on other active projects until the Parties determine a mutually agreed upon date to re-start the Project. At that time, a new Project Schedule will be provided.
 Hexagon will have timely access to the applicable members of the Core Teams and other Customer Project staff in accordance with the Project Schedule. Customer shall make additional personnel available on a priority basis, as needed, to provide subject matter expertise to complete this Project.
 Customer shall assign appropriately qualified personnel to the Core Teams and ensure they are actively engaged in the Project.
 Any work and effort ascribed to Hexagon in a given Task is confined to that specific Task and may not be used for or applied to any other Task.
 Customer shall provide Hexagon Project Manager with contact information for a Customer resource to resolve any issues that should arise from Hexagon’s access of Customer’s System during working and non-working hours.
 Any workshop having a duration of three (3) Business Days or less shall begin no earlier than Tuesday of the week of that workshop and will conclude that same week.  The Customer shall provide Hexagon with access to all data, documents, plans, reports, diagrams, and analyses reasonably related to the Project or otherwise necessary to facilitate Hexagon’s performance of its Activities.
 Unless expressly stated in this SOW, all Documentation, if any, provided by Hexagon under this SOW will be COTS Documentation, and the Documentation will not be customized by Hexagon.

All Documentation delivered will be in Hexagon-approved format. Changes to Hexagon-format to accommodate specific Customer requests may be done at Hexagon’s discretion and at an additional cost.
 Unless Hexagon and Customer mutually agree otherwise, all Documentation provided by Hexagon will only be provided in electronic format.
 Unless otherwise stated in the Task, all Tasks will be conducted remotely.  All Hexagon personnel performing remote Activities will be identified and properly vetted prior to commencement of those remote Activities.
 As reflected herein, Hexagon may have proposed certain Activities or Tasks be performed on site. Hexagon and/or Customer may alternatively choose or circumstances necessitate to have 252
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these Activities and Tasks performed remotely. Payments due under the Quote and as specified herein shall remain the same.
 If the title of a Task includes the name of a Subsystem (e.g., OnCall Records), that Task shall be construed as pertaining only to that Subsystem unless expressly stated otherwise.  This Project is intended to be performed independent of Order (the I/CAD Implementation Order), and it is not designed or intended to Cutover simultaneously with Order 1.

Hardware and Software Assumptions
 All Software will be electronically delivered.
 All specifications provided with this SOW (Attachments E and F) will assume a traditional on- premises solution (i.e., not a hosted solution), and any change with respect to alternative hosting requires execution of a mutually agreed upon Change Order.  The Customer shall purchase, install, and test all physical hardware, including the client/mobile hardware.
 The Customer will ensure its hardware, operating system software, database software, and other third-party products/environments conform with Attachments F. Deviations from Attachments F will not be considered due to the critical nature of the software supported by these systems.  Hexagon and the Customer will verify the final system hardware configuration to ensure conformance with Attachment F.
 Customer shall purchase all applicable operating systems, database licenses, and Third-Party Software and ensure such operating systems, database licenses, and Third-Party Software meet the minimum requirements as defined in Attachments F.
 Hexagon technology for this Project will be implemented in the Microsoft environment as specified in Attachments F.
 Customer shall purchase, install, configure, and administer its Network Infrastructure, including, but not limited to, its WAN/LAN and wireless infrastructure. Customer’s wireless infrastructure shall meet minimum bandwidth requirements as stated in Attachments F.  Customer shall be responsible for the wired and wireless connectivity between servers/clients and clients/clients.
 For automatic failover to a secondary location: (i) the network latency between the site servers shall be less than 10 milliseconds (ms) and (ii) load balancers must support and be configured to provide automatic failover between locations (Global Server Load Balancing).  Customer shall be responsible for, and purchase and maintain if necessary, any hardware and/or third-party software necessary for implementing interfaces.  Except as specified in this SOW, including Attachment A: Pricing Summary, Hexagon is not required to provide any additional Software customizations, custom forms, forms modifications, third-party software, custom interfaces, or custom reports.  To the extent the Customer desires to use the Software or other deliverables provided herein in a manner or in combination with software or hardware that is not certified or recommended by Hexagon, then the Customer shall be solely responsible for such use. Hexagon shall not be responsible for the correction of any errors, defects, reduced performance, compromised functionality, or other unintended consequences arising from such use. The Customer also shall not withhold acceptance of any deliverable or the System due to such use.  Customer has reviewed the SOW and acknowledges and agrees Software Requirements: (i) represents all the functionality required of the System; and (ii) is the only functionality that is required to be delivered under this SOW.
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System Access Assumptions
 Depending upon the Customer’s jurisdiction, additional security guidelines and assumptions are provided in Attachment K.
 Customer consents to Hexagon’s inspection and use of Customer’s data and systems, including, but not limited to, log files and databases, for the limited purpose of providing the Services specified herein and any future maintenance or warranty services described within the Agreement.
 Customer shall grant Hexagon personnel system administrator level access with unique log-in credentials to all servers, networks, databases, and workstations that will be involved in the Project.
 Beyond Trust is the remote access solution used by Hexagon. Customer shall provide Hexagon all necessary licenses and credentials to utilize Beyond Trust during the Project and Extend Warranty. Customer represents Beyond Trust satisfies all necessary Federal and State access requirements.
 Customer shall provide unrestricted system and VPN access via Beyond Trust to Hexagon developers and implementers who will need to have access to multiple infrastructure platforms at the same time. The Customer shall provide Hexagon personnel individualized system access credentials and allow Hexagon authorized resources VPN access twenty-four (24) hours a day, seven (7) days a week for the duration of the Project.
 Customer shall provide external VPN access while on site to access various Hexagon resource libraries.
 After completion of this Project, Hexagon will VPN using Beyond Trust into the live System only at Customer’s request and will follow Customer’s required VPN access procedures.

Third-Party Assumptions
 Customer shall schedule and coordinate third-party technical resources with the skills necessary to perform and/or support all Customer Responsibilities, provide necessary information, respond to Hexagon requests, and support the testing of interfaces, as required. Customer shall schedule and coordinate third-party technical resources in such a way as to ensure that a negative impact to the overall Project Schedule does not occur.
 Customer shall maintain, in good working order, all third-party systems which will integrate with Hexagon software or on which the Hexagon software depends as part of this Project.  Customer shall be responsible for the operation and timely availability of external systems or third-party software necessary for the execution of the Project.  If a delay in the Project is caused by a third-party vendor, Hexagon services not covered in this SOW may be required at additional costs.

Project Tasks
Project Initiation
Prior to the Kickoff Meeting and after execution of this SOW or Order, the Hexagon Project Manager will contact the Customer Project Manager to identify the Project Start date and coordinate scheduling the Kickoff Meeting. For the Project to be successful, the following initial Activities must be performed before any Tasks occur:
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 Customer shall order hardware, database software, operating system software, or other third- party software (excluding Kemp Load Balancers which will be ordered by Hexagon) consistent with the requirements set forth in Attachments E and F.  The Hexagon Project Manager will contact the Customer Project Manager. During this initial contact, the Hexagon Project Manager will:
 Schedule the kickoff meeting;
 Identify the Project Start date;
 Create a detailed agenda describing the goals of the kickoff meeting;  Discuss any mitigating factors that could affect the Project (e.g., scheduling conflicts, communication factors, and other risk factors);
 Schedule a conference call before the kickoff to go over the kickoff agenda;  Ensure both Hexagon and Customer have appropriate Subject Matter Experts available for kickoff; and
Provide document titled “Infrastructure Build Document”, if not previously provided to the Customer.  Hexagon’s Project Manager will prepare kickoff materials.  Hexagon’s Project Manager shall have updated the Initial Project Schedule and provide the draft Updated Initial Project Schedule and sent a copy to the Customer Project Manager for review prior to the Kickoff meeting.

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Planning Phase

1. Project Kickoff Meeting
Task Description
The objective of this Task is to discuss and address questions regarding Project Assumptions, discuss the updated Initial Project Schedule and agree to it at the meeting or shortly thereafter, and all requirements are understood prior to beginning any significant work. A meeting for Project Kickoff will be held after the SOW has been fully executed. The Project Kickoff meeting will be scheduled by each party’s Project Manager as part of Project Initiation Activities.

Prior to the Kickoff Meeting and after written acceptance of the Agreement, the Hexagon Project Manager will contact the Customer Project Manager to identify the Project Start date and coordinate scheduling the Kickoff Meeting. The Project Kickoff Meeting shall last no more than one (1) Business Day.

During this Task, the Parties shall confirm the updated Initial Project Schedule as updated by the Hexagon Project Manager. The resulting updated Initial Project Schedule shall be substantially similar in durations as that provided within Attachment C. Prior to the Project Kickoff Meeting Task, the Customer Project Manager shall have reviewed the updated Initial Project Schedule and be in a position to succinctly identify any needed changes understanding material extensions of the Initial Project Schedule may require additional Hexagon Services to be added via a Change Order. Once the list of changes has been made to the updated Initial Project Schedule by the Hexagon Project Manager, the Hexagon Project Manager will thereafter provide the Project Schedule to the Customer Project Manager. From time to time, the Parties’ Project Managers may modify the Project Schedule upon mutual written consent or upon transmission of an updated Project Schedule to the Customer Project Manager as part of a status report and the Customer Project Manager offers no objection to the updated Project Schedule within five (5) Business Days thereafter.

At the Project Kickoff Meeting, the Customer shall provide: (i) contact information for all members of its Core Team and Executive/Departmental Sponsor, (ii) proposed alterations to the updated Initial Project Schedule, (iii) contact information for any third-party vendors which OnCall will integrate as contemplated in Attachment H, and (iv) identify to Hexagon any perceived concerns or risks with the Project. During the Project Kickoff Meeting, Hexagon shall provide template the OnCall Records Pre-BPA Questionnaire for Customer completion prior to required Tasks.

Task Deliverables
 Kickoff meeting agenda
 Project Schedule
 Kickoff meeting minutes, to include identified risks and action items  OnCall Records Pre-BPA Questionnaire
Task Prerequisites
 Agreement executed by both Customer and Hexagon and PO issued (if applicable).  Hexagon Project Manager has verbally communicated with the Customer to (i) identify the Project Start date and (ii) coordinate a date for the Project Kickoff Meeting.  Customer has assigned a Customer Project Manager.
 The Core Team has reviewed this SOW.
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Task Assumptions
 The Hexagon Project Manager will conduct the kickoff.  This task will be conducted on site.
 Some members of the Hexagon Project Team may participate remotely.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Review the Project organization, roles, and responsibilities with the Customer;  Conduct an overview of the Project including a review of the SOW to verify all aspects of the Project approach;
 Review the draft Updated Initial Project Schedule and adjust the Updated Initial Project Schedule as needed and mutually agree upon it with Customer;
 Work with Customer to identify and document any potential Project risks;  Provide meeting minutes that document risks and action items that affect the Project Schedule, resources, and/or the SOW;
 Inform the Customer of VPN requirements for Project implementation and continued System maintenance;
 Review of delivery methodology;
 Establish status reporting requirements; and
 Provide overview of Standard Interfaces being delivered as part of the Project as identified in Attachment H.

Customer Team Participation and Responsibilities
Customer shall:
 Review the SOW;
 Ensure its Core Teams attend the applicable portions of the Kickoff Meeting;  Provide SMEs and any other resources as recommended by the Customer and Hexagon Project Managers;
 Provide Hexagon with VPN access and individualized user accounts to Customer’s System as appropriate for this Project and continued software maintenance;  Have previously reviewed the Updated Initial Project Schedule and work with Hexagon to finalize the Updated Initial Project Schedule;
 Provide location and logistical support for Kickoff Meeting; and  Designate and prepare workspace for Hexagon personnel.

Task Acceptance Criteria
This Task is complete at the conclusion of the Project Kickoff Meeting and delivery of the Project Kickoff meeting minutes to Customer.
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2. OnCall Records Business Process Analysis (BPA) Workshop Task Description
Hexagon will conduct the Business Process Analysis (“BPA”) Workshop (“BPA Workshop”) with the Customer’s Records Core Team and SMEs. The BPA Workshop lasts up to four (4) Business Days on- site and is designed to document current processes that will need to be reviewed during configuration workshops and provide a guidebook for the Records Core Team to use as they work to configure the Records Subsystem.

The BPA Workshop will be an interactive workshop with the Records Core Team and any SMEs that may be required. The BPA Workshop will provide the Customer with a system and process overview to prepare for the upcoming Records Core Team training and subsequent configuration workshops where the Records Core Team will set up OnCall Records for Production use. It is important to note that some current Customer processes may not be applicable to the new Subsystem, and adjustments will have to be made by the Customer’s process and procedures to implement the COTS OnCall Records Subsystem.

This knowledge will be critical during the configuration workshops. The BPA Workshop results will be documented by Customer staff.

BPA Workshop Agenda
The BPA agenda will be developed between the Hexagon and Customer Project Managers based on the functional areas, subject areas specific to the Customer, and number of BPA workshops purchased. The topic points will be based on the “Pre-BPA Questionnaire” that is completed by the Customer and focuses on the current business processes.

Task Deliverables
 BPA Workshop.

Task Prerequisites
 Customer has provided appropriate meeting/training facilities.  Project Kickoff Meeting Task is complete.
 Customer has collected and or has available necessary operating procedures, policies, plans, and/or information applicable to the BPA Workshop.
 Customer has completed and returned the Pre-BPA Questionnaire.

Task Assumptions
 The sessions are typically done in six (6)-hour blocks over (4) days.  No more than twelve (12) agency personnel may attend.  Hexagon responsibilities will be executed on site at a Facility.  The BPA Workshop will cover only COTS OnCall Records functionality.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Conduct the BPA Workshop.

Customer Team Participation and Responsibilities
Customer shall:
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 Attend BPA Workshop;
 Provide a facility according to the requirements provided in Task Assumptions;  Provide a Project Workstation for each attendee;
 Collect and have ready at the BPA Workshop all of Customer’s documents and information pertaining to its business processes, operating procedures, and workflows;  Document Customer business processes to be used in the Configuration Workshops; and  Provide access and resources as identified.

Task Acceptance Criteria
This Task is complete once the BPA Workshop has been provided.

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3. Custom Interface Requirements Gathering
Task Description
During this Task, Hexagon and Customer will meet via conference call to validate the assumptions and design of each Custom Interface identified in this SOW and Attachment H (Interface Descriptions). This Custom Interfaces Requirements Gathering workshop is intended to contain a series of discussions to validate the requirements and assumptions underlying the Custom Interfaces. These sessions should include third-party vendors where appropriate. During the sessions, the specific workflow and data requirements for each of the interfaces listed below will be discussed in detail.

The information obtained in combination with the information in Attachment H will be used to develop an Interface Control Document for each Custom Interface. If the assumptions reflected in Attachment H materially change, a Change Order may be appropriate. The ICDs will become the foundation for the Custom Interface development by Hexagon. Once an ICD is mutually approved, it should only be modified through a Change Order. The Customer shall not make any changes to and shall take appropriate actions to prevent its third-party vendor from making substantive changes to the third-party software that is the subject of a Custom Interface once that Custom Interface’s respective ICD has been finalized.

The following are regarded as “Custom Interfaces” as the term is defined in Attachment I of this SOW:
 Dataworks
 Crossroads
 FileonQ
 Livescan
 Evidence.com
 DA Portal
 SWITRS
 Data Ticket
 Phoenix Group
 CLETS/NCIC
For descriptions and assumptions regarding each Custom Interface listed above, please see Attachment H: Interface Descriptions.

As it pertains to the development of the ICD, the parties shall follow the following process. After the Customer provides the necessary information regarding the Custom Interface, Hexagon will prepare a draft ICD for each Custom Interface. Hexagon will then provide the initial draft ICD to the Customer for its review. The Customer shall review the draft ICD and provide any feedback or comments within ten (10) Business Days. As appropriate, Hexagon will incorporate the feedback into the ICD or advise the Customer why certain requests could not be included (e.g. the request conflicted with Attachment H) and finalize the ICD. Hexagon will provide the finalized ICD to the Customer for its written acknowledgement.

The Customer will provide a response within three (3) Business Days from Hexagon providing the finalized ICD.

Task Deliverables
 Workshop meeting minutes, to include notes on the specific workflow and data requirements for each custom interface proposed
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 ICD documents
Task Prerequisites
 Project Kickoff Meeting Task is complete.

Task Assumptions
 The Customer will coordinate interactions with the third-party vendors, including obtaining and providing any API or specification documentation required to develop the proposed interfaces.  If required, all NDAs between Hexagon and third parties will be executed and current. Customer is responsible for facilitating its third-party vendors reasonable cooperation with this requirement.  The Customer is responsible for obtaining cooperation and information from its third-party vendors and/or state agency as reasonably necessary for the development, testing, and cutover of the interfaces.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Lead the interface requirements gathering process and track outstanding items requiring resolution;
 Confer with Customer and third-party points of contact to gather information required to develop ICDs;
 Validate the third-party points of contact are appropriate sources of information necessary to develop ICD;
 Mutually agree with the third-party vendors on the operational and technical interface requirements;
 Gather all available interface data detailed schema, protocols, and specifications, as needed;  Prepare draft ICDs and submit to Customer for feedback;  Incorporate Customer feedback into draft ICDs;
 Finalize ICDs for Customer review and approval; and
 Manage the approved ICDs consistent with the change control process.

Customer Team Participation and Responsibilities
Customer shall:
 Identify and set up appropriate facilities;
 Provide points of contacts who are knowledgeable of the workflow and data requirements for Customer hardware and software components with which the Custom Interfaces will interact;  Provide or have available all necessary information during the workshop to facilitate the creation of the ICD;
 Promptly review all draft ICD submissions and provide comments, questions, or approval within ten (10) Business Days of receipt; and
 Agree to and sign the ICDs before any development work can begin. Failure to approve in a timely manner may impact Project Schedule and incur additional cost. 261
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Task Acceptance Criteria
This Task is complete upon completion of all ICDs and execution of the ICDs by both Hexagon and the Customer.

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4. Custom Interface Development
Task Description
During this Task, Hexagon will develop the Custom Interfaces based upon the ICDs that were created from the Custom Interface Requirements Gathering Task.

Task Deliverables
 Custom Interface documentation
Task Prerequisites
 Custom Interface ICDs have been executed by each Party.

Task Assumptions
 Any changes to a third-party interface developed by Hexagon that will alter the agreed-upon ICD will have to be reflected in a mutually executed document, which may include a Change Order.  Development of the Custom Interface shall not commence until the signed/approved ICD is returned to Hexagon. Failure to approve in a timely manner may impact project schedule and incur additional cost.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Develop the Custom Interfaces based upon the ICD.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure SMEs are available as needed; and
 Obtain third-party cooperation as reasonably requested by Hexagon.

Task Acceptance Criteria
This Task is complete when all Custom Interfaces are developed.

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5. Load Balancer Equipment Ordering
Task Description
Hexagon resources will order the load balancer components as required for the virtual environments as specified in Attachment F (System Configuration Diagram, Hardware specifications, BOM items listed as Hexagon furnished) of this SOW.

Task Deliverables
 Estimated delivery date of Kemp load balancers
Task Prerequisites
 Equipment requirements have been finalized.
 Project Kickoff Meeting Task is complete.

Task Assumptions
 N/A
Hexagon Team Participation and Responsibilities
Hexagon shall:
 Order the Kemp load balancers.

Customer Team Participation and Responsibilities
Customer shall:
 N/A
Task Acceptance Criteria
This Task is complete when Hexagon resources have ordered the Equipment specified in this Task.

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Staging Phase

6. Physical Infrastructure Installation
Task Description
This Task involves Customer physically installing the servers and storage into the datacenter and the configuration of the physical servers and storage that will host the virtual environment.

Task Deliverables
 Customer staging of the physical infrastructure
Task Prerequisites
 Project equipment is ordered and received.
 Customer must have the license keys for VMware, SQL and Windows software. If such license keys were purchased by Hexagon for Customer, then Customer will have received an email and shall have downloaded these license keys.
 The Customer has completed the Infrastructure Build Document provided by Hexagon which includes a list of server names and IPs and service account requirements and other various information.

Task Assumptions
 Servers will be created\provided for staging the Hexagon software and are for the sole purpose of Hexagon Software and will not serve other roles.

Hexagon Team Responsibilities
Hexagon shall:
 Provide the VM templates to the customer via electronic download (FTP, File copy, etc.). There will be two (2) files totaling approximately 50GB; and
 Assist the Customer with importing the Hexagon-provided templates to the templates datastore.

All VMs will be created from these templates.

Customer Team Responsibilities
Customer shall:
 At each site:
 Provide Rack Space for the server equipment;
 Provide Power in the rack;
 Provide Network connections for the provided equipment on the appropriate VLANs;  Provide adequate cooling for the servers;
 Provide required server names and IPs for all of the equipment;  Provide domain level credentials for the vCenter server and to join servers to the domain;  Provide assistance with resolving issues related to network connectivity and\or remote access;  Add ESX Host names as static DNS Entries for name resolution; 265
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 Perform the physical installation of the Project equipment in Customer datacenter or location specified in advance by Customer;
 Connect the HP ILO or Dell iDRAC, assigning an IP Address and\or license to those to allow remote access;
 Make connections between the servers and storage, as required;  Assign an IP Address to the storage array to allow connectivity for full configuration;  Connect to the servers install\license the ESX host OS if required;  Configure storage to be presented to the hosts;
 Configure the networking on each host to provide two (2) virtual switches each configured with two (2) NICs. The first vSwitch will support VMware management connectivity and vMotion (10 gig). The second vSwitch will support the Production VM traffic (1 gig); and  Configure the vSwitch that will be utilized by the virtual Kemp load balancers to change the following settings:
 MAC address changes from reject to accept.
 Forged Transmits from reject to accept.
 Answer other configuration questions as they arise.

Task Acceptance Criteria
This Task is complete when: (i)(a) Customer has all designated Project server hardware staged and (b) the physical servers and storage that will host the virtual environments configured and, (ii) Hexagon has provided the VM templates to the Customer.

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7. Virtual Server and OnCall Software Staging
Task Description
This Task is intended to facilitate the installation and configuration of virtual machines, Microsoft SQL Servers, the client specific OnCall software suite, associated Third Party Software, and load balancers. This Task will occur in multiple steps. This Task will result in a working environment that will be configured in future tasks. Hexagon will perform all related tasks as described via the Hexagon OnCall Management Tool which utilizes PowerShell for automation of the tasks described herein.

Hexagon will initially confirm the hardware has been configured and set up according to Hexagon standards and able to receive the Software. If deviations are identified, Hexagon will notify the Customer and the Customer will take prompt action to address the deviation.

Hexagon will begin this Task by installing the virtual servers into the virtual environment identified by the Customer. Hexagon will create the virtual servers, assigning them the required CPU, memory, and disk space, set server names and IP addresses, and join the virtual servers to the domain. Hexagon shall also add Hexagon Administrator groups to the local administrator groups of the servers to allow Hexagon the required access for this Project.

Hexagon will also complete the following SQL Implementation Steps: Create SQL Group Managed Service Accounts, install and configure Windows Failover Clustering, enable and configure SQL AlwaysOn Availability group(s) with an associated Availability Group Listener, and Test SQL AlwaysOn Availability Group(s) for proper failover.

Hexagon will install and perform initial configuration of the Hexagon OnCall Product Suite included in this Project. Hexagon shall stage and install Software Products on the virtual servers, which includes creating the directory, setting up folder permissions, installing the Hexagon license servers, and installing and setting up Software Products. Software installed during this Task does not constitute a fully configured system. Additional configuration Tasks are described later in this SOW.

Hexagon will install and configure the load balancers. Hexagon and Customer will hold a meeting to discuss and provide consultation regarding which URLs will be used by the load balancers (“Load Balancer Meeting”). The Customer will ultimately determine and be responsible for the selection of the URLs that will be utilized by the OnCall Product Suite. Hexagon will use those URLs to configure the load balancer VIPs. The load balancers will be configured for GSLB (Global Site Load Balancing) and or HA (High Availability). Special DNS entries will need to be made to delegate the name resolution of the URLs if using GSLB. The Customer should test the configuration of the load balancers.

As part of this Task, Hexagon will initiate the Site Configuration document. At this stage this document is a draft that will be updated throughout the Project.

Task Deliverables
 Draft Site configuration Document
 Installation of OnCall Product Suite(s)
 URLs configured on the Load Balancers
 Ability to login to most of the applications (Some require additional configuration before functional, like OnCall Analytics)
Task Prerequisites
 Customer has completed and returned the Infrastructure Build Document to Hexagon. 267
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 Customer has installed and configured the VMware Virtual Infrastructure in accordance with Attachment F.
 The VMware host have the vSwitch that will be utilized by the virtual Kemp load balancers have had the following settings changed:
 MAC address changes from reject to accept.
 Forged Transmits from reject to accept.
 Customer has downloaded the Hexagon provided software.  Customer has uploaded the SQL Media ISO(s) to a datastore available to Hexagon.  Customer has uploaded the ESRI Media ISO to a datastore available to Hexagon, if applicable.  Customer has imported the Hexagon provided VMware templates.  Customer has placed Hexagon and required third party licenses that have been provided to the Customer and placed on a network share accessible by Hexagon.

Task Assumptions
 The Virtual Infrastructure is VMware vSphere. Additional discussion and level of effort will be needed to account for a Hyper-V Infrastructure.
 New virtual servers will be for the sole purpose of the Project defined by this SOW and will not serve other roles.
 Hexagon will require the following permissions during the Project.  Administrative access to the vCenter cluster that the VMs will be created in.  Domain Administrator level permission on the domain to allow the following:
 Join virtual servers to the domain
 Create Computer Objects
 Create server clusters
 Create and manage DFS configurations
 Create users and groups
 Add\modify DNS entries in support of the Load balancer configuration Hexagon Team Participation and Responsibilities
Hexagon shall:
 Perform Virtual Server Implementation
 Install SQL and configure the SQL AlwaysOn Availability group and the MS Windows Failover Cluster
 Perform the Software Installation
 Configure Hexagon Licensing Servers
 Host the Load Balancer Meeting
 Provide the Draft Site Configuration Documentation
Customer Team Participation and Responsibilities
Customer shall:
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City of Ontario, CA
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 Provide information, credentials, and access to systems, the network, VMs, domains, as requested by Hexagon to facilitate Hexagon completing this task.  Answer questions as needed.
 Promptly address any deviations in hardware, operating system, database software from what is required in Attachment E and F.

Task Acceptance Criteria
This Task is complete when Hexagon has completed the Software Installation and provided the Draft Site Configuration Documentation to Customer.

269
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 26

8. OnCall Records Link to I/CAD
Task Description
As part of this Task, Hexagon will install the OnCall Records Link in the Customer’s environment to facilitate data transfers between I/CAD and OnCall Records. As part of this Task, Hexagon will install the OnCall Records Link in the Customer’s environment (that will become the Production Environment upon Cutover) and validate data is being transferred through the OnCall Records Link. The OnCall Records Link communicates between I/CAD and OnCall Records to retrieve data from I/CAD and validate data is being transferred through the OnCall Records Link. The OnCall Records Link communicates between I/CAD and OnCall Records to retrieve data from I/CAD.

OnCall Records Link facilitates the transfer of data from the I/CAD system to the OnCall Records including the following:
 Call Information
 Supplemental Information Including:
 Vehicle Information
 Location Information
 Property Information.
 Name Information
Task Deliverables
 Installation of OnCall Records Link interface for Customer testing and verification Task Prerequisites
 Virtual Server and OnCall Software Staging Task is complete.

Hexagon Team Participation and Responsibilities
 Hexagon will install the OnCall Records Link in the Customer’s environment and validate data is being transferred from I/CAD to OnCall Records.

Customer Team Participation and Responsibilities
 None
Task Acceptance Criteria
This Task is complete when the OnCall Records Link software has been installed and configured.

270
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 27

9. OnCall Records Address Server Mapping Configuration
Task Description
During this Task, Hexagon will configure the OnCall Records Address Server components for OnCall Records and conduct the Address Server Mapping Review (“Address Server Review”).

OnCall Records utilizes the native Esri GIS data files processed by the OnCall Records Address Server for geo-validation, standardization, and reverse geo-coding. The OnCall Records Address Server supports street centerline files, commonplace data, and address point information for geo-verification.

OnCall Records does not directly synchronize with the maps used within the Customer’s CAD solution because additional Location attributes and information may be obtained and captured within OnCall Records for a valid location (e.g., District, Post, Beat, Neighborhood, Community, Quadrants, etc.). The Address Server provides the ability to reverse geo-code a valid location to retrieve these additional data elements.

The Address Server Review is intended to cover the mapping attributes needed for OnCall Records, where the information will be pulled from, and necessary map layers and geocode conversions. The Address Server Review shall last no more than four (4) Business Days. The Customer shall ensure appropriate GIS personnel attend the Address Server Review. As may be requested during and outside of the Address Server Review, Customer shall provide assistance to Hexagon in the installation and configuration of the Address Server within the Customer’s environment.

Task Deliverables
 COTS OnCall Records Address Server configuration
 Address Server Review
Task Prerequisites
 Virtual Server and OnCall Software Staging Task is complete.

Task Assumptions
 This workshop provides for a maximum of six (6) Core Team Members.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Conduct the Address Server Review;
 Configure and test the OnCall Records Address Server component; and  Validate the COTS Address Server Configuration.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure necessary GIS personnel (and others as needed) attend the Address Server Review;  Identify and set up appropriate facilities for the Address Server Review; and  Assist Hexagon with the Address Server configuration preparation. 271
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 28
Task Acceptance Criteria
This task is complete when the OnCall Records Address Server has been configured and the Address Server Review has been conducted.

272
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 29
Configuration Phase

10. OnCall Records Fundamentals for Core Team
Task Description
The purpose of this Task is to provide participants from the Records Core Team base level knowledge of the Subsystem to allow the attendees to properly configure the Subsystem. During this Task, Hexagon will conduct one (1) OnCall Records Fundamentals class for system administrators and Users who are part of the Records Core Team (“Core Team Training”). The Core Team Training shall last no more than four (4) Business Days on-site. The Core Team Training will include the following topics for the COTS version of OnCall Records:

Core Team Training
 OnCall Records Solution overview and global features
 Modules overview
 Overview of configuration options
 Overview of NIBRS validations and reporting
 Overview of output reporting and customizations
 Discussion on best practices to follow during configuration workshops  Adaptation of business processes into OnCall Records and planning for upcoming workshops The personnel attending Core Team Training shall have completed MS Windows training or have comparable education, training, and experience with MS Windows and its user interface. The personnel designated by the Customer to attend this training shall be the primary participants in Functional Testing for OnCall Records.

Task Deliverables
 Records Core Team Training session
Task Prerequisites
 Business Process Analysis Workshop Task is complete.
 Completion of an introductory Microsoft Windows course or equivalent knowledge and familiarity with the Microsoft Windows user interface.

Task Assumptions
 Hexagon responsibilities will be executed on site at a Facility.  The training course shall last no longer than four (4) Business Days.  Session is a formal training presentation based on the COTS version of OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide OnCall Records training for the Records Core Team Members on the installed COTS OnCall Records Software.
273
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 30
Customer Team Participation and Responsibilities
Customer shall:
 Provide a Facility;
 Provide a Project Workstation for each attendee;
 Designate the Records Core Team for attendance and ensure those same participants participate in subsequent Records configuration and testing Tasks;
 Ensure that attendees have attended an introductory MS Windows course, or have comparable education, training, or experience, are available to actively participate in the scheduled training program and attendees attend scheduled training class in their entirety;  Ensure that all training workstations and servers are operational prior to the agreed start of training classes; and
 Provide internal training to users that are unable to attend the Hexagon-provided training.

Task Acceptance Criteria
This Task is complete when the OnCall Records Fundamentals for Core Team training has been provided.

274
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 31

11. OnCall Records System Configuration Workshop 1
Task Description
During this Task, Hexagon will provide the first System Configuration Workshop (“Configuration Workshop 1”). This Task includes a System/training review for the setups that will be covered. This will provide the Customer Records Core Team assistance as they configure and setup the OnCall Records system. Customer will be responsible for the overall configuration of the OnCall Records Subsystem. This is a hands-on workshop, and Customer’s staff will have ongoing configuration and other assignments resulting from this Task. The Configuration Workshop 1 shall last no more than four (4) Business Days.

Following completion of the Configuration Workshop 1, Customer will complete its setup of the assigned configuration topics below prior to the scheduled System Configuration Workshop 2 (“Configuration 1 Period”).

Configuration Workshop 1 Topics
 OnCall Records Regional Configuration Overview
 OnCall Records Agency Configuration Overview
 Access configuration for Groups and Users
 Code Maintenance & Administration Overview
 Address Server – Overview
 Adaptation of Business Processes into OnCall Records
Task Deliverables
 Configuration Workshop 1 for the Customer OnCall Records Core Team  Customized documentation on expectations for completion before Configuration Workshop 2.

Task Prerequisites
 OnCall Records Fundamentals for Core Team Task is complete.

Task Assumptions
 Hexagon responsibilities will be executed on site at a Facility.  The Configuration Workshop 1 shall last no more than four (4) Business Days of the given week.  The workshop provides for a maximum of twelve (12) Core Team Members.  This workshop is a formal presentation based on the COTS version of OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide OnCall Records Configuration Workshop 1.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a Facility;
 Provide a Project Workstation for each attendee;
275
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 32
 Ensure, at minimum, the same Records Core Team members who attended OnCall Records Fundamentals for Core Team attend Configuration Workshop 1;  Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled training program and attendees attend scheduled training class in their entirety;  Ensure that all workshop workstations and servers are operational prior to the agreed start of training classes; and
 As it pertains to the topics listed for Configuration Workshop 1 above, configure OnCall Records based upon the information provided in OnCall Records System Configuration Workshop 1 during the Configuration 1 Period.

Task Acceptance Criteria
This Task is complete when Hexagon has delivered the Configuration Workshop 1.

276
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 33

12. OnCall Records System Configuration Workshop 1 Follow-up Session Task Description
Hexagon will provide a Configuration Workshop 1 Follow-up no earlier than one (1) week after completion of the Configuration Workshop 1. This discussion will be provided to offer assistance and answer questions that may arise after the Configuration Workshop 1 and after the Customer has started configuring OnCall Records, so the Customer’s Records Core Team can continue to complete their system setup. This Task occurs during the Configuration 1 Period.

Task Deliverables
 Configuration Workshop 1 Follow-up Session
Task Prerequisites
 OnCall Records System Configuration Workshop 1 Task is complete.  Customer has commenced configuring OnCall Records reflective of the information provided in OnCall Records System Configuration Workshop 1.

Task Assumptions
 The session will last for a maximum of three (3) Business Days consisting of a four (4) hour session each day.
 The session is provided for a maximum of twelve (12) Team Members with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon;  This session is a formal presentation based on the version of OnCall Records covered in the Configuration Workshop 1.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide OnCall Records Configuration Workshop 1 Follow-up for the Core Team Members.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records Core Team members for attendance, which at minimum, shall include the Records Core Team members who attended the Configuration Workshop 1;
 Provide the facilities, supplies, and equipment necessary to support a session conference call. A single room with a projector or LCD screen is recommended; and  Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled conference and attendees attend in their entirety.

Task Acceptance Criteria
This Task is complete when Hexagon has completed the Configuration Workshop 1 Follow-up Session. 277
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 34

13. OnCall Records System Configuration Workshop 2
Task Description
During this Task, Hexagon will provide the second System Configuration Workshop (“Configuration Workshop 2”). This Task includes a System/training review on the topics specified below. The Configuration Workshop 2 will provide instruction to facilitate the Customer continuing to configure OnCall Records This is a hands-on workshop. Customer’s staff will have ongoing configuration and other assignments resulting from this Task. The Configuration Workshop 2 shall last no more than four (4) Business Days. Following completion of the Configuration Workshop 2, Customer will complete its setup of the assigned configuration topics below prior to the scheduled System Configuration Workshop 3 (“Configuration 2 Period”).

Configuration Workshop 2 Topics
 Base UI Configuration Adaptations
 Alert and Notification Configuration
 Workflow Approval process
 Continued Adaptation of Business Processes into OnCall Records Task Deliverables
 OnCall Records Configuration Workshop 2
 Customized documentation on expectations for completion before the end of the Configuration 2 Period
Task Prerequisites
 OnCall Records System Configuration Workshop 1 Follow-up Session Task is complete.  Customer has completed configuration activities from OnCall Records Configuration Workshop 1.  Customer has configured the items identified in Configuration Workshop 1 within OnCall Records.  The address server will be operational and turned on. Customer will verify that the address verification is working properly.
 Hexagon has installed the Clevest software.

Task Assumptions
 Hexagon responsibilities will be executed on site at a Facility.  The Configuration Workshop 2 shall last no more than four (4) Business Days.  The workshop provides for a maximum of twelve (12) Team Members.  This is a formal workshop presentation based on the COTS version of OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide OnCall Records Configuration Workshop 2 in the installed OnCall Records Software.

Customer Team Participation and Responsibilities
Customer shall:
278
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 35
 Provide a Facility;
 Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records Core Team members for attendance, which shall, at a minimum, include past participants from Configuration Workshop 1;  Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled training program and attendees attend scheduled training class in their entirety;  Ensure that all workshop workstations and servers are operational prior to the agreed start of training classes; and
 As it pertains to the topics listed for Configuration Workshop 2 above, configure OnCall Records based upon the information provided in OnCall Records System Configuration Workshop 2 during the Configuration 2 Period.

Task Acceptance Criteria
This Task is complete when Hexagon has delivered the Configuration Workshop 2.

279
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 36

14. OnCall Records System Configuration Workshop 2 Follow-up Session Task Description
Hexagon will provide a Configuration Workshop 2 Follow-up session no earlier than one (1) week after completion of the Configuration Workshop 2. This session will be provided to offer assistance and answer questions that may arise from the Configuration Workshop 2 and Customer configuration of OnCall Records based upon the information provided in OnCall Records Configuration Workshop 2, so that the Records Core Team can continue to complete configuration of the Subsystem. This Task occurs during the Configuration 2 Period.

Task Deliverables
 Configuration Workshop 2 Follow-up Session
Task Prerequisites
 OnCall Records System Configuration Workshop 2 Task is complete.  Customer has commenced configuring OnCall Records reflective of the information provided in OnCall Records System Configuration Workshop 2.

Task Assumptions
 The session will last for a maximum of three (3) Business Days consisting of a four (4) hour session each day.
 The session is provided for a maximum of twelve (12) Team Members with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon;  Session is a formal presentation based on the COTS version of OnCall Records covered in the Configuration Workshop 2.

Task Deliverables
 Configuration Workshop 2 Follow-up Session for the Customer OnCall Records Core Team Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide a OnCall Records Configuration Workshop 2 Follow-up session for the Core Team Members.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a facility according to the requirements provided in Task Assumptions;  Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records Core Team members for attendance, which at minimum, shall include the Records Core Team members who attended the Configuration Workshop 2;
 Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled session and attendees attend in their entirety. 280
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 37
Task Acceptance Criteria
This Task is complete when Hexagon has delivered the Configuration Workshop 2 Follow-Up Session.

281
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 38

15. OnCall Records System Configuration Workshop 3
Task Description
During this Task, Hexagon will provide the third System Configuration Workshop (“Configuration Workshop 3”). This Task includes the topics specified below. The Configuration Workshop 3 will provide instruction to facilitate the Customer continuing to configure OnCall Records. This is a hands-on workshop. Customer’s staff will have ongoing configuration and other assignments resulting from this Task. The Configuration Workshop 3 shall last no more than four (4) Business Days. Following completion of the Configuration Workshop 3, Customer will complete its setup of the assigned configuration topics below (“Configuration 3 Period”) prior to the scheduled MFR System Configuration Workshop.

Configuration Workshop 3 Topics
 Advanced UI Configuration Adaptations
 NIBRS review and configuration Continued Adaptation of Business Processes into OnCall Records
 Planning for Testing and Training
Task Deliverables
 OnCall Records Configuration Workshop 3
 Customized documentation on expectations for completion before next Workshop session Task Prerequisites
 OnCall Records System Configuration Workshop 2 Follow-up Session Task is complete.  Customer has configured the items identified in Configuration Workshop 2 within OnCall Records.  The Customer has completed all configuration activities arising from OnCall Records System Configuration Workshop 2.

Task Assumptions
 Hexagon responsibilities will be executed on site at a Facility.  The Configuration Workshop 3 duration shall not exceed four (4) Business Days.  Configuration Workshop 3 provides for a maximum of twelve (12) Team Members.  This is a formal workshop presentation based on the COTS version of OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide OnCall Records Configuration Workshop 3 in the installed OnCall Records Software.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a Facility;
 Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records Core Team members for attendance, which at a minimum, shall include Customer’ participants from Configuration Workshops 1 and 2; 282
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 39
 Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled training program and attendees attend scheduled training class in their entirety;  Ensure that all workshop workstations and servers are operational prior to the agreed start of training classes; and
 As it pertains to the topics listed for Configuration Workshop 3 above, configure OnCall Records based upon the information provided in OnCall Records System Configuration Workshop 3 during the Configuration 3 Period.

Task Acceptance Criteria
This Task is complete when Hexagon has delivered the Configuration Workshop 3.

283
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 40

16. OnCall Records System Configuration Workshop 3 Follow-up Session Task Description
Hexagon will provide a Configuration Workshop 3 Follow-up no earlier than one (1) week after completion of the Configuration Workshop 3. This session will be provided to offer assistance and answer questions that may arise from the Configuration Workshop 3 so that the Customer’s Records Core Team can continue to complete the system setup. This Task occurs during the Configuration 3 Period.

Task Deliverables
 OnCall Records Configuration Workshop 3 Follow-up session Task Prerequisites
 OnCall Records System Configuration Workshop 3 Task is complete.  Customer has commenced configuring OnCall Records reflective of the information provided in OnCall Records System Configuration Workshop 3.

Task Assumptions
 The session will last for a maximum of three (3) Business Days consisting of a four (4) hour session each day.
 The session is provided for a maximum of twelve (12) Team Members with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon;  Session is a formal workshop presentation based on the version of OnCall Records covered in the Configuration Workshop 3.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide a OnCall Records Configuration Workshop 3 follow-up session for the Core Team Members.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a facility according to the requirements provided in Task Assumptions;  Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records Core Team members for attendance, which at a minimum, shall include the Customer’s participants from Configuration Workshop 3;  Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled session and attendees attend in their entirety.

Task Completion Criteria
This Task is complete when Hexagon has completed the Configuration Workshop 3 Follow-up Session.

284
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 41

17. OnCall Records | Mobile Field Reporting System Configuration Workshop Task Description
During this Task, Hexagon will provide the System Configuration Workshop for the OnCall Records | Mobile Field Reporting Subsystem (“MFR Configuration Workshop”). This task includes a System/training review for the setups that will be covered. This will reinforce the previous training and provide the Customer Core team assistance as they configure and setup the OnCall Records | Mobile Field Reporting Subsystem. The workshop will provide the knowledge needed and enable the Customer staff to complete the OnCall Records | Mobile Field Reporting configuration and support the Subsystem. This is a hands-on workshop. Customer’s staff will have ongoing configuration and other assignments resulting from this task. Following completion of the MFR Configuration Workshop (“MFR Configuration Period”), Customer will complete its setup of the assigned configuration topics below prior to Customer Functional Testing – OnCall Records.

Task Deliverables
 Configuration Workshop for the Customer OnCall Records | Mobile Field Reporting Core Team Task Prerequisites
 OnCall Records System Configuration Workshop 3 Follow-up Session Task is complete.  The Customer has installed and configured at least one (1) workstation for use by the Hexagon instructor during the sessions.
 The Customer has installed and configured at least one (1) workstation per student attending the session.
 An appropriate training room has been identified and set up with the workstations, at least one (1) LCD projector, display screen or other appropriate surface to display a projected image, and white-board space or other ability to take notes and record questions.

Task Assumptions
 Hexagon responsibilities will be executed on site at a Facility.  The MFR Configuration Workshop duration is four (4) Business Days.  The workshop provides for a maximum of twelve (12) Team Members.  This is a formal workshop presentation based on the COTS version of OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide MFR Configuration Workshop in the installed OnCall Records | Mobile Field Reporting Software.

Customer Team Participation and Responsibilities
Customer shall:
 Provide a Facility;
 Provide a Project Workstation for each attendee;
 Designate the Customer OnCall Records | Mobile Field Reporting Core Team for attendance;  Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled training program and attendees attend scheduled training class in their entirety; 285
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 42
 Ensure that all workshop workstations and servers are operational prior to the agreed start of training classes; and
 As it pertains to the topics listed above, configure OnCall Records based during the MFR Configuration Period.

Task Acceptance Criteria
This Task is complete when Hexagon has delivered the MFR Configuration Workshop to the Customer.

286
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 43

18. OnCall Records | Mobile Field Reporting System Configuration Workshop Follow-up Session
Task Description
Hexagon will provide an MFR Configuration Workshop Follow-up no earlier than one (1) week after completion of the MFR Configuration Workshop. This session will be provided to offer assistance and answer questions that may arise from the MFR Configuration Workshop so that the Customer’s Core Team can continue to complete the system setup. This Task occurs during the MFR Configuration Period.

Task Deliverables
 MFR Configuration Workshop Follow-up session for the Customer OnCall Records | Mobile Field Reporting Core Team
Task Prerequisites
 MFR Configuration Workshop Task is complete.
 Customer has commenced configuring OnCall Records | Mobile Field Reporting reflective of the information provided in the MFR Configuration Workshop.

Task Assumptions
 The session will last for a maximum of three (3) Business Days consisting of a four (4) hour session each day.
 The session is provided for a maximum of twelve (12) Team Members.  Session is a formal workshop presentation based on the version of OnCall Records | Mobile Field Reporting covered in the MFR Configuration Workshop.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide an MFR Configuration Workshop follow-up session for the Core Team Members.

Customer Team Participation and Responsibilities
Customer shall:
 Designate the Customer OnCall Records Core Team for attendance;  Provide the facilities, supplies and equipment necessary to support the session. A single room with a projector or LCD screen is recommended; and
 Ensure that appropriate personnel and system administrator are available to actively participate in the scheduled session and attendees attend in their entirety.

Task Completion Criteria
This Task is complete when Hexagon has completed the MFR Configuration Workshop Follow-up Session.

287
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 44

19. OnCall Records State NIBRS Validation Installation
Task Description
During this Task, Hexagon resources will upgrade the NIBRS validation changes to reflect state validations.

Task Deliverables
 Hexagon installation of the state-specific NIBRS validations Task Prerequisites
 The Customer has completed all configuration activities arising from OnCall Records System Configuration Workshop 3.
 OnCall Records System Configuration Workshop 3 Follow-up Session Task is complete.  Hexagon has completed any state-mandated changes on validations to core Federal IBRS product.

Task Assumptions
 N/A
Hexagon Team Participation and Responsibilities
Hexagon shall:
 Install and test State NIBRS validations; and
 Support Customer testing and provide resolution of Blocker Defects.

Customer Team Participation and Responsibilities
Customer shall:
 Conduct testing and report any Blocker Defects back to each parties’ representative via Hexagon’s Customer Resource Management (CRM) issue tracking system withinfifteen (15) Business Days of receiving notification from Hexagon that the software is ready for testing.

Task Acceptance Criteria
This Task is complete when the current version of State NIBRS has been installed.

288
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 45

20. OnCall Records State NIBRS Validation Review
Task Description
During this Task, Hexagon resources will conduct a NIBRS validation review workshop (the “NIBRS Validation Review”) to illustrate to the Customer how NIBRS Validation works with changes incorporated for the State. The NIBRS Validation Review shall last no more than one (1) Business Day. Major topics covered include the following:
 State NIBRS Requirements
 Fields in OnCall Records that are used for NIBRS reporting  Validation process
Task Prerequisites
 State NIBRS Validation Installation Task is complete.  Statute table and picklist code tables are mapped with the correct NIBRS values.

Task Assumptions
 The NIBRS Validation Review shall last no longer than one (1) Business Day.  The workshop provides for a maximum of twelve (12) Core Team Members with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide the NIBRS Validation Review.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure that appropriate personnel are available to actively participate in the scheduled session and attendees attend in their entirety.

Task Acceptance Criteria
This Task is complete when the NIBRS Validation Review has been completed.

289
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 46

21. OnCall Records State NIBRS Reporting Installation
Task Description
During this Task, Hexagon resources will upgrade the IBRS reporting client to reflect state-specific product changes to support state reporting.

Task Deliverables
 Hexagon installation of the state-specific NIBRS reporting.

Task Prerequisites
 State NIBRS Validation Installation Task is complete.

Task Assumptions
 OnCall Records will use existing State NIBRS software. No new development or additional customizations are included.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide COTS documentation on the NIBRS submission tool;  Support Customer testing and provide resolution of Blocker Defects; and  Prepare and submit a NIBRS test submission to the State.

Customer Team Participation and Responsibilities
 None
Task Acceptance Criteria
This Task is complete when the current version of State NIBRS has been installed and tested to validate its conformance with State requirements.

290
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 47

22. OnCall Records State NIBRS Report Generation Training Task Description
During this Task, Hexagon resources will train key personnel on the utilization of the Hexagon NIBRS Reporting Client.

Task Deliverables
 On site training on the NIBRS Reporting Client
Task Prerequisites
 State NIBRS Reporting Installation Task is complete.

Task Assumptions
 OnCall Records will use existing State NIBRS software. No new development or additional customizations are included.
 The session is provided for a maximum of twelve (12) attendees with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon.  Students attending the course should have a good working knowledge of using HxGN OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide a two (2)-day on site training session for twelve (12) students.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure appropriate personnel attend and participate fully and collaboratively in the training.

Task Acceptance Criteria
This Task is complete when the two (2)-day on site training session has been provided.

291
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 48

23. OnCall Records COTS Reports Review
Task Description
This Task is a Hexagon-led class on how to create and edit SSRS reports within the OnCall Records System (the “Records Reports Review”). As part of the Records Reports Review, new report creation will be shown and discussed to allow for adaptation of existing SSRS report knowledge to the new system.

The Records Reports Review shall last no longer than two (2) Business Days on site. For clarity, the Records Reports Review is not intended to provide instruction on how to load and edit reports within OnCall Records or SSRS report training, which the participants should already know prior to their attendance.

Task Prerequisites
 OnCall Records System Configuration Workshop 3 Task is complete.

Task Assumptions
 Customer attendees have appropriate education, training, and experience with SQL and SSRS knowledge.
 The Records Reports Review is provided for up to twelve (12) people with a maximum of one (1) student per Project Workstation, unless otherwise agreed to by Hexagon.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide the on-site Records Reports Review
Customer Team Participation and Responsibilities
Customer shall:
 Provide a facility according to the requirements provided in Task Assumptions;  Provide a Project Workstation for each attendee; and
 Ensure appropriate personnel, with the requisite knowledge attend the Records Reports Review.

Task Acceptance Criteria
This Task is complete when the Records Report Review is completed.

292
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 49

24. OnCall Analytics | Records Configuration
Task Description
This Task is Hexagon-led and involves configuring OnCall Analytics | Records Essentials with Customer’s site-specific parameters.

HxGN OnCall Analytics is business intelligence software for reporting, analysis, and evidence-based decision making. It provides reporting and analysis capabilities, which are fully described within a document titled: “HxGN OnCall Analytics | Records: Delivered Models and Reports,” which available upon request. That document describes the types of reports and models available within OnCall Analytics, which may require additional configuration and work by the Customer. Only those reports corresponding to the type of reporting model and Software product included within the Project are available to the Customer.

Required OnCall Analytics | Records Advantage Software:

HARDWARE DESCRIPTION/USE ONCALL ANALYTICS RECORDS

ADVANTAGE SOFTWARE

COMPONENTS TO INSTALL
Report Server The Report Server is a
platform that business users
will utilize to create, access,
view, schedule and manage
their reporting content.

Microsoft Power BI Report Server
OnCall Analytics | Records Essentials
(paginated reports and dashboards)
Data
Warehouse
Server
The Data Warehouse Server
is used for the storage of the
DW schemas, ETL related
jobs and tables. In addition,
this server may be used for
the report server schemas.

SQL Server Data Tools (SSDT)
SQL Server Analysis Services (SSAS)
SQL Server Integration Services (SSIS)

Client
Workstation
The Client Workstation is
used to access, manage and
create content.

Power BI Desktop Report Server (RS)
Report Builder
Task Deliverables
 Configuration of OnCall Analytics | Records Essentials software and components for Customer testing and verification
 Data Dictionary delivered to Customer.
 Delivered HxGN OnCall Analytics | Records: Delivered Models and Reports to Customer.

Task Prerequisites
 OnCall Records System Configuration Workshop 3 Task is complete.

Task Assumptions
 Hexagon will install the OnCall Analytics | Records Essentials solution into the Production Environment.
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 Other environments will be the responsibility of the Customer.  Microsoft Power BI Report Server Note: If on-premise hosting of Power BI content is required, Customer must purchase SQL Server 2022 Enterprise Edition with Software Assurance (which includes the Power BI Report Server necessary for on-premise hosting of Power BI content) or may purchase Microsoft Power BI Report Server separately.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Configure the OnCall Analytics | Records Advantage software components as outlined in the above table;
 Install the Microsoft Power BI desktop software (free download) and components as outlined in table above; and
 Confirm that the software installation and delivery has been completed, the data connections have been tested, and data is accessible in reports.

Customer Team Participation and Responsibilities
Customer shall:
 Provide remote access to Customer environment. If remote access is not possible, additional travel and administration time is required to complete the installation and a change order will be required;
 Provide system administrator to work with the Hexagon team during installation activities;  Provide network administrator to work with the Hexagon team during installation activities;  Provide database administrator to work with the Hexagon team during the installation activities, if needed;
 Install additional products not purchased under this Agreement, such as hardware and third-party backup software; and
 Provide SQL Server software and license keys to Hexagon for the database installation.

Task Acceptance Criteria
This Task is complete when Hexagon has configured and tested the OnCall Analytics | Records Essentials software and data is accessible for reports and analytics in the Production Environment.

294
City of Ontario, CA
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Statement of Work 51

25. Anti-Bias Reporting Product Installation and Configuration Task Description
Hexagon will install and configure the HxGN Anti-Bias Reporting application, which is a web-based solution used by law enforcement officers to collect perceived demographic and other detailed data regarding pedestrian and traffic stops in compliance with California Assembly Bill 953 (AB-953), also known as the Racial and Identify Profiling Act of 2015 (RIPA).

The application receives initial inputs from Hexagon’s dispatch and mobility applications including Mobile for Public Safety and Mobile Responder.

The data collected will contain the following:
 Report Details – contains the officer and stop details.  Person – contains the data elements required to document the demographics of the person(s) contacted.
 Stop Reason – contains the reason for the interaction, a brief narrative to explain the reason, and dynamic elements required depending on the reason for the interaction.  Search – used to notate any actions taken during the interaction and if a search of the person/property was conducted.
 Stop Result – contains the result of the stop.

Finalized records are transmitted directly to California DOJ’s Web Portal electronically. Any errors are reported immediately to the user for corrections and resubmission.

Task Deliverables
 Installation and configuration of the HxGN Anti-Bias Reporting application Task Prerequisites
 I/CAD 9.4 has been installed and is in use.

Task Assumptions
 The database tables required for this application are added to the I/CAD database schema using MS SQL Server.
 The application is hosted locally within the Customer's environment and utilizes Kestrel web server in ASP.NET Core.
 I/CAD 9.4 or OnCall Dispatch 10.00.2309 and above is required.  Microsoft AspNetCore-runtime-6.0.21-win-x64 and above is required.  Microsoft WindowsDesktop-runtime-6.0.21-win-x64 and above is required.  This scope is based on the requirements of the California AB953 legislation that went into production on January 1, 2024, including data collection requirements and the API documented by California DOJ for electronically submitting the event.  This product is not integrated with OnCall Records.

Hexagon Team Participation and Responsibilities
Hexagon shall:
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 Install and configure the HxGN Anti-Bias Reporting application.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure that appropriate personnel and the system administrator are available to actively participate as needed.

Task Completion Criteria
This Task is complete when Hexagon has installed and configured the HxGN Anti-Bias Reporting application.

296
City of Ontario, CA
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Statement of Work 53

26. Custom Interface Product Installation and Configuration Task Description
During this Task, Hexagon will install, configure, and test the Custom Interfaces. Although the Customer is expected to participate in Hexagon’s internal testing of the Custom Interfaces, the Customer will formally test the Custom Interfaces’ functionality during Functional Testing.

Task Deliverables
 Documentation of Custom Interfaces installation/testing Task Prerequisites
 Operation or availability of the external system or Third-Party Software.  Custom Interface Development Task is complete.
 OnCall Records System Configuration Workshop 1 Task is complete.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Install Custom Interfaces; and
 Test Custom Interfaces in accordance with the approved ICDs.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure SMEs are available to support Hexagon Activities as needed;  Verify that physical connectivity has been achieved from Customer’s communication server to OnCall;
 Provide availability and confirm operation of external systems or third-party software;  Provide the following information to Hexagon:
 IP address for remote databases
 Socket value for remote systems
 Operator IDs (ORIs), terminal mnemonics, etc., as needed by remote systems  Ensure the system and network administrators are available to work closely with the Hexagon team for the duration of the Task; and
 Ensure third-party cooperation with Hexagon’s reasonable requests.

Task Acceptance Criteria
This Task is complete when each Custom Interface is installed and configured in accordance with the applicable ICD.

297
City of Ontario, CA
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Statement of Work 54

27. Standard Interface Product Installation and Configuration Task Description
During this Task, Hexagon will install and configure the Standard Interfaces. The Customer will formally test the interface functionality and reliability during Functional Testing.

The following are regarded as “Standard Interfaces” as the term is defined in Attachment H of this SOW:
 Coplogic Records Xalt Interface
 Anti-Bias Reporting Application (CA RIPA)
As part of this Task, Hexagon will provide Vendor Views to advise Coplink and Lexis Nexis AVCC on how to pull the data they require.

Task Deliverables
 Documentation of Standard Interfaces installation
Task Prerequisites
 Operation or availability of the external system or Third-Party Software  OnCall Records System Configuration 3 Follow-up Session Task is complete.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Install Standard Interfaces.

Customer Team Participation and Responsibilities
 Ensure SMEs are available to support Hexagon Activities as needed;  Verify that physical connectivity has been achieved from Customer’s communication server to OnCall;
 Provide availability and confirm operation of external systems or third-party software;  Provide the following information to Hexagon:
 IP address for remote databases
 Socket value for remote systems
 Operator IDs (ORIs), terminal mnemonics, etc., as needed by remote systems  Ensure the system and network administrators are available to work closely with the Hexagon team for the duration of the Task; and
 Ensure third-party cooperation with Hexagon’s reasonable requests.

Task Acceptance Criteria
This Task is complete when each Standard Interface is installed and configured.

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City of Ontario, CA
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Statement of Work 55
Testing Phase

28. Test Plan and Test Case Workshop
Task Description:

The RMS Test Plan/Test Case Workshop is an onsite workshop style session lasting up to three (3) Business Days that is intended to educate Records Core Team members on best practices when creating the RMS Test Plan and Test Cases. Hexagon will make recommendations to the Customer on how to create a Test Plan corresponding to the Benchmark Criteria. Additionally, as part of the workshop, Hexagon and Core Team members will create Test Cases until the end of workshop.

Task Prerequisites:
 OnCall Records Fundamentals Workshop for Core Team Task is complete.

Task Assumptions:
 Hexagon responsibilities will be executed on site at a Facility.  The RMS Test Plan/Test Case Workshop shall last no more than three (3) Business Days.  Customer has provided a Facility.

Hexagon Team Participation and Responsibilities:

Hexagon shall:
 Conduct the RMS Test Plan/Test Case Workshop
 Work with the Customer on creating Test Cases during the workshop; and  Provide consulting services on best practices when creating a Test Plan and Test Cases.

Customer Team Participation and Responsibilities:

Customer shall:
 Provide a Facility;
 Provide a Project Workstation for each attendee;
 Ensure the attendance and active participation of the Records Core Team members and other SMEs for the duration of the Test Case/Test Plan Workshop;  Participate in discussions and engage with the Hexagon team member; Task Acceptance Criteria:

This Task is complete at the conclusion of the Test Case/Test Plan Workshop.

299
City of Ontario, CA
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Statement of Work 56

28. Test Plan and Test Cases Development
Task Description
Following the Test Plan and Test Case Workshop, , the Customer will create a test plan (“RMS Test Plan”) with Test Cases for OnCall Records. The RMS Test Plan may incorporate the Test Cases created during the Test Plan and Test Case Workshop. The RMS Test Plan and Test Cases are essential for the Customer to be able to validate and prove the functionality of the Records Subsystem. Every Benchmark Criteria corresponding to OnCall Records should have at least one Test Case; some Benchmark Criteria may have multiple associated Test Cases. The Customer will identify the Benchmark Criteria that correspond to the applicable Test Cases. A clear pass/fail criterion must be defined for each Test Case.

The Test Plan and Test Cases will be agency-specific, and work-process driven with clearly documented Pass/Fail criteria. Only the elements of the Test Plan and Test Cases conforming with the Benchmark Criteria shall be used in evaluating and testing the System. The Test Plan is the set of Test Cases that will serve as the basis of testing the fully configured Subsystem, including interfaces.

The Customer will not need a fully configured Subsystem to create the Test Plan and Test Cases. The Test Case creation should be accomplished using a workflow-based Test Case.

Task Deliverables
 Customer’s RMS Test Plan and Test Cases
Task Prerequisites
 OnCall Records Fundamentals for Core Team Task is complete.  Test Plan and Test Case Workshop is complete
Task Assumptions
 N/A
Hexagon Team Participation and Responsibilities
Hexagon shall:
 Consult with the Customer during the RMS Test Plan and Test Cases creation task to validate the Test Cases correspond to the Benchmark Criteria.

Customer Team Participation and Responsibilities
Customer shall:
 Create the RMS Test Plan and Test Cases consistent with the Benchmark Criteria; and  Provide RMS Test Plan and Test Cases to Hexagon.

Task Acceptance Criteria
This Task is complete when the Customer has created the RMS Test Plan and Test Cases and Hexagon has validated the same in accordance with the Benchmark Criteria.

300
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 57

29. Customer Functional Testing
Task Description
The Customer, with support from Hexagon, will test OnCall Records Subsystem’s conformance with the Benchmark Criteria. The Customer will conduct Functional Testing over the course of ten (10) consecutive Business Days (“Records Testing Period”). During the Records Testing Period, the Customer shall execute the RMS Test Plan and corresponding Test Cases. Except as expressly provided, no other testing or evaluation for OnCall Records is contemplated in this Project. Hexagon and the Customer will jointly document and track the results of each Test Case as either pass or fail.

Within fifteen (15) Business Days of the end of the RMS Testing Period (“RMS Reporting Period”), the Customer shall file any Blocker Defects (
Hexagon can also enter Blocker Defects as appropriate) and Permissive Defects encountered during Functional Testing – Records through Hexagon’s Customer Resource Management (CRM) system. For any Blocker Defect identified, the Customer shall provide, at minimum, the following information: a description of the Defect and the steps used to reproduce it, the functionality tested when the Blocker Defect was encountered, the manner in which the functionality was tested, and the outcome when the functionality was tested. If the Blocker Defects are not filed within the RMS Reporting Period, it is presumed Functional Testing was completed without any Blocker Defect, and this Task is complete. Only Blocker Defects reported by the conclusion of the Reporting Period will be resolved as part of this Task. The existence of Permissive Defect(s) shall not preclude or be a condition of completion of any subsequent Tasks or implementation of a new Release.

To the extent requested, Customer agrees to promptly respond to requests for additional information regarding the Blocker Defect requested by Hexagon. Upon diagnosing the Blocker Defect and validating the Defect encountered meets the attributes of a Blocker Defect, Hexagon resources shall proceed to resolve the Blocker Defect accordingly. If the investigation determines the reported Blocker Defect did not meet the attributes of a Blocker Defect then the reported Defect will be reclassified in accordance with the levels provided in the Master Terms Glossary. Alternatively, if the investigation shows the reported Blocker Defect was caused by Customer hardware, Network Infrastructure, or Third-Party Software not provided by Hexagon, or non-conformance with Attachments E-2 and F, then Hexagon will provide such information to the Customer for the Customer to resolve, and the Blocker Defect will be closed and regarded as complete.

As part of its resolution efforts, Hexagon may at its discretion provide a procedural or programmatic work around, a configuration change, or provide an Update. Once the Blocker Defect(s) is addressed, Hexagon will report to Customer the Blocker Defect has been addressed and the Customer will have fifteen (15) Business Days to execute its Test Plan (“RMS Resolution Testing Period”).

After the Functional Testing, Hexagon will enforce a Code Freeze. Appreciating the desire to promote stability within the System and minimize changes to the System after Functional Testing, the Parties will not make configuration changes or modifications to the System except as the Project Managers may agree or is necessary to resolve a Blocker Defect.

Task Deliverables
 OnCall Records Functional Testing
Task Prerequisites
 Customer and Hexagon mutually confirm that OnCall Records is ready for testing.  Test Plan and Test Cases Development – OnCall Records Task is complete.  The Customer has installed and configured at least one (1) workstation per tester. 301
City of Ontario, CA
On-Premise OnCall Records Implementation
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Hexagon Team Participation and Responsibilities
Hexagon shall:
 Verify OnCall Records is ready for Functional Testing.  Provide dedicated resource support during business hours for Functional Testing.  Complete Interface Testing
 Review Defects identified in the Blocker Report by the Customer; and  Resolve Blocker Defects identified in the Blocker Report.

Customer Team Participation and Responsibilities
Customer shall:
 Verify OnCall Records is ready for Functional Testing.  Execute the RMS Test Plan;
 Track and document results from executed Test Cases and provide Hexagon a Blocker Report; and
 If applicable or desired, re-execute Test Cases during the Resolution Testing Period.

Task Acceptance Criteria
This Task is complete upon expiration of the RMS Testing Period and resolution of all Blocker Defects reported by the end of the RMS Reporting Period.

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City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 59
Training Phase

30. Hexagon-Led Training
Task Description
During the Training phase, Hexagon resources will conduct Administrative and Train-the-Trainer sessions for Customer-designated personnel.

The following formal training classes are included in the Project (“Hexagon Training Classes”):
 HxGN OnCall Records Train-the-Trainer – Qty: 1
 HxGN OnCall Records Train-the-User – Qty: 2
 HxGN OnCall Records | Mobile Field Reporting Train-the-Trainer – Qty: 3  HxGN OnCall Analytics | Records User Training – Qty: 1  HxGN OnCall Analytics | Records System Administration Training – Qty: 1 It is recommended that Customer develop its own training program, including, but not limited to: creating a training plan suitable for its needs, identifying a training cadre for each Subsystem, and leveraging the Hexagon training materials and Documentation to ensure its Users have acquired the necessary knowledge and are in a position to use OnCall Records upon Cutover. The Customer is solely responsible for training its Users. The Customer shall complete its User Training no later than thirty (30) calendar days after Hexagon has completed the Hexagon Training Classes (“End User Training Period”).

Task Deliverables
 Training course agendas
 Applicable COTS Documentation, in electronic format; for the Hexagon Training Classes Task Prerequisites
 Customer has identified and secured an appropriate training room and set up with the workstations, at least one (1) LCD projector, display screen or other appropriate surface to display a projected image, and white-board space or other ability to take notes and record questions.
 The Customer has installed and configured at least one (1) workstation per student attending the session.
 Customer Functional Testing Tasks for each Subsystem are complete.

Task Assumptions
 The Customer will complete end user training within the End User Training Period.  Both end-user training and train-the trainer training will be provided as specifically identified herein. Training will take place during normal Business Hours, which is typically from 8:00 am - 5:00 pm.
 Training documentation provided by Hexagon with this SOW will be standard COTS Documentation and help files and will not be customized to the Customer’s site-specific configuration. All Documentation will be provided in electronic format. Should printed copies be required, the Customer is responsible for providing them. 303
City of Ontario, CA
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Hexagon Team Participation and Responsibilities
Hexagon shall:
 Conduct Hexagon Training Classes.

Customer Team Participation and Responsibilities
Customer shall:
 Provide appropriate facilities and install/configure workstations as indicated in the Task Assumptions;
 Provide a Project Workstation for each attendee of the Hexagon Training Classes;  Ensure appropriate personnel participate in the Hexagon Training Courses; and  Complete end user training within the End User Training Period.

Task Acceptance Criteria
This Task is complete once Hexagon has delivered the Hexagon Training Classes to the Customer.

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City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 61

31. Test Environment Creation
Task Description
Following completion of all testing Tasks, Hexagon will create the Test Environment using a snapshot of the Production Ready System. As part of this Task, Hexagon will test the Test Environment to verify the Production Ready System has been properly loaded. For clarification, this testing is not intended to repeat or overlap with Customer Functional Testing Tasks.

Task Deliverables
 Test Environment installed
Task Prerequisites
 Test virtualized environment is available.
 The System is a Production Ready System.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Install and test the Hexagon System in the Test Environment.  Train Customer on how to do test and training refreshes (if not already taught in earlier training) Customer Team Participation and Responsibilities
Customer shall:
 Provide IT support, as required; and
 Provide hardware, database software, operating system software, network, and physical site necessary for creation of Test Environment.

Task Acceptance Criteria
This Task is complete when the System has been installed and tested in the Test Environment.

305
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 62
Cutover Phase

32. Cutover Plan
Task Description
Hexagon and the Customer will jointly develop a Cutover Plan. The Cutover Plan will detail the steps necessary to cutover OnCall Records. The Cutover Plan will assign tasks and responsibilities to both Hexagon and Customer personnel in the month prior to Cutover. The Cutover Plan covers topics including Customer staffing, movement of equipment into final locations, final database cleanout of test events, procedures to report issues, and planned sequence of events for the Cutover day.

Hexagon will provide the initial draft of the Cutover Plan to the Customer for review. The Customer will review the draft and provide feedback to Hexagon within ten (10) Business Days, which will incorporate appropriate feedback into a final Cutover Plan.

As part of the execution of the Cutover Plan, the Parties will work together to address Blocker Defects that arise following testing provided that requests for new or different configuration not addressing a Blocker Defect may require a Change Order.

Task Deliverables
 Cutover Plan
Hexagon Team Participation and Responsibilities
Hexagon shall:
 Create a draft Cutover Plan (i.e., prepare a checklist of responsibilities and tasks to be completed during the Cutover Task prior to Cutover);
 Work with Customer personnel to refine the Cutover Plan; and  Review and approve the final Cutover Plan.

Customer Team Participation and Responsibilities
Customer shall:
 Review and comment on the draft Cutover Plan within ten (10) Business Days of receipt;  Work with Hexagon personnel to refine the Cutover Plan; and  Review and approve the final Cutover Plan.

Task Acceptance Criteria
This Task is complete when the Customer has reviewed and approved the final Cutover Plan.

306
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 63

33. System Readiness Review
Task Description
During this Task Hexagon technical resources, the Hexagon Project Manager, and the Customer team will meet and determine if the OnCall Subsystems are ready for Cutover.

In addition, the System Readiness Review verifies that the following has occurred:
 A document titled, “Cutover Plan” has been developed and approved by both Hexagon and the Customer;
 Establishment and approval of a schedule for Cutover Activities; and  Identification and scheduling of Hexagon and Customer resources required for Cutover Activities.

Task Deliverables
 Readiness Review meeting minutes
 Discussion notes on the results from Hexagon’s final review of the system Task Prerequisites
 Cutover Plan Task is complete.

Task Assumptions
 The Customer certifies it has trained all personnel who will be utilizing the system.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Conduct a conference call to discuss if the system is ready to perform Cutover;  Provide system Cutover notification to appropriate internal and external interface stakeholders supplying systems integral to Cutover operations;
 Review and provide timely feedback/approval of Cutover Plan; and  Work with Customer to determine suitable Cutover schedule.

Customer Team Participation and Responsibilities
Customer shall:
 Participate in the conference call;
 Notify internal and external interface stakeholders about pending Cutover;  Review and provide timely feedback/approval of Cutover Plan; and  Work with Hexagon to determine suitable Cutover schedule.

Task Acceptance Criteria
This Task is complete when the Readiness Review has been conducted. 307 City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 64

34. Cutover to Production Use
Task Description
Cutover reflects the culmination of all the Tasks in this SOW. It reflects the point at which the Customer first uses the System in a live environment for its intended purpose.

The Parties shall execute the Cutover Plan, as practical, as part of Cutover. Beginning on Monday of the week of Cutover, Hexagon resources and the Project Manager will support the Customer’s Activities leading to Cutover, during Cutover, and post-Cutover. Except for the day of Cutover where the resource may be on site at alternate hours, the Hexagon resource will be available Monday to Friday of the week of Cutover during business hours. Upon Cutover, the Customer’s System Administrator will assume primary responsibility of the management and administration of the System, and the Hexagon resources will provide support as needed by the Customer System Administrator. At times where the Hexagon resources are not otherwise available after the Project is complete, the Customer shall contact Hexagon’s HelpDesk in accordance with the Maintenance Terms within the Agreement. For Blocker Defects during the week of Cutover, Hexagon’s Project Team will respond to the reported Defect (including during non-Business hours).

Cutover also marks the commencement of the Warranty Period for the Project Software as described in Attachment K.

Task Deliverables
 Cutover of Records Subsystems.

Task Prerequisites
 All prior Tasks are complete.
 The End User Training Period is complete.

Task Assumptions
 The Parties have agreed Cutover can proceed.
 Cutover will take place on the day and time specified in the Cutover Plan.  Hexagon will provide resources on site (one (1) Project Manager and two (2) RMS implementers.)

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Hexagon shall provide technical resource(s) to support Cutover during the week of Cutover.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure availability of trained Users;
 Ensure availability of Core Team during Cutover Activities;  Assume System Administration and management for the System upon Cutover;  Ensure availability of all third-party vendors impacted by the Cutover; 308
City of Ontario, CA
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 Ensure availability of all IT disciplines necessary to immediately address issues as necessary; and
 Ensure availability of member(s) of the training cadre during all shifts.

Task Acceptance Criteria
This Task is complete upon Cutover of the Subsystems.

309
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 66

35. OnCall Records NIBRS Certification
Task Description
This Task defines the services required for NIBRS Validation and Reporting Qualification via OnCall Records.

Task Prerequisites
 Cutover to Production Use Task is complete.

Task Assumptions
 NIBRS validation will utilize production data.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Assist Customer with the NIBRS certification process; and  After certification is achieved, install NIBRS in the Production Environment.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure System Administrator is available to support all tasks.

Task Acceptance Criteria
This Task is complete when NIBRS certification has been achieved.

310
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 67

36. Post-Cutover Support
Task Description
During this Task, Hexagon resources will provide Post-Cutover support to Customer. The “Post-Cutover Support Period” is the ten (10) Business Days beginning the Monday following Cutover. It is designed to provide the Customer with dedicated, quickly accessible support for questions and Defects encountered in the ten (10) Business Days following the Cutover to Production use of the new System.

During this Task, Hexagon resources will be assigned Defects that are filed by the Customer against the new System. Hexagon resources will work to identify and address the Defects reported, understanding the Defects will be triaged based upon their severity during the Post Cutover Support Period. Defects remaining after the Post Cutover Support Period will be addressed by the Help Desk. Defects reported outside of Business Hours will be addressed in accordance with the maintenance provisions of the Agreement.

The Post-Cutover Support Period is not a configuration period. Requests for new configurations that are not related to addressing a Defect will not be supported during this time frame. This is done to ensure the stability of the System delivered and that focus remains on Defects and to minimize the introduction of new opportunities for errors or problems.

Task Deliverables
 Task Completion Form confirming that Post-Cutover Support has been provided in accordance with SOW Post-Cutover Support task description
Task Prerequisites
 System Cutover to Production Use Task is complete.

Task Assumptions
 Post-Cutover Support is provided Monday-Friday during normal Business Hours. Standard after- hours emergency support procedures, defined in the Cutover Plan, remain the same for the duration of this Task.
 Defects will be reported via Hexagon’s designated CRM tool.  The Customer System Administrator remains the primary point of contact and initial troubleshooting point of contact for all issues during this Task.  The Customer System Administrator maintains responsibility for core system administration tasks.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Provide ten (10) Business Days of Post-Cutover support in accordance with this SOW; and  Address Defects within the Post Cutover Support Period.

Customer Team Participation and Responsibilities
Customer shall:
 Ensure Defects are recorded in Hexagon’s CRM tool in a timely manner and in accordance to the mutually agreed upon Project Schedule.
311
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 68
Task Acceptance Criteria
This Task is complete when the Post-Cutover Support Period has expired.

312
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 69

37. OnCall Records Subsystem 30-Calendar Day Reliability Test Task Description
The Reliability Period Task is designed to demonstrate the stability of the Records System immediately following Cutover (“RMS Reliability Period”). During the Reliability Period, the Records System shall operate without a Blocker Defect (P1 or P2) for a total of thirty (30) calendar days. Once the Blocker Defect is resolved (either through configuration, reasonable work around, or a programmatic code change), the Customer shall have two (2) business days to test the resolution. Once a Blocker Defect is logged and validated the RMS Reliability Period shall and resume at a prescribed point in time. The first fifteen (15) days of the Reliability Period is regarded as Phase 1 and the second fifteen days (days 16-30) are regarded as Phase 2 of the Reliability Period. Once the System has operated for fifteen (15) consecutive days without a valid Blocker Defect, then Phase 1 of the Reliability Period is complete and Phase 2 of the Reliability Period shall commence and conclude once it has operated from Day 16 to Day 30 without a valid Blocker Defect. If a valid Blocker Defect is logged during Phase 1, then once the Blocker Defect is resolved, the Reliability Period will resume at the first day of Phase 1 of the Reliability Period (i.e. day 1). If a valid Blocker Defect is logged during Phase 2, then once the Blocker Defect is resolved, the Reliability Period will resume at the first day of Phase 2 of the Reliability Period (i.e. day 16).

Requests for new configurations not related to addressing a Blocker Defect cannot be supported during this time frame. Similarly, the Customer shall refrain from making any configuration changes until the RMS Reliability Period is complete.

Task Deliverables
 Customer support for problems, questions, or errors
Task Prerequisites
 Cutover to Production Use Task is complete.

Task Assumptions
 Support is provided Monday through Friday during normal business hours. Standard after-hours emergency support procedures remain the same for the duration of this Task.  Blocker Defects will be reported via the Help Desk Portal.

Hexagon Team Participation and Responsibilities
Hexagon shall:
 Coordinate addressing post-live Blocker Defects with the Customer; and  Resolve valid Blocker Defects.

Customer Team Participation and Responsibilities
Customer shall:
 Use and monitor the OnCall Records System in a production environment;  Maintain a log of problems found;
 Contact Hexagon personnel in a timely manner in the event of system problems or failures; and  Begin system monitoring in support of the Extended Warranty period.

Task Acceptance Criteria
This Task is complete after the OnCall Records System completes the RMS Reliability Period.

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Attachment A – Pricing Summary
Hexagon OnCall Records Total
OnCall Records Software $777,852
OnCall Records Project Services $739,870
OnCall Records Interfaces $362,966
Third Party:

White Box Archive Report Tool (ART) $38,488
Kemp Load Balancer $32,090
Other:

Anti-Bias Reporting $41,684
30 Day Reliability Support $20,184
Test Plan Workshop $25,820
Mobile Field Reporting Train the Trainer $46,362
OnCall Records Train the User $46,362
Base System Total Software and Services $2,131,678
Initial Recurring Maintenance/Extended Warranty - Year 2 $257,046 Total Order 11 Value (including Initial Recurring Maintenance) $2,388,724 Annual Recurring Maintenance Fee – Year 3 (Order 12) $269,899 Annual Recurring Maintenance Fee – Year 4 (Order 13) $283,394 Annual Recurring Maintenance Fee – Year 5 (Order 14) $297,563 Total 5 Year Cost $3,239,580

*Total Order 11 Value Price includes 12 months of extended warranty which begins at sub-system cutover of OnCall Records
Pricing Assumptions:
 This offer is contingent upon the execution of Amendment 1 to the Agreement. 314
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Statement of Work 71
 This offer is valid until September 27, 2024.
 Pricing for base software licensing is based on the information provided by the Customer and the Hexagon concurrent licensing model. Please see the included Bill of Materials for license counts.  Based on the request for a 5-year period of the contract, Hexagon pricing assumes Year 1 to be the implementation period, Year 2 as the Extended Warranty (1st year maintenance) period beginning at Cutover, and Years 3-5 as the following 3 years of recurring maintenance.  Software licenses for Backup and Test Environments are included at no additional cost.  Project Services included in this SOW are inclusive of project management, implementation, interface installation, training services, and related travel.  To meet state-specific requirements, Hexagon has included our standalone Anti-bias Reporting Application included in the base price that connects to I/CAD.  The third-party Kemp Load Balancer products procured by Hexagon are provided with a pre-paid 5-year pass-through warranty from the original manufacturer. The warranty commences on the date the product is shipped to the customer.
 Third parties included in the one-time project fee include support/maintenance; some start at cutover and others upon shipment. All have been included in the pricing appropriately.  Hexagon has partnered with subcontractor Whitebox to convert legacy RMS data into a SQL Server format (data warehouse) and provided an interface for queries and data lookup to the historical source information. The Archive Report Tool (ART) Application is a solution designed for allowing staff without database or technical programming experience to search for and view historical legacy data.
 Hexagon has included optional years of annual system maintenance at 5% increase year over year.
 All workstation and server hardware, operating system software, and database software licenses as defined in the configuration diagram, SOW Attachment F, are assumed to be customer - furnished.
 Hexagon has provided optional pricing for HxGN OnCall Analytics - Link Analysis that reports business intelligence and analytics in HxGN OnCall Records. It provides records customers a method of analysis used to evaluate relationships between objects, relationship types and attributes. This cost represents the software only and does not include the required installation services. These services can be quoted at the time this option is selected.  The pricing in the above tables is exclusive of any applicable sales/use tax. Any applicable tax will be added to the pricing above at time of invoicing.

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Statement of Work 72
Bill of Materials

DESCRIPTION QUANTITY
Hexagon OnCall Records Software:

HxGN OnCall Records - Concurrent User License 150
HxGN OnCall Records - Concurrent User License - BCK 150 HxGN OnCall Records - Concurrent User License - TST 150 HxGN OnCall Records-NIBRS Report & Validate -CA 1
HxGN OnCall Records-NIBRS Report & Validate -CA - BCK 1 HxGN OnCall Records - Mobile Field Reporting 75
HxGN OnCall Records - Mobile Field Reporting - BCK 75
HxGN OnCall Records - Mobile Field Reporting - TST 75
HxGN OnCall Analytics - Records Essentials NL 4 Core 1
Coplogic Records Xalt Interface 1
Coplogic Records Xalt Interface - Backup 1
Xalt - Integration Runtime Engine NL - Additional License 1 Xalt - Integration Runtime Engine NL - Additional License - BCK 1 Xalt - Integration Runtime Engine NL - Additional License - TST 1 Clevest Enterprise Mobility Platform - Platinum 1
Custom Interfaces:

RMS Interface to CLETS (Query) 1
RMS Interface to DataWorks 1
RMS Interface to CrossRoads 1
RMS Interface to FileOnQ 1
RMS Vendor Views for Coplink 1
RMS Interface to LiveScan 1
RMS Interface to SWITRS 1
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DESCRIPTION QUANTITY
RMS Interface to LexisNexis AVCC 1
RMS Interface to Evidence.com 1
RMS Interface to Data Ticket 1
RMS Interface to DA Portal - San Bernardino DA 1
RMS Interface to Phoenix Group 1
Third Party:

Whitebox Archive Reporting Tool (ART) 1
Kemp Load Balancer VLM-3000 (includes 5 years prepaid support) 3 Other:

Anti-Bias Reporting 1
Anti-Bias Reporting - Backup 1
Option
HxGN OnCall Analytics - Link Analysis 4

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City of Ontario, CA
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Statement of Work 74
Attachment B – Payment Schedule

Milestone Payment Schedule
MS (#) Milestone Deliverable MS (%) MS ($)
1 Upon Completion of Task 1: Project Kickoff Meeting 10.00% $238,872 2 Upon Completion of Task 7: Virtual Servers and OnCall Software Staging 10.00% $238,872
3 Upon Completion of Task 11: OnCall Records System
Configuration Workshop 1 15.00% $358,309
4 Upon Completion of Task 13: OnCall Records System
Configuration Workshop 2 15.00% $358,309
5 Upon Completion of Task 15: OnCall Records System
Configuration Workshop 3 15.00% $358,309
6 Upon Completion of Task 17: OnCall Records Mobile Field Reporting (MFR) System Configuration Workshop 10.00% $238,872 7 Upon Completion of Task 30: Customer Functional Testing 10.00% $238,872 8 Upon Completion of Task 35: Cutover to Production Use 10.00% $238,872 9 Upon Completion of Task 38: 30 Day Reliability Period 5.00% $119,440 Total 100.00% $2,388,724

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Statement of Work 75
Attachment C – Initial Project Schedule

Task Name Duration Business Days
Since Start
City of Ontario, CA RMS Sample Project Plan 372 days 0 days Planning Phase 93.88 days 0 days
Project Kickoff Meeting 7 days 20 days
OnCall Records Business Process Analysis (BPA)
Workshop 8 days 32 days
Custom Interface Requirements Gathering 53.5 days 27 days OnCall Records Custom Interface Requirements
Gathering (ICDs) 53.5 days 27 days
RMS Interface to CLETS (Query) 18.13 days 27 days
Customer reviews ICD 10 days 31.88 days
Customer approves ICD 3 days 42.13 days
RMS Interface to DataWorks 15.13 days 31.88 days
Customer reviews ICD 10 days 33.75 days
Customer approves ICD 3 days 44 days
RMS Interface to CrossRoads 21.13 days 33.75 days
Customer reviews ICD 10 days 41.38 days
Customer approves ICD 3 days 51.88 days
RMS Interface to FileonQ 22.13 days 41.38 days
Customer reviews ICD 10 days 50 days
Customer approves ICD 3 days 60.5 days
RMS Interface to LiveScan 16.13 days 50 days
Customer reviews ICD 10 days 52.88 days
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Statement of Work 76
Customer approves ICD 3 days 63.13 days
RMS Interface to DA Portal - San Bernardino DA 17.13 days 52.88 days Customer reviews ICD 10 days 56.75 days
Customer approves ICD 3 days 67 days
RMS Interface to SWITRS 17.13 days 56.75 days
Customer reviews ICD 10 days 60.63 days
Customer approves ICD 3 days 70.88 days
RMS Interface to Evidence.com 16.13 days 60.63 days
Customer reviews ICD 10 days 63.5 days
Customer approves ICD 3 days 73.75 days
RMS Interface to Data Ticket 15.13 days 63.5 days
Customer reviews ICD 10 days 65.38 days
Customer approves ICD 3 days 75.63 days
RMS Interface to Phoenix Group 15.13 days 65.38 days
Customer reviews ICD 10 days 67.25 days
Customer approves ICD 3 days 77.5 days
Custom Interface Development 48.75 days 45.13 days
OnCall Records Custom Interface Development 48.75 days 45.13 days RMS Interface to CLETS (Query) 16.88 days 45.13 days
RMS Interface to DataWorks 2.5 days 47 days
RMS Interface to CrossRoads 5 days 54.88 days
RMS Interface to FileonQ 5 days 63.5 days
RMS Interface to LiveScan 5 days 66.13 days
RMS Interface to DA Portal - San Bernardino DA 6.5 days 70 days 320
City of Ontario, CA
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Statement of Work 77
RMS Interface to SWITRS 20 days 73.88 days
RMS Interface to Evidence.com 5 days 76.75 days
RMS Interface to Data Ticket 4 days 78.63 days
RMS Interface to Phoenix Group 4 days 80.5 days
Load Balancer Equipment Ordering 0.25 days 27 days
Staging Phase 62.39 days 0 days
Physical Infrastructure Installation 1 day 40.25 days
Virtual Server and OnCall Software Staging 62.39 days 0 days OnCall Records Link to I/CAD 1 day 0 days
OnCall Records Address Server Mapping Configuration 8.5 days 1 day Configuration Phase 173 days 50 days
OnCall Records Fundamentals for Core Team 10 days 50 days OnCall Records Fundamentals for Core Team 4 days 56 days OnCall Records System Configuration Workshop 1 13 days 70 days OnCall Records Configuration Workshop 1 4 days 74 days Customer configures OnCall Records 5 days 78 days
OnCall Records System Configuration Workshop 1
Follow-up Session 5 days 83 days
OnCall Records System Configuration Workshop 2 14 days 98 days OnCall Records Configuration Workshop 2 4 days 103 days Customer configures OnCall Records 5 days 107 days
OnCall Records System Configuration Workshop 2
Follow-up Session 5 days 112 days
OnCall Records System Configuration Workshop 3 15 days 127 days OnCall Records Configuration Workshop 3 4 days 133 days Customer configures OnCall Records 5 days 137 days
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Statement of Work 78
OnCall Records System Configuration Workshop 3
Follow-up Session 5 days 147 days
OnCall Records | Mobile Field Reporting (MFR) System
Configuration Workshop 15 days 157 days
OnCall Records | Mobile Field Reporting (MFR) System
Configuration Workshop 4 days 163 days
Customer configures OnCall Records 5 days 167 days
OnCall Records | Mobile Field Reporting (MFR) System
Configuration Workshop Follow-up Session 5 days 177 days OnCall Records State NIBRS Validation Installation 2 days 152 days OnCall Records State NIBRS Validation Review 1 day 154 days OnCall Records State NIBRS Reporting Installation 2 days 155 days State NIBRS Report Generation Training 4 days 157 days
OnCall Records COTS Reports Review 4 days 152 days
OnCall Analytics - Records Configuration 5 days 152 days Custom Interface Product Installation and Configuration 17.5 days 88 days OnCall Records Custom Interfaces 17.5 days 88 days
RMS Interface to CLETS (Query) 7.5 days 88 days
RMS Interface to DataWorks 3 days 95.5 days
RMS Interface to CrossRoads 2 days 98.5 days
RMS Interface to FileonQ 3 days 100.5 days
RMS Interface to LiveScan 2 days 103.5 days
RMS Interface to DA Portal - San Bernardino DA 3 days 88 days RMS Interface to SWITRS 2 days 93.88 days
RMS Interface to Evidence.com 2 days 88 days
RMS Interface to Data Ticket 2 days 88 days
RMS Interface to Phoenix Group 3 days 88 days
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City of Ontario, CA
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Statement of Work 79
Standard Interface Product Installation and Configuration 3 days 152 days CopLogic Records Xalt Interface 3 days 152 days
California Anti-Bias Reporting Tool 71 days 91 days
Vendor Views 2 days 91 days
RMS Vendor Views for CopLink 2 days 91 days
RMS Interface to LexisNexis AVCC 2 days 91 days
Testing Phase 188 days 105 days
Test Plan Creation Workshop 5 days 105 days
Test Plan Creation Workshop 3 days 107 days
Test Plan and Test Cases Development - OnCall Records 0 days 105 days Customer Functional Testing - OnCall Records 60 days 233 days Customer Functional Testing 10 days 233 days
Customer Provides Blocker Error Report 15 days 243 days Customer Executes Test Plan Post Blocker Error Resolution 15 days 278 days Training Phase 139 days 187 days
Hexagon-Led Training 118 days 187 days
OnCall Records Train-the-Trainer 12 days 293 days
OnCall Records Train-The-User Session 1 4 days 296 days OnCall Records Train-The-User Session 2 1 day 304 days
OnCall Analytics|Admin and User Training 7 days 293 days OnCall Mobile Field Reporting (MFR) TTT 16 days 187 days OnCall Mobile Field Reporting Train the Trainer 4 days 189 days OnCall Mobile Field Reporting Train the Trainer-
Session 2 4 days 194 days
OnCall Mobile Field Reporting Train the Trainer-
Session 3 4 days 199 days
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Statement of Work 80
Customer-Led End User Training (30 calendar days) 21 days 305 days Test Environment Creation 6 days 293 days
Cutover Phase 46 days 326 days
Cutover Plan 11.63 days 326 days
Hexagon Delivers Draft Cutover Plan 0.13 days 327 days
Customer Reviews and Approves Cutover Plan 10 days 327.13 days System Readiness Review 1 day 337.63 days
Cutover to Production Use 6 days 345 days
OnCall Records NIBRS Certification 7.5 days 351 days
Post Cutover Support Week 1 5 days 351 days
Post Cutover Support Week 2 5 days 356 days
30 Day Reliability 21 days 351 days

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Attachment D – Training Curriculum
HxGN OnCall Records Train-the-Trainer (Qty: 1)
This course provides training for the agency-designated trainers. All modules will be reviewed and related to each department in the agency such as Records, Patrol, Investigations, Evidence, and other departments. The users review the modules, searching capabilities, reporting, and other features in OnCall Records.

MAJOR TOPICS
 Navigating in OnCall Records
 Understanding the OnCall Records tabs:

Home, Reports, Search, Master Indices,
Investigations, Court, Jail Management,
Traffic, Evidence Management,
Department, and Other Info
 Understanding the Master Indices (Master
Name, Master Vehicle, Master Location)
 Reviewing the OnCall Records Modules
 Understanding the Master Indices (Master
Name, Master Vehicle, Master Location

 Linking data
 Configuring alerts
 Exporting search results
 Setting alerts
 Understanding workflow
 Combining Master Index records
 Using canned and Report Server reports
 Using the Record Properties menu
 Using the Records Linked menu

PREREQUISITES
 Introduction to Windows course or equivalent knowledge and familiarity with the Windows user interface
 Understanding of basic Public Safety terminology
 Knowledge of agency business processes
 Agency modules to be used have been identified
 OnCall Records configuration complete
 OnCall Records Acceptance Testing complete

TRAINING DETAILS
Method Conducted on site by Hexagon Personnel
Target Audience Agency trainers or end users
Duration Four (4) Business Days
Student Capacity Twelve (12), with a maximum of one (1) student per workstation

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HxGN OnCall Records Train-the-User (Qty: 2)
This course provides training for the agency-designated users. All modules will be reviewed and related to each department in the agency such as Records, Patrol, Investigations, Evidence, and other departments. The users review the modules, searching capabilities, reporting, and other features in OnCall Records.

MAJOR TOPICS
 Navigating in OnCall Records
 Understanding the OnCall Records tabs:

TRAINING DETAILS
Method Conducted on site by Hexagon Personnel
Target Audience Agency end users
Duration Four (4) Business Days
Student Capacity Twelve (12), with a maximum of one (1) student per workstation

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HxGN OnCall Records | Mobile Field Reporting Train-the-Trainer (Qty: 3) The MFR Train-the-Trainer course is designed to teach agency trainers to enter, save, and submit reports to workflow using the MFR forms. It teaches trainers how to take advantage of RMS query capabilities. The course will also teach supervisors to access reports for review, enter comments on reports, and approve/reject reports.

Students will learn how to use the RMS to search for and display data entered via the MFR.

MAJOR TOPICS
 Navigating in MFR
 Understanding the integration between MFR
and OnCall Records
 User groups and roles
 Working in disconnected and connected mode
 Entering new reports
 Form commands
 Searching CAD for Calls for Service and
Incidents
 Submitting Name and Vehicle searches
 Using form validation features and tools
 Entering supervisor review comments
 Using the Workflow
 Understanding required fields
 Importing data from MFR to the OnCall
Records
 Training on the MFR forms
 Navigating in OnCall Records
 Searching in OnCall Records

PREREQUISITES
 Knowledge of agency report entry and understanding the approval business processes  Completion of all MFR forms customization
 MFR users and permissions configured

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Statement of Work 84
HxGN OnCall Analytics | Records User Training (Qty: 1)

COURSE OVERVIEW
HxGN OnCall Analytics | Records offers the ability to perform reporting and analysis from a data warehouse containing data from databases, as well as provide capabilities for the user to view and modify reports and conduct ad-hoc queries from the data warehouse.

This course is designed to familiarize the end user with HxGN OnCall Analytics | Records. It will provide instruction on accessing, viewing, and creating reports from the OnCall Analytics Report portal.

It will also provide an overview of the delivered reports and data models. The delivered report provides out-of-the box access to key performance metrics while the data models provide an easy and powerful way for users to ask their own questions of the data and create new reports.

TARGET AUDIENCE
Personnel responsible for reporting and analysis (Report Builders, Report Consumers, and System Admins)

MAJOR TOPICS
OnCall Analytics Report Portal
 Introduction
 Overview and Navigation
Delivered Reports and Data Models
 Overview of delivered reports
 Overview of analytical data
models
 Overview of live data models
Creating and Modifying Reports:
 Add Visualizations
 Filtering Visualizations
 Formatting Visualizations
 Pages – Size and Alignment
 Interacting and Sharing
Power Visuals
 Creating pin, cluster and heatmaps
 Playback data over time

PREREQUISITES
 Familiarity with Windows-based applications
 Familiarity with agency workflows

COURSE DETAILS
Course Duration Two (2) days
Course Type Conducted on site by Hexagon Personnel
Student Capacity Ten (10)

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HxGN OnCall Analytics | Records System Administrator Training (Qty: 1)

COURSE OVERVIEW
This System Administrator Training course is designed for System Administrators, to provide instructions on the setup, site-specific configurations, and administrative tasks needed to maintain the HxGN OnCall Analytics Records Solution.

TARGET AUDIENCE
System Administrators

MAJOR TOPICS
 Introduction
 Site specific Configuration
 User and Group Management
 Data Security

PREREQUISITES
 Familiarity with Microsoft Windows-based applications, administrative tasks, and agency workflows  Familiarity with RMS configuration

COURSE DETAILS
Course Duration One (1) Day
Course Type Conducted on site by Hexagon Personnel
Student Capacity Four (4)

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Attachment E – OnCall Records Specifications

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HxGN OnCall® Records
System Requirements

Release date: 5/13/2022
Release version: 10.0
Release type: On-premises
Released by: Hexagon Global Technology Center
Release method: Hexagon Global Software Delivery Process

Warning: The product made the subject of this documentation, including the computer program, icons, graphical symbols, file f ormats, audio-visual displays and documentation (including this documentation) (collectively, the “Subject Product”) may be used only as permitted under the applicable software license agreement, and subject to all limitations and terms applicable to use of the Subject Product therein. The Subject Product contains confidential and proprietary information of Intergraph Corporation, a member of the Hexagon Group of companies (“Hexagon”), its affiliates, and/or third parties. As such, the Subject Product is protected by p atent, trademark, copyright and/or trade secret law and may not be transferred, assigned, provided, or otherwise made available to any third party in violation of applicable terms and conditions cited further below.

Terms of Use
By installing, copying, downloading, accessing, viewing, or otherwise using the Subject Product, you agree to be bound by the terms of the EULA found here
(https://www.hexagonsafetyinfrastructure.com/-/media/Legal/Hexagon/SI/Licenses/EULA_SA_SIG -Eng_062021.pdf).

Disclaimers
Hexagon and its suppliers believe the information in this publication is accurate as of its publication date. Hexagon is not responsible for any error that may appear in this document. The information and the software discussed in this document are subject to change without notice.

Language Translation Disclaimer: The official version of the documentation is in English. Any translation of this document i nto a language other than English is not an official version and has been provided for convenience only. Some portions of a translation may have been created using machine translation. Any translation is provided "as is.” Any discrepancies or differences occurring in a translation versus the official English version are not binding and have no legal effect for compliance or enforcement purposes.

Hexagon disclaims any and all warranties, whether express or implied, as to the accuracy of any translation.

Reasonable efforts have been made to provide an accurate translation; however, no translation, whether automated or provided by human translators is perfect. If any questions arise related to the accuracy of the information contained in a translated ver sion of documentation, please refer to its official English version. Additionally, some text, graphics, PDF documents, and/or other accompanying material may not have been translated.

Links to Third Party Websites
This document may provide links to third party websites for your convenience and information. Third party websites will be governed by their own terms and conditions. Hexagon does not endorse companies or products to which it links.

Third party websites are owned and operated by independent parties over which Hexagon has no control. Hexagon shall not have any liability resulting from your use of the third party website. Any link you make to or from the third party website will be at your own risk and any information you share with the third party website will be subject to the terms of the third party website, including those relating to confidentiality, data privacy, and security.

Hexagon provides access to Hexagon international data and, therefore, may contain references or cross references to Hexagon products, programs and services that are not announced in your country. These references do not imply that Hexagon intends to announce such products, programs or services in your country.

Trademarks
"Hexagon,” “Hexagon Safety & Infrastructure,” “Intergraph,” the Hexagon logo, and the Intergraph logo are registered trademarks of Hexagon AB or its subsidiaries.

Other brands and product names are trademarks of their respective owners.

Revisions
Hexagon reserves the right to revise these terms at any time. You are responsible for regularly reviewing these terms. Your continued use of this document after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Contact Us
Contact us (https://www.hexagonsafetyinfrastructure.com/contact -us) with any questions regarding these terms.

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HxGN OnCall® Records
3 Contents
Overview................................ ................................ ................................ ............................... 4 System Requirements ................................ ................................ ................................ .......... 4 Prerequisites ................................ ................................ ................................ .................... 4 Database Server ................................ ................................ ................................ ............... 4 Application Server................................ ................................ ................................ ............. 5 Client Workstations ................................ ................................ ................................ ........... 5

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4 Overview
This document describes the system requirements for HxGN OnCall® Records from Hexagon's Safety, Infrastructure & Geospatial division .

System Requirements
Prerequisites
⚫ Windows Server® 2008 64-bit or later
⚫ Oracle® 12c or SQL Server® 2012 Advanced with Full Text Search enabled or later
⚫ Java Runtime
The Java runtime is required for the components of OnCall Records to run. Oracle no longer provides free public s upport for Oracle Java 8. Future updates will be available only to customers with a paid support agreement with Oracle.

Amazon Corretto 8 is an implementation of OpenJDK 8 that Amazon has committed to support with free updates until March 2023.

OnCall Records supports both Oracle Java 8 and Amazon Corretto 8. ⚫ Apache Tomcat 7 or Tomcat 9 distribution
⚫ Apache ActiveMQ® distribution

Database Server
Minimum Recommended
Processors 6 cores 10 cores
Memory 64 GB 128 GB
Disks—OS 300 GB of space 300 GB of space
Disk—DB/Logs 500 GB 5000 IOPS 1500 GB 15000 IOPS
Network Single 10 Gb Single 10 Gb
Requires Windows Server 64-bit.
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HxGN OnCall® Records
5 Application Server
Minimum Recommended
Processors 6 cores 10 cores
Memory 32 GB 64 GB
Disks—OS 300 GB of space 500 GB of space
Network Single 1 Gb Single 1 Gb
Requires Windows Server 64-bit.

Client Workstations
Processors I5 processor or greater (mininum 4 cores)
Memory 4-8 GB
Internal Disk 50 GB or greater (SSD recommended)
Operating System Windows 10 64-bit or Max OS X
Video Minimum 1920 x 1080 resolution

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City of Ontario, CA
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Statement of Work 87
Attachment F – System Configuration Diagram

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336
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
1 System Overview

TABLE OF CONTENTS
System Overview Page 1 Hardware Specifications Page 2 RMS Architecture Diagram Page 3
OnCall Records Prod Environment Page 4
OnCall Records DR Environment Page 5
OnCall Records Test Environment Page 6
Notes Page 7
Server Numbering Legend
Notation of a, b, and c for servers indicates the following:
a = Production Server
b = Redundant Server
c = Cold Backup Server
This notation indicates which interface servers are serving the same functions within their server group, respectively.

Notation of 1a, 2a, 3a, …, etc., fo r servers indicates that each server is an active production server.

Notation of 1b, 2b, 3b, …, etc., fo r servers indicates that each server is an active redundant server.

RMS PRODUCTION ENVIRONMENT:

Database Server #1, 2 (RMS SQL AlwaysOn Cluster)
Reporting Database Server (RMS SQL AlwaysOn Cluster)
OnCall Records Attachment Server #1
Web Application Server #1, #2 (Load Balanced)
Communications/Interface Server #1a

RMS DR ENVIRONMENT:

Database Server #3 (RMS SQL Always On Cluster)
OnCall Records Attachment Server #2
Communications/Interface Server #1c (Cold Backup)
Web Application Server DR #1, 2 (Load Balanced)

RMS TEST ENVIRONMENT:

Test Database Server
Test Web Application Server
Test Communications/Interface Server
337
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
2 Hardware Specifications
*Kemp Load Balancers are required as part of the base solution; exceptions are not allowed.

Provisioned Required Provisioned Required Provisioned Required 220 88 884 1,061 10 14 18,380
Provisioned Required Provisioned Required Provisioned Required 120 48 506 607 6 8 6,960
*Mobile device VPN Bandwidth minimum requirement 0 Mbps Quantity Make
3* K e m p
8M i c r o s o f t
3M i c r o s o f t
Hexagon recommends Data at Rest Encryption per CJIS Security Policy sect 5.10.1.2.2 Production
Disaster Recovery
Bill of Material
Memory
Memory
Site 1 Totals
vCPUs (3:1) Disk (TB) IOPS
Site 2 Totals
vCPUs (3:1) Disk (TB)
Model
VLM-3000 (Enterprise Plus License)
Description
Load Balancers
Test DatabaseSQL 2022 Developer Edition
SQL 2022 Enterprise Edition w/ SA AAG Database
IOPS
OnCall Records Workstations -
Windows
Recommended Specifications:

Windows 10/11 Professional
Modern Web Browser (Chrome)
CPU:

Quad core (or more) Intel i5, i7 or i9 - 8th
Generation or later
Quad core (or more) AMD Ryzen 5, 7 or 9 -
2000 series or later
No ARM CPU architecture
Memory: 16GB min (32GB recommended)
Storage: 500GB (SSD recommended)
Display: 1920 x 1080 or larger
Networking: 1GbE
OnCall Records Workstations -
Apple
Recommended Specifications:

MacOS
Modern Web Browser (Chrome)
CPU:

Quad core (or more) Intel i5, i7 or i9 or
Apple Silicon M1, M2, M3
Memory: 16GB min (32GB
recommended)
Storage: 500GB (SSD recommended)
Display: 1920 x 1080 or larger
Graphics card: AMD (if Intel architecture);
N/A if Apple Silicon
Networking: 1GbE
OnCall Mobile Field Reporting Mobile
Data Computers
Recommended Specifications:

Windows 10/11 Professional
Modern Web Browser (Chrome)
CPU:

Quad core (or more) Intel i5, i7 or i9 - 8th
Generation or later
Quad core (or more) AMD Ryzen 5, 7 or 9 - 2000
series or later
No ARM CPU architecture
Memory: 16GB min (32GB recommended)
Storage: 500GB (SSD recommended)
Display: 1024 x 768 or higher, touchscreen
recommended
Wired networking: 1GbE
Wireless networking: WiFi, built in or USB 4G LTE
or 5G for cellular connectivity
338
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
3 Disaster Recovery ESX Cluster
Intranet
Internet
Production ESX Cluster (All VMs are running Windows Server)Interface Server Rest API
Load Balancer

DNS GSLB
Decision point
Load Balancer
HTTPS
Web Servers
SQL Server
Primary
SQL Server
Backup
Synchronous
AlwaysOn
SQL Server
Data Warehouse
ETL
Always On Failover Group
HTTPS
Map Service
Mobile Servers
HTTPS
Microsoft Active
Directory
Domain Controllers
Power BI
Server
RMS Users
Mobile Servers
Microsoft Active
Directory
Domain Controllers
HTTPS
Many Virtual
Servers
Live traffic Standby traffic
Many Standby
Virtual Server
VNET
Legend
OnCall Records Architectural Diagram
Web Servers
Raster tile
Reverse
geocode
Routing
Raster tile
Reverse
geocode
Routing
Map Service
Interface Server
Rest API
Virtual
Server
Standby
Virtual Server
339
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
4 RMS Production Environment
Communications/Interface Server #1a
Windows Server
Xalt Runtime Engine
Federal/State NIBRS
Standard Interfaces:

Coplogic Records Xalt Interface
Custom Interfaces:

Dataworks
Crossroads
FileonQ
Livescan
Evidence.com
DA Portal – San Bernardino
SWITRS
Data Ticket
Phoenix Group
RMS Vendor Views:

Coplink
Lexis Nexis AVCC
Informer-Related Interfaces:

NCIC/CLETS
Third Party Product:

Clevest Enterprise Mobility Platform - Platinum
Web Application Server # 2
(Load Balanced)
Windows Server
Microsoft Office
Apache Tomcat (no charge)
HxGN OnCall Records CCU (Qty: 150)

Qty: 2
Database Server #1, 2
Windows Server
Microsoft SQL Server 2022 EE with SA
Intergraph Licensing Server

OnCall Records MS SQL Always On
Cluster
OnCall Records Reporting Database
Server
(Read Only DB Copy)
Windows Server
Microsoft SQL Server 2022 EE with SA

OnCall Records Attachment Server #1
Windows Server
Microsoft Distributed File System (DFS)
(Included with Windows)
OnCall Analytics
Data Warehouse/Platform Server
Windows Server
IIS (included with Windows Server)
Microsoft SQL Server 2022 EE with SA
Visual Studio 2019
SQL Server Data Tools (download)

OnCall Analytics Reporting Server
Windows Server
Microsoft SQL Server 2022 EE with SA
Power BI Report Server (included with SQL EE with SA)
HxGN OnCall Analytics | Records Essentials
HxGN OnCall Analytics | Link Analysis (Qty: 4)

Web Server #1, 2
Windows Server
IIS (included with Windows Server)
MFR Services and RabbitMQ
HxGN OnCall Records | Mobile Field Reporting CCU (Qty: 75)

Qty: 2

340
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
5 RMS Disaster Recovery Environment
Web Application Server DR #2
(Load Balanced)
Windows Server
Microsoft Office
Apache Tomcat (no charge)
HxGN OnCall Records CCU (Qty: 150)
Qty: 2
OnCall Records Database Server #3
Windows Server
Microsoft SQL Server 2022 EE with SA
Intergraph Licensing Server

OnCall Records
MS SQL Always On Cluster
Communications/Interface Server #1c
(Cold Backup)
Windows Server
Xalt Runtime Engine
Federal/State NIBRS
Third Party Product:

Clevest Enterprise Mobility Platform - Platinum
Backup interface licenses are available for all proposed interfaces. However, implementation is subject to
customer’s ability to provide connectivity to the applicable system.

OnCall Records Attachment Server #2
Windows Server
Microsoft Distributed File System (DFS)
(Included with Windows)
Web Server #1, 2
Windows Server
IIS (included with Windows Server)
MFR Services and RabbitMQ
HxGN OnCall Records | Mobile Field Reporting CCU (Qty: 75)

Qty: 2

341
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
6 RMS Test Environment
Test Database Server
Windows Server
Microsoft SQL Server 2022 DE
Test Web Application Server
Windows Server
Microsoft Office
Apache Tomcat (no charge)
HxGN OnCall Records CCU (Qty: 150)
Test Communications/Interface Server
Windows Server
Xalt Runtime Engine
Xalt Developer Engine
Test interface licenses are available for all proposed interfaces.

However, implementation is subject to customer’s ability to provide connectivity to the applicable system.

OnCall Records Test Environment
Test Web Server #1, 2
Windows Server
IIS (included with Windows Server)
MFR Services and RabbitMQ
HxGN OnCall Records | Mobile Field Reporting CCU (Qty: 75)

Qty: 2

342
Color Legend
Black – Base products
Red – Optioned products
Green – Customer-furnished products
City of Ontario, CA
OnCall Records
Hardware & Software Configuration

September 2024
7 Notes
Client Notes:

1. OnCall supports current Chrome, Edge, and Safari browsers.

General Notes:

1. Hexagon assumes that the Local Area Network (LAN), the wide area network (WAN), Active Directory, and Domain Name System (DNS) infrastructure will be provided and staged by the Customer. Each web client connection consumes roughly 2-5 Mbps, so the network between the clients and the web server must have sufficient capacity to handle all concurrent clients. The workstation used to access the website should be on a network with a minimum bandwidth of 100 Mbps or higher.

2. All workstations, PCs, laptops, and specified peripheral hardware provided by the Customer are assumed to meet the specifications delineated on this diagram.

3. Hexagon assumes that the Customer will provide WAN communications, including wireless network communications.

4. Hexagon recommends VMware for virtualized servers and as such that the mirrored databases do not reside on the same physical host server. vSphere Enterprise Plus licensing is encouraged for using Distributed Resource Scheduling (DRS) to allow for affinity rules to keep databases separate and balance the system load during peak utilization. VMware and Microsoft require 10GB Ethernet connectivity for vMotion of SQL Always On Availability Group virtual machines.

5. The hardware specifications provided in this diagram do not account for the capacity that may be required for converted data.

6. This configuration depicts the system designed for automatic failover from the primary site to a secondary site. The capability for automatic failover between sites is dependent upon the Customer’s network having less than 10 millisecond (ms) latency between the servers across sites, including, the latency between all of the DBs in a cluster and the Interface Servers 1a and 1b must be less than 10ms. In the event the Customer is unable to meet this network requirement, then the system should be updated to move automatic failover within the primary site only.

7. This Configuration Diagram illustrates the proposed hardware and software configuration at the time of submission. During implementation, the Hexagon Implementation Team, or a Hexagon subcontractor, may alter this configuration to reflect the negotiated system or alter the location of software to take advantage of efficiencies determined following submission.

8. Non-production interface licenses are available for proposed interfaces. However, implementation is subject to Customer’s ability to provide connection to the applicable system. All third-party external interface connections required for non-production Environments are the responsibility of the Customer and/or third-party vendor(s).

9. The OnCall test environment is sized for functional testing. If the Customer desires to perform load testing in the test environment, then the specifications in this configuration diagram will need to be re- evaluated and adjusted.

10. CCU refers to concurrent client user

11. Hexagon assumes that the customer will provide all client access licenses (CALs) to maintain system compliancy with Microsoft policy. 343
City of Ontario, CA
On-Premise OnCall Records Implementation
Statement of Work 88
Attachment G – RMS/MFR Functional Specifications
Matrix

[following this page]

344
National Public Safety Group
Requirements Evaluation Matrix VENDOR COMPLETING THIS MATRIX:

Population served: 177,963
Current CAD system vendor: CentralSquare (Tiburon)
Current Mobile: CentralSquare (Tiburon)
Current Law RMS: CentralSquare (Tiburon)
Current JMS: DataWorks Plus and Ontario Holding Cell
Number of CAD positions: 11
Annual number of calls dispatched: 370,000
Is this a Primary PSAP?: Yes
Is there a back-up dispatch center?: Yes: Ontario Fire Department Do they have separate call takers and dispatchers?: Yes (typically) Is the Dispatch Center its own government entity?: No: Governed by the Ontario Police Department Do any calls get transferred to other dispatch centers?: Yes: Fire and EMS E-911 vendor: Carousel Industries
Radio system vendor: Motorola
User Counts Answer
Approximate CAD Users: 34
Approximate Mobile Users: 420
Approximate RMS Users: 440
Ontario, CA Police Department Hexagon
Agency Logistics
345
Matrix Submission Instructions
Please respond to each line item requirement by placing an X in the appropriate column to indicate your response Comply: This indicates the proposed solution meets all aspects of the requirement.

Comments: Vendors are encouraged to further explain how their solution satisfies the matrix requirement item.

Does Not Comply: This indicates the proposed solution does not meet the requirement.

Comments field: Vendors are encouraged to explain why their solution does not meet the requirement.

Partially Comply: This indicates the proposed solution meets part of the requirement.

Comments field: Vendors are encouraged to provide details indicating which part of the requirement cannot be met by the proposed solution and how the vendor partially complies (e.g., in conjunction with a third-party solution, "workaround", etc).

Will Comply: This indicates that while the proposed solution does not currently meet the requirement, the vendor will comply with the requirement item.

Comments field: Vendors are encouraged to explain how their solution will comply (e.g., if this is a future development roadmap item - including the approximate date of expected compliance, if it is an item the vendor is willing to develop and provide as a contract deliverable, if the solution can be used in conjunction with a third-party application or "workaround" to achieve full compliance, etc.).

The Excel version of this matrix must be included with your Proposal Submission 346
Item Number Module/Description of Requirement Comply Does not Comply
Partially
Comply
Will
Comply Comments

1.00 The proposed solution must have the ability to require both user identification and password to logon to the reporting application. X

1.01 Support of Multifactor Authentication (MFA) or OKTA integration X

2.00 The proposed solution must have the ability to support a multi-jurisdictional environment. X

3.00 The proposed solution must have the ability for the vendor to develop all agency- specific reports during implementation. X

4.00 The proposed solution must have the ability for the agency to modify vendor- provided reports (e.g., re-name data fields, add data fields, delete data fields, etc.). X

5.00 The proposed solution must have the ability for the agency to create custom reports (e.g., form generator) during or after initial implementation for: -- -- -- --

5.01 System-wide reports X

5.02 Agency-specific reports (within multi-jurisdictional systems) X

6.00 The proposed solution must have the ability to populate report fields with call information captured in CAD. X

7.00 The proposed solution must have the ability to provide query functionality with DMV / NCIC from the field reporting application for persons and vehicles. X

8.00 The proposed solution must have the ability to provide query functionality with RMS from the field reporting application for persons and vehicles. X

9.00 The proposed solution must have the ability to "copy" and "paste" person and vehicle information received from DMV / NCIC and/or from RMS . X

10.00 The proposed solution must have the ability to Interface with, or use GIS for all location/address verification. The system must also allow for using the city's data and Google's address database at the time of data entry.

11.00 The proposed solution must have the ability to incorporate lat/long coordinates from mapping the into field reports. X

12.00 The proposed solution must have the ability to handle multiple reports per CAD call (e.g., incident, case, supplemental reports). X

13.00 The proposed solution must have the ability to update data in the relevant RMS module(s) when the report approval process is completed. X

14.00 The proposed solution must have the ability for administrators to update code tables at their discretion, which mirror the relevant tables in RMS. X

15.00 The proposed solution must have the ability to enter reports either: -- -- -- --

15.01 On a desktop X

15.02 On a mobile device X

15.03 On a tablet or phone X Not designed for phone use.

16.00 The proposed solution must have the ability to support input via: -- -- -- --

16.01 Barcode readers X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

16.02 Card swipe device X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

16.03 Keyboard X

16.04 Touch screen X

16.05 Voice dictation X This is an operating system function, not an MFR function.

System Configuration and Integration
Report Writing (Incident, Case, and Arrest Reports)
347

17.00 The proposed solution must have the ability for multiple users to simultaneously provide input to a single case report once a case report number is assigned. X Via Supplements.

18.00 The proposed solution must have the ability to record location information for: -- -- -- --

18.01 Involved persons X

18.02 Involved call / incident locations X

19.00 The proposed solution must have the ability to validate location information at the time of data entry. X

20.00 The proposed solution must have the ability to indicate unverified locations. X

21.00 The proposed solution must have the ability to record name information for: -- -- -- --

21.01 Suspects X

21.02 Witnesses X

21.03 Victims X

21.04 Other persons X

22.00 The proposed solution must have the ability to support the auto-population of information based on matches from fields within ths RMS master name and vehcile records (e.g., name, social security number, driver's license number, etc.).

23.00 The proposed solution must have the ability to provide users entering a name with a list of potential existing master name records based on a variety of criteria, including: -- -- -- --

23.01 Exact spelling X

23.02 Partial name X

23.03 Soundex or sound-alike functionality X

24.00 The proposed solution must have the ability to provide word processing capabilities on narrative and comment fields, including, but not limited to: -- -- -- --

24.01 Paragraph formatting X

24.02 Use of bullets and numbering X

24.03 Spell check X Via browser.

24.04 Copy and paste X

24.05 Grammar check X

25.00 The proposed solution must have the ability for drop-down lists to incorporate offense codes where applicable. X

26.00 The proposed solution must have the ability to translate offense codes into NIBRS codes. X

27.00 The proposed solution must have the ability for offense codes to include state and local ordinances. X

28.00 The proposed solution must have the ability to support multiple charges per individual. X

29.00 The proposed solution must have the ability to define mandatory fields in data entry screens: -- -- -- --

29.01 By system-wide settings X

29.02 By agency (e.g., one agency chooses to incorporate different mandatory fields than another). X

30.00 The proposed solution must have the ability to visually distinguish between mandatory and optional fields. X

31.00 The proposed solution must have the ability to modify and control the order in which the focus of the fields change when hitting the 'tab' key. X 348

32.00 The proposed solution must have the ability to dynamically change report fields based on previously entered data (e.g., specific crime types require additional or less fields to be populated).

33.00 The proposed solution must have the ability to dynamically change report fields based on previously entered data (e.g., specific crime types require additional or less fields to be populated).

34.00 The proposed solution must have the ability to perform data validation: -- -- -- --

34.01 At time of entry, prior to submission X Accomplished by hitting the validate button on the report.

34.02 At time of submission X

35.00 The proposed solution should have the ability to attach files such as photos and videos to a report. X

36.00 The proposed solution should have the ability to define maximum file sizes for attachments. X

37.00 The proposed solution must have the ability to record information required for NIBRS reporting. X

38.00 The proposed solution must have the ability to record property information from the field. X

39.00 The proposed solution must have the ability to enter an unlimited number of: -- -- -- --

39.01 Persons X

39.02 Property X

39.03 Vehicles X

39.04 Offenses X

40.00 The proposed solution must have the ability to support digital signatures. X

41.00 The proposed solution must have the ability to enter narratives of unlimited length in all report types. X Determined based on database constraints.

42.00 The proposed solution must have the ability to create narrative templates for reports that officers input frequently (e.g., standard language for domestic violence situations).

43.00 The proposed solution must have the ability for voice dictation capability for narratives. X This is an operating system function, not an MFR function.

44.00 The proposed solution must have the ability to link reports (e.g., case report, arrest report, and use of force report). X This is for currently available reports.

45.00 The proposed solution must have the ability to populate data between multiple report forms to eliminate redundant data entry. X

46.00 The proposed solution must have the ability to enter booking data and submit the information to the JMS prior to report finalization. X

47.00 The proposed solution must have the ability to log field interviews / contacts from the field reporting application. X

48.00 The proposed solution must have the ability to automatically query the master name index upon entering a field contact. X

49.00 The proposed solution must have the ability for field interview names to be added to master name records. X

50.00 The proposed solution must have the ability to automatically update master indices upon submittal of a field contact, including but not limited to: -- -- -- --

50.01 Names X

50.02 Vehicles X

50.03 Locations X

51.00 The proposed solution must have the ability to create and maintain field contact records with agency-defined data elements, including but not limited to the following:
-- -- -- --
Field Interviews / Field Contacts
349

51.01 Incident number X

51.02 Date / time of contact X

51.03 Names X

51.04 Determine location via GPS and verification thru GIS X

51.05 Vehicle information X

51.06 Property X

51.07 Weapons X

51.08 Narrative X

52.00 The proposed solution must have the ability to track and associate a field contact record with a case number. X

53.00 The proposed solution must have the ability to record the following information on use of force: -- -- -- --

53.01 Officer name X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.02 Person involved
X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.03 Case number X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.04 Date and time of Incident X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.05 Agency X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.06 Unit number X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.07 Location of incident X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.08 Suspect injuries X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.09 Officer injuries X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.10 Narrative X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.11 Reason force was used X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.12 Type of force (e.g., taser, pepper spray, etc.) X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.13 Medical disposition X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.14 Final field disposition X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.15 Indicate if K9 participated X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

53.16 Indicate if drugs or alcohol were involved X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

54.00 The proposed solution must have the ability for use of force report information to automatically link to a personnel record. X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

55.00 The proposed solution must have the ability to link use of force reports to the original incident report.

X Hexagon has provided a modification to the OnCall Records | Mobile Field Reporting application to meet this requirement.

Use of Force
Supplemental Reports
350

56.00 The proposed solution must have the ability for data entry requirements for supplemental reports to be agency-defined and consistent with the other reports in the system (e.g., incident reports, case reports, etc.).

57.00 The proposed solution must have the ability to add new information to a report after the initial case report has been submitted and approved. X

58.00 The proposed solution must have the ability when writing a supplemental report to view the original incident report. X

59.00 The proposed solution must have the ability to permit users to complete supplemental reports before the original case report is submitted to RMS. X

60.00 The proposed solution must have the ability for multiple officers to simultaneously create and add supplemental reports regarding the same event. X

61.00 The proposed solution must have the ability to link supplemental reports to the original report. X

62.00 The proposed solution must have the ability to populate supplemental reports with information already in related reports. X

63.00 The proposed solution must have the ability for each agency to define the call types and dispositions that require a report to be written. X

64.00 The proposed solution must provide for system administrators to define the report approval process for each agency on the system. X

64.00 The proposed solution must have the ability to provide separate approval process workflows dependent upon report type. X

65.00 The proposed solution must have the ability to ensure that reports are compliant with NIBRS reporting requirements prior to submission. X

66.00 The proposed solution must have the ability to prevent the submission of a report with NIBRS errors. X

67.00 The proposed solution must have the ability to ensure that reports are compliant with agency-defined reporting requirements (e.g., mandatory fields) prior to submission.

68.00 The proposed solution must have the ability to prevent submission of a report with missing information in agency-designated fields. X

69.00 The proposed solution must have the ability to prompt users to which fields require error correction. X

70.00 The proposed solution must have the ability to describe the nature of the correction required. X

71.00 The proposed solution must have the ability to electronically route reports to: -- -- -- --

71.01 Specific personnel (e.g., particular supervisor) X

71.02 Specific shift(s) X

71.03 Role type (e.g., supervisor group as opposed to individual users) X

71.04 Group / special unit (e.g., detective unit) X

72.00 The proposed solution must have the ability for users to electronically submit reports to a report approval queue (e.g., not to specific individual). X

73.00 The proposed solution must have the ability to configure the field reporting application to support agency-specific processes and workflows at the following levels:
-- -- -- --

73.01 System-wide X

73.02 Agency-specific (within multi-jurisdictional systems) X

74.00 The proposed solution must have the ability to determine which type of reports require approval at the following levels: -- -- -- --

74.01 System-wide X
Report Workflow
351

74.02 Agency-specific (within multi-jurisdictional systems) X

75.00 The proposed solution must have the ability to alert supervisors that a report is ready for review via: -- -- -- --

75.01 Email X Hexagon clarifies that this is an OnCall Records workflow.

75.02 Mobile device audible or visual notification X Hexagon clarifies that this is an OnCall Records workflow.

75.03 System message X Hexagon clarifies that this is an OnCall Records workflow.

76.00 The proposed solution must have the ability for users to indicate that a report requires immediate supervisor attention. X

77.00 The proposed solution must have the ability for supervisors to perform the following when logged onto the System: -- -- -- --

77.01 Receive and view reports X

77.02 Review a log of reports requiring approval (e.g., pending report approval queue) X

77.03 Approve a report X

77.04 Reject a report with comments with a reason the report was rejected X

78.00 The proposed solution must have the ability to lock a report from edits following report approval. X

79.00 The proposed solution must have the ability to track the status of reports (e.g., unwritten, incomplete, awaiting approval, approved). X

80.00 The proposed solution must have the ability for RMS personnel to complete an accuracy review for reporting requirement compliance prior to adding a report to the RMS.

X Hexagon clarifies that this is configured within the Approval workflow.

81.00 The proposed solution must have the ability for records personnel to send / reject reports back to supervisors if reports do not comply with agency-specified requirements.

82.00 The proposed solution must have the ability to designate users with the capability to modify submitted reports (e.g., field supervisor / specific RMS personnel). X

83.00 The proposed solution must have the ability to designate what data fields may be modified by individuals that are not the report author. X

84.00 The proposed solution must have the ability to automatically save incomplete reports at the network level so a user can access the report at a later time from a device other than the one used to start the original report.

85.00 The proposed solution must have the ability to save a copy of an active report locally in the event network connectivity is lost. X Reports are cached on the local device if connectivity is lost. A user can not manually save a local copy.

86.00 The proposed solution must have the ability to initiate a report at any time.

87.00 The proposed solution must have the ability to display the following field reporting information upon logon to the field reporting system: -- -- -- --

87.01 Rejected reports X

87.02 Reports not completed X

88.00 The proposed solution must have the ability to notify users of rejected reports. X

89.00 The proposed solution must have the ability to send a rejected report to another user or supervisor when the original author of the report is unavailable. X

90.00 The proposed solution must have the ability to notify users of outstanding reports before logging off of the system. X Report status is viewable at any time.

91.00 The proposed solution must have the ability for supervisors to view which reports have not been completed at the end of the shift. X

92.00 The proposed solution must have the ability for authorized users to view audit trails and workflow so they can access where reports are in the process . X 352

93.00 The proposed solution must have the ability to send confirmation indicating the report upload to RMS was completed successfully. X
152 TOTALS (Sum of numbers in columns C, D, E, F should equal column A 135 13 4 0 Total Items: 152
Total Items Completed: 152
Difference (NO ANSWERS will appear in red): 0
Completion Progress
353
Item Number Module / Description of Requirement Comply Does not Comply
Partially
Comply
Will
Comply Comments

1.00 Crossroads: Traffic citations and reports x Hexagon has included an interface to Crossroad for Citations for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

2.00 FileOnQ / EvidenceOnQ: Currently used for property and evidence x Hexagon has included an interface to FileOnQ for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

3.00 Digital Crime Scene integration x Hexagon clarifies that further information is required from the City in order to provide a bid for this interface. Further discussion is welcome.

4.00 ArmorerLink: Armory management software x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

5.00 Axon Body Worn Cameras
x
Hexagon clarifies that an RMS interface is not needed to support the City's desired functionality within our Records solution. The City will be able to hyperlink a location within a report number from CAD. When the City writes the report, a reference to the video will need to be incorporated which is done via hyperlink.

6.00 Axon Evidence.com
x Hexagon has included an interface to Evidence.com for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

7.00 Crossroads eCitation
x Hexagon has included an interface to Crossroad for Citations for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

8.00 DA Portal:San Bernardino DA (https://portal.sbcda.org/) x Hexagon has included an interface to DA Portal for the City. Further details regarding this interface will be included in a later iteration of the Statement of Work.

9.00 Data Ticket Parking Enforcement x Hexagon has included an interface to Data Ticket for the City. Further details regarding this interface will be included in a later iteration of the Statement of Work.

10.00 LiveScan- Import DL phots to RMS x Hexagon has included an interface to LiveScan for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

11.00 LiveScan - name record x Hexagon has included an interface to LiveScan for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

12.00 LiveScan - transfer booking information x Hexagon has included an interface to LiveScan for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

13.00 LEAPS: Law Enforcement Automated Personnel System (Lexis-Nexis FTO) x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

14.00 CrimeTracer (CopLink): Search engine across multiple agencies x Hexagon has included vendor views for CopLink for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

15.00 CopLogic (LexisNexis) x Hexagon has included an interface to CopLogic for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

16.00 LexisNexis: AVCC x Hexagon has included an interface to LexisNexis AVCC for the City. Further details regarding this interface will be included in a later iteration of the Statement of Work.

17.00 TMS: Traning Management System x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

18.00 Phoenix Group: Parking tickets and alarm billing (one-way push to RMS) x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

19.00 DataWorks: Mugshots x Hexagon has included an interface to DataWorks for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

20.00 CAL-ID: California Identification System x Hexagon clarifies that further information is required from the City in order to provide a bid for this interface. Further discussion is welcome.

21.00 CLETS: California Law Enforcement Telecommunications System (NCIC) x Hexagon has included an RMS interface to CLETS for the City. Please refer to Attachment H - Interface Descriptions of Hexagon's Statement of Work for further details.

22.00 Workday: Employee / HR software x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

23.00 SWITRS: CA Statewide Integrated Traffic Records System x Hexagon has included an interface to SWITRS for the City. Further details regarding this interface will be included in a later iteration of the Statement of Work.

24.00 Ontario PD Data Warehouse (home-grown): Previously converted data x Hexagon clarifies that per discussion with the customer this interface was deemed to be no longer needed. With this, Hexagon has not included a bid for this interface.

25.00 Whitebox x Hexagon clarifies that it has included White Box data conversion and the ART tool for the City's consideration.

RMS interfaces
354

26.00 The ability to interface with an Internal Affairs application (there is no such feature used in the current application at Ontario PD). x Hexagon clarifies that further information is required from the City in order to provide a bid for this interface. Further discussion is welcome.

27.00 Hexagon I/CAD call information to populate the RMS Incidents module x OnCall Records which integrates natively with I/CAD.
27 TOTALS (Sum of numbers in columns C, D, E, F should equal column A 1 8 900 Total Items: 27
Total Items Completed: 27
Difference (NO ANSWERS will appear in red): 0
Completion Progress
355
Item Number Module/Description of Requirement Comply Does not Comply
Partially
Comply
Will
Comply Comments

1.00 The proposed solution must have the ability to access the RMS application from a web browser. X

2.00 The proposed solution must have a system upgrade process with no downtime and include the ability to apply bug fixes and patches without requiring a full upgrade. X

3.00 The proposed solution must have the ability to support the population of fields in RMS from data that was entered in other application components. (e.g., the field reporting application, CAD, etc.), if applicable.

4.00 The proposed vendor must provide 24/7 customer support with predefined Service Level Agreement's (SLA's). X

5.00 The proposed solution must allow the narrative fields in any module to support an unlimited number of characters. X

6.00 The proposed solution must have the ability for all fields In RMS, including the narrative fields to be searchable. X

7.00 The proposed solution must have the ability to provide common word processing capabilities within narrative fields in each module. X

8.00 The proposed solution must have the ability to visually distinguish between required and optional fields in each module. X

9.00 The proposed solution must have the ability to prompt users to complete any required fields that have not been completed. X

10.00 The proposed solution must have the ability to limit available values visible in subsequent code tables based on previously entered data (e.g., crime type). X

11.00 The proposed solution must have the capability for users to generate inquiries to internal and external data sources-such as NCIC from within each relevant module (eg., master names, warrants, property, etc.).

12.00 The proposed solution must provide a full audit log including users that have accessed a particular record, what was accessed or changed (with before and after values), and if it was printed or emailed.

13.00 The proposed solution must automatically format all fields to include the proper input mask when number are typed (e.g., SSN, telephone numbers). X

14.00 The proposed solution must have the ability for users to scan and attach items to all modules with reports that record when items were attached, in order to recognize what can potentially be purged after a defined period of time.

15.00 The proposed solution must have the ability capture digital signatures in any applicable modules. X

16.00 The proposed solution must have the ability for users to enter agency-defined system- wide alerts, with the ability to add free text (e.g., “Person does not like law enforcement”, “Has concealed weapons”, etc.).

17.00 The proposed solution must have the ability to maintain a "Daily Activity Log" for all personnel activity. X

18.00 The proposed solution must have the ability to track special teams activity (and/or a relevant module for special teams). X Special teams can be set up as an agency to separate activity and data.

19.00 The proposed solution must have the ability to track residential and business security checks (and/or a relevant module). X

20.00 The proposed solution must provide for agency-defined security-tiered access to all RMS modules, based on users, groups, and roles. X

21.00 The proposed solution must provide for administrators to define system-wide alert types and conditions such as location radius. X Alerts can be added to any field in the system. It does not currently allow a radius setting for the alert.

22.00 The proposed solution must provide a data dictionary and/or documentation showing the database model/schema to aid in report writing.

23.00 The proposed solution must provide for administratoes to add custom fields to any module, which can be reported upon in standard and ad-hoc reports. X

24.00 The proposed solution must provide for administrators to define fields and field placements (tab orders) within any module, including the ability to specify which fields are required.

25.00 The proposed solution must provide for administrators to define fields and field placements (tab orders) within any module, including the ability to specify which fields are required and which fields are hidden or not used.

X
General Records Management Functionality
System Administration
356

26.00 The proposed solution must provide 99.999% reliab ility / up-time X Hexagon has proposed for the City an on-premise solution that has successfully endured the crucible of the real world. Since Microsoft Windows and SQL are rated to have an up time of 99.99%, Hexagon can only commit its system, which relies on the foundational Microsoft software, will be up

99.99% of the time. Hexagon also clarifies that up time in the context of this and other requirements means the database is able to receive and transmit data.

27.00 The proposed solution must provide the following reports for system administrators: -- -- -- --

27.01 Failed log-ins X
Hexagon clarifies that login attempts and failed logins are tracked. Report authors with permissions can use Power BI Desktop or Report Builder to create reports against an archived copy of the OnCall Records database. Hexagon assumes the report will be created by the City report authors.

27.02 Number of attempts X
Hexagon clarifies that login attempts and failed logins are tracked. Report authors with permissions can use Power BI Desktop or Report Builder to create reports against an archived copy of the OnCall Records database. Hexagon assumes the report will be created by the City report authors.

27.03 Dates and times of attempts X
Hexagon clarifies that login attempts and failed logins are tracked. Report authors with permissions can use Power BI Desktop or Report Builder to create reports against an archived copy of the OnCall Records database. Hexagon assumes the report will be created by the City report authors.

27.04 Machine used X
Hexagon clarifies that login attempts and failed logins are tracked. Report authors with permissions can use Power BI Desktop or Report Builder to create reports against an archived copy of the OnCall Records database. Hexagon assumes the report will be created by the City report authors.

28.00 The proposed solution must have the ability to produce reports on security violations. X

29.00 The proposed solution must include the ability for administrators to define and maintain items within drop-down picklists/validations lists throughout the system. X

30.00 The proposed solution must include the ability for administrators to define associated codes or alternate values for each drop-down picklist item for reporting puprposes (eg., NIBRS, accident/crash, tickets/citations, etc.).

31.00 The proposed solution must include a test/training environment that accurately mirrors the live production environment and provide training and instructions on how to refresh the data and configurations in the test/training environment with data from the production environment.

32.00 The proposed solution must have the ability to access an online help menu X

33.00 The proposed solution must have the ability to provide context-sensitive help that may be accessed from within the application. X

34.00 The proposed solution must have the ability for the agency to edit the text in help files. X

35.00 The proposed solution must have the ability for help files to automatically update at the time of any version/release updates by the vendor. X

36.00 The proposed solution must have the ability to prevent software updates from overriding agency-specific online documentation and help files. X

37.00 The proposed solution must have the ability to search help files by: -- -- -- --

37.01 Keywords X

37.02 Topics X

38.00 The proposed solution must have the ability to perform data validation at the time of data entry and again at the time of submission (e.g., NIBRS, e-Citation, e-Crash). X

39.00 The proposed solution must have the ability for corrected / updated information in a field (e.g., address) to auto-populate across related modules. X

40.00 The proposed solution must have the ability to validate location information against the application's city's GIS and Google's address database at the time of data entry. X The system will use the agency's GIS data, but does not validate against Google.

41.00 The proposed solution must have the ability to indicate unverified locations and allow for users to override, if necessary, and provide a method to audit/track unverified locations in order to verify them and include them in the city's GIS.

X
Quality Control / Data Validation
Application Integration
Online Help Documentation
357

42.00 The proposed solution must have the ability to share master name indices, with photos/mugshots between RMS and JMS, if applicable. X

43.00 The proposed solution must have the ability to transfer basic CAD call information to RMS (e.g., location, call type, all call times, assigned units and personnel, and call disposition). This requires an interface from Hexagon I/CAD.

44.00 The proposed solution must have the ability to transfer CAD data either when a report number is assigned or when the call is closed. X

45.00 The proposed solution must have the ability to allow the CFS data imported into the RMS incident report to be modified, whether or not the CFS has been closed in CAD. X

46.00 The proposed solution must have the ability to maintain the following master indices: -- -- -- --

46.01 Persons X

46.02 Vehicles X

46.03 Locations X

46.04 Organizations (including businesses) X

47.00 The proposed solution must have the ability to automatically query master indices upon entry of information in a new master person, busineess, or vehicle record for identifying potential master index matches (which fields or combinations of fields constitute a match).

48.00 The proposed solution must have the ability to maintain historical information upon entry of new and/or updated information into a master record (previous address, phone, vehicle color, etc.).

49.00 The proposed solution must have the ability to automatically update master indices upon entry of information into the RMS (or transfer from a field report, as defined by the agency).

50.00 The proposed solution must have the ability for users to decide whether to link information to an existing master record or add a new record (e.g., persons and vehicles).

51.00 The proposed solution must have the ability for users to create a new entry if it is determined a master record does not exist. X

52.00 The proposed solution must have the ability to run a report to identify potential duplicate master records. X

53.00 The proposed solution must have the ability to merge duplicate master records based on certain criteria (e.g., persons, businesses, and vehicles) and maintain a history when information changes/is udated (with integration to LexisNexis to assist with this process).

54.00 The proposed solution must have the ability to unmerge master records. X

55.00 The proposed solution must have the ability to search RMS by any data element in a master index. X

56.00 The proposed solution must have the ability to associate files, images, documents etc. to master records. X

57.00 The proposed solution must include the ability to create an alert that monitors activity with the master indices, such as names, businesses, and vehicles, and generate an alert based on records matching the specified criteria.

58.00 The proposed solution must have the ability to link across master indices (e.g., link names or a business to vehicles). X

59.00 The proposed solution must have the ability to record information and descriptions, including, but not limited to: Date of birth, SSN, height, weight, physical charactaristics, scars/marks/tattoos, etc.

60.00 The proposed solution must have the ability view any photos (mugshots, scars/marks/tattoos, etc.) associated with the master name record. X

61.00 The proposed solution must have the ability to view a history of changes within a master name record for updates within data fields (e.g., height, weight, address, phone number).

62.00 The proposed solution must have the ability to provide a matching algorithm that allows users to search names by a variety of criteria, such as sound-alike searching (eg., Peterson vs. Petersen).

63.00 The proposed solution must have the ability to link a name record to any module that utilizes the master name index. X

64.00 The proposed solution must have the ability to link alias names to a master name record and be visible in search returns, with the person's actual name. X Master Name Index
General Master Indices Requirements
358

65.00 The proposed solution must have the ability to view all related records and activities in other modules when querying a master name record. X

66.00 The proposed solution must have the ability to view all related records and activities in other modules when querying a master name record. X

67.00 The proposed solution must have the ability to easily identify an individual as a juvenile by a visual indicator in the name record and in search results (grid lists). X

68.00 The proposed solution must accommodate different security permissions for access to juvenile master name records, distinctly from adult name records. X

69.00 The proposed solution must have the ability to document information about the juvenile including the full name, date of birth, address, contacts (i.e., family) information, physical descriptors, sex, and name of the school they attend.

70.00 The proposed solution must provide for the expungement of juvenile records from the system (eg., when ordered by the court or to comply with a statute). X

71.00 The proposed solution must have the ability to archive juvenile information when the subject reaches the agency-defined "adult" age. X

72.00 The proposed solution must have the ability to track diversion programs or placements in lieu of being charged in court. X This can be done by configuring the code tables and forms as needed.

73.00 The proposed solution must have the ability to record information and descriptions, including, but not limited to: Year, license plate number, make, model, color(s), condition, owner, etc.

74.00 The proposed solution must have the ability to link a master vehicle record with any applicaple RMS module that has vehilce entry/association (eg., incidents, cases, master names, accidents, citations, etc.).

75.00 The proposed solution must have the ability to associate multiple owners with one vehicle. X

76.00 The proposed solution must have the ability to track previous vehicle owners. X

77.00 The proposed solution must have the ability to view all records in other modules associated with (linked to) a vehicle. X

78.00 The proposed solution must have the ability to view all related records when querying a master vehicle record. X

79.00 The proposed solution must provide a master location index providing a means to verify location information throughout RMS based on a specific address, a range of addresses, an area (i.e., as defined in the agency geofile), and/or locations based on latitude/longitude coordinates.

80.00 The proposed solution's Master Location Index must be consistent system-wide, between RMS, CAD, Mobile, system reporting tools, etc., and include integration for premise information/alerts.

81.00 The proposed solution must allow the Master Location Index to store and provide access to additional premise information, such as occupancy, files and documents (e.g., floor plans), and premise type (e.g., residence vs. business).

X Master Location records can store as many attachments as required.

82.00 The proposed solution must have the ability to indicate If a location is within the boundaries of the agency geofile. During the geo-validation process, identification information such as latitude/longitude coordinates and agency-defined reporting areas/map layers must be linked to the location information.

83.00 The proposed solution's Master Business/Organization Index must be consistent system-wide, between RMS, CAD, Mobile, system reporting tools, etc., and include integration for Business/Organiztion information retrieval.

84.00 The proposed solution must have the ability for the agency to define categories (e.g., businesses, schools, shopping centers, etc.). X

85.00 The proposed solution must have the ability to search on a variety of data elements and obtain a listing of all records associated with that business or organization. X

86.00 The proposed solution must have the ability to link a master business or organization record to activity in any module (eg., incident, case, permits, etc..). X

87.00 The proposed solution must have the ability to maintain the business or organization location, owner, contacts/keyholders, and name changes. X Master Vehicle Index
Master Location Index
Master Business / Organization Index
Juvenile Records
359

88.00 The proposed solution must have ability for master business or organization records to permit the linking of aliases to organizations (e.g., M&M Associates, doing business as Joe's Pawn Shop).

89.00 The proposed solution must have the ability to support multiple charges for a person within a single arrest form. X

90.00 The proposed solution must have the ability to add multiple counts of each statute on the arrest form. X

91.00 The proposed solution must have the ability to allow arrests to indicate multiple clearances, as specified for NIBRS reporting and link several cases to one arrest in the instance of multiple clearances.

92.00 The proposed solution must have the ability to allow users to add supplemental arrest narratives to the original case report in the event of an arrest at a later date. X

93.00 The proposed solution must automatically transfer pre-booking information into a jail booking form from RMS or the Mobile / Field Reporting application. X

94.00 The proposed solution must have the ability to create a booking sheet to electronically provide to and print at the Detention Center. X

95.00 The proposed solution must have the ability to record the following information for an arrest, including but not limited to: -- -- -- --

95.01 Arrestee name X

95.02 Mugshot capture X

95.03 DNA capture X

95.04 Arrest date and time X

95.05 Arresting law enforcement personnel X

95.06 Fingerprints/Livescan X

95.07 Case number X

95.08 Incarcerated location X

95.09 Arrest location X

95.10 Court date X

95.11 Charge(s) X

96.00 The proposed solution must have the ability to provide for users to record methods used for subject identification. The process must also record other steps such as the issuing of a Miranda Warning.

97.00 The proposed solution must have the ability to associate arrest records with multiple agencies. X

98.00 The proposed solution must trigger any active warrants based on the master name record when an arrest is saved and allow users the ability to indicate the warrant as served, if the arrest pertains to the active warrant.

99.00 The proposed solution must default the following information from the warrant if linked to the arrest: -- -- -- --

99.01 Charge(s) X

99.02 Date and time served X

99.03 Warrant number X

99.04 Docket number X

99.05 Agency that issued the warrant X
100.00 The proposed solution must have the ab ility to view and print arrest reports. X 101.00 The proposed solution must have the ability to clear and/or affect multiple cases with the arrest of a person. X
102.00 The proposed solution must provide for entering information that complies with local, county, state, and NIBRS reporting requirements. X 103.00 The proposed solution must allow multiple personnel to create and add supplemental reports, linked to the original case report. X 104.00 The proposed solution must provide the ability for a primary personnel to be assigned with the responsibility for completing the report. X 105.00 The proposed solution must allow multiple personnel to provide input to a case report once it is created and a case number is assigned X 106.00 The proposed solution must allow the primary report responsibility assignment to be changed to other personnel during the life of the report X 107.00 The proposed solution must provide for the case report to comply with state and NIBRS reporting standards. X
108.00 The proposed solution must provide for the case report to contain the following: -- -- -- -- Arrests
Case Reports
360
108.01 Offense(s) X
108.02 Persons (including suspects, victims, witnesses, complainants, etc.) X 108.03 Case property X
108.04 Vehicles X
108.05 Case status X
108.06 Assigned personnel X
108.07 Activity assignments to personnel X
108.08 Dispositions X
109.00 The proposed solution must allow for case reports to have free-text narrative fields that allow for entering an unlimited amount of information. X 110.00 The proposed solution must provide the capability to search narratives for specific keywords or phrases. X
111.00 The proposed solution must allow the incident report to be locked to prevent further edits, with exception to authorized personnel. X
112.00 The proposed solution must allow the incident report to be locked to prevent viewing, with exception to authorized personnel. X
113.00 The proposed solution must provide for supervisors to receive, review, approve, and reject case reports. X
114.00 The proposed solution must provide for online supervisor notifications when a report is ready for review. X
115.00 The proposed solution must provide a review function that allows supervisors to indicate any required changes and include supervisor remarks. X 116.00 The proposed solution must provide navigation directly to a field when a NIBRS error is generated, with an explanation of the error provided. X 117.00 The proposed solution must provide validation error messages that can be edited by the agency. X
118.00 The proposed solution must provide agency-defined case report routing (e.g., agency policy dictates the destination(s) of reports). X
119.00 The proposed solution must have the ability to associate an unlimited number of property/evidence items to a case. X
120.00 The proposed solution must support importing and storing any attachment types (any types that are supported by MS Windows). X
121.00 The proposed solution must allow an authorized user to change the the case number, if entered incorrectly. X
122.00 The proposed solution must contain the CAD call for service and incident response record in the RMS and allow it to be linked to the case . X 123.00
The proposed solution must have the ability to allow authorized users to build unlimited case report output (print) templates, such as an internal report, a media report, etc., and for users to specify which data is printed for each template.

X
124.00 The proposed solution must include a case management feature to track all cases assigned to personnel. X
125.00 The proposed solution must allow supervisors to view and generate a dashboard view of unassigned cases. X
126.00 The proposed solution must allow supervisors to assign case responsibility to a primary investigator or other personnel, as desired. X
127.00 The proposed solution must have the ability for the system to identify the "next due" investigator when assigning cases, based on agency-defined criteria (case load, etc.). X 128.00 The proposed solution must have the ability to assign cases based on a specialty area (or bureau) of investigation. X
129.00 The proposed solution must have the ab ility to assign multiple investigators to a case. X 130.00 The proposed solution must have the ability to assign review dates with an investigation assignment. X
131.00 The proposed solution must have the ability to distinguish roles for investigators (e.g. primary, secondary, etc.). X
132.00 The proposed solution must have the ability for investigators to receive an electronic notification and/or email that they have been assigned a new case. X 133.00 The proposed solution must have the ability for supervisors to reassign cases to different personnel. X
134.00 The proposed solution must have the ability for supervisors to electronically notify investigators of case reassignments. X
Case Assignment / Case Management
361
135.00 The proposed solution must allow leads assi gned to individuals to be displayed on their user dashboards. X
136.00 The proposed solution must allow for a court disposition (per person arrested and per charge) to be documented in the case record as the court case is completed. X 137.00 The proposed solution must support the ability to reopen a case, if necessary, based on new evidence. X
138.00
The proposed solution must allow supervisors to view workload information, assess all requests for new investigations, receive deadlines and reminders, and interact with investigators electronically.

X
139.00 The proposed solution must provide for Case Assignment / Case Management dashboards that can be user-configured for desired views. X 140.00
The proposed solution must document investigation activities, including collecting evidence, developing leads, conducting interviews, requesting warrants, and writing supplemental reports.

X
141.00 The proposed solution must allow authorized investigators to assign tasks to others. X 142.00 The proposed solution must be capable of monitoring and tracking at both the case and task levels, with due dates. X
143.00 The proposed solution must provide for the use of solvability factors that are agency- defined. X
144.00 The proposed solution must provide narrative formatting features (e.g., similar to a word processing application). X
145.00 The proposed solution must have the ability to link or associate additional case numbers. X
146.00
The proposed solution must provide case management functions including, but not limited to: Capturing and storing investigation data, adding evidence, requesting a warrant, conducting interviews and photo lineups, and producing supplemental reports, etc.

X
147.00 The proposed solution must allow investigators to initiate criminal charges and obtain and execute search and arrest warrants. X
148.00 The proposed solution must allow each agency to define specific activities, including a time allocation for each activity, and generate alerts to agency-defined recipients. X 149.00 The proposed solution must have the ability for users to electronically send case report updates to agency-defined recipients. X
150.00
The proposed solution must have the ability for case reports to be automatically sent to a supervisor based on agency-defined business rules (e.g., crime type, last follow- up, age of case, etc.).

X
151.00 The proposed solution must ability for the system to link all associated reports (e.g., incident report, supplemental reports, etc.). X
152.00 The proposed solution must have the ab ility to establish case priority levels. X 153.00 The proposed solution must have the ability to establish case management workflow based on agency-defined business rules. X
154.00 The proposed solution must have the ability to limit security access to case information at the following levels: -- -- -- --
154.01 Case level X
154.02 Field level X
154.03 Case document level X
155.00 The proposed solution must have the ability to limit any case modifications by security level(s). X
156.00 The proposed solution must have the ability to provide an audit trail of user access to a case record. X
157.00 The proposed solution must have the ability for supervisors to monitor all case activity. X
158.00 The proposed solution must have the ability to visually distinguish by case status (e.g., by color, font, underline, or other indicator). X Status values are displayed. 159.00 The proposed solution must have the ability to visually distinguish by case priority (e.g., by color, font, underline, or other indicator). X Case priority can be added to the default view if desired. 160.00 The proposed solution must have the ability to produce a list of cases pending or past due. X
161.00 The proposed solution must have the ab ility to include a workflow chart. X 162.00
The proposed solution must have the ability to create an alert to determine when an additional action or task is due (e.g., supplement report is due within 30 days of assignment).

X
163.00 The proposed solution must have the ability to provide dedicated fields to track court case dispositions. X
362
164.00 The proposed solution must have the ability to generate a "face sheet" that includes agency-defined data fields (such as for the District Attorney's office). X 165.00 The proposed solution must have the ability to query the mugshot data for lineups by: -- -- -- --
165.01 Name X
165.02 Age or age range X
165.03 Gender X
165.04 Race X
165.05 Hair color X
165.06 Eye color X
165.07 Height or height range X
165.08 Weight or weight range X
165.09 Scars, marks, tattoos X SMT are searchable throughout the entire system. 165.10 Physical characteristics X
165.11 Date of birth or date of birth range X
165.12 Modus Operandi (M.O.) X
166.00 The proposed solution must have the ability to generate a lineup based on any physical characteristic. X
Lineup search is a set subset of values. They include: Gender, Race, Ethnicity, Build, Complexion, Glasses, Height, Eye Color, Hair, Facial Hair, Weight range, and Age range.
167.00
The proposed solution must have the ability to query lineups by any information associated with an individual, regardless if it is a physical characteristic (eg., search on employer).

X The user has the ability to use the standard master name search to find lineups.

Employer search is not directly supported.
168.00 The proposed solution must have the ability to select multiple mugshot photos to create a lineup.

X
169.00 The proposed solution must have the ab ility to drag and drop photos into a lineup. X 170.00 The proposed solution must have the ability to determine the number of photos to be presented in a lineup. X
171.00 The proposed solution must have the ab ility to replace a photo in a lineup. X 172.00 The proposed solution must have the ability to pre-select a person for inclusion in a photo lineup. X
173.00 The proposed solution must have the ability for users to select which photo to use if a person has multiple photos on file within their master name record. X 174.00 The proposed solution must have the ability to view demographic information on a person within the lineup. X
175.00
The proposed solution must have the ability to select whether to print the name and other agency-defined information (law enforcement copy) or to exclude agency- defined information (witness copy).

X
176.00 The proposed solution must have the ability for the system to randomly assign suspect position(s) / location(s) within the lineup. X
177.00 The proposed solution must have the ability to prevent juvenile photos from being displayed in adult photo lineups. X
178.00 The proposed solution must have the ab ility to save lineups and attach to a case. X 179.00 The proposed solution must have the ab ility to print lineups. X 180.00 The proposed solution must have the ab ility to export lineups (e.g., to email). X 181.00 The proposed solution must have the ability to save line-ups to alternative media (e.g., thumb drive or other device). X This can be turned into pdf that can be exported. This is not an automatic feature at this time.
182.00 The proposed solution must have the ability to electronically redact information from a case report.

X
183.00
The proposed solution must provide the ability for users to select which data elements will be redacted, prior to printing a report or making it available by electronic means.

X Print templates can be made with redaction capabilities. Users are not able to pick specific fields to redact at this time.
184.00 The proposed solution must provide the ability to print or publish a full version and any redacted versions of a case report.

X
185.00
The proposed solution must allow for related master names to be indicated and viewed as "RESTRICTED" (or similar term) and be viewed or printed as such if the name information cannot be released (e.g., the victim of a sexual assault).

X
Redacting, Sealing, and Expungements
Lineups
363
186.00 The proposed solution must have the ability to electronically redact selected information in narratives. X
187.00 The proposed solution must have the ability to include agency-defined language in the header of a redacted report (e.g. "Original Report", "Redacted Report", etc.). X 188.00 The proposed solution must have the ability to provide an audit trail of redactions and/or save a "before" copy. X
189.00 The proposed solution must have the ab ility to save a copy of the redacted report. X 190.00
The proposed solution must have the ability for the agency to establish an automatic redaction process in which agency-defined fields are automatically excluded when a report type is selected.

X
191.00 The proposed solution must allow authorized users to seal a case report. X 192.00 The proposed solution must have the ability to seal a person on a case report without sealing an entire case. X
193.00 The proposed solution must have the ability to require a reason when indicating that a case is sealed (or "confidential"). X The City can indicate a reason when sealing or expunging a person. 194.00 The proposed solution must have the ability to prevent unauthorized users from viewing a sealed case record. X
195.00 The proposed solution must have the ab ility to expunge a person from a case report. X 196.00
The proposed solution must recognize the age of majority in the jurisdiction in order to determine if certain juvenile case-related data can be made available to the public.

X
197.00 The proposed solution must have the ability to comply with state and NIBRS standards. X
198.00 The proposed solution must have the ability to maintain compliance with state and NIBRS reporting changes as they are modified. X
199.00 The proposed solution must have the ability to associate local classifications/statute numbers to NIBRS classifications. X
200.00 The proposed solution must have the ability to perform NIBRS error checking and validations on a case report, including detailed error messages. X 201.00 The proposed solution must have the ability to perform NIBRS checks with the ability for users to click on an error and be presented with specific NIBRS error details. X 202.00 The proposed solution must have the ability to support online submission of monthly (and/or agency-defined time-frame) reports. X
203.00 The proposed solution must have the ability to prevent reports from being submitted to NIBRS until all errors have been corrected. X
204.00 The proposed solution must have the ability for subsequent submissions for NIBRS review to include any changes in cases where a submission was re-submitted. X 205.00 The proposed solution must provide a field contact / field Investigation module and associate persons to the master name index, if desired. X 206.00 The proposed solution must allow entry of field contacts from both RMS and mobile (if applicable). X
207.00
The proposed solution must allow entry of field contact / field investigation information and enter information on persons, locations, reason for contact, and narrative.

X
208.00 The proposed solution must integrate any vehicles or property added to a field contact/field investigation with the vehicle or property modules. X 209.00 The proposed solution must support integration with with FileOnQ (the system of record for evidence). X Hexagon has included an interface to FileOnQ for the City. 210.00
The proposed solution must provide for property and evidence items to be entered with descriptors and tracking identifiers that are recorded for inventory control and chain-of-custody purposes.

X
211.00 The proposed solution must enforce industry property coding standards, such as NCIC and NIBRS property codes. X
212.00 The proposed solution must have the ability for the agency to define property and evidence types. X
213.00 The proposed solution must have the ability for the agency to define associated data fields corresponding to specific property and evidence types. X Field Contacts / Field Investigations
Property and Evidence
State and National Incident Based Reporting (NIBRS)
364
214.00 The proposed solution must have the ability to enter and maintain property and evidence for multiple agencies. X
215.00 The proposed solution must link property and evidence information with a case report. X
216.00 The proposed solution must automate queries to NCIC for a stolen property search. X 217.00 The proposed solution must have the ability to capture signatures for receipt, check- out and check-in of evidence. X
218.00 The proposed solution must provide standard property and evidence reports, as well as support the creation of ad-hoc reports. X
219.00 The proposed solution must have the ability to provide a barcode system that will allow property to be scanned and barcode labels printed. X 220.00 The proposed solution must have the ability for each agency to configure which data fields are printed on barcode labels. X
221.00 The proposed solution must have the ability to record a date and time stamp with any barcode activity. X
222.00 The proposed solution must have the ability to print multiple barcode labels at one time. X
223.00 The proposed solution must have the ability to generate a single barcode label for all items with a specific property number. X
224.00 The proposed solution must have the ability to provide information on a barcode label, including but not limited to: -- -- -- --
224.01 Item number X
224.02 Property number X
224.03 Case number X
224.04 Property description X
225.00
The proposed solution must provide notifications when evidence will be needed for court (e.g., when a user receives a court summons to testify, the appropriate personnel are ntified in advance).

X
226.00 The proposed solution must allow for batch entry of property and evidence. X 227.00
The proposed solution must provide for a vehicle and its contents to be entered as one piece of property or evidence (if the agency desires this process), with fields for describing the contents within a vehicle.

X
228.00
The proposed solution must allow personnel to access a property record to view detailed information about the item and historical information about the custody and control of the item, including its current status and location.

X
229.00 The proposed solution must provide the ability to accurately track all property items and verify evidentiary chain-of-custody requirements are met. X 230.00 The proposed solution must track property that has is stored in remote fac ilities X 231.00
The proposed solution must manage dispositions of property items with timed events to notify property personnel when items can be released, destroyed, or sold at auction, in accordance with statutes.

Ontario City CouncilOctober 1, 2024

Ontario City Council
October 1, 2024