Agenda packet — Ontario City Council, December 17, 2024 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
DECEMBER 17, 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 DAISY MACIAS 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 Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20241217 Closed Session.docx

ACCOMMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
6:00 p.m.
, Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

Porada, Wapner, Bowman, Macias, 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)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76; 2350-2630 East Inland Empire Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: IKEA Property Inc; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Mayor pro Tem Porada

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

Bishop Scott Costello, Church of Jesus Christ of Latter-Day Saints

REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.

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

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.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20241119 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

ATTACHMENT:

AB 481 Ordinance 01^ORD^RM

ATTACHMENT:

Policy 708 Military Equipment.pdf

ATTACHMENT:

OPD 481 DRAFT 2024.pdf

4. DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO AND VECTOR

CONTROL DISTRICT

5. AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 14, TITLE 8 OF THE ONTARIO

MUNICIPAL CODE TITLED HISTORIC BUILDING CODE, EXISTING BUILDING CODE AND REFERENCED STANDARDS ESTABLISHING SECTION 8-14.04 ALTERNATIVE BUILDING

STANDARDS FOR ADAPTIVE REUSE PROJECTS

ATTACHMENT:

20241217 ARO BUILDING CODE ADOPTION 01^ORD^RM

ATTACHMENT:

ARO Techincal Manual-Oct 3 2024 Final Draft Exhibit A.pdf

ATTACHMENT:

AM&M Requests Ontario_Oct Final Draft.docx

6. AN ORDINANCE AMENDING CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL CODE Minutes for the regular meetings of the City Council and Housing Authority of November 19, 2024, and approving same as on file in the Records Management Department.

Bills November 15, 2024 through November 27, 2024, and Payroll November 3, 2024 through November 16, 2024.

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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

That the City Council appoint Mayor Leon to serve as a Board of Trustee on the West Valley Mosquito and Vector Control District for a two-year term.

That the City Council consider and adopt the Ordinance approving an amendment to Chapter 14, Title 8 of the Ontario Municipal Code establishing alternative building standards for adaptive reuse projects.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 8-14.04, ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS, AND MAKING FINDINGS IN SUPPORT THEREOF.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

RELATING TO THE CITY'S EMERGENCY ORGANIZATION

ATTACHMENT:

Muni Code ORD^RM

7. UPDATED LEGISLATIVE PLATFORMS

ATTACHMENT:

2025-2026 State Leg Platform.docx

ATTACHMENT:

2025-26 Federal Platform.docx

8. ACCEPTANCE OF SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANTS PROGRAM FUNDING FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY

ATTACHMENT:

4Z-98T89101-0
City of Ontario - SWIFR Save our Seas - Award.pdf

9. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM BUSINESS PRODUCTS FOR FIRE STATION NO. 1

ATTACHMENT:

Indiana Furniture Omnia Contract.pdf

ATTACHMENT:

Info-Com- Goods & Services Agreement.pdf

10. AWARD OF TWO CONSTRUCTION CONTRACTS IN CONNECTION WITH THE

CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM That the City Council adopt an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City' s Emergency Organization.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION.

That the Council approve the 2025-2026 State and Federal Legislative Platforms.

That the City Council Authorize the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $3,571,064 from the U.S.

Environmental Protection Agency (EPA) for the Solid Waste Infrastructure for Recycling (SWIFR) Grants Program.

That the City Council take the following actions:

A
.

Authorize a cooperative purchase agreement for D&C21-001 New Fire Station No. 1 with Margaret C. Pett, Inc. DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $358,372, consistent with the terms and conditions of the National Cooperative Purchasing Alliance Contract Number 07-97; 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 agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and ﬁling a notice of completion at the conclusion of all construction related activities.

That the City Council take the following actions:

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

ATTACHMENT:

KZ Cabinet Co- Construction Contract.pdf

ATTACHMENT:

Bogh Construction- Construction Contract.pdf

11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS

POLE REPLACEMENT PROJECT

ATTACHMENT:

MC Electric- Change Order No. 2 Proposal.pdf

ATTACHMENT:

MC Electric- Change Order No. 2.pdf

12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC.

FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES

ATTACHMENT:

Transtech Engineers, Inc.- Amendment No. 5.pdf

13. AB1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2024, AND SB165 LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR ENDED JUNE 30, 2024

ATTACHMENT:

SB165 Report Fiscal Year Ending June 30,2024.pdf

A
.

Authorize the City Manager or his designee to execute two (2) Construction Contracts to provide various construction services for Bid No. 1856 - D&C23-011 – Professional Baseball Stadium in the amount of $11,758,970 and authorize a combined contingency of $1,175,897 for a total not-to-exceed contract amount of $12,934,867, 1 .
02 – Concrete: Site – Bogh Construction LLC.: $5,178,000 2 .
06 – Finish Carpentry – K&Z Cabinet Co., Inc.: $6,580,970, and B
.

Reject all bids received for Bid No. 1856 Ontario Ballpark Section 20 - Signage and authorize Staﬀ to solicit new bids for these trades in relation to the Professional Baseball Stadium; and
C
.

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

That the City Council authorize the City Manager, or his designee, to authorize Change Order No. 2 to the Construction Contract with MC Electric, of Chino, California, in the amount of $77,944 for a total not-to-exceed contract amount of $1,093,586 for the Parks Pole Replacement Project.

That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the on-call Professional Services Agreement with Transtech, Inc. (Transtech), of Chino, California, to provide the bridging document preparation and Construction Management for the D-Block Parking Structure in the amount of $1,361,750 for total not-to-exceed contract amount of $4,019,500.

That the City Council accept the City of Ontario’s AB1600 Development Impact Fee (DIF) Annual Report (unaudited) for Fiscal Year Ended June 30, 2024, and the City of Ontario's SB165 Local Agency Special Tax and Bond Accountability Report (unaudited) for Fiscal Year Ended June 30, 2024.

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

ATTACHMENT:

AB1600 Year Ending June 30,2024.pdf

14. A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A HOUSING DEVELOPMENT LOCATED ON HOLT BOULEVARD EAST OF ALLYN AVENUE; AND A GRANT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE ONTARIO HOUSING AUTHORITY IN THE AMOUNT OF $15,000,000.

ATTACHMENT:

DDA with NCRC Holt_Allyn Multifamily Housing Project - Substantial Draft 11-14-2024.docx

ATTACHMENT:

CITY-GRANT AGREEMENT TO OHA 02^RESO^RM.docx

ATTACHMENT:

Grant Agreement - In-Lieu Fees- City of Ontario to OHA - Holt_Allyn Multifamily Housing Project-c1.docx

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council ("City") and the Ontario Housing Authority Board ("Authority"):

A
.

Hold a Public Hearing to adopt Resolutions approving the Disposition and Development Agreement ("Agreement") (on ﬁle with the Records Management Department) between the Authority and National Community Renaissance of California ("Developer"); and B
.

Approve the Grant Agreement ("Grant Agreement") (on ﬁle with the Records Management Department) between the City and the Authority, in an amount of $15,000,000.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THAT CERTAIN CITY GRANT AGREEMENT [HOLT/ALLYN MULTIFAMILY HOUSING PROJECT]

CONCERNING THE GRANT OF AFFORDABILITY IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING

AUTHORITY FOR THE HOLT/ALLYN MULTIFAMILY HOUSING PROJECT

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THAT CERTAIN CITY GRANT AGREEMENT [HOLT/ALLYN MULTIFAMILY HOUSING PROJECT] CONCERNING THE GRANT OF AFFORDABILITY IN-LIEU FEE FUNDS TO THE

ONTARIO HOUSING AUTHORITY FOR THE HOLT/ALLYN MULTIFAMILY HOUSING PROJECT

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE

ONTARIO HOUSING AUTHORITY AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA

FOR PROPERTY GENERALLY LOCATED ON EAST HOLT BOULEVARD EAST OF ALLYN AVENUE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

OHA - Resolution for NCRC - Holt Allyn DDA 04^RESO^RM

ATTACHMENT:

OHA - GRANT AGREEMENT TO OHA 05^RESO^RM

15. AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-001) BETWEEN THE CITY OF ONTARIO AND EDENGLEN ONTARIO, LLC

ATTACHMENT:

File No. PDA05-001 Edenglen Ontario LLC ^01 EXH A.docx

ATTACHMENT:

File No. PDA05-001 Edenglen Ontario LLC 02^ORD^RM

ATTACHMENT:

File No. PDA05-001 Edenglen Ontario LLC^03^DEV AGR.docx

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council consider and waive further reading of an Ordinance approving a Third Amendment to the Development Agreement (File No. PDA05-001) between the City of Ontario and Edenglen Ontario, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT, FILE NO. PDA05-001, BETWEEN

THE CITY OF ONTARIO AND EDENGLEN ONTARIO, LLC, TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO'S 17392, 17558, 17559, 17560, 17561, 17562, 17563, 17564, 18789, 18790,18791, AND 20524, GENERALLY LOCATED NORTH

OF CHINO AVENUE, SOUTH OF RIVERSIDE DRIVE, EAST OF MILL CREEK AVENUE, AND WEST OF THE SCE UTILITY CORRIDOR, WITHIN PLANNING AREAS 1 THROUGH 8 OF THE EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - ; APN: 0218-171-15; 0218-921- 07, 08, 16, 19, 22, AND 30; 0218-931-01 THROUGH 25; 218-931-75 THROUGH 89; 0218-932-01 THROUGH 21; 0218-933-01 THROUGH 17; 0218-934-01 THROUGH 24; 0218-935-01- THROUGH 04; 0218-935-12 THROUGH 19; 0218-935-22 THROUGH 38; 0218-941-01 THROUGH 39; 0218- 941-55 THROUGH 93; 0218-951-01 THROUGH 70; 0218-952-19 THROUGH 82; 0218-954-01 THROUGH 42; 0218-955-01 THROUGH 42; 0218-956-01 THROUGH 58; 0218-961-07 THROUGH

88. STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

ADJOURNMENT
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CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) December 17, 2024
ROLL CALL: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76; 2350-2630 East Inland Empire Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: IKEA Property Inc; Under negotiation: Price and terms of payment.

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

ONTARIO HOUSING AUTHORITY

MINUTES
NOVEMBER 19, 2024
(Not Official Until Approved)
(Not official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 19, 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 6:32 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 Ruben Valencia
ABSENT: Council/Authority Members: None

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

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

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Wapner.

INVOCATION
The invocation was led by Senior Pastor Thomas, Ontario Seventh-Day Adventist Church.

PUBLIC COMMENT
Assistant City Clerk Isbell announced there was one written comment:

Brad Neumann, regarding his personnel matters.
10 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 2 of 10 ends

Mayor Leon called upon the first speaker:

Karen Haughey , representative of San Bernardino County Board of Supervisors, Curt Hagman, announced upcoming events.

Brandy Rodriguez, spoke regarding her personal grievance.

Brad Neumann, spoke regarding his personnel grievance.

AGENDA REVIEW/ANNOUNCEMENTS
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented.

Public Comment
Tommy Mushigan, spoke regarding Item No. 9, stating people should take better care of trash containers.

1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council, Housing Authority, and Ontario Industrial Development of October 15, 2024 and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills October 25, 2024 through October 31, 2024, in the amount of $15,506,912.33, and Payroll October 6, 2024 through October 19, 2024 in the amount of $6,039,974.73.

3. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218- 211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.

The City Council:

A. Adopted a Resolution approving an Agreement regarding Community Facilities District No. 52 (Sundance Park) for Assessor Parcel Number (LD Parcel 1) 0218-211-01-0000 and Fee In-Lieu (the “Agreement”) between the City of Ontario and BrookCal Ontario, LLC (the “Developer”); and B. Authorized the City Manager, or his designee, to finalize, execute, and record said Agreement.

RESOLUTION NO. 2024-196 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN AGREEMENT REGARDING ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.
11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 3 of 10 ends

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS

CENTER SERVICES)
The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services). Introduction and first reading took place at a regular meeting on November 5, 2024.

ORDINANCE NO. 3288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).

5. PURCHASE OF FLEET VEHICLES
The City Council took the following actions:

A. Authorized the sole source purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $183,630 plus a 10% contingency of $18,363 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $201,993 from Citrus Motors, of Ontario, California, and
B. Authorized the sole source purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $147,519 plus a 10% contingency of $14,752 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $162,271 from Citrus Motors, of Ontario, California; and
C. Authorized the sole source purchase and delivery of one (1) Kovatch Mobile Equipment (KME) Custom Tractor Drawn Rescue in the amount of $2,757,113, plus a 10% contingency of $275,711 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $3,032,824 from Fire Apparatus Solutions, of Rialto, California.

6. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT AND PICNIC

SHELTERS WITH INNOVATIVE PLAYGROUNDS COMPANY FOR THE DE

ANZA PARK IMPROVEMENTS PROJECT
The City Council took the following actions:

A. Authorized the cooperative purchase of playground equipment for the De Anza Park Improvements Project in the amount of $913,554 plus a 10% contingency of $91,355 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $1,004,909 from Innovative Playgrounds Company, of Whittier, California, 12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 4 of 10 ends

consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR; and
B. Authorized the cooperative purchase of picnic shelters for the De Anza Park Improvements Project in the amount of $659,061 plus a 10% contingency of $65,906 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $724,967 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR.

7. DESIGN SERVICES AGREEMENTS FOR ON-CALL ARCHITECTURAL SPACE

PLANNING AND ENGINEERING DESIGN SERVICES
The City Council authorized the City Manager, or his designee, to execute the following three-year Design Services Agreements for on-call Architectural, Space Planning, and Engineering Design Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional one-year periods:

A. HMC Architects, of Ontario, California, for a total contract amount not-to- exceed $200,000;
B. Holt Architecture, of Palm Desert, California, for a total contract amount not- to-exceed $200,000;
C. IDS Group, Inc., of Irvine, California, for a total contract amount not-to-exceed $200,000;
D. Hammel, Green and Abrahamson, Inc., of Santa Monica, California, for a total contract amount not-to-exceed $200,000; and
E. Robert Borders & Associates, of Costa Mesa, California, for a total contract amount not-to-exceed $200,000.

8. CONSTRUCTION CONTRACTS FOR THE SPORTS COMPLEX OFFSITE

UTILITIES PROJECT AND THE SEWER IMPROVEMENT AT VINEYARD

PROJECT IN CONNECTION WITH THE CONSTRUCTION OF THE ONTARIO

PROFESSIONAL BASEBALL STADIUM
The City Council took the following actions:

A. Authorized the City Manager or his designee to award Contract No. D&C23- 025 Sports Complex O site Utilities Project to Gri th Company, of Brea, California, for the construction of the Osite Utilities for the Sports Complex, in the amount of $90,584,000 plus a 15% contingency of $13,587,600, for a total not-to-exceed contract amount of $104,171,600, and B. Authorized the City Manager or his designee to award Contract No. D&C23- 025 Sports Complex Sewer Improvement at Vineyard Avenue Project to Weka, Inc., of San Bernardino, California, for the construction of the O site Vineyard Sewer for the Sports Complex, in the amount of $27,972,383 plus a 15% contingency of $4,195,857, for a total not-to-exceed contract amount 13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 5 of 10 ends

of $32,168,240, and
C. Authorized the City Manager or his designee to execute Amendment No. 2 to the on-call Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide on-call Design Services for the Ontario Sports Complex Project in the amount of $72,780 for a total not-to-exceed contract amount of $2,457,212; and
D. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

9. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR ROLL-OFF CONTAINERS AND PARTS The City Council authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for the purchase of roll-o containers and parts for a total contract amount not-to-exceed $2,000,000 for up to five (5) years.

PUBLIC HEARINGS

10. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NO. PDEV22-017
The City Council conducted a public hearing on the appeal and after receiving public testimony, upholding the Planning Commission’s decision to approve the Development Plan (File No. PDEV22-017) and deny the appeal.

RESOLUTION NO. 2024-197 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CERTIFY THE 5355 EAST AIRPORT

DRIVE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2022090006) FOR A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST AIRPORT DRIVE, WITHIN THE IH (HEAVY

INDUSTRIAL) ZONING DISTRICT, AND ADOPT ENVIRONMENTAL FINDINGS

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A

STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION

MONITORING AND REPORTING PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0238-052-29 AND 0238-052-20.

RESOLUTION NO. 2024-198 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PDEV22-017, A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 6 of 10 ends

EAST AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0238-052- 29 AND 0238-052-20.

Notice of public hearing was duly given. Affidavits of compliance are on file. There was one written communication from Californians Allied for Responsible Economy in support of the appeal.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Executive Director of Community Development, Rudy Zeledon provided background information.

The appellant, Aden Marshall presented his case.

The following individuals spoke in support of the appellant:

Amy Smith
Bill Steiner
Cynthia Chavez
Louis Lopez
Mad Dog (Robert)
The applicant, Tyson Chave presented his case.

The following individuals spoke in support of the applicant:

Tracy Zinn
Jorge Zavala
Andrew Mayorge
The appellant was then given time to provide his rebuttal. Hearing no one else wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to deny the appeal and adopt Resolution Nos. 2024- 197 and 2024-198.

11. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND CLARIFYING CERTAIN PROVISIONS

OF THE CITY OF ONTARIO DEVELOPMENT CODE
The City Council introduced and waived further reading of an Ordinance Approving File No. PDCA24-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.

ORDINANCE NO. 3289 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDCA24-003, A DEVELOPMENT CODE AMENDMENT REVISING AND
CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION 15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 7 of 10 ends

AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS AND GLOSSARY) OF THE CITY

OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

Notice of public hearing was duly given. Affidavits of compliance are on file. 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 closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to introduce Ordinance No. 3289.

12. A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF

ONTARIO AND OTC LOT A OWNER, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
The City Council considered and adopted a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to OTC Lot A Owner, LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.

RESOLUTION NO. 2024-199 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE LOAN AGREEMENT

BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER, LLC AND EXECUTION THEREOF; ACCEPTING THE ECONOMIC DEVELOPMENT

SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE
SECTION 53083; FINDING THAT SUCH LOAN AGREEMENT APPROVAL IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(4) AND DIRECTING STAFF

TO ISSUE A NOTICE OF EXEMPTION
Notice of public hearing was duly given. Affidavits of compliance are on file. 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 closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-199. 16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 8 of 10 ends

13. A PUBLIC HEARING TO CONSIDER THE SALE OF CITY OF ONTARIO OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS; AND ADOPTION OF A RESOLUTION

APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF

ONTARIO AND RICHARD FERNANDO BARBA
The City of Ontario conducted a public hearing to consider the sale of City-owned property; and adopted a Resolution approving a Purchase and Sale Agreement (“Agreement”) between the City of Ontario (“City”) and Richard Fernando Barba (“Developer”) (on file in the Records Management Department); and authorized the City Manager to execute the Agreement and all other documents required for implementation of the Agreement.

RESOLUTION NO. 2024-200 A RESOLUTION OF THE CITY OF ONTARIO, OF

THE CITY OF ONTARIO, CALIFORNIA, APPROVING A PURCHASE AND SALE

AGREEMENT BETWEEN THE CITY OF ONTARIO AND RICHARD FERNANDO

BARBA FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 910 EAST CALIFORNIA STREET AND 808 SOUTH GREENWOOD AVENUE, ONTARIO.

Notice of public hearing was duly given. Affidavits of compliance are on file. 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 closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-200.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

14. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY

EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

The City Council introduced and waived further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.

ORDINANCE NO. 3290 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET.

SEQ.

MOTION: Moved by Council Member Valencia, seconded by Council Member Wapner and carried by a unanimous vote 5-0 with, adopt introduce Ordinance No. 3290. 17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 9 of 10 ends

15. AN ORDINANCE AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL

CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND

SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR

STANDARDS
The City Council introduced an Ordinance amending Section 3-1.112 to Title 3 of the Ontario Municipal Code relating to requirements of contractors and subcontractors to enhance compliance with local labor standards.

ORDINANCE NO. 3291 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 3-

1.112 TO TITLE 3 OF THE MUNICIPAL CODE RELATING TO LICENSE

REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.

MOTION: Moved by Council Member Valencia, seconded by Council Member Bowman and carried by a unanimous vote 5-0 with, introduce Ordinance No. 3291.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Valencia had no comments.

Council Member Bowman had no comments.

Council Member Wapner had no comments.

Mayor pro Tem Porada had no comments.

Mayor Leon had no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:29 p.m. and announced the next regular meeting was scheduled for December 3, 2024.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 19, 2024

Page 10 of 10 ends

APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
19 Department: Police Department
Prepared By: Lizceth Zazueta
Department:

Prepared By: Gricelda Perez
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

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

ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Assembly Bill No. 481 ("AB 481") was approved by Governor Newsom on September 30, 2021. AB 481 requires law enforcement agencies to obtain approval of the applicable governing body, by adoption of a Military Equipment Use Policy, as speciﬁed, by Ordinance at a regular meeting held pursuant to speciﬁed open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

In addition, state or local law enforcement agencies must publish the policy on the agency's internet website and provide a copy of the policy to the Governor or the Governor's designee. AB 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets speciﬁed standards. AB 481 also requires the governing body to annually review the Ordinance and either approve, disapprove a renewal of the authorization for itemized military equipment, or amend the Military Equipment Use Policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, that the military equipment does not comply with standards for approval.

This is the second reading of Ordinance No. 3290 to approve the Ontario Police Department's Military Equipment Use Policy.
20 ORDINANCE NO. _______

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

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

THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Ontario Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment; and
WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, the proposed Military Equipment Use Policy (“Policy”) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
21 WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue; and
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d); and
WHEREAS, the City Council of the City of Ontario, having received the information required under AB 481 regarding the Ontario Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy.

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO
HERBY ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Approval of Military Equipment Policy.

Military Equipment Policy.
(a) The Military Equipment Policy shall govern the use of military equipment by the Ontario Police Department. (Exhibit A)
(b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d). (Exhibit B)
(d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because 22 it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

SECTION 4. Inconsistencies. Any provision of the Ontario Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Ontario Municipal Code unless and until the City Council so ordains.

SECTION 6. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following from its adoption.

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 17th day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
24 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 Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held November 19, 2024 and adopted at the regular meeting held December 17, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held December 17, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. ________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
25 26
27 28
29

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I. PURPOSE

This Department procedure establishes guidelines for the use, training, approval, and procurement of existing military equipment and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB-481), codified in California Government Code sections 7070-7075. Additionally, this procedure outlines the fiscal impact and specific descriptions of existing military equipment within the Department’s inventory.

II. SCOPE

This procedure applies to all members of the Department.

III. DEFINITIONS

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list refer to Government Code Section 7070, for “military equipment” as defined within the assembly bill.)

A. “Governing body” means the City Council and Mayor.

B. “Military equipment” means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Armored personnel carriers and/or armored vehicles with breaching apparatus.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this definition.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. ‘Flashbang’ grenades and explosive breaching tools, ‘tear gas’ and ‘pepperballs’ excluding standard, service-issued handheld pepper spray.

Page 2 of 35 ends

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, and specialty impact munition (SIM) weapons.

C. “Military equipment use policy” refers to this Department Procedure and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

D. “Law enforcement agency” means any of the following:

1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.

2. A sheriff’s department.

3. A district attorney’s office.

4. A county probation department.

IV. MILITARY EQUPIMENT TYPES AND USAGE GUIDELINES

The Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in 31

Page 3 of 35 ends

certain instances and in some cases only by certain units. While this procedure is wide- ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Police Department.

A. Unmanned remotely piloted, powered aerial or ground vehicles

1. Small Unmanned Aircraft Systems (sUAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Capability: sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.

Usage: sUAS are to be used by trained pilots during high-risk operations, tactical operations, disaster response, and video and photographic documentation. These pilots receive regular training and flight hours and when applicable adhere to FAA regulations.

Training Requirements: Drone operators attended continual yearly training.

Fiscal Impact: See Appendix A

Lifespan: Approximately five (5) years.

The Department currently possesses the following types of sUAS:

a. Parrot Anafi Thermal (Quantity: 2)
Manufacturer: Parrot
Description: To balance the resolutions of the thermal image and visible image, and therefore benefit from information not visible in thermal, the displayed image is a fusion of the information from the two cameras. 32

Page 4 of 35 ends

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. DJI Avata (Quantity: 3)
Description: A handheld drone designed for interior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. LOKI 1 (Quantity: 6)
Manufacturer: Sky-Hero
Description: A handheld drone designed for interior searches. The drone is controlled by a handheld remote control.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. LOKI 1I (Quantity: 4)
Manufacturer: Sky-Hero
Description: A handheld drone designed for interior searches. The drone is controlled by a handheld remote control.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

e. Evo II (Quantity: 1)
Manufacturer: Autel Robotics
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

f. Mini 2 (Quantity: 2)
Manufacturer: DJI
33

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Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

g. Mavic 3 Enterprise (Quantity: 8)
Manufacturer: DJI
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

h. Matirce 30T (Quantity: 4)
Manufacturer: DJI
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Small Unmanned Tracked Robots: An unmanned tracked robot of any type that is capable of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Capability: Small Unmanned Tracked Robots can support first responders in any hazardous incident which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disaster response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Usage: Small Unmanned Tracked Robots are to be used exclusively by the SWAT unit during high-risk operations, disaster response, and in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Training Requirements: SWAT Officers regularly train on safe robot deployment in a variety of operational settings.
34

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Fiscal Impact: See Appendix A

Lifespan: Dragon Runner – Lifespan varies with operational usage and wear.

The Department currently possesses the following types of Small Unmanned Tracked Robot:

a. Dragon Runner (Quantity: 1)
Manufacturer: QinetiQm
Description: Lightweight, expandable, and one-man portable robot that offers protection and support to officers. Designed to provide situational awareness by ‘scouting out’ while the officers remain at a safe distance.

Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks, the Dragon Runner effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

i. MKI (Quantity: 2)
Manufacturer: Sigyn
Description: Small hand-deployable remote-control robot with audio listening capabilities.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

B. Armored Personnel Carriers

1. BearCat: An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transport of officers and/or civilians at critical incidents and high-risk tactical operations.

Capability: BearCats can support first responders in any hazardous, high risk, or critical incident which would benefit from having a vehicle that provides a high level of ballistic protection.

Usage: These uses could include active shooters, armed barricaded suspects, hostage situations, high-risk tactical operations, disaster response, officer/citizen 35

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rescues, and CBRNE (Chemical, Biological, Radiological, Nuclear, and Explosive) attacks and detection.

Training Requirements: Officers authorized to operate the BearCat are required to successfully complete in house training on its capabilities and must complete a driving assessment during the training period.

Fiscal Impact: See Appendix A

Lifespan: Approximately 20 years depending on operational usage and wear.

The Department currently possesses the following types of BearCats:

a. BearCat G2 – 2 Door Model (Quantity: 1)
Manufacturer: Lenco
Description: The Lenco BearCat G2 is the standard armored rescue vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10–12 fully equipped officers or citizens.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $505.45
Future Acquisition Plans: Unknown

b. BearCat G3 – 4 Door Model (Quantity: 1)
Manufacturer: Lenco
Description: The BearCat G3 provides Lenco’s proven armor system in a ruggedized off-road platform. The G3 utilizes the same body design, interior features and tactical options as the G2, but it comes standard with a heavier duty upgraded suspension and off-road tires, rims & run flats to provide enhanced off-road performance. The increased ground clearance and robust suspension allows for emergency response in rural regions and natural disaster scenarios where standard armored rescue vehicles would experience challenges.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $972.56
Future Acquisition Plans: Unknown

c. BearCat G3 w/ P3E MARS Ramp System – 3 Door Model (Quantity: 1) Manufacturer: Lenco
Description: The BearCat G3 provides Lenco’s proven armor system in a ruggedized off-road platform. The G3 utilizes the same body design, interior 36

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features and tactical options as the G2, but it comes standard with a heavier duty upgraded suspension and off-road tires, rims & run flats to provide enhanced off-road performance. The increased ground clearance and robust suspension allows for emergency response in rural regions and natural disaster scenarios where standard armored rescue vehicles would experience challenges. This armored rescue vehicle is outfitted with the P3E MARS ramp system which allows officers to safely make entry into or rescue citizens from elevated structures.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $219.30
Future Acquisition Plans: Unknown

d. Rook – (Quantity: 1)
Manufacturer: Ring Power
Description: The Rook is a tracked armored vehicle capable of deploying officers into a critical incident or rescue citizens during a critical incident. It features several attachments capable of moving objects, or vehicles to aide in the peace resolution of a critical incident. The attachments and vehicle also can be used in various natural disaster incidents.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $113.42
Future Acquisition Plans: Unknown

C. Command and Control Vehicles

1. Mobile Command Vehicles: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation.

Capability: As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with this mission.

Usage: Mobile Command Vehicles are to be utilized as an Incident Command Post for planned or unplanned events. Vehicles are also equipped with specialized equipment to assist with numerous types of incidents.

Training Requirements: Officers are frequently train in the operations of Command vehicles.

Fiscal Impact: See Appendix A

Lifespan: No lifespan indicated by manufacturer. Dependent on operational usage and wear.

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The Department currently possesses the following types of Mobile Command Vehicles:

a. SWAT Special Equipment Vehicle – (Quantity: 1)

The SWAT Special Equipment Vehicle is a non-armored vehicle used by SWAT personnel to transport special weapons and equipment to the scene of critical incidents. Once at an incident, it is also used as a SWAT and Tactical Operations Center (TOC).

Manufacturer: Custom Built International Chassis
Description: This vehicle is a custom build. It is capable of transporting various SWAT equipment to a critical incident. It is also outfitted with various radio and computers to aide the Incident Commander.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $1,171.52
Future Acquisition Plans: Unknown

b. CP131 – Command Post Vehicle - (Quantity: 1)
Manufacturer: Custom Built Freightliner Chassis
Description: This vehicle is a custom-built truck which allows officers to aide in communicating with subjects during critical incidents or can be utilized as a command post during any type of situation.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $1,703.70
Future Acquisition Plans: Unknown

D. Explosive Breaching Equipment

1. Explosive Breaching Equipment: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached quickly and as safely as possible. A quick and effective breach is one key to a successful tactical mission. In some instances, an explosive breach may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission.

A variety of specialized breaching equipment consisting of explosive materials are possessed by the Department. Explosive Breaching Equipment can only be used exclusively by the SWAT team’s dedicated breaching personnel.

Capability / Usage: Explosive breaching, the use of explosive materials to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of explosive material is used and still accomplishes its goal. An effective Explosive Breach can defeat fortified doors 38

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and walls. Effective breaching techniques allow tactical officers immediate entry with minimal risk to victims, officers, and suspects. An Explosive Breach should only be utilized after taking into consideration the overall mission, officer and citizen safety, the overall construction of the structure, the presence of unstable chemicals, explosives, or incendiary materials, and whether other means of mechanical breaching would be effective and safe to use. The option to use an explosive breach shall be at the discretion of the SWAT Commander.

Training Requirements: Only SWAT Officers that are certified Explosive Breachers are authorized to utilize explosive breaches. SWAT Explosive Breachers must successfully complete a certified Explosive Breaching Course.

Additionally, SWAT Explosive Breachers must maintain proficiency with the use and handling of explosives and explosive breaching techniques.

Fiscal Impact: See Appendix A

Lifespan: Approximately five (5) years.

The Department currently possesses the following types of Explosive Breaching Equipment:

a. Explosive Breaching Equipment Kit – (Quantity: See Below) Explosive Breaching Equipment consists of:

1. 50 grain Detonation Cord (69,200 gr.)

2. C2 sheets (1,540 gr.)

3. Shock-tube Blasting Cap (1,879 gr.)
Manufacturer: Southwest Explosives
Description: Explosive breaching, the use of explosive materials to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of explosive material is used and still accomplishes its goal.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Breaching Shotguns and Breaching Ammunition: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached quickly and as safely as possible. A quick and effective breach is one key to a successful tactical mission.

In some instances, a breach initiated by a breaching shotgun loaded with specialized breaching rounds may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission.

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Specialized Breaching Rounds, also referred to as TKO round, are frangible and are designed to break into a powder form upon impact with a solid object (i.e., dead bolt lock, door frame, etc.)

The Department possesses a limited inventory of Breaching Shotguns and Breaching Shotgun Ammunition. Breaching Shotguns are to be used exclusively by trained members of the SWAT team.

Capability / Usage: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of breaching shotgun rounds is used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and locks. Effective breaching techniques allow tactical officers immediate entry with minimal risk to victims, officers, and suspects.

Training Requirements: SWAT team members regularly train on the use of shotgun breaching.

Fiscal Impact: See Annual Military Report

Lifespan: Remington 870 Police Magnum – Limited lifetime warranty.

Lifespan varies on operational usage and wear

Breaching Shotgun Ammunition – Five (5) year limited warranty.

Five (5) year shelf life.

The Department currently possesses the following types of breaching shotguns and breaching shotgun ammunition:

a. Remington 870 Police Magnum – (Quantity: 5)
Manufacturer: Remington
Description: The Remington 870 Police Magnum pump-action shotgun is a rugged 12-gauge with a short barrel backed by a stout 3” chamber. The all- matte black gun is parkerized for generalized durability and rust-resistance.

Both the pump action for-end and stock are robust and tough synthetic.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. TKO 12-Gauge Breaching Shotgun Rounds – (Quantity: 60) Manufacturer: Defense Technology
Description: The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. This is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO is capable of defeating 40

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door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine powder eliminating fragmentation.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

E. Firearms of .50 Caliber or greater

1. .50 Caliber Rifles: A heavy-duty, bolt-action rifle rated for .50 caliber ammunition that is capable for delivering precision rifle fire at great distances with effective results.

Due to the ever-increasing number of deadly incidents involving vehicle borne attacks and fortified structures both in Southern California and around the country, the SWAT Sniper Team currently employs the use of a .50 caliber rifle to address the unique operational needs presented by these threats.

The requirement and implementation of a .50 caliber rifle are now the standard for many SWAT Teams both in the US and abroad to combat vehicular threats that may arise out of conventional SWAT operations or domestic and international terror attacks.

Capability / Usage: These weapons provide the capability to pierce hard armor, multiple layers of mild steel, or substantial brick, concrete and other materials that may give hard cover to potential suspects. In limited circumstances, these weapons can also be used to disable the engine block of a vehicle posing a clear and present threat to the public (i.e., a vehicle laden with explosives).

Training Requirements: SWAT Snipers receive specific .50 caliber rifle training and must undergo regular training and weapons qualifications to be able to deploy the .50 caliber rifle.

Fiscal Impact: See Appendix A

Lifespan: EDM ARMS – Barrel life rated to approximately 20,000 rounds.

a. EDM ARMS Windrunner - (Quantity: 1)
Manufacturer: Bushmaster Firearms
Description: The Windrunner is built to outshine all previous standards for long-range accuracy.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown
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F. Ammunition of .50 caliber or greater

1. .50 Caliber Rifle Ammunition: Rifle ammunition manufactured specifically for .50 caliber Special Application Rifles. This caliber is also referred to as .50 BMG.

Match Ammunition: Designed for when greater distance from a target is encountered and accuracy is needed. Match ammunition rounds excel against heavy barriers and penetrating thick glass.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

a. A-Max Match Ammo - .50 BMG 750 grain (Quantity: 10,750) Manufacturer: Engel Ballistic Research
Description: 50BMG match grade 750 grain. Match ammunition rounds excel against heavy barriers and penetrating thick glass.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown
G. Specialized firearms and ammunition of less than .50 caliber, including assault weapons

1. AR-15 Rifles: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style weapon system is designed to fire a .223/5.56 caliber projectile.

Capability/Usage: The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Training Requirements: All officers attend a POST rifle course and regularly qualify with their rifle. SWAT Officers partake in regular rifle training, and consistent weapons qualifications to maintain proficiency with the AR-15.

Fiscal Impact: See Appendix A

Lifespan: Colt M4 Carbine LWRC IC-45 – Barrel life rated to approximately 12,000 rounds.

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Colt M4 Carbine – Barrel life rated to approximately 12,000 rounds.

a. Colt M4 Carbine LWRC M6IC (Quantity: 132)
Manufacturer: LWRC International
Description: Colt style M4 rifle chambered in .223 caliber. These rifles are outfitted with a collapsible stock and flashlight.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Colt M4 Carbine (Quantity: 150)
Manufacturer: Colt Manufacturing LLC
Description: Colt M4 rifle chambered in .223 caliber. These rifles are outfitted with a collapsible stock.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. .308 Caliber Rifles: Rifle’s chambered in a .308 caliber round. These rifles are set up as a semi-automatic rifle or a bolt action. They can be outfitted with various optics and accessories depending on the mission.

Capability / Usage: The .308 rifle provides SWAT Snipers and Air Support personnel the ability to engage hostile suspects at great distances with accuracy.

The .308 rifle platform are typically deployed with the SWAT Team during high- risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed. These rifles can also be deployed by the Ontario Air Support Unit for similar situations.

Training Requirements: SWAT team members and the Air Support Unit regularly train and qualify with various weapons systems including the .308 rifle to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: HK 91 – Barrel life rated to approximately 3,000 to 6,000 rounds.

Tactical Ops Tango 51– Barrel life rated to approximately 5,000 rounds.

Sig Sauer 716 – Barrel life rated to approximately 3,000 to 6,000 rounds.

Fiscal Impact: See Appendix A

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a. HK 91 Rifle (Quantity: 1)
Manufacturer: Heckler and Koch
Description: Semi-automatic .308 rifle with optic attached.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Tactical Ops Tango 51 .308 Bolt Action Rifle (Quantity: 6) Manufacturer: Accuracy International
Description: The bolt action Tango 51 is chambered in .308 caliber and is a bolt action rifle.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Sig Sauer 716 Rifle (Quantity: 2)
Manufacturer: Sig Sauer
Description: Semi-automatic .308 rifle with optic attached.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

3. MP-5 Submachine Guns: A compact, modular, lightweight, shoulder fired, submachine gun capable of semi-automatic or automatic fire chambered in 9mm.

Capability / Usage: The MP-5 submachine gun provides the ability to deliver precision gun fire with a shoulder fired weapons system that is accurate, reliable, and safe. Its compact design allows for ease of maneuverability when operating in the open or within interior environments. The use of the MP-5 submachine gun is relegated to SWAT officers.

Training Requirements: Officers authorized to carry the MP-5 have completed numerous hours of live fire and movement training. Additionally, officers authorized to use the MP-5 must complete weapons qualifications on a regular basis to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Barrel life rated for approximately 50,000+ rounds.

a. HK MP5 Submachine Gun (Quantity: 8)

Manufacturer: Heckler & Koch
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Description: Probably the most popular series of submachine guns in the world, it functions according to the proven roller-delayed blowback principle.

Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

4. .223 Caliber or 5.56mm Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in 5.56mm or .223 Remington. Currently there are two types of .223/5.56mm caliber rifle ammunition in use operationally by the Department.

Capability / Usage: .223 caliber or 5.56mm rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. For the SWAT Team, the AR-15 is the primary weapons system utilized by the team. SWAT Officers regularly utilize the AR-15 as their primary weapons system on tactical operations.

Training Requirements: Officers receive POST training and regularly qualify with their weapon.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

The Department currently possesses the following types of .223 caliber or

5.56mm rifle ammunition:

a. Federal – FMJ .223 55 grain (Quantity: 75,500)
Manufacturer: Federal
Description: American Eagle rifle ammunition offers consistent, accurate performance at a price that's perfect for high-volume shooting. The loads feature quality bullets, reloadable brass cases and dependable primers.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Federal – Gold Dot .223 62 grain (Quantity: 11,000)
Manufacturer: Federal
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Description: Gold Dot Duty Rifle brings proven bullet technology to rifle platform. Gold Dot rifle bullets are optimized to ensure expansion out of barrels down to 10" at a wide variety of velocities out to 200 yards.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

5. .308 Caliber Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in .308 Winchester. Currently there are various types of .308 Winchester caliber rifle ammunition in use by the Department.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

The Department currently possesses the following types of .308 Winchester ammunition:

a. Federal.308 Winchester LE308TT2 Ammunition (Quantity: 4,000) Manufacturer: Federal
Description: Tactical bonded ammunition is made exclusively for law enforcement. It is designed to defeat barriers with minimal deflection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

H. Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers

1. Noise Flash Diversionary Devices (NFDD): Canisters that emit a loud noise and bright light.

Capability / Usage: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention-getting” devices. Diversionary Devices are to be used exclusively by the SWAT team. Noise Flash Diversionary Devices can be used in high-risk tactical operations as an attention getting device. They can also be used during high-risk warrants, and hostage rescue incidents to provide an added degree of officer safety by disorienting subjects.

Training Requirements: SWAT Officers regularly train on safe device deployment in a variety of operational settings.

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Fiscal Impact: See Appendix A

Lifespan: Defense Technology Multi Port Distraction Device – Five (5) year shelf life.

Liberty Dynamics Distraction Device –Five (5) year shelf life.

The Department currently possesses the following types of Diversionary Devices:

a. Defense Technology Multi Port Distraction Device (Quantity: 60) Manufacturer: Defense Technology
Description: These noise flash diversionary devices have a highly reliable functionality and very precise delay times.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Defense Technology Multi-bang (Quantity: 2)
Manufacturer: Defense Technology
Description: This distraction device is capable of multiple consecutive detonations on one device.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Low-roll Distraction Device (Training Device) (Quantity: 50) Manufacturer: Defense Technology
Description: Training device utilizes the same deployment methods with minimal load for training purposes.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Liberty Dynamics Distraction Device (Quantity: 138)
Manufacturer: Liberty Dynamics
Description: This diversionary device has the binary energetic material contained within the Enhanced Noise Flash Diversionary device allows for drastically lowered volatility levels, creating a vastly safer and more reliable noise-flash event.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown
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2. Chemical Agents and Chemical Agent Delivery Devices: Compounds, devices, and delivery systems utilized by SWAT, Mobile Field Force, and patrol officers.

Compounds can include irritants such as Chlorobenzalmalononitrile (CS) or an inflammatory agent such as Oleoresin Capsicum (OC) or Pava (synthetic OC).

Chemical agents can be liquid, powder, or gaseous. Delivery systems can be pyrotechnic, blast dispersion, OC Fogger, or aerosol.

Chemical agent delivery devices consist of the following:

Gas Ram: A metal device resembling a handheld pointed battering ram that can be loaded with a chemical agent canister. The gas ram can be used to introduce chemical agents into a location by piercing the wall, door, or roof of a structure.

Burn Safe: A cylindrical metal container designed to contain a pyrotechnic chemical agent canister and reduce fire hazard upon deployment into a structure.

Capability / Usage: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size. Chemical agents are to be used by the SWAT Team, Mobile Field Force, and/or patrol officers. Generally, during high-risk tactical incidents chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest to disperse violent crowds.

Training Requirements: Officers receive regular training on the deployment and use of chemical agents. Officers are required to pass annual qualifications with the use of chemical agents and chemical agent delivery systems in order to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Defense Technology Chemical Agent Canisters and Munitions - Five (5) year shelf life.

Chemical Agent Delivery Devices - No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

The Department currently possesses the following types of chemical agents:

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a. SPEDE-HEAT CS Model - (Quantity: 16)
Manufacturer: Defense Technology
Description: The Spede-Heat CS munition is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This munition holds approximately 2.9 oz. of active agent.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. 40mm Liquid Ferret - (Quantity: 169)
Manufacturer: Defense Technology
Description: These launchable munitions are capable of being deployed into a structure, through barriers, to deploy chemical agent into a structure at a safe distance.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Chemical Agent CS Pocket Tactical – Model 1016 (Quantity: 6) Manufacturer: Defense Technology
Description: The Pocket Tactical CS munition is small, and lightweight. The

0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by

1.4 inches in size, it easily fits in most tactical pouches.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Maximum HC Smoke Model 1073 - (Quantity: 13)
Manufacturer: Defense Technologies
Description: Pyrotechnic smoke grenade used for concealment or as a signaling device.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

e. 37mm Multiple Foam Baton – Model 6299 (Quantity: 379) Manufacturer: Defense Technology
Description: The 37mm foam baton round contains three foam projectiles.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
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Future Acquisition Plans: Unknown

f. 40mm Skat Shell – Model 6172 (Quantity: 62)
Manufacturer: Defense Technology
Description: The 40mm Skat shell is designed to deliver multiple CS canisters from a 40mm launcher. It has a maximum effective range of 80-100 yards.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

g. Instantaneous Blast CS – Model 1042 (Quantity: 52)
Manufacturer: Defense Technology
Description: The instantaneous blast CS munition is designed for indoor or outdoor use; this munitions powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

h. Pocket Tactical Saf-Smoke – Model 1017 (Quantity: 38) Manufacturer: Defense Technology
Description: This munition is small and lightweight. It will burn approximately 20-40 seconds.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

i. CS Flameless Tri-Chamber – Model 1032 (Quantity: 38) Manufacturer: Defense Technology
Description: The flameless tri-chamber allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

j. CS Triple-Chaser Canister – Model 1026 (Quantity: 52) Manufacturer: Defense Technology
Description: The triple-chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage.
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Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

k. 40mm Muzzle Blast – Model 6042 (Quantity: 79)
Manufacturer: Defense Technology
Description: The 40mm muzzle blast CS round is widely used as a crowd management tool for the immediate and close deployment. .

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

l. Gas Ram – Chemical Agent Delivery Device (Quantity: 3) Manufacturer: Custom build
Manufacturer Description: The gas ram is a double walled container constructed of steel designed to contain the flames of a pyrotechnic chemical agent canister. There is a large metal probe attached to one end designed to penetrate walls to deploy the chemical agent inside a structure from outside.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

m. Burn Safe – Chemical Agent Delivery Device (Quantity: 2) Manufacturer: Burn Safe
Manufacturer Description: The Burn Safe is a double walled container constructed of aluminum. It is designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire. The Burn Safe allows the introduction of significant amounts of pyrotechnic non-lethal chemical agent into the target, which increases the probability of a successful resolution.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

3. Pepper Ball Launchers and Pepper Ball Munitions: A non-lethal munitions system that employs paint ball launchers to fire “pepper balls” that contain powdered synthetic OC in place of the paint. The pepper ball delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. Pepper ball munitions also include glass breaking rounds.

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Capability / Usage: Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Pepper ball launchers and pepper ball munitions can be used to address armed and/or violent individuals or crowds, limited instances of violent civil unrest, suicidal individuals, and individuals believed to possess or have immediate access to a deadly weapon. Pepper ball munitions can be effective in driving suspects from confined spaces or vehicles.

Training Requirements: Officers undergo regular live fire proficiency training.

Additionally, Officers are required to qualify with pepper ball launchers on a consistent basis to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Pepper Ball Launcher – No manufacturer life span indicated by manufacturer.

Pepper Ball Munitions – Approximately three (3) year shelf life.

The Department currently possesses the following types of pepper ball launchers and pepper ball munitions:

a. Tippman FTC Pepper Ball Launcher (Quantity: 12)
Manufacturer: Tippman
Manufacturer Description: The Tippmann FTC paintball marker is a compact marker launcher.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. PepperBall Live – (Quantity: 3,300)
Manufacturer: PepperBall
Description: A potent and powerful concentration of PAVA pepper powder.

One round of LIVE-X contains 2% PAVA.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. PepperBall Glass Breaker – (Quantity:140)
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Manufacturer: PepperBall
Description: Used to break side glass of vehicles and residential glass windows.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. PepperBall Inert – (Quantity: 3,000)
Manufacturer: PepperBall
Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

I. Extended Range Impact Weapons, Projectile Launcher Platforms, Munitions, and Specialty Impact Munitions (SIM)

1. 40mm Launchers (Projectile Launch Platforms): A single shot or multi-shot Extended Range Impact Weapon launcher capable for firing a variety of 40mm rounds. The Department also has a limited inventory of 37mm launchers that share the same characteristics as 40mm launchers but are chambered for 37mm munitions.

Capability / Usage: 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, and sponge baton rounds. The 40mm launchers utilized with less lethal sponge baton rounds are designed to impact armed and/or violent suspects so officers can gain compliance, overcome resistance, or prevent serious injury or death to bystanders, officers, and the suspect. 40mm single launchers combined with less lethal 40mm sponge baton rounds are authorized to be used by any officer that has been trained in its use and maintains current qualifications.

Training Requirements: Officers that have been trained in the use of the 40mm single launcher undergo thorough training in its use. Additionally, officers trained in the use of the 40mm single launcher must pass annual qualifications to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan:
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Defense Technology 40mm Launchers – Two (2) year limited warranty. No lifespan indicated by manufacturer. Dependent on operational usage and wear.

Defense Technology 37mm Launchers – No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

The Department currently possesses the following types of 40mm launchers:

a. Def Tech – Model 1425 (Quantity: 15)
Manufacturer: Defense Technology
Description: The 40mm will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. LMT – 40mm Launcher (Quantity: 32)
Manufacturer: Lewis Machine & Tool
Description: The 40mm will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. LMT – Model 203 (Quantity: 2)
Manufacturer: Lewis Machine & Tool
Description: The 40mm will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Def-Tec – Model 1415 (Quantity: 4)
Manufacturer: Defense Technology
Manufacturer Description: The 37mm will fire standard 37mm Less Lethal ammunition, up to 8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

e. Def-Tec 40mm 6-Shot Launcher (Quantity: 2)
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Manufacturer: Defense Technology
Description: Designed for riot and tactical situations, the 40mm 6-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. 40mm Ammunition: The 40MM round is a sponge baton cartridge. The sponge round has a blue-colored nose with a black base. The casing is stainless.

Fiscal Impact: See Appendix A

Lifespan: Five (5) year shelf life.

The Department currently possesses the following types of 40mm direct impact ammunition:

a. eXact iMpact 40mm Sponge Round – Model 6325 (Quantity: 500) Manufacturer: Defense Technology
Description: The eXact iMpact 40 mm Sponge Round is a point-of-aim, point- of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. Used for Crowd Control, Patrol, and Tactical Applications.

J. Night Vision Equipment and Infrared Sighting Systems

1. Night Vision Optical Devices: A night-vision device (NVD), also known as night optical/observation device (NOD) or night-vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness.

Capability / Usage: Night Vision Optical Devices provide the user the ability to see an enhanced image during darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments. The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVD’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVD’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.

Training Requirements: SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVD’s.
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Fiscal Impact: See Appendix A

Lifespan: Approximately 10,000 hours.

The Department currently possesses the following types of Night Vision Optical Devices:

a. Pinnacle Gen3 Night Vision – (Quantity: 30)
Manufacturer: Night Vision Depot
Description: Pinnacle Gen3 Night Vision Device is a compact, lightweight, high-performance white phosphor dual-tube goggle.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. L3 Warrior – (Quantity: 3)
Manufacturer: L3
Description: The L3 Warrior Night vision scope can be attached quickly to the rifle to allow for enhanced vision during night time operations. It works in conjunction with the rifle’s optics for improved vision.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Infrared Sighting Systems: A device attached to a firearm to aid in target acquisition. Unlike optical and iron sights where the user looks through the device to aim at the target, laser sights project a beam onto the target that provides a visual reference point. This device is used in conjunction with NVD’s to aid in rapid and accurate target acquisition.

Capability / Usage: This equipment, when combined with NVD’s, provide the user the ability to see an enhanced image during low light conditions or darkness.

The use of this equipment allows for a tactical advantage for officers. It allows officers to obtain accurate and rapid target acquisition especially when operating in a multitude of low light or dark environments. Most SWAT operations occur at night or are conducted in low light environments. Having NVD’s in conjunction with infrared sighting systems allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVD’s combined with infrared sighting systems are extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. Infrared sighting systems are to be used exclusively by the SWAT Unit. Night Vision optical enhancement devices combined with infrared sighting systems may be utilized 56

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during tactical missions with approval from the SWAT Commanding Officer or SWAT Executive Officer.

Training Requirements: SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVD’s and infrared sighting systems.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10,000 hours.

The Department currently possesses the following types of infrared sighting systems:

a. MAWL IR Designator (Quantity: 30)
Manufacturer: B.E. Meyers
Description: The MAWL has an IR light and IR laser which work in conjunctions with night vision devices to illuminate and aide in aiming a weapon system.

V. USAGE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH

OTHER LAW ENFORCEMENT AGENCIES

On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day-to-day operational collaboration (i.e., pursuits, investigative unit assistance, joint law enforcement operations, etc.).

In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e., civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply:

A. Department members are required to adhere to the Department’s Military Equipment Procedure and all policies and procedures outlined within the Ontario Police Department’s Policy and Procedures Manual, regardless of operational jurisdiction.

B. Should the Police Department request mutual aid from another law enforcement agency within the City and military equipment is required during the course of the response, the following shall apply:

1. The Ontario Police Department will remain in charge of the overall incident command.

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2. The Incident Commander or designee will brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.

3. The assisting agency will adhere to their respective policies and procedures, particularly those governing the use of military equipment.

4. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission.

VI. APPROVAL OF MILITARY EQUIPMENT BY GOVERNING BODY

A. Pursuant to AB-481 all military equipment acquired and/or in use by the Department shall be approved by the governing body by adopting a military use policy. This approval by the governing body must be granted prior to any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title of the United States Code. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Police Department does not participate in the 1033 Program.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any other means.

B. In seeking approval of the government body for any specified military equipment, the Department shall submit a proposed military equipment use policy to the governing body and make those documents available on the Department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

1. The proposed or final military equipment use policy shall be made publicly available on the Department’s internet website for as long as the military equipment is available for use.

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VII. ANNUAL MILITARY EQUIPMENT REPORT

A. Pursuant to AB-481, the Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The Commanding Officer or their designee shall be responsible for the preparation and submission of the annual military equipment report. The annual military equipment report shall, at a minimum, include the following information for the immediate previous calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, consistent with state law employee privacy restrictions.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

B. Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

C. The City Council will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the City Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance.

VIII. MILITARY EQUIPMENT USAGE ACCOUNTABILITY

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A. The use of military equipment is subject to individual Department Policies and Procedures, and is restricted for use only in certain instances and in some cases, only by certain units. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.

B. Department members are bound to adhere to Department Policies and Procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions.

C. Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with department policy. These investigations may be subject to review by the Office of the Chief of Police to ensure that compliance with this military equipment procedure is maintained.

D. Any corrective action or discipline imposed as a result of a violation of this Department Procedure will be administered in accordance with the department policy, relevant employee organization memorandum of understanding (MOU), Civil Service Rules, and state law.

IX. MILITARY EQUIPMENT MAINTENANCE AND INVENTORY

All military equipment shall be maintained and inventoried in accordance with department policy.

X. MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES

In some instances, the application and use of military equipment can cause questions and/or concerns for members of the community. It is of vital importance that community members’ questions regarding the application and use of military equipment are addressed.

The Police Department is committed to full and fair investigation of citizen complaints.

As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

A. Complaints directly related to the application or use of military equipment shall be handled in accordance with department policy.

B. The Police Department values open communication and transparency. Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner:
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1. Via the Department internet website where the public can email specific military equipment related questions to the Department.

2. At pre-determined Community Engagement Meetings related to military equipment.

3. At City-Council Meetings related to military equipment.

4. In all other circumstances, the public should be directed to the Department Military Equipment Procedure and Annual Military Equipment Report available on the Department’s internet website.

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MILITARY PROCEDURE APPENDIX – A
FISCAL IMPACT – Fiscal Year 2025 (July 2024 – June 2025)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Loki I $13,600 Varies on Usage
Anafi Thermal $7,439 Varies on Usage
Evo II $1,825 Varies on Usage

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Dragon Runner $46,000 Varies on Usage

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Bearcat G2 (2 Door) $205,568 Varies on Usage
Bearcat G3 (4 Door) $315,835 Varies on Usage
Bearcat G3 (Ramp) $302,609 Varies on Usage
Rook $570,000 Varies on Usage

Equipment Name and
Model / Manufacturer Initial Unit Cost Ongoing Annual Cost FY25 (approximate) SWAT Equipment
Vehicle $271,715 Varies on Usage
CP131 $124,708 Varies on Usage

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Explosive Breaching Kit $3,850 $202,010 (total SWAT equipment budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Remington 870 Breaching
Shotgun $800 Each $121,390 (total ammo budget)
TKO 12 Gauge Breaching
Shotgun Rounds $8.15 Per Box (6) $121,390 (total ammo budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Windrunner .50 cal $7,144 Varies on Usage
Match Ammunition - .50
BMG .510” 750 grain $59 Per Box (10) $121,390 (total ammo budget)

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Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) AR-15 Colt LWRC $1,949 Each Varies on Usage
.308 Semi-auto HK91 $3,899 Each Varies on Usage
.308 Tango 51 $7,999 Each Varies on Usage
HK MP5 $3,275 Each Varies on Usage
.380 Sig Sauer 716 $1,350 Each Varies on Usage
Federal FMJ 55 grain $179 Per Case $121,390 (total ammo budget) Gold Dot .223 62 grain $287 Per Case $121,390 (total ammo budget) HSM 750g A-Max .308 $49 Per Box $121,390 (total ammo budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Def Tec Flashbang $38.60 Each $70,150 (total SWAT equipment budget) Def Tec Multi-bang $70.00 Each $70,150 (total SWAT equipment budget) Training Flash Bang $58.50 Each $70,150 (total SWAT equipment budget) Liberty Dynamics Flash
Bang $18,694 Total $70,150 (total SWAT equipment budget) SPEDE Heat $33.05 Each $70,150 (total SWAT equipment budget) 40mm CS Ferret $26.15 Each $70,150 (total SWAT equipment budget) Pocket Tactical CS $28.00 Each $70,150 (total SWAT equipment budget) Maximum HC Smoke $32.60 Each $70,150 (total SWAT equipment budget) 37mm Foam Baton $24.50 Each $70,150 (total SWAT equipment budget) 40mm Skat Shell $40.65 Each $70,150 (total SWAT equipment budget) Instantaneous Blast CS $54.60 Each $70,150 (total SWAT equipment budget) Pocket Tactical Smoke $32.60 Each $70,150 (total SWAT equipment budget) CS Flameless Tri
Chamber $46.25 Each $70,150 (total SWAT equipment budget) CS Triple Chaser $46.25 Each $70,150 (total SWAT equipment budget) 40mm Muzzle Blast CS $26.75 Each $70,150 (total SWAT equipment budget) Gas Ram $3,250 Each $70,150 (total SWAT equipment budget) Burn Safe $155.40 Each $70,150 (total SWAT equipment budget) Tippman FTC $499 Each $14,127 (Department equipment budget) PepperBall Live $899 Box $14,127 (Department equipment budget) PepperBall Glass
Breaker $3.00 Per Round $14,127 (Department equipment budget) PepperBall Inert $300 Per Case $14,127 (Department equipment budget)

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Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Def-Tec 40mm Launcher $985 Each $14,127 (Department equipment budget) LMT 40mm Launcher $985 Each $14,127 (Department equipment budget) LMT – Model 203 $3,299 Each $14,127 (Department equipment budget) Def-Tec 37mm Launcher $884.50 Each $14,127 (Department equipment budget) Def-Tec 40mm Multi-
Launcher $2,369 Each $14,127 (Department equipment budget) eXact iMpact 40mm
Sponge Round $30 Each $14,127 (Department equipment budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Pinnacle Gen3 NODs $6,995 Each Varies on Usage
L3 Warrior Optic $7,999 Each Varies on Usage
MAWL Designator $2,999 Each Varies on Usage

64 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: 4
SUBJECT:

DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO AND

VECTOR CONTROL DISTRICT

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council appoint Mayor Leon to serve as a Board of Trustee on the West Valley Mosquito and Vector Control District for a two-year term.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct ﬁscal impact by taking this action. However, representation and participation in West Valley Mosquito and Vector Control District will help guide policy on matters that may have an impact on the City.

BACKGROUND & ANALYSIS:

The West Valley Mosquito and Vector Control District was founded on December 5, 1983, by the San Bernardino County Board of Supervisors to address mosquito abatement issues. This District is responsible for habitat modiﬁcation for vector reduction, inspection of swimming pools, pre-construction vector surveys, inspection for mosquitos, honeybee hive removal in vegetation and non-structural areas, and inspection for rodents.

Each City has an appointed person serving on the Board of Trustees while the County has an at- large representative. The Board of Trustees are oﬃcials appointed by their respective city councils to govern the West Valley Mosquito and Vector Control District. Mayor Paul Leon is the Ontario representative to this Board and his term is set to expire on January 1, 2025. Mayor Leon has been a conscientious Board member, and it is requested by the West Valley Mosquito and Vector Control District that he be reappointed to a two-year term.
65 Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 14, TITLE 8 OF THE

ONTARIO MUNICIPAL CODE TITLED HISTORIC BUILDING CODE, EXISTING BUILDING CODE AND REFERENCED STANDARDS ESTABLISHING SECTION 8-14.04

ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS

CITY OF ONTARIO
Agenda Report
December 17, 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
FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On December 3, 2024, the City Council introduced and waived further reading of an Ordinance Approving the Development Code Amendment. On June 18, 2024, the City Council adopted an Ordinance approving a Development Code Amendment which established the Historic Preservation- Adaptive Reuse Plan. To work in concert with the approved Development Code Amendment, staﬀ has initiated a Municipal Code Amendment to allow for the establishment of alternative building standards for adaptive reuse projects (or change of building classiﬁcation/occupancy). The proposed amendment will further target adaptive reuse of designated historic buildings to multiple-family residential, oﬃce, commercial, work/live, or retail while removing construction barriers related to zoning, building, and ﬁre code compliance. In turn, the adaptive reuse program will further incentivize preservation of historically signiﬁcant resources, streamline the review and approval process by waiving the development plan review, reduce underutilized sites, reduce demolition, and foster sustainable community development.

Adaptive reuse programs rely upon the California Historic Building Code, California Existing Building Code, and California Health and Safety Code to provide the authority for the Building Oﬃcial and Fire Marshal to consider alternative building standards and methods of construction while ensuring adequate health and safety protections for the new use. 66 The following Amendment is described as follows:
8-14.04.01 Purpose.

The Historic Preservation- Adaptive Reuse Plan in Title 9 Development Code expanded the scope of eligible and underutilized buildings or structures that have great potential to be converted into new uses or occupancy that can beneﬁt from relief of parking standards, setbacks and zoning height limitations. However, key to the success of the Adaptive Reuse Plan relies on the ability of the Building Oﬃcial and Fire Marshal to eﬀectively use their authority to grant code modiﬁcation or alternative materials, design and methods of construction and equipment to address practical difficulties involved in complying with the strict provisions of the code or consider alternative design or methods not speciﬁcally prescribed in the code. Other statutory regulations such as the California Historic Building Code adopted in Chapter 14, Section 8-14.01 and the California Existing Building Code adopted in Section 8-14.02, including Government Code Sections 17958.11 and 19957 of the California Health and Safety Code, provides the Building Oﬃcial and Fire Marshal with the ability to consider other alternative building standards. Therefore, the purpose of this chapter is to amend, expand, establish and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.

8-14.04.02 Applicability.

Projects that meet the deﬁnition and applicable requirements of an adaptive reuse project pursuant to Title 9 Development Code may be permitted to use the alternative building standards of this chapter.
8-14.04.03 Adaptive Reuse Technical Manual.

A. Although other chapters or sections of the Ontario Municipal Code and the most recently adopted edition of the California Building Standards Codes are applicable to new construction or a change of use or occupancy, the use of the Adaptive Reuse Technical Manual, which includes Alternative Building Materials and Methods, may be permitted to provide alternative regulations for adaptive reuse projects that meet the applicability requirement of Section 8-14.04.02.

B. The Building Oﬃcial and Fire Marshal shall prepare, maintain, and update, as deemed necessary and appropriate, the Adaptive Reuse Technical Manual (Exhibit A) and shall include technical information and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this chapter.

C. The Building Oﬃcial and Fire Marshal shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of this chapter. 67 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 8-14.04, ALTERNATIVE BUILDING

STANDARDS FOR ADAPTIVE REUSE PROJECTS , AND MAKING
FINDINGS IN SUPPORT THEREOF.

WHEREAS, the California Historic Building Code (CHBC), the California Building Code (CBC) Chapter 34, the California Existing Building Code (CEBC) Part 10, and the California Health and Safety Code (CHSC)Section 17958.11 and Section 19957 provide the Building Official and Fire Marshal with the ability to consider alternative building standards while ensuring adequate health and safety protections; and
WHEREAS, the City desires to target adaptive reuse (or change of building classification/occupancy) of designated historic buildings to multiple -family residential, office, commercial, work/live, or retail while removing construction barriers related to zoning, building, and fire code compliance; and WHEREAS, adaptive reuse will further incentivize preservation of historically significant resources, streamline the review and approval process by waiving the development plan review, reduce underutilized sites, reduce demolition, and foster sustainable community development; and
WHEREAS, adaptive reuse rel ies upon the California Historic Building Code, International Existing Building Code, and California Health and Safety Code to provide the authority for the Building Official and Fire Marshal to consider alternative building standards and methods of construction while ensuring adequate health and safety protections for the new use; and
WHEREAS, the Fire Marshal, Building Official and Planning Director may approve alternative materials and methods finding that special difficulties observed in an existing building make the strict letter of the local codes impractical and the alternative is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements; and WHEREAS, the City held a public hearing on December 3, 2024, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
68 SECTION 1. Findings. The City Council hereby finds that the proposed Amendment is necessary to expand, establish, and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.

SECTION 2. Amendment. Chapter 14 , Historic Building Code, Existing Building Code and Referenced Standards , of Title 8 of the Ontario Municipal Code is hereby amended to add Section 8 -14.04, Alternative Building Standards for Adaptive Reuse Projects, to read as follows:
8-14.04.01 – Purpose. The Historic Preservation - Adaptive Reuse Plan in Title 9 Development Code expanded the scope of eligible and underutilized buildings or structures that have great potential to be conv erted into new uses or occupancy that can benefit from relief of parking standards, setbacks and zoning height limitations. However, key to the success of the Adaptive Reuse Plan relies on the ability of the Building Official and Fire Marshal to effectively use their authority to grant code modification or alternative materials, design and methods of construction and equipment to address practical difficulties involved in complying with the strict provisions of the code or consider alternative design or met hods not specifically prescribed in the code. Other statutory regulations such as the California Historic Building Code adopted in Chapter 14, Section 8 -14.01 and the California Existing Building Code adopted in Section 8 -14.02, including Government Code Sections 17958.11 and 19957 of the California Health and Safety Code, provides the Building Official and Fire Marshal with the ability to consider other alternative building standards. Therefore, the purpose of this chapter is to amend, expand, establish an d clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.
8-14.04.02 – Applicability. Projects that meet the definition and applicable requirements of an adaptive reuse project pursuant to Title 9 Development Code may be permitted to use the alternative building standards of this chapter. 8-14.04.03- Adaptive Reuse Technical Manual.
(A) Although other chapters or sections of the Ontario Municipal Code and the most recently adopted edition of the California Building Standards Code are applicable to new construction or a change of use or occupancy, the use of the Adaptive Reuse Technical Manual, which includes Alternative Building Materials and Methods, may be permitted to provide alternative regulations for adaptive reuse projects that meet the applicability requirement of Section 8-14.04.02.
(B) The Building Official and Fire Marshal shall prepare, maintain, and update, as deemed necessary and appropriate, the Adaptive Reuse 69 Technical Manual and shall include technical information and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this chapter. (C) The Building Official and Fire Marshal shall develop, as deemed necessary and appropriate, in cooperation wit h other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of this chapter.

SECTION 3. Filing of Ordinance. The Building Official shall transmit a copy of this Ordinance for filing to the State of California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. One copy of the Ontario Building Code shall be placed on file in the Office of the City Clerk and is hereby adopted and made a part of this Chapter as if fully set forth at length herein.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance , or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 5. CEQA. The City Council finds that the changes made to the California Building Code and the International Building Code are enacted to mitigate threats to public peace, health and safety from earthquakes, high winds and fire.

Moreover, the amendments are substantially similar to those provisions previously enacted and contained in the current version of the City's Building Code. Therefore, it can be seen with certainty that the adoption of this Ordinance will no t have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 6. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
70 PASSED, APPROVED, AND ADOPTED this 17th day of December 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
71 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 Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held December 3, 2024 and adopted at the regular meeting held December 17, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
72 Adaptive Reuse
Technical Manual
Draft- October 2024
73 Section Description

TABLE OF CONTENTS
1 Introduction
2 General Applicability
3 Adaptive Reuse Plan Area
4 Process
5 Development Standards and Incentives
6 Design Consideration
Page

A Definitions
B Empowering Legislation and Codes
2 3
6 7
10 12
19 21
Due Diligence
Preliminary Review Discussion
Determination of Adaptive
Reuse
Conceptual Plan Review
Plan Check
Construction and Inspection
Certificate of Occupancy
Appendix
Old City Hall
(Local Landmark No. 2)
Ontario Museum of History & Art
(Local Landmark No. 2)
74 Section 1
Introduction

Adaptive reuse is the process of
reconﬁguring or remodeling a
building or site to accommodate
a new use or a purpose other
than for what it was originally
designed, thereby reducing
environmental impacts.

An Adaptive Reuse Plan recognizes the
economic, environmental, and cultural value of
preserving historic landmark buildings and
structures; provides a framework for sustainable
development; and offers a clear process to
review a variety of projects resulting in a range
of new uses. The City seeks to encourage
adaptive reuse by streamlining the plan check
process and allowing greater flexibility to better
serve the needs of the evolving community.

By reusing an existing building, the energy
required to create these spaces, the material
waste generated from the tenant improvement,
and the use of new materials are lessened. The
revitalization of buildings through reuse or
repurposing also helps to stabilize
neighborhoods and preserve the City’s historic
character and architecture, reduce the
environmental impacts and costs associated
with new construction, and enhance economic
growth with new housing and employment
opportunities. Communities further benefit
from the added values of context, culture,
history, and ambiance resulting in true
community redevelopment and sustainability.

This Adaptive Reuse Plan Technical Manual
(Manual) is based on interpretations of the
California Building Standard Codes and serves as
a guideline to clarify certain aspects of adaptiv e
reuse projects. It is not intended to be an all -
inclusive Handbook. Further, the provisions of
this Manual are only applicable to adaptive reuse
projects identified by the Planning Director,
Building Official, and Fire Marshal, and do not
reduce the applicability of the California Building
Standards Codes for new projects.

The City reserves the right to update this Manual
as deemed necessary.

Restaurant (2024)
Bank of Italy Building
(Local Landmark No. 86)
75 Section 2
General Applicability

Qualiﬁcation for adaptive reuse
is determined on an individual
basis with the understanding
that each project is unique and
requires speciﬁc attention.

The Alternative Building Standards contained in
the Ontario Building Standards Code ( or City of
Ontario Municipal Code, Volume II, Title 8,
Building Regulations) support the goals of the
Adaptive Reuse Plans and were incorporated
into the triennial buildin g code update under
Ordinance ORD XXX, as approved by the City
Council on XXX, and effective on XXX.

The Ontario Development Codes standards were
incorporated to define land use and provide
guidance for the use of existing building setbacks
and height, as well as parking and other
development standards (detailed in Section 5 of
this Manual). These Development Standards
were incorporated into Chapters 2, 4 and 7
under of the Ontario Development Code (or City
of Ontario Municipal Code, Volume II, Title 9,
Development Code) Ordinance 03278, as
approved by the City Council on June 18, 2024.

Key to the success of an Adaptive Reuse Plan is
the ability of the Planning Director, Building
Official, and Fire Marshal to effectively use their
authority to grant code modifications or the use
of alternate materials, design and methods of
construction, and equipment to address
practical difficulties involved in complying with
the strict provisions of the Code. Other statutory
regulations, such as the California Historic
Building Code (CHBC), the California Building
Code (CBC) Chapter 34, the California Existing
Building Code (CEBC), and the California Health
and Safety Code (CHSC) provide the Building
Official and Fire Marshal with the abilit y to
consider alternative building standards while
ensuring adequate health and safety
protections. In addition, the ability of the
Planning Director to grant relief from parking
standards, setbacks, and height limitations on
existing buildings and structu res further
contributes to this goal.

INTENT
Although the California Building Standards Code
and the Ontario Building Standards Code are
applicable to new construction, or change of use
or occupancy, it is the intent of this Manual to
provide alternative approaches to mandated
Codes that will permit adaptive reuse and still
provide minimum requirements to safeguard the
public health, safety, and welfare of the building
occupants.

APPLICABILITY
Nothing in this Manual shall be construed to
allow an existing building, or portion thereof, to
be altered such that the building becomes less
safe than its existing condition. Where such
existing elements, seismic or life safety, provide
a greater level of protection than the minimum
requirement of the Code or th is Manual, those
elements shall not be reduced.

New construction, addition, repair, or
maintenance not associated with a change of use
or occupancy classification and projects that do
not qualify as an adaptive reuse project are
beyond the scope of this M anual. Other Titles,
Chapters or Sections of the Ontario Municipal
Code, and the most recently adopted edition of
the California Building Standards Code , shall
apply, where applicable.

Projects that qualify as an adaptive reuse
project, pursuant to Sectio n 5 of this Manual,
may also be permitted to use Section 6 of this
Manual. In addition, the alteration, addition or
3 2 76

change of use or occupancy, or portions thereof,
shall comply or be made to comply with all the
applicable requirements for the construction of
a new building of the same use or occupancy,
except as provided for in this Manual.

The State of California Department of Housing
and Community Development has interpreted
that for private multi- family dwellings built and
occupied before March 13, 1991, adaptive reuse
alterations in such buildings (including change of
use) shall be maintained in compliance with the
accessibility standards in effect at the time of
construction. This means existing floors of a
multi-family dwelling that goes through non -
structural upgrades are not considered “newly
constructed covered multi-family dwellings” and
may not have to comply with the accessibility
requirements for new construction.

BUILDING INFRASTRUCTURE (ELECTRICAL,

PLUMBING AND MECHANICAL)
Upgrading a building’s electrical, plumbing, and
mechanical system as part of an adaptive reuse
project may be necessary since a building’s
infrastructure life span is normally 30 years.

Electrical, plumbing, and mechanical system
changes shall meet the new code unless the
Building Official approves a code modification or
if the building is a qualified historical building or
property.

Artist Lofts and Gallery
4 Old Post Office
(Local Landmark No. 38)
77 5
Ford Citrus Motors (Circa 1980s)

Retail & Office (2023)
78 Section 3
Adaptive Reuse Plan Area

The purpose of this section is to
provide a general overview of
the area within the City that
allows adaptive reuse.

Adaptive Reuse Plan approval shall allow for
those land uses identified in Table 5.02 -1 (Land
Use Matrix) of th e Ontario Development Code
(ODC) which allows for a broad range of land
uses of the underlying zoning district in which
the site is located. However, no new uses that
emit noxious odors or excessive noise shall be
allowed, unless it can be demonstrated to the
satisfaction of the Planning Director that the use
will not cause adverse impacts to nearby
residential land uses.

Qualifying buildings include those listed on the
National Register of Historic Places, the
California Register of Historic Resources, or the
Ontario Register of Historic Resources , as
designated local landmarks, or contributors to
designated local historic districts located within
the Adaptive Reuse Plan Area.

Adaptive Reuse Plan Area (Figure 3.1) consists of
the City’s original downtown, and extends north
to include the historic districts adjacent to Euclid
Avenue, the boundary of which is as follows:

Beginning at the intersection of the centerlines
of State Street and San Antonio Avenue, thence
north to the northernmost city boundary, thence
east to the centerline of Sultana Avenue, thence
south to the centerline of I Street, thence east to
the centerline of Campus Avenue, thence south
to the centerline of State Street, thence west to
the point of beginning.

6 Figure 3.1 – Adaptive Reuse Plan Area
6 79

Section 4
Process

Adaptive reuse projects can be
rewarding and serve many
useful purposes. These projects
require a comprehensive review
and are not to be undertaken
lightly.

Ontario Development services staff examines
the qualification for adaptive reuse on an
individual basis with the understanding that
each project is unique and requires specific
attention. To qualify, a project must involve a
substantial change of use from a building
perspective. Specifically, projects will require a
change of use and building classification
(occupancy) from office or commercial to
residential, industrial to work/live, residential to
office or commercial, or assembly to residential,
office or commercial. Adaptive reuse does not
pertain to minor alterations to an existing
structure or the use of a current building or
facility for a similar purpose.

Each project is also required to conform to
Section 4.03.010: Historic Preservation Adaptive
Reuse Plan of the ODC which identifies existing
development standards and addresses all
further policies and procedures for adaptive
reuse projects.

The primary purpose of this Manual is to provide
guidance to architects, engineers, and designers
to aid in developing creative mitigation
measures based on the building deficiencies
and/or structural performance levels; therefore,
it is to be expected that the plan check process
will require more iterations of review than new
construction projects. In addition, it is to be
expected that new or unusual issues might come
up during the plan check process.

PROCESS OVERVIEW
Adaptive reuse projects can be rewarding and
serve many useful purposes. These projects are
not to be undertaken lightly and require a higher
level of expertise to be successful. The effective
adaptive reuse of buildings requires:
• Code expertise – to take advantage of
proper provisions of the Ontario
Municipal Code and Building Codes
where applicable.

• Structural background – to evaluate
existing building conditions, strengths,
and weaknesses, and use the
opportunity to propose structural
strengthening that meets the codes.

• Speciﬁc working expertise – Adaptive
reuse projects require special expertise
by architectural historians, architects,
and design professionals that meet the
minimum qualifications standards of The
Secretary of the interior Professional
Qualifications (Code of Federal
Regulations, 36 CFR Part 61).

• The Planning Director, Building Official,
and Fire Marsh al shall also be flexible
and allow creative solutions to building
codes that do not waive or relax fire and
life safety issues.

The following steps have been designed to help
applicants navigate through the adaptive reuse
process:

1. Due Diligence
It is crucial to complete a comprehensive review
before purchasing or making any modifications
to an existing building when it pertains to an
adaptive reuse project. This investigative phase
is critical and typically requires a detailed
inspection by trained and licensed professionals.
7 80

Property Ownership - Existing buildings
sometimes demonstrate complicated issues
such as addressing, property line, and ownership
issues that must be addressed prior to any new
project permitting.

Utilities and Existing Bui lding Infrastructure -
Existing buildings may also be limited as far as
the capacity of the electrical, water, gas, and
sewer services. Upgrading of water, sewer, gas,
and electrical services are normally costly items
and can impact an adaptive reuse project.

2. Preliminary Review Discussion
After the building has been thoroughly assessed,
it is time to develop conceptual designs,
narrative descriptions about the project, pro
forma financial analysis, and other similar
evaluations for the site. Looking at th e project
from various perspectives will eventually help
shape the successful proposal.

While most of this effort will be undertaken by
the developer, City staff are available to discuss
options, identify possible concerns or
limitations, and the best use for the proposed
project. Establishing contact with the Planning
Department early in the conceptual
development is highly encouraged.

3. Determination of Adaptive Reuse
The determination of adaptive reuse is at the
discretion of the Planning Director, Building
Official, and Fire Marshal. For instance, the
conversion of a commercial building to another
form of commercial use or the conversion from
retail to restaurant are examples of project types
that typically would not qualify as adaptive reuse
projects and would not be able to take
advantage of the provisions in this Manual.

Determination that the proposed project in
conceptual review is an adaptive reuse plan shall
be provided by the City in writing in the form of
a letter to the applicant. This letter shall be
included in subsequent plan sets and review
process submittals, along with any conditions of
approval that may result from the Site Plan
Review or plan check process.

4. Conceptual Plan Review
Upon submittal of a complete Adaptive Reuse
Plan application to the Planning Department, the
City will review the adaptive reuse project for
overall design, exterior materials, internal flow,
zoning requirements, and many other factors to
ensure that the project meets the requirements
and will result in a functional and attractive
addition to the City.

The review may require preparation of a Historic
Structure Report by an architect, structural
engineer, and historian to identify existing
conditions, constraints, and opportunities to
develop a framework for design strategies. Plans
for review shall include a structural analysis of
building components, MEP and HVAC systems,
clear lanes of egress, sprinkler alarm systems,
and hood system, if a kitchen is proposed.

Alternative Materials and Method requests shall
be made at this time to the Building Official and
Fire Marshal, if necessary, to achieved desired
outcome. Additionally, the City may require a
site visit with the project team and owner.

5. Plan Check
Once the Adaptive Reuse Plan has been
approved, the project is ready to be submitted
for Plan Check. The review at this stage focuses
on compliance with the Ontario Building
Standards Code.

6. Construction and Inspection
Adaptive reuse projects are complex and
challenging. Even if all the above steps are
completed, given the nature of existing
buildings, especially his toric structures,
unforeseen complexities are to be expected
during construction. Because of this, a more
involved and frequent inspection process, field
8 81

changes, or modification to construction
drawings are likely.

Regular communication with the building
inspector during construction will be vital to
ensure that potential delays are minimized or
reduced.

7. Certiﬁcate of Occupancy
At the completion of construction, the Building
Department will issue a Certificate of Occupancy
allowing the adaptively reused building to be
used for its new purpose.

Section 5
9 Restaurant (2017)
Ontario Laundry Company
(Local Landmark No. 6)
82 Development Standards
and Incentives

Adaptive reuse projects involve
thorough planning
considerations and
are subject to Special
Development Standards.

Adaptive Reuse Plans will be evaluated and is
subject to the following pursuant to Chapter 4
(Permits, Actions and Decisions) of the Ontario
Development Code:

Land Use. The intent of adaptive reuse is to allow
conversion of existing structures into new land
uses that maintain or enhance the character of a
neighborhood or district, extend the life of the
building, reduce use of new construction
materials, reduce construction waste generated,
and provide additional employment or housing
opportunities in appropriate and compatible
locations.

Adaptive Reuse projects permitted pursuant to
this subdivision shall be developed in compliance
with the following standards:

Minimum Dwelling Units. Adaptive reuse
projects that propose residential shall develop
no less than 3 units. The minimum floor area for
new dwelling units and joint living and work
quarters shall be 450 square feet. Floor area shall
not include hallways or other common areas,
rooftops, balconies, terraces, fire escapes, or
other projections or surfaces exterior to the
walls of the building. The floor area of both the
living space and the workspace shall be
combined to determine the size of joint living
and work quarters. The average floor area, as
defined above, of all the dwelling units and joint
living and work quart ers in the building,
including those that existed prior to the effective
date of this ordinance, shall be a minimum of 750
square feet. That minimum average size shall be
maintained and not reduced.

Storefront. The ground floor of an existing
multiple level commercial building shall contain
street frontage and shall be used as a
commercial storefront. Residential on grade may
occur at the rear of the building behind the
storefront.

Exterior or Interior (Public Space) Alterations. A
Certificate of Appropriateness pursuant to
Section 4.02.050: Historic Preservation —
Certificates of Appropriateness and Demolition
of Historic Resources is required for any
alteration, addition, restoration, rehabilitation,
remodeling, relocation, repainting, and/or
resurfacing of an historic resource.

Other Provisions. Floor Area Ratio (FAR),
Landscaping, Lot Coverage, and any other
development standard of the underlying zone
may be waived.

The Planning Director may grant the following
departures from certain development standards
and requirements to incentivize qualified
Adaptive Reuse Plans:

Development Plan Waived. Approved Adaptive
Reuse Plans, which may allow for new additions
up to 25 percent of the existing building floor
area and is not visible from the public right -of-
way, shall be exempt for the requirements for
Development Plan review set forth in Section

4.02.025.

Mezzanines. Loft spaces in joint living and work
quarters, dwelling units and guest rooms which
do not exceed more than 33 percent of the floor
area of the space below shall not be considered
new floor area. Mezzanines may be included in
the calculation of floor area for the purpose of
determining compliance with the standards.

Parking Reduction. New parking spaces shall not
be required for any converted use within the
10 83

existing footprint of the building, but expansions
of floor area shall require one parking space per
bedroom or 1 parking space per 250 square feet
of gross floor area for office or commercial.

Setbacks. Existing building setbacks may remain
and shall be considered legally nonconforming,
but no further encroachments shall be permitted
into any nonconforming setback.

Increases in Maximum Building Height . The
height of the structure, if it exceeds the
maximum height of the zoning district, may
remain, and shall be considered legally
nonconforming. Any rooftop construction
needed for drainage, ventilation, utilities, or
passive recreation shall be included within the
height exemption. This height exemption does
not include new residential or commercial floor
area.

Open Space. Private open space for residential
adaptive reuse pro jects may be waived when it
is determined by the Approving Authority that
the requirement would result in exterior
alterations to the existing building that would
result in an adverse impact to a historic resource.

A minimum of 100 square feet of common open
space per residential unit or 25 percent of the
building square footage, whichever is less, shall
be required and may be provided on the rooftop
of the building or within the building and include
various type of indoor amenities such as fitness
center, workstations, playrooms, etc.

Loading Zone. A new loading zone shall not be
required if the existing building does not have an
existing loading zone.

Environmental. Environmental issues can
introduce daunting challenges in adaptive reuse
projects. Existing buildings can sometimes
demonstrate complicated or deficient building
configurations or involve property
contamination, such as asbestos, lead, or
underground tanks or utilities, that limit certain
types or prohibit all types of occupancy.

Preparation of CEQA /NEPA clearances, such as
an Environmental Impact Report or Historic
Structures Report, and some project- specific
mitigation measures may be required before any
adaptive reuse can be contemplated.

In approving an Adaptive Reuse Plan, the
Planning Director may impose certain safeguards
and standards to ensure that the purposes of the
Ontario Development Code are maintained;
ensure that the permit will not endanger the
public health, safety or general welfare; ensure
that the permit will not result in any significant
environmental impacts; ensure that the permit
will be in harmony with the area in which it is
located; and ensure that the permit will be in
conformity with The Ontario Plan (general plan)
and any applicable specific and/or area plan(s).

An Adaptive Reuse Plan, or any amendment
thereto, shall be acted upon by the Approving
Authority based upon the information provided
in the submitted application, evidence
presented in the Planning Department’s written
report, only after considering and clearly
establishing all the below -listed findings, and
giving supporting reasons for each finding. The
application shall be denied if one or more of the
below-listed findings cannot be clearly
established:

1. That the use(s) of the property will not
be detrimental to the public health, safety and
general welfare surrounding the project
location;

2. That the Adaptive Reuse Project
complies with the standards set forth in Section

4.03.010, Historic Preservation — Adaptive
Reuse Plan; and

3. A Certificate of Appropriateness has
been approved or Waived for the Adaptive
Reuse Plan.

11 84

Section 6
Design Consideration

The purpose of this section is to
provide alternative building
standards pursuant to building
and ﬁre regulations.

The following alternatives may be applied to all
existing buildings eligible as adaptive reuse
projects.

BUILDING STRUCTURE

The California Building Codes (CBC) requires an
existing building that undergoes a change of use
or occupancy that results in it being reclassified
to a higher risk category, as defined in CBC Table
1604.5, to meet the seismic requirements of the
CBC. Where additions or alterations to an
existing building cause an increase in design
gravity load of more than five percent (5%) or a
decrease in gravity load -carrying capacity, the
existing gravity load-carrying structural elements
shall be designed to meet the structural
requirements for new construction. Where
additions or alterations to an existing building
cause an increase in design lateral load of more
than ten percent (10%) demand - capacity ratio
or a decrease in lateral load -carrying capacity,
the existing lateral load -carrying structural
elements shall be designed to meet the seismic
requirements for new construction. Whenever
any of the conditions above are not applicable,
then a required seismic or structural upgrade of
the existing structural elements will not be
mandated to comply with the requirements for
new construction.

All voluntary (non -mandated) seismic
improvements are permitted to be evaluated
under the provisions of the CBC for the design of
strengthening existing structural elements.

Alternatively, the Building Official may permit
the use of other structural design standards,
such as the ASCE/SEI 7-16 Seismic Rehabilitation
of Existing Buildings, to evaluate an existing
building and the design of strengthening existing
structural elements. All new structural elements
shall meet the requirements for new
construction.

Any structural or seismic upgrades to existing
buildings mandated by City ordinances, or State
laws, or statutes shall apply.

Performance-based engineering analysis and
design procedures may be used to evaluate an
Existing Building and the design of strengthening
elements when approved by the Building
Official. All existing structural elements of an
Existing Building shall be strengthened to meet
the minimum design analysis as specified in the
CBC Chapters 16 or new structural elements shall
be added when required.

BUILDING ARCHITECTUAL ELEMENTS &

MATERIALS

Exterior Wall Construction. The existing exterior
wall construction of an existing building may be
maintained without complying with the f ire-
resistance rating requirements of the CBC
Chapter 6 if approved by the Building Official and
Fire Marshal. Any addition or alteration to th e
existing exterior wall construction of an existing
building shall be made to comply with the
requirements for new construction.

Exterior Opening Protection. Existing
unprotected openings in the exterior walls of an
existing building based on fire separation
distance where a change of use or occupancy
occurs shall comply with the requirements for
new construction.

Existing openings in the exterior walls of an
existing building that are not allowed by the CBC
§705.8 due to their proximity to the property
lines may not be used to satisfy other code
requirements including, but not limited to, light
and ventilation, smo ke control, or emergency
escape.
12 85

New unprotected openings or alteration of
existing openings in the exterior walls of an
existing building shall be made to comply with
the requirements for new construction.

Exception: In lieu of Items above, a code
modification to allow unprotected openings in
the exterior walls of an existing building based
on fire separation distance or proximity to an
exit may be considered in the following cases:

a. Existing unprotected openings may be
maintained without complying wit h the
requirements of the CBC 705.8 provided
the existing openings are protected with
an approved water curtain designed to
the satisfaction of the Building Official
and Fire Marshal.

b. Unprotected openings within 10 feet of
the fire escape or fire escape ladder may
be maintained provided the openings
are protected with an approved water
curtain designed to the satisfaction of
the Building Official and Fire Marshal.

c. Unprotected openings may be provided
without complying with the
requirements for new cons truction
when equivalent materials or methods
are provided to mitigate the potential
fire-life safety hazard if approved by the
Building Official and Fire Marshal.

MEANS OF EGRESS

Exit Stairways. Due to the fact that floor-to-floor
height in buildings are established and modifying
the rise and run of stairways may not be
physically possible or make the project not
feasible, the Building Official and Fire Marshal
will consider suggestions by the design
professionals to address the following: numbe r,
dimensions, clearances for the stairs ways, rise
and runs, landing clearances, loading and other
possible compliance deviations with the new
codes. If reasonable upgrades are possible, they
shall be implemented.

Existing stairwells that do not comply with
today’s requirements may be allowed to remain
unaltered at the discretion of the Building
Official and Fire Marshal.

Elevators. Depending upon the nature of the
buildings, high -rise or low -rise elevator
requirements and sizing are different. Existing
building elevators may not need to meet the
current code requirements except when
required to comply with the California Code of
Regulations Title 8, Division 1, Chapter 4, Sub -
chapter 6 – State Elevator Safety Order.

Elevators can be restricted as far as the numbers,
size, capacity, and dimensions, however at a
minimum, shall meet the fire rating and smoke
protection requirements for the shaft. Existing
freight elevators shall not be used as passenger
elevators. In buildings where an existing elevator
cannot meet the minimum dimensions for a
gurney, the Fire Department may utilize a stair
chair.

A new addition, such as an elevator, has the
potential to change a historic property’s
appearance and destroy significant buildings and
landscape features. Thus, all new additions
should be compatible with the size, scale, and
proportions of historic features and materials
that characterize a property. New additions
should be carefully located to minimize
connection points with the historic build ing,
such that if the addition were to be removed in
the future, the essential form and integrity of the
building would remain intact.

Fire Escapes. Maintenance of fire escapes is
essential to assure their usability and safety. Fire
escapes must be clear of obstructions, have clear
access by means of doors and windows, and
have fire resistive opening protective in place. In
addition, the structural integrity of the fire
escape and its anchors to the building structure
must be maintained in good condition.

Exception: A code modification to allow for the
use of an alternative exit may be considered for
an existing fire escape used as one of the
13 86

required exits from the upper floor of an existing
building if it is in good operating condition,
structurally sou nd as certified by a structural
engineer, complies with the CBC §3406, does not
serve as an exit for an assembly use or
occupancy, and is approved by the Building
Official and Fire Marshal.

Rooftops. Newly occupied rooftops or an
increase in the occupant load on an existing
occupied rooftop shall be provided with exits in
compliance with the CBC Chapter 10. At
minimum, any new assembly use with an
occupant load of 50 or more on an existing
rooftop will require at least two means of egress
that do not include the use of fire escapes.

Newly occupied rooftops located 75 feet or more
above the lowest level of Fire Department
vehicle access may be required to comply with
the provisions of the CBC §403, as determined by
the Fire Marshal.

FIRE PROTECTION AND LIFE SAFETY SYSTEMS

Smoke/Carbon Monoxide Alarms. As of January
1, 2013, multi -family dwellings, such as
apartment or condominium buildings, are
required by State law to install carbon monoxide
(CO) alarms. Carbon monoxide alarms are not
required in dwellings that do not contain fuel -
burning appliances, and are totally electric, and
lack an attached garage.

Sprinkler System. Building conversion to light or
heavy industrial occupancy would more than
likely result in changes to the sprinkler system
design. In such conversions, quantity and storage
of hazardous materials shall be considered in
overall project and sprinkler system design.

The purpose of this section is to provide
alternative building standards for the conversion
of existing non-residential buildings, or portions
thereof, to multi-family residential use.

SPECIAL USE OR OCCUPANCY (NON -

RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL)

The change of use or occupancy of an existing
non-residential building, or portion thereof, to
multi-family residential use shall be made to
conform to all the requirements of the CBC
Chapter 5 regarding the allowable building
heights, floor areas, and number of stories.

Exception: A code modification to allow the
change of use or occupancy to multi -family
residential use to be made without conforming
to all the requirements of the CBC Chapter 5
regarding the allowable building height, floor
areas and number of stories may be considered
under the following conditions:

No additional floor area is made to the existing
building.

Additional fire-life safety features are provided
to the satisfaction of the Building Official and Fire
Marshal.

Joint Living and Work Quarters. Joint Living and
Work Quarters (JLWQ) is a type of live/work use,
for occupation by artists, artisans, and si milarly
situated individuals, as allowed by the California
Health and Safety Code §17958.11 . This section
of the Manual shall be applicable only to existing
buildings for which a building permit was issued
prior to May 11, 1998 and located in zones
where live/work use is permitted as an adaptive
reuse project.

Structural Requirements. An existing building to
be converted to JLWQ shall comply with the
following:

a. Occupancy. The change of use or
occupancy of an Existing Building, or portio n
thereof, to a JLWQ may be analyzed for seventy-
five percent (75%) of the Design Earthquake
Ground Motion, as defined in the CBC §1613.2,
and as specified in the CBC §1613 or ASCE 7, but
in no event shall there be a reduction in the
capacity of the existi ng seismic force -resisting
14 87

system where that system provides a greater
level of protection than the minimum
requirements established herein.

b. Mezzanine. The ceiling height above a
mezzanine within each individual JLWQ shall be
permitted to have a height of six (6) feet, six (6)
inches to any existing structural beams or girders
spaced not less than four (4) feet on center.

Mezzanines, lofts, their support s, access,
guardrails and/or enclosures may be of wood
construction in an Existing Building classified as a
Type or Type of Construction.

In addition, an existing building to be converted
to JLWQ shall:

• Post a sign in a conspicuous location at
each entrance to the building. The sign
shall be constructed of durable
weatherproof material.

• Conform to the requirements of the
Ontario Municipal Code Chapter 8.80 –
Noise for Residential Use for noise
levels generated by the residential
units.

• Not contain a use that is hazardous,
based on fire and life safety risk, as
determined by the Building Official/Fire
Marshal, in the non-residential portion.

MEANS OF EGRESS

Exit. Each floor where a change of use or
occupancy occurs shall have access t o a
minimum number of exit stairways that comply
with the CBC Chapter 10 requirements for new
construction.

Exceptions: Each residential unit on the second
floor of an existing building may utilize a folding
or collapsible ladder, listed by a nationally
recognized agency approved by the Building
Official, as a second required exit to the ground
from the window, provided the vertical distance
from the windowsill to the ground is 35 feet or
less. The window shall comply with the
emergency escape and rescue opening
requirements of CBC 1031.

Corridors. Any new corridor shall comply with
the requirements for new construction. Existing
corridor construction may be utilized as an exit
without complying as required for new
construction under the following conditions:

a. Transoms and other glazed openings
fixed in the closed position that are in
good condition may be maintained in an
existing corridor.

b. Existing penetrations or openings in the
existing corridor shall conform to the
requirements of the CBC 714 or 716, as
applicable.

c. Existing doors that are in good condition
and installed with approved smoke
gaskets, self -closing, and latching
devices to prevent smoke penetration
into each individual JLWQ may be
maintained in the existing corridor.

d. No more than thirty-three percent (33%)
of the existing corridor construction may
be repaired or replaced with the same
materials as the existing corridor.

Existing nonconforming fire -resistive walls and
ceiling of an existing corridor constructed of
wood lath and plaster that are in good condition
may be acceptable as equivalent to the required
one-hour fire-resistance rated construction.

Exceptions: Within multi -family residential
buildings, up to and including four stories in
height, a fire sprinkler system may be combined
with the domestic system if approved by the Fire
Marshal where all of the following conditions are
met:

a. The use of a combined system shall
require the approval of the Ontario
Water Department.
15 14
15 88

b. A single two -inch domestic service and
meter shall be installed.

c. A backflow preventer shall be installed
on the domestic water line after the
meter.

d. The fire sprinkler demand, including
inside hose, as required by the NFPA 13
standard, shall be less than 150 GPM.

A residential shut -off valve shall be installed to
automatically close the flow of domestic water
in the event of a fire sprinkler activation. The
valve shall be listed by a natio nally recognized
agency approved by the Fire Marshal for use
with fire sprinkler systems.

RESIDENTIAL USE TO NON-RESIDENTIAL USE

The purpose of this section is to provide
alternative building standards for the conversion
of existing residential buildin gs, or portions
thereof, to non-residential use.

SPECIAL USE OR OCCUPANCY

The change of use or occupancy of an existing
residential building, or portion thereof, to non -
residential use shall be made to conform to all
the requirements of the CBC Chapter 5 regarding
the allowable building heights, floor areas and
number of stories.

Exceptions: A code modification to allow the
change of use or occupancy to non -residential
uses to be made without conforming to all the
requirements of the CBC Chapter 5 regarding the
allowable building height, floor areas and
number of stories may be considered under the
following conditions:

a. No additional floor area is made to the
existing building.

b. Additional fire-life safety features are
provided to the satisfaction of the Building
Official and Fire Marshal.

MEANS OF EGRESS

Exit. Each floor where a change of use or
occupancy occurs shall have access to a
minimum number of exit stairways that comply
with CBC Chapter 10 requirements for new
construction.

FIRE PROTECTION AND LIFE SAFETY SYSTEMS

Fire protection and life safety systems shall be
provided and designed to comply with the CBC
Chapter 9 requirements for new construction.

FIRE PROTECTION AND LIFE SAFETY SYSTEMS

Smoke Control System. A smoke control system
shall be provided.

Fire Alarm System . The fire alarm system shall
be designed as required for a new high -rise
building.

Water Storage Tanks. A secondary water
storage tank is required for existing high -rise
buildings.

Standpipe System. The Standpipe system shall
be designed as an automatic wet combined
standpipe supplied from the fire pump.

Emergency Responder Radio . Emergency
responder radio coverage shall be provided for
the building if a test by the Fire Departmen t
determines that portable radio communication
is ineffective.

Areas of Refuge. Existing high-rises that cannot
accommodate areas of refuge will not be
required to provide them, as well as new
vestibules, however, luminous egress path
markings may be required, based upon the
occupancy.
16 89

Emergency Power System. An emergency power
system shall be provided to supply all fire life
safety systems.

Fire Command Center. A fire command center
shall be provided at a location approved by the
Fire Marshal.

A code modification to allow other existing
nonconforming high -rise building elements or
materials may be obtained if approved by the
Building Official and Fire Marshal.

MIXED-USE BUILDINGS

FIRE PROTECTION AND LIFE SAFETY SYSTEMS

Partially Sprinklered Buildings. When fire
sprinklers are required, they shall be extended
through all new construction areas.

Occupancies. Less intensive use occupancies
typically will not have as many architectural or
structural issues; however, intensive use
occupancies will require more evaluation of the
building and its necessary mitigations. More
intensive uses are the most complicated
scenarios that a design team and jurisdictional
Officials may face. Both parties need to work
very closely from the inception of a project and
develop the necessary improvements for the
project. Examples:

• Conversion of an office building to a
residential building is easier than vice
versa.

• Conversion of an office use to a "B-
occupancy" restaurant is less
complicated than converting an office
space to an "A -occupancy" restaurant
from a fire, life safety, and hazard
standpoint.

Bumstead Bicycles Building
(Local Landmark No. 87)
17 90

18 Chaffey Community
Museum of Arts (2013)
Ontario Power Co. (Built in 1907)
91 Appendix A
Definitions

GENERAL

Scope. Unless otherwise expressly stated, the
following words and terms shall, for the purpose
of this title, have meanings shown in this
chapter.

Interchangeability. Words used in the present
tense include the future; words stated in the
masculine gender incl ude the feminine and
neuter; the singular number includes the plural
and the plural, the singular.

Terms defined in other titles, chapters, or
codes. Where terms are not defined in this title
and are defined in other titles, chapters or codes,
such terms shall have the meanings ascribed to
them as in those titles, chapters, or codes.

Terms not defined. Where terms are not defined
through the methods authorized by this section,
such terms shall have ordinarily accepted
meanings such as the context implies. Webster’s
Third New International Dictionary of the English
Language, Unabridged shall be considered as
providing ordinarily accepted meanings.

DEFINITIONS

“ADAPTIVE REUSE” means a construction or
remodeling project that reconfigures existing
spaces, structures, or buildings to accommodate
a new use or to accommodate another purpose
than what it was originally designed for as
defined in Ontario Municipal Code.

“ARTIST” or “ARTISAN” is a person regularly
engaged in the arts that require a large am ount
of space for the pursuit of their artistic
endeavors and for the storage of materials
therefore, and the products thereof, than are
regularly found in a dwelling. Such a person
engaged in the following activities, including but
not limited to, drawing , painting, sculpture,
filmmaking, new media, photography, and music
may be considered as an artist or artisan as
determined by the Building Official.

“ASCE 7-16” is a referenced standard in the CBC
Chapter 35 titled “Minimum Design Loads for
Buildings and Other Structures” published by the
American Society of Civil Engineers Structural
Engineering Institute.

“CALIFORNIA BUILDING CODE” or “CBC” is
the code in Title 24 of the California Code of
Regulations, Part 2, as adopted in the Ontario
Municipal Code Volume II Title 8, Chapter 1.

“CALIFORNIA BUILDING ENERGY EFFICIENCY
STANDARDS CODE” or “CBEESC” is the code in
Title 24 of the California Code of Regulations,
Part 6, as adopted in the Ontario Municipal Code
Volume II, Title 8, Chapter10.

“CALIFORNIA ELECTRICAL CODE” or “CEC” is
the code in Title 24 of the California Code of
Regulations, Part 3, as adopted in the Ontario
Municipal Code Volume II, Title 8, Chapter 4.

“CALIFORNIA EXISTING BUILDING CODE” or
“CEBC” is the code in Title 24 of the California
Code of Regulations, Part 10 as adopted in the
Ontario Municipal Code Volume II, Title 8,
Chapter 14.

“CALIFORNIA FIRE CODE” or “CFC” is the code in
Title 24 of the California Code of Regulations,
Part 9, as adopted in the Ontario Municipal Code
Volume I Title 4 Chapter 4.

“CALIFORNIA GREEN BUILDING STANDARDS
CODE” or “CGBSC” is the code in Title 24 of the
California Code of Regulations, Part 11, as
adopted in the Ontario Municipal Code Volume
II, Title 8, Chapter 12

“CALIFORNIA HISTORIC BUILDING CODE” or

“CHBC” is the code in Title 24 of the California
Code of Regulations, Part 8, Ontario Municipal
Code Volume II, Title 8, Chapter 14.
19 92

“CALIFORNIA MECHANICAL CODE” or “CMC”
is the code in Titl e 24 of the California Code of
Regulations, Part 4, as adopted in the Ontario
Municipal Code Volume II, Title 8, Chapter 2.

“CALIFORNIA PLUMBING CODE” or “CPC” is
the code in Title 24 of the California Code of
Regulations, Part 5, as adopted in the Ont ario
Municipal Code Volume II, Title 8, Chapter 7

“CITY” means the City of Ontario California.
“JOINT LIVING AND WORK QUARTERS” or

“JLWQ” is a residential occupancy of one or more
rooms or floors used as a dwelling unit that must
contain or be altered to include:
(1) cooking space, (2) sanitary facilities (water
closet, lavatory, and tub or shower), (3) sleeping
room or area, and (4) adequate workspace for
artistic working purposes reserved for, and
regularly used by, one or more artist, artisan or
similarly situated individual residing therein
pursuant to the California Health and Safety
Code §17958.11(a).

“ONTARIO BUILDING STANDARDS CODE” or
“LBBSC” is the code adopted in Volume II, Title 8
of the Ontario Municipal Code.

“ONTARIO MUNICIPAL CODE” means the
Ontario Municipal Code.

"ONTARIO DEVELOPMENT CODE" is the code
adopted in Title 9 of the Ontario Municipal Code.

“NFPA 13” is the National Fire Protection
Association standard reference number for the
Installation of Sprinkler Systems as adopted and
amended in Title 24 of the California Code of
Regulations.

“QUALIFIED HISTORICAL BUILDING OR
PROPERTY" as defined in the California Health
and Safety Code §18955 and in Title 24 of the
California Code of Regulations, Part 8, means
any building, site, object, place, location, district
or collection of structures, and their associated
sites, deemed of importance to the history,
architecture, or culture of any area by an
appropriate local, state, or federal
governmental jurisdiction. This shall include
historical buildings or properties on, or
determined eligible for, national, state, or local
historical registers or inventories, such as the
National Register of Historic Places, California
Register of Historical Resources, State Historical
Landmarks, State Points of Historical Interest,
and city or county registers, inventories, or
surveys of historical or architecturally significant
sites, places, or landmarks.

Restaurant (2023)
Masonic Hall (Local Landmark No. 21)
20 93

Appendix B
Empowering Legislation
and Codes

CALIFORNIA HEALTH AND SAFETY CODE
§17958.11

Any city or county may adopt alternative
building regulations for the conversion of
commercial or industrial buildings, or portions
thereof, to joint living and work quarters. As
used in this section, “joint living and work
quarters” means residential occupancy by
a family maintaining a common household, or
by not more than four unrelated persons, of
one or more rooms or floors in a building
originally designed for industrial or commercial
occupancy which include (1) cooking space and
sanitary facilities in conformance with local
building standards adopted pursuant to
§17958 or 17958.5 and (2) adequate working
space reserved for, and regularly used by, one
or more persons residing therein.

The alternative building regulations adopted
pursuant to this section shall be applicable in
those geographic areas specifically designated
for such occupancy, or as expressly permitted
by a redevelopment plan with respect to a
redevelopment project area. The alternative
building regulations need not impose the same
requirements as regulations adopted pursuant
to §17922, except as otherwise provided in this
section, but in permitting repairs, alterations,
and additions necessary to accommodate joint
living and work quarters, the alternative
building regulations shall impose such
requirements as will, in the determination of
the local governing body, protect the public
health, safety, and welfare.

The Legislature hereby finds and declares that a
substantial number of manufacturing and
commercial buildings in urban areas have lost
manufacturing and commercial tenants to more
modern manufacturing and commercial
premises, and that the untenanted portions of
such buildings constitute a potential resource
capable, when appropriately altered, of
accommodating joint living and work quarters
which would be physically and economically
suitable particularly for use by artists, artisans,
and similarly- situated individuals. The
Legislature further finds that the public will
benefit by making such buildings available for
joint living and work quarters for artists,
artisans, and similarly-situated individuals
because (1) conversion of space to joint living
and work quarters provides a new use for such
buildings contributing to the revitalization of
central city areas, (2) such conversion results in
building improvements and rehabilitation, and
(3) the cultural life of cities and of the state as a
whole is enhanced by the residence in such
cities of large numbers of persons regularly
engaged in the arts.

The Legislature further finds and declares that
(1) persons regularly engaged in the arts require
larger amounts of space for the pursuit of their
artistic endeavors and for the storage of
materials therefor, and of the products thereof,
than are regularly found in dwellings, (2) the
financial remunerations to be obtained from a
career in the arts are generally small, (3)
persons regularly engaged in the arts generally
find it financially difficult to maintain quarters
for their artistic endeavors separate and apart
from their places of residence, (4) high property
values and resulting rental costs make it
particularly difficult for persons regularly
engaged in the arts to obtain the use of the
amount of space required for their work, and
(5) the residential use of such space is accessory
to the primary use of such space as a place of
work.

It is the intent of the Legislature that local
governments have discretion to define
geographic areas which may be utilized for joint
living and work quarters and to establish
standards for such occupancy, consistent with
the needs and conditions peculiar to the local
environment. The Legislature recognizes that
building code regulations applicable to
21 94

residential housing may have to be relaxed to
provide joint living and work quarters in
buildings previously used for commercial or
industrial purposes.

ONTARIO MUNICIPAL CODE

A. General. Whenever there are practical
difficulties involved in carrying out the
provisions of this title, the Building Official and
Fire Marshal shall have the authority to grant
modifications for individual cases, upon the
application of the owner or owner’s
representative, provided the Building Official
and Fire Marshal shall first find that special
individual reason makes the strict letter of this
title impractical and the modification is in
compliance with the intent and purpose of this
title and that such modification does not lessen
health, accessibility, life fire, safety, or
structural requirements. The details of the
action granting modifications shall be recorded
and entered in the building record. A written
application shall be submitted pursuant to ODC
§4.03.01, Historic Preservation Plan- Adaptive
Reuse Plan.

Expiration. The rights and privileges granted by
the Building Official and Fire Marshal shall be
voided if the permit is not secured within 12
months of the date the approval was granted.

Exceptions: The Building Official may grant
extensions of time if a permit applicant submits
in writing substantial evidence that unusual
condition or circumstances precluded the
securing of the permit within the allocated time
or caused the permit to expire.

A. General. The provisions of this title are not
intended to prevent the installation of any
materials or to prohibit any design or method of
construction, any such alternative has been
approved. An alternative material, design or
method of construction shall be approved
where the Building Official finds that the
proposed design is satisfactory and complies
with the intent of the provisions of this title,
and that the material, method or work offered
is, for the purpose intended, at least the
equivalent of that prescribed in this title in
quality, strength, effectiveness, fire resistance,
durability, and safety. The Building Official shall
require that sufficient evidence or proof be
submitted to substantiate any claims that may
be made regarding its use. The details of the
action granting modifications shall be recorded
and entered in the building record. A written
application shall be submitted pursuant to ODC
§4.03.01, Historic Preservation Plan- Adaptive
Reuse Plan.

B. Research reports. Supporting data, where
necessary to assist in the approval of materials
or assemblies not specifically provided for in
this title, shall consist of valid research reports
from approved sources.

C. Test. Whenever there is insufficient evidence
of compliance with the provisions of this title,
or evidence that a material or method does not
conform to the requirements of this title, or in
order to substantiate claims for alternative
materials or methods, the Building Official shall
have the authority to require tests as evidence
of compliance to be made at no expense to the
City. Test methods shall be as specified by this
title or by other recognized test standards. In
the absence of recognized and accepted test
methods, the Building Official shall approve the
test procedures. Tests shall be performed by an
approved agency. Reports of such test shall be
retained by the Building Official for the period
required for retention of public records.

D. Expiration. The rights and privileges granted
by the Building Official shall be voided if the
permit is not secured within 12 months of the
date the approval was granted or if the permit
or plans examination expires.

Exceptions: The Building Official may grant
extensions of time if a permit applicant submits
in writing substantial evidence that unusual
conditions or circumstances precluded the
22 95

securing of the permit within the allocated time
or caused the permit to expire.

Ontario Municipal Code, Section 4.03.01
Historic Preservation Plan- Adaptive Reuse
Plan.

The Adaptive Reuse Plan in Title 9,
Development Code expanded the scope of
eligible and underutilized buildings or structures
that have great potential to be converted into
new uses or occupancy that can benefit from
relief of parking standards, setbacks, height
limitations, etc. However, key to the success of
the Adaptive Reuse Plan relies on the ability of
the Building Official and Fire Marshal to
effectively use their authority to grant code
modification or alternative materials, design
and methods of construction and equipment to
address practical difficulties involved in
complying with the strict provisions of the code
or consider alternative design or methods not
specifically prescribed in the code. Other
statutory regulations such as the most recently
adopted edition of the California Historic
Building Code and the California Existing
Building Code part 10, including the California
Health and Safety Code §17958.11 and §19957,
provides the Building Official and Fire Marshal
with the ability to consider other alternative
building standards. Therefore, the purpose of
this Section is to amend, expand, establish, and
clarify alternative building standards for the
conversion of existing buildings or structures to
accommodate new uses or occupancy for other
purposes than what it was originally designed
for and still provide reasonable use and safety
to the building occupants.

Applicability. Projects that meet the definition
and applicable requirements of an adaptive
reuse project pursuant to Section 4.03.01 may
be permitted to use the alternative building
standards of this chapter.

Adaptive Reuse projects are construction and
remodeling projects that reconfigure existing
spaces within existing buildings to accommodate
a new use or purpose than what it was originally
designed for. Adaptive Reuse projects require a
change of use and bu ilding occupancy from
office or commercial to residential, industrial to
work/live, residential to office or commercial, or
assembly to residential, office or commercial.

Ontario Municipal Code §8-14.04
Alternative Building Standards for Adaptive
Reuse Projects.

Although other chapters or sections of the
Ontario Municipal Code and the most recently
adopted edition of the California Building
Standards Code are applicable to new
construction or a change of use or occupancy,
the use of the Alternative Building Standards for
Adaptive Reuse Projects may be permitted to
provide alternative regulations for adaptive
reuse projects that meet the applicability
requirement of §8-14.04.02.

The Building Official and Fire Marshal shall
prepare, maintain, and update, as deemed
necessary and appropriate, the Alternative
Building Standards for Adaptive Reuse Projects
and shall include technical information and
implementation parameters, alternative
compliance for technical infeasibility, as well as
other rules, requirements and procedures as
the City deem necessary, for implementing the
provisions of this chapter.

The Building Official and Fire Marshal shall
develop, as deemed necessary and appropriate,
in cooperation with other City departments and
stakeholders, informational bulletins, training
manuals and educational materials to assist in
the implementation of this chapter.

CALIFORNIA EXISTING BUILDING CODE, Part 10
(AMENDED BY Ontario Municipal Code §8-

14.02)

CBC Part 10 Conformance. No change shall be
made in the use or occupancy of any building
that would place the building in a different
division of the same group of occupancies or in
23 96

a different group of occupancies, unless such
building is made to comply with the
requirements of this code for such division or
group of occupancies. Subject to the approval
of the Building Official, the use or occupancy of
existing buildings shall be permitted to be
changed and the building is allowed to be
occupied for purposes in other groups without
conforming to all the requirements of this code
for those groups, provided the new or proposed
use is less hazardous, based on life and ire risk,
than the existing use.

Except for groups A, E and I occupancies, which
were constructed prior to January 9, 1934, and
are not within the scope of the Ontario
Municipal Code Chapter, Volume II, Title 8, a
change of occupancy group or division may be
made to another equal or lesser hazard as listed
herein. For the purpose of this section, the
order of least hazardous group to highest
hazardous group is as follows:

Group U (least hazardous group)
Groups R-3 and R-3.1
Group S-2
Groups B, F, L, M, H and S-1 Groups R-1, R-2, R-

2.1 and R-4
Groups A, E and I (highest hazardous group)

Every change of use or increased occupant load
within the same division of an occupancy group
shall require compliance with the provisions of
Chapters 3, 10 and 16 of this code applicable to
the proposed use or increased occupant load if
the Building Official determine that there is an
overall increase in hazard to life, limb, health,
property, or public welfare.

Exceptions:

1. Specific seismic detailing requirements of
CBC §1613 for a new structure shall not be
required to be met where the seismic
performance is shown to be equivalent to that
of a new structure. A demonstration of
equivalence shall consider the regularity,
overstrength, redundancy and ductility of the
structure.

2. When a change of use results in a structure
being reclassified from Risk Category I or II to
Risk Category III and the structure is located
where the seismic coefficient, SDS, is less than

0.33, compliance with the seismic requirements
of CBC §1613 are not required.

24 Emporia Artist Lofts (2004)
97 Ontario City Hall
Community Development Agency
303 East B Street
Ontario, California 91764

Visit us at www.ontarioca.gov
Contact us at 909.395.2000

ADAPTIVE REUSE OF HISTORIC BUILDINGS

Buildings
01 Ontario Laundry Company
02 Frankish Building
03 Emmon’s Building & Granada Theater
04 McCann Block
05 Ontario Power Co. Building
06 Pacific Electric Bus Depot
07 United States Post Office

A list of completed adaptive reuse projects located within the City are shown below.

Designation
06 12
23 26
36 37
67 08 Bank of Italy Building
09 Bumstead Bicycles Building
86 87
10 Retail/Office - Address
06 / 06 / 1995
01 / 20 / 1998
01 / 20 / 1998
01 / 20 / 1998
06 / 02 / 1998
06 / 02 / 1998
01 / 16 / 2001
02 / 02 / 2010
02 / 02 / 2010
115 S. Palm Ave.
401 N. Euclid Ave.
200 S. Euclid Ave.
303 N. Euclid Ave.
108 S. Euclid Ave.
217 S. Lemon Ave.
211/215 S. Laurel Ave.

Euclid Ave.
200 N. Euclid Ave.
109 E. B St.
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11 Oscar Arnold House
12 James Bradford House
13 W. A. Freemire House
14 Office
15 Dentist Office
16 Emporia Artist Lofts
17 Albert D. Moore House

209 E I St.
712 N. Euclid Ave.
813 N. Euclid Ave.
625 N. Euclid Ave.
211 W. Emporia St.
825 N. Euclid Ave.
747 N. Euclid Ave. 31 - 06 / 04 / 2013
- 06 / 04 / 2013
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25 01 / 20 / 1998

06 / 02 / 1998
98 City of Ontario
Fire and Building Departments
Community Risk Reduction
Alternative Materials & Methods
Requests Guidelines
99 Alternative Materials & Methods Requests
Purpose:

This guideline is intended to provide direction for submitting requests for use of an alternative material or method of construction (AM&M) in accordance with the 2022 California Building Code (CBC), Chapter 1, Section 104.11 and 2022 California Fire Code (CFC), Chapter 1, Section 104.10.

Scope:

AM&M requests shall be evaluated by the Building Official and Fire Marshal to ensure the proposed material, method of construction, design, use, or operation satisfactorily complies with the intent of the CBC & CFC. Additionally, the alternatives that are being proposed will be evaluated to determine that they are equivalent to or exceed what is prescribed in the CBC & CFC in terms of quality, strength, effectiveness, fire resistance, durability, and/or safety.

It is important to keep in mind that an AM&M is NOT a waiver. It does not excuse a project from meeting the level of safety or performance required by the code, only to achieve it in a way that may not meet the method described in the code.

Requirements:

1. AM&M Request: The applicant shall complete and submit the appropriate request for a project with the required plans and other documentation, including an Adaptive Reuse Plan pursuant to Section 4.03.010 of the Ontario Development Code, necessary to evaluate the proposed AM&M. Use of “Alternate Materials, Design & Methods” (AM&M)

1.1 AM&M for Projects
The owner or the owner’s authorized representative shall complete Sections A, B, and C at the top of the AM&M form.

1.1.1. Section A—Applicant Information: Provide the owner’s name and name and contact information for the person applying for the AM&M on behalf of the owner. If the contact for technical questions is different than the applicant, provide the contact information for that person as well.

1.1.2. Section B—Project Information: Provide the project name and address and indicate the occupancy classification, construction type, number of stories, and total floor area of the building(s) impacted by the AM&M. 100

1.1.3. Section C—Project Requirements & Proposals: This section provides information related to the applicable code requirements and proposed alternatives.

1.1.3.1. Code Requirement: List the code section(s) or requirement(s) that the project does not comply with or that you are proposing an alternative to. A single code section can include multiple requirements or methods of compliance, so be specific in terms of which part of the code section is being addressed by the alternative. Briefly describe the intent of the code section or requirement as it pertains to fire and life safety, emergency response, and/or firefighting, as appropriate.

1.1.3.2. Code Deficiency: Indicate how the project does not comply with code and why compliance with the standard requirements is not possible, feasible, or desirable.

1.1.3.3. Alternative Proposal: Describe the alternatives that are being proposed to mitigate the deficiency or code requirement. This section should include only those features or measures that are provided to offset or mitigate the deficiency. Do not include any features that are otherwise already required by the code here.

1.1.3.4. Justification: In this section, you must justify how the project or design approach utilizing the proposed alterative material or method is as safe or effective as if the project were built in the manner detailed in the code. Describe how the proposed alternative offsets the standard requirement. Whenever possible, the alternative should directly offset the deficiency. For example, if project deficiencies would delay emergency response to a building fire, the alternative should provide early notification to the fire department, slow the rate of the fire’s growth, contain the spread of fire to one part of building, or otherwise mitigate the negative effects of a delayed response.

You can also provide any other relevant information related to the project or proposal in this section. For instance, if the proposed alternative further enhances the effectiveness of other features already required by code in some particular way, this information could be included as additional support. 101

1.1.3.5. Signature: The owner or the owner’s authorized representative shall provide their signature, job title, company name, and date the form was signed at the bottom of Section C.

2. Submittal and Review Process

2.1. Fee Code: The AM&M request will be processed using the standard plan check fee which is based on valuation and time.

2.2. Submittal Format, Timing, and Location: Where the AM&M is included as part of the initial plan submittal, or apart of the Adaptive Reuse Plan, provide one hard copy of the form and any supporting documentation. Submit the AM&M form as part of the plan package submitted to the Planning Department for Adaptive Reuse Plans or directly to Building Department or the Fire Department, if not part of an Adaptive Reuse Plan proposal.

Should evaluation of the AM&M proposal require time and resources beyond the standard allotted for this activity, additional time and materials fees may also be applied.

2.3. Evaluation: All AM&M requests are evaluated on a case-by-case basis in the context of the specific project being reviewed. Approval of the request is based upon several factors, including, but not limited to, the level of equivalency achieved, the effect of the AM&M on fire and emergency response, and site conditions.

2.3.1. Approved AM&M: If reviewing department determines that the AM&M proposal provides an equivalent level of protection considering all related factors pertaining to the project, the Building Official or Fire Marshal will complete the approval section at the bottom of the request form. Such approval may be conditional upon implementation of additional requirements that were not part of the original AM&M proposal. If additional conditions are required, the Building Official or Fire Marshal will either:
a) ask that the AM&M form be updated to include the additional items; or,
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b) indicate additional conditions or requirements in the “Comments” area at the bottom of the form.

Approval is granted only for the specific project under review and the conditions for approval shall not be construed as applicable to any other project.

2.3.2. Denied AM&M: In the event that the reviewing departments determines that the AM&M proposal does not provide an equivalent level of protection, the request will be denied and a response issued to this effect. Should the applicant submit a different AM&M request for this project or choose to revise and resubmit the previously denied request, additional AM&M fees may apply. To facilitate the evaluation process, include any previously denied AM&M proposals when submitting a revised AM&M request.

2.4. Other Plans: Once the AM&M request is approved, the completed AM&M form shall be incorporated into the plan that the deficiency is related to as well as all subsequent plans submitted to Fire Department and the Building Department that may be impacted by the approved alternative(s). In some cases, this may require revision and resubmittal of previously approved plans. Failure to incorporate the AM&M into other plans may result in return of those plans as incomplete and/or delay plan approval or interrupt progress during construction. It is the responsibility of the owner or owner’s authorized agent to provide copies of approved AM&M documentation for this purpose and to ensure that all affected parties are aware of the approved alternatives.

3. Engineering Evaluation: If the Building Official or the Fire Marshal deems an engineering evaluation necessary, it shall be performed and reported by a firm or individual that meets the Adaptive Reuse Plan professional qualification standard in conjunction with Adaptive Reuse Plan. The applicant is responsible for all costs associated with the preparation of the AM&M or associated analysis. 103
Department: Fire Department
Prepared By: Joseph Ramos
Department:

Prepared By: Joseph Ramos
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

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

AN ORDINANCE AMENDING CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL

CODE RELATING TO THE CITY'S EMERGENCY ORGANIZATION

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City' s Emergency Organization.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this action. However, the proposed amendments to the Emergency Organization within the Municipal Code will ensure the City complies with California's Standard Emergency Management System (SEMS) and the National Incident Management System (NIMS), thus supporting the City's eligibility to receive State and Federal funding when available.

BACKGROUND & ANALYSIS:

On December 3, 2024, the City Council introduced an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code (OMC) relating to the City's Emergency Organization. In an eﬀort to implement lessons learned from recent proclaimed emergencies in the City of Ontario including the Covid-19 pandemic and the Francis Incident, the Oﬃce of Emergency Management recommends amending Chapter 4, Title 4 of the OMC to reﬂect current practices at local, state, and federal levels of government. The Emergency Organization for the City of Ontario is detailed in Chapter 3, Title 4, of the OMC and was last amended in 2014. This OMC chapter provides requirements for the preparation and implementation of disaster protocols for the protection of persons and property within the City. The chapter also speciﬁes the membership and associated responsibilities of the City of Ontario Disaster Council, creates a structure for oversight of the emergency organization, supports the Emergency Management Working Committee, and empowers the elected body to enact various actions and enforcement protocols during emergencies.

The proposed amendment includes the addition of the Deputy City Manager to possibly serve as 104
the Assistant Director of Emergency Services and potentially as the Director of Emergency Services under certain circumstances as a line of succession. Additionally, the proposed amendment aligns the frequency of local proclamation review by the City Council with the standards provided by the California Government Code section 8630. With this alignment, the review period would be modiﬁed to 60 days instead of 30 days as written into the current OMC. Additionally, the requirements and expectations of the Emergency Management Working Committee have been updated to reﬂect language that would enhance the Committee's ability to operate more eﬀectively and be more inclusive of key stakeholders outside of City agencies.

The proposed amendments will ensure consistency between the recently approved (May 5, 2024) and updated Emergency Operations Plan and the legal parameters within which the Ontario City Council and Emergency Organization must operate. Furthermore, amending the OMC will satisfy the requirements of the California SEMS and the NIMS ensuring the City's eligibility to receive Emergency Assistance funds and Department of Homeland Security related grant funding. As such, Staﬀ recommends the City Council adopt an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City's Emergency Organization. 105
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION.

WHEREAS, the City Council of the City of Ontario has adopted provisions regarding the City’s Emergency Organization, codified at Chapter 3, Title 4 of the City of Ontario Municipal Code; and
WHEREAS, those provisions were most recently updated through Ordinance 2990 in June 2014; and
WHEREAS, since 2014, there have been advancements in emergency planning and amendments to the California Emergency Services Act; and WHEREAS, the City Council now desires to update its provisions relating to the City’s Emergency Organization to ensure that they comply with the law, the California Emergency Services Act, Standardized Emergency Management System (SEMS), and National Incident Management System (NIMS) and better account for current circumstances.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario as follows:

SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Chapter 3 of Title 4 of the Ontario Municipal Code is hereby amended, in its entirety, to read as follows:

CHAPTER 3: EMERGENCY ORGANIZATION
4-3.01 Purpose
4-3.02 Definition
4-3.03 Disaster Council: Membership
4-3.04 Disaster Council: Powers, duties, meetings
4-3.05 Director and Assistant Director of Emergency Services, Emergency Manager
4-3.06 Powers of the Director of Emergency Services, Assistant Director of Emergency Services, and Emergency Manager
4-3.07 Emergency Management Working Committee
4-3.08 Emergency Organization
4-3.09 Emergency Operations Plan
4-3.10 Expenditures
4-3.11 Violations of provisions: Penalties
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Sec. 4-3.01. Purpose.

The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City of Ontario in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons.

Sec. 4-3.02. Definition.

As used in this chapter, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City’s jurisdiction caused by such hazards as identified in the most current edition of the Local Hazard Mitigation Plan or other conditions, which are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

Sec. 4-3.03. Disaster Council: Membership.

The City of Ontario Disaster Council is hereby created and shall consist of the following:
(a) The Mayor, who shall be Chair.
(b) The Mayor Pro Tem, who shall be Vice Chair.
(c) All members of the Ontario City Council.
(d) Staff, technical advisors, and community representatives as may be appointed by the Disaster Council chair with the concurrence of a majority of the above Disaster Council members.

Sec. 4-3.04. Disaster Council: Powers, duties, meetings.

It shall be the duty of the City of Ontario Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Disaster Council Chair or upon call of the Disaster Council Vice Chair in the absence of the Chair.
107
Sec. 4-3.05. Director and Assistant Director of Emergency Services, Emergency Manager.
(a) There is hereby created the office of Director of Emergency Services. The City Manager of the City of Ontario shall be the Director of Emergency Services.
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

The Director of Emergency Services may appoint either the Assistant City Manager, Deputy City Manager, Fire Chief, Police Chief, or Emergency Manager as the Assistant Director of Emergency Services. (c) There is hereby created the office of Emergency Manager, who shall act at the will of the Director of Emergency Services. The Emergency Manager of the City of Ontario shall manage day-to-day affairs of the emergency management program and have certain other emergency management functions as specified.

Sec. 4-3.06. Emergency Powers of the Director of Emergency Services, Assistant Director of Emergency Services, and Emergency Manager.
(a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect; and
(2) Request the City Council to review the need for continuing the local emergency at the interval specified in the California Government Code section 8630(c) until the City Council terminates the local emergency; and
(3) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency; and (4) Control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter; and 108
(5) Direct cooperation between and coordination of services and staff of the Emergency Organization of the City and resolve questions of authority and responsibility that may arise between them; and
(6) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; and (7) In the event of the proclamation of a “local emergency,” the proclamation of a “state of emergency” by the California Governor or California Office of Emergency Services Director, or the existence of a “state of war emergency,” the Director of Emergency Services is hereby empowered to:
(i) Promulgate written orders and regulations necessary to provide for the protection of life and property as affected by such emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided, however, such rules and regulations shall be widely publicized and noticed and shall be confirmed at the earliest practicable time by the City Council; and
(ii) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; and
(iii) Require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in the County of San Bernardino or the existence of a “state of war emergency,” to command the aid of as many citizens of the community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; and
(iv) Requisition necessary personnel or material of any City departments or agencies; and
(v) Execute all ordinary powers; all special powers conferred by this chapter, by resolution, and by an adopted Emergency Operations Plan; and all other powers conferred by statute, agreement approved by the City Council, or by any other lawful authority; and (vi) Approve contracts as necessary to support the Emergency Organization and to protect the life and property of the citizens of Ontario.
109
(b) In the absence of the Director of Emergency Services, the Assistant Director of Emergency Services is empowered to take on the powers of the Director of Emergency Services under Section 4-3.06(a). In the absence of both the Director of Emergency Services and the Assistant Director of Emergency Services, the Emergency Manager is empowered to take on the powers of the Director of Emergency Services under Section 4-3.06(a). The Director of Emergency Services shall be deemed absent where he or she is unavailable to participate in meetings or otherwise is unable to perform his or her duties during an emergency.
(c) The Director of Emergency Services may supplement the order of succession to that office identified in Section 4-3.06(b), to take effect in the event the Director is absent. Such order of succession shall be approved by the governing body.
(d) The Assistant Director of Emergency Services shall, under the supervision of the Director of Emergency Services, supervise the activities of the Emergency Manager and shall have such other powers and duties as may be assigned by the Director of Emergency Services.

Sec. 4-3.07. Emergency Management Working Committee.
(a) There is also created the Emergency Management Working Committee (EMWC) which shall consist of the following:
(1) The Emergency Manager who shall serve as chair and shall schedule meetings and projects as necessary.
(2) Two supervisory level or above representatives from each agency or department with a position assigned to the Emergency Operations Center (EOC) under the City of Ontario Emergency Operations Plan. (b) The Emergency Management Working Committee shall:
(1) Develop plans and procedures for the effective accomplishment of emergency management objectives, including the review and update of the City of Ontario Emergency Operations Plan.
(2) Review and keep current emergency management automated systems so that they meet the needs of all organizations that may be represented in the Ontario EOC.
(3) Achieve a high level of knowledge about specific emergency management functions assigned to the various City departments. 110
(4) Train an adequate number of staff members from each department so as to ensure that personnel are available to respond to and perform in an EOC, Department Operations Center (DOC), or field-environment. (5) Design and call emergency management exercises to test various components of the City of Ontario Emergency Operations Plan as necessary; provided, however, that with respect to any such test exercise no one shall have the power to command the assistance of any private citizen, and the failure of a citizen to follow any orders or regulations pertaining to a test exercise shall not constitute a violation of this chapter.
(6) Serve as a resource for trained exercise simulators and observers so that the learning value of such activities is maximized. (7) Serve as a department contact for all emergency management issues such as the gathering of information for disaster assistance claims, circulation of pertinent legislation, notification of events and activities, and liaison with executive level managers.
(8) Ensure that each of the five mission areas of the National Preparedness Goal (prevention, protection, mitigation, response, and recovery) are addressed in a systematic fashion so as to provide a comprehensive, integrated, and effective emergency management program for the City of Ontario.
(9) Conduct a preparedness meeting with City and regional partners, including, but not limited to; utilities, special districts, non -profits organizations, faith-based organizations, hospitals, and business partners who have play a critical role within the City of Ontario Emergency Operations Plan.

Sec. 4-3.08. Emergency Organization.

All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 4-3.06(a)(7)(iii), be charged with duties incident to the protection of life and property during such emergency, shall constitute the Emergency Organization of the City of Ontario.
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Sec. 4-3.09. Emergency Operations Plan.

The City of Ontario Disaster Council shall be responsible for the development of the Emergency Operations Plan, which shall provide for the effective mobilization of all of the resources of this jurisdiction, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

Sec. 4-3.10. Expenditures.

Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Ontario. Under certain emergency conditions the Disaster Council, or any City staff member of the Emergency Organization, may enact conditional changes in procurement processes, spending limits, approval authorities, and allocation of City resources in order to support the City's required response activities.

Sec. 4-3.11. Violations of provisions: Penalties.

It shall be a misdemeanor, punishable by fine of not to exceed five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of time not to exceed six (6) months, or both, for any person, during an emergency to:
(a) Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him by virtue of said provisions; and
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if such act is of such a nature as to give, or be likely to give, assistance to the enemy or imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.

SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
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PASSED, APPROVED, AND ADOPTED this 17th day of December 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
113

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 Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held December 3, 2024 and adopted at the regular meeting held December 17, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held December 3, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
114
Department: Communications and Community
Relations
Prepared By: Tricia Almiron
Department: Management Services
Prepared By: Tricia Almiron
Staff Member Presenting: Dan Bell,
Communications and Community Relations
Director
Approved By:

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

UPDATED LEGISLATIVE PLATFORMS

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the Council approve the 2025-2026 State and Federal Legislative Platforms.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is no direct fiscal impact associated with receiving and filing of this report.

BACKGROUND & ANALYSIS:

The proposed 2025-2026 Legislative Platforms serve as the basis to engage in policy and legislative initiatives that will enable the City of Ontario to deliver projects and programs that meet the needs of its residents. The document also guides Staﬀ recommendations to the City Council on state and federal legislative, regulatory, and administrative matters that are anticipated to be addressed in the upcoming year. The staﬀ-recommended changes are mostly minor, with an emphasis on upcoming infrastructure programs and adding current policy guidance.

The suggested updates are a result of collaboration between City departments. Examples of priority issues are: transportation, housing, homelessness and local control. Staﬀ anticipates another robust year in Sacramento and Washington D.C. By adopting the updated platforms, Staﬀ and advocates can pursue policy and funding opportunities proactively. The City will continue to partner with public and private sector entities to support common objectives in and foster relationships within the region.
115
STATE

L E G I S L A T I V E

P L A T F O R M
CITY•OF•ONTARIO•2025 -2026

ABOUT ONTARIO
Founded as a Model Colony, based on innovation, planned development, community service and family values, the City of Ontario has become the economic heart of the region. The City Council is committed to maintaining Ontario's leadership role in the Inland Empire by continuing to invest in the growth and evolution of the area’seconomy while providing a balance of jobs, housing, educational and recreational opportunities for our residents in a safe, well- maintained community.

Incorporated December 10, 1891, the City of Ontario covers an area of 50 miles within San Bernardino County. It is located 35 miles east of Los Angeles. 116
The primary objective of the Legislative Platform is to establish official City positions on clearly stated legislative issues. The Legislative Platform is developed and maintained using the goals and objectives of the City Council. The central theme adopted by the City Council is a sustained, community-wide prosperity which continuously adds value and yields benefits. Adding value encompasses a range of applications, including adding value to prosperity as well as to people, making Ontario truly a premier community of choice. Adding value is expressed in land, revenues, infrastructure, businesses, as well as in education, employment, health, community services and recreation.

By aligning investment and policy goals, the City can create systems that improve quality of life, foster economic prosperity and contribute to a more sustainable future.

1. Local Control & Governance
a. Retain local control over all aspects of municipal land use. b. Oppose legislation seeking to reallocate revenue obtained from the Bradley-Burns Uniform Local Sales and Use Tax.
c. Oppose unfunded mandates.
d. Oppose legislation that would eliminate the tax exemption for municipal bonds.
e. Support legislation that holds the State accountable to the same governance laws and regulations for local elected bodies and the State legislature.

2. Economic Investment
a. Funding for “Smart Growth” and transit-oriented multimodal development.
b. Reinstate options for tax increment financing to cities, either as infrastructure finance districts, redevelopment agencies or new funding programs.
c. Funding for adaptive reuse and/or historic preservation. d. Funding for workforce development, veterans job opportunities and job readiness.
e. Increase funding for trade corridors, gateways, intermodal connectors and freight facilities in the region.
f. Assist with additional revenue streams to support freight movement investment adequate to address the local and regional impacts of national freight flows.
g. Advocate for direct federal funding to local jurisdictions without unnecessary distribution though the State and County.
h. Invest in transportation networks to enable businesses to efficiently move goods and services, fostering economic development.
117

3. Public Safety
a. Invest in the security of the City and public safety officers. b. Invest in training and equipment for all first responders. c. Increase funding for disaster preparedness, prevention, recovery and response for all-hazard threats.

4. Collaboration with Other Governmental Agencies
a. Regional homelessness program and mental health epidemic. b. Regional wastewater & recycled water services.
c. Support local authority to contract emergency and medical transport services.
d. Advocate for accountability and reciprocal transparency with State Boards

5. Commercial & Residential Neighborhoods
a. Support funding for Regional Housing Needs Assessment requirements. b. New funding for homelessness services and the construction of high quality, fully serviced transitional housing facilities. c. Support reform of SCAQMD policies to mitigate negative impacts on the local and regional economy.
d. Explore cutting-edge freight conveyance systems for on and off-airport freight movement.
e. Allow local jurisdictions to plan and develop affordable housing on a City- wide basis.
f. Encourage State investment in affordable housing.
g. Allow Cities to pay other Cities for affordable housing units. h. Implement California Environmental Quality Act (CEQA) reform to its original intent.

6. Infrastructure
a. Investment in water, streets, sewers, parks, storm drains and public facilities.
b. Support the reduction and dependence on imported water from the State Water Project.
c. Expand economic options for Ontario logistics projects/investments. d. Oppose further restrictions on Surplus Land Act requirements. e. Oppose efforts to divert transportation infrastructure revenues for non- transportation purposes.
f. Invest in local transit connectivity and multi-modal solutions.

7. Quality of Life
a. Provide Care Act resources to San Bernardino County. b. Increase railroad funding for grade separations.
118
c. Support streamlined environmental revisions that remove duplication of State and Federal processes.
d. Support increased funding for historic preservation and retrofit, and community centers.

8. Technological Innovation and Efficiency
a. Support efforts to expand municipal broadband and cooperation of service delivery with the private sector, such as OntarioNet. b. Support funding for wireless solutions and promote smart city options and high-quality broadband services.
c. Support cities who have invested local funding to broadband expansion efforts.
d. Advocate for funding towards zero emission municipal fleets. e. Expand necessary cellular service and providers.
f. Advance the streamlining of electric energy infrastructure.

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Federal

L E G I S L A T I V E

P L A T F O R M
CITY•OF•ONTARIO•202 5-2026

ABOUT ONTARIO
Founded as a Model Colony, based on innovation, planned development, community service and family values, the City of Ontario has become the economic heart of the region. The City Council is committed to maintaining Ontario's leadership role in the Inland Empire by continuing to invest in the growth and evolution of the area's economy while providing a balance of jobs, housing, and educational and recreational opportunities for our residents in a safe, well-maintained community.

Incorporated December 10, 1891, the City of Ontario covers an area of 50 miles within San Bernardino County. It is located 35 miles east of Los Angeles. 120
The primary objective of the Legislative Platform is to establish official City positions on clearly stated legislative issues. The Legislative Platform is developed and maintained using the goals and objectives of the City Council. The central theme adopted by the City Council is a sustained, community-wide prosperity which continuously adds value and yields benefits. Adding value encompasses a range of applications, including adding value to prosperity as well as to people, making Ontario truly a premier community of choice. Adding value is expressed in land, revenues, infrastructure, businesses, as well as in education, employment, health, community services, and recreation.

By aligning investment and policy goals, the City can create systems that improve quality of life, foster economic prosperity, and contribute to a more sustainable future.

1. Economic Investment
a. Funding for “Smart Growth” and transit-oriented multimodal development.
b. Reinstate/reinstitute some form of practical tax increment financing. c. Funding for adaptive reuse and/or historic preservation. d. Funding for workforce development, veterans job opportunities, and job readiness.
e. Advocate for funding for trade corridors, gateways, intermodal connectors, and freight facilities in the region.
f. Assist with additional revenue streams to support freight movement investment adequate to address the local and regional impacts of national freight flows.
g. Support strong funding for Community Development Block Grants. h. Advocate for funding to come to local jurisdictions without having to be distributed though the State and County level.

2. Infrastructure
a. Surface Transportation Reauthorization – Provide funding for trade corridors, gateways, intermodal connectors and freight facilities. b. Increase federal investment in goods movement corridors. c. Develop policies that allow for the improvement of strategic freight bottlenecks to accommodate the growing logistics industry in our region. d. Recognize the importance of inland ports to overall goods movement systems as part of any investment plan and ground access funding. e. Investment in water, streets, sewers, parks, storm drains, and public facilities.
f. Support the reduction and dependence on imported water from the State Water Project.
g. Expand economic options for Ontario Logistics Projects/Investments. h. Restore incremental tax funding options to cities, either as infrastructure finance districts, redevelopment agencies, or new funding programs. 121

3. Public Safety
a. Invest in training and equipment for all first responders. b. Increase funding for disaster preparedness, prevention, recovery, and response for all-hazard threats.

4. Collaboration with other Governmental Agencies
a. Regional homelessness program and mental health epidemic. b. Regional wastewater & recycled water services.

5. Local Control
a. Maximize federal funding by developing reforms that will accelerate project procurement, promote flexibility and innovation, and respect local control.
b. Support direct funding to Cities and Counties.
c. Retain local control over all aspects of municipal land use. d. Oppose unfunded mandates.
e. Oppose legislation that would eliminate the tax exemption for municipal bonds.

6. Commercial & Residential Neighborhoods
a. Explore cutting-edge freight conveyance systems for on and off-airport freight movement.
b. Encourage private investment in affordable housing.

7. Quality of Life
a. Increase the private match for grade separations.
b. Support streamlined environmental revisions that remove duplication of state and federal processes.
c. Support increased funding for historic preservation and retrofit, and community centers.

8. Technology
a. Support efforts to expand municipal broadband and cooperation of service delivery with the private sector, such as OntarioNet. b. Support funding for wireless solutions and promote smart city options and high-quality broadband services.
c. Support cities who have invested local funding to broadband efforts. d. Advocate for funding towards zero emission municipal fleets. 122
Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Approved By:

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

ACCEPTANCE OF SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANTS PROGRAM FUNDING FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council Authorize the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $3,571,064 from the U.S.

Environmental Protection Agency (EPA) for the Solid Waste Infrastructure for Recycling (SWIFR) Grants Program.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The City has been awarded $3,571,064 from the EPA for the SWIFR Grants Program. No cost sharing is required. If approved, appropriations in the Integrated Waste Fund will be included in future quarterly budget updates to the City Council for approval.

BACKGROUND & ANALYSIS:

The SWIFR Grants Program is funded through the Bipartisan Infrastructure Law. The funding supports improvements to waste management systems and programs, allowing resources to be used more eﬃciently and reducing the impact on the climate. This grant funding can be used to establish or optimize collection of materials, fund infrastructure, technology or other improvements, support and enhance end-markets for the use of recycled commodities, and increase the diversion, recycling rate and quality of materials collected for municipal solid waste.

The Public Works Agency will utilize this grant funding to establish new recycling collection routes and optimize materials management infrastructure through the purchase of recycling equipment such as electric trucks, electric vehicle charging stations, bins and carts, a power steam wash machine to clean bins and carts, and software to enhance zero waste strategies. The project will also create a digital food donation marketplace for businesses and nearby nonproﬁts and expand the source separation of organic food waste and mixed recyclables by distributing carts and bins to residents and businesses. The proposed project facilitates the City’s compliance with California Senate Bill (SB) 1383 which requires California to reduce organic waste sent to landﬁlls by 75% and send 20% of edible food that would otherwise be landfilled to Californians by 2025.
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TYPE OF ACTION
U.S. ENVIRONMENTAL

PROTECTION AGENCY MAILING DATE
ACH#PAYMENT METHOD:

PROGRAM CODE:

DATE OF AWARDMODIFICATION NUMBER:

GRANT NUMBER (FAIN): 98T89101

PENDASAP
0 07/31/2024
New 08/05/2024
Cooperative Agreement
4Z
RECIPIENT TYPE: Send Payment Request to:

RECIPIENT:

EIN:

PAYEE:

Municipal
Ontario, CA 91764-4105

CITY OF ONTARIO
95-6000754
303 East B Street
Contact EPA RTPFC at: [email protected]
303 East B Street

CITY OF ONTARIO
Ontario, CA 91764-4105

PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Porscha Gatewood
303 EAST B STREET
ONTARIO, CA 91764-4105
[email protected]:
909-395-2776Phone:

Andre Villasenor
600 Wilshire Boulevard, LND-2-3
Los Angeles, CA 90017
[email protected]:
213-244-1813Phone:

Fareed Ali
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
[email protected]:
415-972-3665Phone:

PROJECT TITLE AND DESCRIPTION
BIL - Solid Waste Infrastructure Financing
See Attachment 1 for project description.

BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 08/01/2024 - 05/31/2027 08/01/2024 - 05/31/2027 $ 3,571,064.00 $ 3,571,064.00

NOTICE OF AWARD
Based on your Application dated 02/15/2023 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 3,571,064.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 3,571,064.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE

ORGANIZATION / ADDRESSORGANIZATION / ADDRESS
U.S. EPA, Region 9, U.S. EPA, Region 9 Grants Branch, MSD-6 75 Hawthorne Street
San Francisco, CA 94105
U.S. EPA, Region 9, Land, Chemicals and Redevelopment, LND-1 R9 - Region 9
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY DATEDigital signature applied by EPA Award Official Carolyn Truong - Grants Management Officer 07/31/2024
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EPA Funding Information

FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 0 $ 3,571,064 $ 3,571,064
EPA In-Kind Amount $ 0 $ 0 $ 0
Unexpended Prior Year Balance $ 0 $ 0 $ 0
Other Federal Funds $ 0 $ 0 $ 0
Recipient Contribution $ 0 $ 0 $ 0
State Contribution $ 0 $ 0 $ 0
Local Contribution $ 0 $ 0 $ 0
Other Contribution $ 0 $ 0 $ 0
Allowable Project Cost $ 0 $ 3,571,064 $ 3,571,064
Assistance Program (CFDA) Statutory Authority Regulatory Authority

66.920 - Solid Waste Infrastructure Financing -
Save Our Seas Act Grants
33 USC 4282 & Infrastructure Investment and Jobs
Act (IIJA) (PL 117-58)
2 CFR 200, 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.

Code
Budget
Organization PRC Object
Class Site/Project Cost
Organization
Obligation /
Deobligation
$ 3,571,064--4108000D11X8109QE1SD242409QE0042-
$ 3,571,064
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Budget Summary Page
Table A - Object Class Category
(Non-Construction)
Total Approved Allowable
Budget Period Cost

1. Personnel $ 335,920

2. Fringe Benefits $ 235,144

3. Travel $ 0

4. Equipment $ 3,000,000

5. Supplies $ 0

6. Contractual $ 0

7. Construction $ 0

8. Other $ 0

9. Total Direct Charges $ 3,571,064

10. Indirect Costs: 0.00 % Base $ 0

11. Total (Share: Recipient ______ % Federal ______ %) $ 3,571,0640.00 100.00

12. Total Approved Assistance Amount $ 3,571,064

13. Program Income $ 0

14. Total EPA Amount Awarded This Action $ 3,571,064

15. Total EPA Amount Awarded To Date $ 3,571,064
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Attachment 1 - Project Description
This agreement provides funding from the Infrastructure Investment and Jobs Act (IIJA). EPA's Solid Waste Infrastructure for Recycling (SWIFR) grants for political subdivisions of states and territories will fund activities that will result in a significant decrease in the generation of Municipal Solid Waste (MSW) and/or an increase in the diversion of MSW from landfills and incineration, as well as fund innovative solutions and programs that provide or increase access to prevention, reuse, mechanical recycling, anaerobic digestion, and composting. The purpose of this award is to enhance the City of Ontario's efforts to meet the SWIFR grants elements.

Specifically, the grantee will establish new recycling collection routes and optimize materials management infrastructure through the purchase of recycling equipment such as electric trucks, EV charging stations, bins and carts, a power steam wash machine, and software to enhance zero waste strategies. The project will also create a digital food donation marketplace for businesses and nearby nonprofits and expand source separation of organic food waste and mixed recyclables by distributing carts and bins to residents and businesses in the City. The proposed project facilitates the City’s compliance with California Senate Bill 1383.

The primary goal and objective of the project is to comply with California Senate Bill 1383 and reduce emissions of short-lived climate pollutants. Additionally, the recipient aims to increase, expand, and optimize collection; improve materials management infrastructure; fund the creation of technology to reduce contamination in the recycled materials stream; Increase, expand, and optimize capacity for materials management; and demonstrate a significant and measurable increase in the diversion, recycling rate, and quality of materials collected for municipal solid waste.

This assistance agreement provides full Federal funding in the amount of $3,571,064.The activities to be performed are: 1) Kickoff Meeting - SWIFR Grant; 2) Demo of EV Trucks prior to issuing RFP; 3) Issue RFP for purchase of EV Trucks and Charging Station; 4) Issue RFP for purchase of Commercial Bins and Residential Cans for Compliance; 5) Select Bidder for purchase of EV Trucks and Charging Station; 6) Select Bidder for purchase of Commercial Bins and Residential Cans for Compliance; 7) Schedule outreach workshops/events to increase diversion; 8) Purchase and launch software for digital food, donation marketplace and zero waste strategies; 9) Implement tracking system for full compliance; 10) Place order for power steam washer; 11) Place order for cameras/video tech to track contamination; 12) Place order for EV trucks and charging station; 13) Place order for Commercial Bins and Residential Cans for compliance; 14) Create or allocate personnel resources for implementation; 15) Delivery of Commercial Bins and Residential Cans for full compliance; 16) Delivery/Training on new EV trucks and Charging Station; 17) Track increased diversion through additional resources and efforts.The anticipated deliverables include: The infrastructure investments/enhancements will result in three electric refuse trucks purchased, four charging stations and three extra batteries purchased, miscellaneous accessories, 400 commercial recycle/organic waste bins purchased, 800 residential organic waste carts purchased, and a software purchase to access a digital food donation marketplace that matches any type of business with extra edible food to a nearby nonprofit. Three new permanent jobs will be created to drive and operate the new trucks.

The expected outcomes include: GHG reductions from collection, recycling, composting or management via other management pathways; percentage of political subdivision served as a result of expanding or optimizing collection; and serving a disadvantaged community as a result of expanding and optimizing collection. The Department is targeting a yearly 5% decrease in GHG emissions as a result of collection, recycling, composting, and managing solid waste. The project will serve 100% of the political subdivision 127
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as a result of expanding collection. Project improvements will be implemented citywide. Nearly half of Ontario’s census tracts meet the solicitation’s definition of a disadvantaged community.

Intended beneficiaries include: disadvantaged communities in the city of Ontario including residents and businesses who will receive collection bins and service from electric trucks and increased waste diversion. No subawards are included in this assistance agreement. 128
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Administrative Conditions
Administrative Conditions "A" thru "E" below apply. Please reference the paragraph below for General Terms and Conditions.

General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa. gov/grants/epa-general-terms-and-conditions-effective-october-1-2023-or-later.

These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.

The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms- and-conditions#general.

A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. Find additional information at https://www.epa.gov/financial/grants. (NOTE: The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.) B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance with 2 CFR Part 200.324, the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.

State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317.

C. MBE/WBE Reporting, 40 CFR, Part 33, Subpart E (EPA Form 5700-52A) The recipient agrees to submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) annually for the duration of the project period. The current EPA Form 5700-52A with instructions is located at https://www.epa.gov/grants/epa-grantee-forms
This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section

33.502.

Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) currently set at $250,000 (the dollar threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. All procurement actions are reportable when reporting is required, not just the portion which exceeds the SAT.

Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting 129
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period, the recipient should check the box in section 4A when completing the form.

When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For the final report, recipients are instructed to check the box indicated for the “Final Report (project completed)” in section 1B of the form.

The annual reports are due by October 30th of each calendar year and the final report is due within 120 days after the end of the project period, whichever comes first. The recipient will submit the MBE/WBE report(s) and/or questions to [email protected] and the EPA Grants Specialist identified on page 1 of the award document.

D. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.

E. New Recipient Training Requirement
The recipient agrees to complete the EPA Grants Management Training for Applicants and Recipients and the How to Develop a Budget training within 90 calendar days of the date of award of this agreement. The recipient must notify the Grant Specialist via email when the required training is complete. For additional information on this training requirement, the recipient should refer to RAIN-2024-G01.

The recipient is precluded from drawing down funds under this assistance agreement until such time the recipient receives from EPA written confirmation of completing the required online courses. Please note, any costs incurred prior to receiving EPA confirmation are at the City of Ontartio's own risk. If City of Ontario fails to respond or is unable to satisfactorily address all identified deficiencies within 90 days of the award date of this assistance agreement or within any extension of time granted by EPA, the agreement may be terminated. Noncompliance with this term and condition may result in adverse action by EPA per 2 CFR 200.339.
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Programmatic Conditions
Programmatic Conditions "a" thru "f" below apply.
a. Performance Reporting and Final Performance Report
Performance Reports – Content
In accordance with 2 CFR 200.329, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when appropriate, analysis and explanation of cost overruns or high-unit costs.

Additionally, the recipient agrees to inform EPA as soon as problems, delays, or adverse conditions which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan are known.

Performance Reports - Frequency
The recipient agrees to submit quarterly performance reports electronically to the EPA Project Officer within 30 days after each quarterly reporting period ends. The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance.

Quarterly performance reports are required and they are to be submitted electronically to the EPA Project Officer within 30 days after the reporting period (every three-month period). The reporting periods are 2/1/24-4/30/24, 5/1/24-7/31/24, 8/1/24- 10/31/24, 11/1/24-1/31/25, 2/1/25-4/30/25, 5/1/25-7/31/25, 8/1/24-10/31/25, 11/1/24-1/31/26, 2/1/26-4/30/26, 5/1/26-7/31/26, 8/1/26-10/31/26. The final report shall include the month of November 2026. b. Cybersecurity Condition
Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.

If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
c. Quality Assurance
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Authority: Quality Assurance applies to all assistance agreements involving environmental information as defined in 2 C.F.R. § 1500.12 Quality Assurance.

1. Quality Assurance Project Plan (QAPP)
a. Prior to beginning environmental information operations, the recipient must:
i. Develop a QAPP,
ii. Prepare QAPP in accordance with the current version of EPA's Quality Assurance Project Plan (QAPP) Standard, iii. Submit the document for EPA review, and
iv. Obtain EPA Quality Assurance Manager or designee (hereafter referred to as QAM) approval. b. The recipient must submit the QAPP 60 days before collecting and analyzing environmental information data.. c. The recipient shall notify the PO and QAM when substantive changes are needed to the QAPP. EPA may require the QAPP be updated and re-submitted for approval.
d. The recipient must review their approved QAPP at least annually. The results of the QAPP review and any revisions must be submitted to the PO and the QAM at least annually, via the 4th quarter performance report, and must also be submitted when changes occur.

For Reference:
• Quality Management Plan (QMP) Standard and EPA's Quality Assurance Project Plan (QAPP) Standard; contain quality specifications for EPA and non-EPA organizations and definitions applicable to these terms and conditions. • EPA QA/G-5: Guidance for Quality Assurance Project Plans. • (QAM and/or PO may insert QA references that inform or assist the recipient here). • EPA's Quality Program website has a list of QA managers, and Non-EPA Organizations Quality Specifications. • The Office of Grants and Debarment Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance.
d. Use of Logos
If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that the City of Ontario received financial support from the EPA under an Assistance Agreement. More information is available at: https://www.epa.gov/stylebook/using- epa-seal-and-logo#policy
e. Paperwork Reduction Act
Notwithstanding any references to collection of information in the recipient's application or proposal for EPA funding, the scope of work for this cooperative agreement does not include a survey or other information collection of identical information from 10 or more parties. No EPA funds (directly paid by EPA or from the recipient's cost share) may be used for the design or administration of such an information collection, and EPA personnel may not participate in such activities. Reasonable costs for analyzing independently collected information and publishing the results of such information collections are allowable to the extent authorized in the EPA approved budget for this agreement. 132
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f. Substantial Involvement
EPA will be substantially involved in this agreement. Substantial involvement by the EPA Project Officer may include:
1) quarterly telephone calls and other monitoring (or meeting on an alternate schedule suggested by EPA's Project Officer), 2) reviewing project phases and providing approval to continue to the next phase, 3) reviewing and commenting on any documents, web content, or other materials developed under this agreement (the recipient will make final decisions on these matters),
4) approving substantive terms included in contracts or subawards (EPA's Project Officer will not suggest, recommend or direct the recipient to select any particular contractor or subrecipient except to the extent permitted in Section 10 of EPA's Subaward Policy).
5) reviewing and commenting on the programmatic progress reports 6) consultation with EPA regarding the selection of key personnel (EPA's involvement is limited to reviewing the technical qualifications of key personnel and the recipient will make the final decisions on selection. EPA's Project Officer will not suggest, recommend or direct the recipient to select any individual). 7) joint operational involvement, participation, and/or collaboration between EPA and the recipient. EPA's Project Officer or designee may provide data, advice, and information that will help the grantee carry out the agreement effectively. ** END OF ASSISTANCE AGREEMENT **
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Department: Public Works
Prepared By: Daniel P Beers
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: 9
SUBJECT:

AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM BUSINESS PRODUCTS FOR FIRE STATION NO. 1

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

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

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 and 5-Year Capital Improvement Program includes appropriations in the Capital Projects Fund for these services. The recommended contract amount with Info-Com shall not-to-exceed $358,372.

BACKGROUND & ANALYSIS:

The Civic Center Expansion Project includes a new Fire Station No. 1, Fire Administration Building, new City Services Building, and Parking Structure. On August 15, 2023, the City Council approved a Construction Contract with R.C. Construction to build a new Fire Station No. 1. The new Fire Station No. 1 is currently being constructed and has an estimated completion date of June 2025. If approved, Info-Com will furnish the new Fire Station No.1, including the oﬃces, conference rooms, lobby, and communal areas.
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National Cooperative Purchasing Alliance
Request for Proposal (RFP) for Furniture
Solicitation Number: 24-22
135

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 1 – Master Agreement / Signature Form

136

Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.

¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ Safety
Ø Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

138

¨ Permits
Ø Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
139

Ø Any protest review and action shall be considered final with no further formalities being considered.

¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Termination
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, 140

the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

141

Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.

Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Price Increases
Ø Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved. ¨ Products and Services Additions
Ø New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
142

Ø While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract. ¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
143

¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

144

Evaluation Criteria

¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.

Ø Vendor’s ability to perform towards above requirements and desired specifications.

Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.

Ø Quality of line items available compared to normal participating entity standards.

¨ References and Experience (15 points)
Ø A minimum of ten (10) public sector references for product and/or services of similar scope dating within past 3 years
Ø Respondent Reputation in marketplace
Ø Past Experience working with public sector.

Ø Exhibited understanding of cooperative purchasing

¨ Value Added Products/Services Description, (10 points) Ø Additional Products/Services related to the scope of RFP Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service

¨ Innovation (10 points)
Ø Past Innovation, how it affected sales
Ø Future Innovation in the pipeline

145
146

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 2 – NCPA Administration Agreement

147

Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region Indiana Furniture Industries, Inc.

September 1, 2022
September 1, 2022
07-97
148

14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15
th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount

Total ________________

Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.

From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.

Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

149
Director, Business Development
Matthew Mackel
PO Box 701273
Houston, TX 77270
September 1, 2022
150

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 3 – Vendor Questionnaire

151

Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.

Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)

Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island

X
152

All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)

¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________

American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
Jasper
Indiana
X
X
Indiana Furniture Industries, Inc.
[email protected]
812-482-5727 X143
Jasper
Indiana
47547-0270
1224 Mill Street, PO Box 270
Manager, Contract and Support Services
Angie Kleiser
X
X
X
153

§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________

¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No

Indiana Furniture Industries, Inc.
1224 Mill Street, PO Box 270
812-482-5727 X138
[email protected]
Christine Brinkman
Customer Service Supervisor
Jasper
Indiana
47547-0270
1224 Mill Street, PO Box 270
Indiana
[email protected]
47547-0270
Jasper
Indiana Furniture Industries, Inc.

Vice President, Sales and Marketing
Michael A. Blessinger
X
X
812-482-5727 X107
154

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 4 – Vendor Profile

155

 Company’s official registered name.

Indiana Furniture Industries, Inc.

 Brief history of your company, including the year it was established.

Indiana Furniture, headquartered in Jasper, Indiana since 1905, is committed to providing our customers with office furnishings of the highest standards in quality and craftsmanship. Through advanced information systems and state-of-the-art technology, we design and engineer office furniture casegoods, conference tables, reception, space division and seating. Our company delivers a wide range of environmentally conscious products, styles, and sizes at competitive prices while continually introducing new product lines of office and commercial furniture.

 Company’s Dun & Bradstreet (D&B) number.

DUNS# 00-636-6108

 Company’s organizational chart of those individuals that would be involved in the contract.

 Corporate office location.

Indiana Furniture
1224 Mill Street, PO Box 270
Jasper, IN 47547-0270

156

 List the number of sales and services offices for states being bid in solicitation.

Indiana Furniture’s main Sales & Service Office is located in Jasper, Indiana. Our Independent Representatives have Sales and Service offices throughout the U.S.

Sales and Service s Offices Showrooms
Birmingham, AL Jasper, IN
Mesa, AZ Atlanta, GA
Oro Valley, AZ Coeur d’Alene, ID
San Ramon, CA Chicago, IL
Sante Fe Springs, CA Kansas City, MO
Valencia, CA Columbus, OH
Arvada, CO Norristown, PA
Moodus, CT Dallas, TX
Lithia, FL Houston, TX
Ponte Vedra, FL McLean, VA
Atlanta, GA Seattle, WA
Cumming, GA
Kailua, HI
Coeur d’Alene, ID
Mt. Prospect, IL
Riverton, IL
Jasper, IN
Westfield, IN
Boston, MA
Grand Rapids, MI
Kansas City, MO
Excelsior, MN
Richland, MS
Chapel Hill, NC
New York, NY
Lewis Center, OH
Beaverton, OR
Norristown, PA
Columbia, SC
Franklin, TN
Goodlettsville, TN
Austin, TX
Plano, TX
Houston, TX
Fairfax, VA

157
 List the names of key contacts at each with title, address, phone and e-mail address.

Tammy Wessel Christine Brinkman
Director of Sales Support Services, Regional Sales Customer Service Supervisor 1224 Mill Street, PO Box 270 1224 Mill Street, PO Box 270 Jasper, IN 47547-0270 Jasper, IN 47547-0270
Phone: 800-422-5727 X134 Phone: 800-422-5727 X138
Email: [email protected] E mail: [email protected]

Patty Streiner Mike Blessinger
Eastern Regional Sales Manager Vice President, Sales and Marketing 1425 Kirkwood Hill Way 1224 Mill Street, PO Box 270
Wake Forest, NC 27587 Jasper, IN 47547-0270
Phone: 610-329-4869 Phone: 800-422-5727 X138
Email: [email protected] Email: m [email protected]

 Define your standard terms of payment.

Standard payment terms are 2% 20 Days, Net 45 Days.

 Who is your competition in the marketplace?

Indiana Furniture potentially competes against any office furniture manufacturer that provides furnishings for private offices. Most often we compete against manufacturers that specialize in veneer and laminate casegoods. Our key competitors are National, OFS/ First Office, Darran, JSI, Kimball, and Krug.

158
 What differentiates your company from competitors?

• Award-Winning Customer Service
• Flexibility to Make Things Happen
• Reliability in Doing What We Say We’re Going to Do
• Competent & Responsible Dealer Support
• Custom Products!
• On-Site Installation Assistance
• The Most Durable UV Finish in the Industry!

 Describe how your company will market this contract if awarded.

Indiana Furniture will create co-branded marketing pieces to promote the NCPA contract. These marketing pieces will highlight the details and benefits of the NCPA contract. As part of our marketing plan, these pieces will be distributed via email, to and through our authorized dealer/reseller network and independent sales representatives.

 Describe how you intend to introduce NCPA to your company.

Indiana Furniture’s national sales force will be trained via web communication software and documents supporting the training will be made available in a cloud-sharing database. In addition, Indiana Furniture will provide in house training for all employees involved with the NCPA contract.

 Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Indiana Furniture’s Price Lists are published on our website at www.indianafurniture.com. Our website also contains a wealth of information regarding our company, our products, our environmental initiatives, our customer service, as well as a library of beautiful images.

 D
escribe your company’s Customer Service Department (hours of operation, number of service centers, etc.).

At Indiana Furniture we strive to provide our clients with superior customer care and service with a friendly, knowledgeable, and responsive staff that exceeds our clients’ expectations. This responsiveness is instilled in our corporate culture and part of our entire company philosophy. We understand the importance of good customer service and the positive impact it can have on our customers’ business. We have therefore made the commitment to provide our customers with unequalled service.

Customer Service is available weekdays from 8 am to 4:45 pm EST.

Phone: 1-812-482-5727
1-800-422-5727 Toll-free USA

Facsimile: 1-812-482-9035

Email: [email protected]

159
 Green Initiatives (if applicable)
 As our business grows, we want to make sure we minimize our impact on the Earth’s climate.

We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing, and much more. To that effort, we ask respondents to provide their companies environmental policy and/or green initiative.

Indiana Furniture’s Environmental Story is attached – See Attachment 1

Indiana Furniture’s products are tested to meet ANSI/BIFMA standards. All Indiana Furniture casegoods and seating are BIFMA level™ Certified. In addition, all of Indiana Furniture’s products meet ANSI/BIFMA Indoor Air Quality standards.

 Anti-Discrimination Policy (if applicable)
 Describe your organizations’ anti-discrimination policy.

Indiana Furniture’s Anti-Discrimination Policy is attached – See Attachment 2

 Vendor Certifications (if applicable)
 Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations, or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB and manufacturer certifications for sales and service

Indiana Furniture is classified as a GSA Small Business – See Attachment 3

160
A World Where We Can All Thrive.

We’ve been making wood furniture longer than just about anyone…and we want to be doing so for a long time to come. That’s a large part of why we take a stewardship approach to our resources. We believe that environmental sustainability and business profits need not be mutually exclusive. They can and should exist side-by-side in a beneficial relationship. And for more than a century, we’ve been showing how it’s done.

Social Responsibility
We are proud to be a supporter of many local,
regional, state, and nationwide organizations
and are always looking for opportunities to
give back. Annually, we contribute to over 75
worthy organizations. We do this by donating
time, financial contributions, and our products
depending upon the support needed.

UVAdvantage Plus Finish
Our UVAdvantage finish does not emit
irritable toxins, formaldehyde, or solvents
into the air, contributing to safer and healthier
work environments by meeting Indoor Air
Quality Certification requirements.

UVAdvantage exceeds the performance of
other UV topcoats available on durability
and reduces the likelihood of damage from
abrasions, scratches, and common chemicals,
all while magnifying the beauty of wood and
lessening the darkening, aging, and yellowing
process that naturally occurs over time.

A LEVEL® Portfolio
level®, BIFMA‘s sustainability certification
program for furniture, is a comprehensive and
transparent third-party certification program.

The level mark attests that the product, the
manufacturing facility, and the company
responsible for the product brand, have been
evaluated against the multi-attribute criteria
of the ANSI/BIFMA e3 Furniture Sustainability
Standard. All of Indiana Furniture’s solutions
are BIFMA level® Certified.

Indoor Air Quality Certified
All of Indiana Furniture’s products have
achieved Intertek’s ETL Environmental VOC
Certification and are recognized as products
that safeguard indoor air quality.

The certification demonstrates that Indiana
Furniture’s products conform to the ANSI/
BIFMA Furniture Emissions Standards (M7.1/
X7.1-2011) for Office Furniture Systems and
Components. They also earn points for US
Green Building Council’s LEED Credits.

LEED Contribution
As a member of the U.S. Green Building
Council, one important extension of our
commitment to the environment is our work to
support the Council’s LEED Program.

The LEED program is a voluntary certification
system designed to promote buildings that are
environmentally responsible, profitable, and
healthy places for people to live and work. The
U.S. Green Building Council also encourages
companies to identify opportunities to salvage
and reuse furniture in project design and re-
search potential material suppliers.

Indiana Furniture can help customers seeking
LEED-certification through products that can
contribute to specific criteria.

TSCA Title VI (CARB)
EPA’s TSCA Title VI (formerly CARB), the
Formaldehyde Standards for Composite Wood
Products Act, establishes the most stringent
standards for composite wood. These products
include but are not limited to Particleboard,
MDF, Hardwood Plywood, and Laminated
products. All of Indiana Furniture’s products
meet the TSCA Title VI regulations.

Specify With Confidence
When you choose Indiana Furniture, you
choose an expansive portfolio of style and
options that can be specified with complete
confidence. All of Indiana Furniture’s solutions
are BIFMA Compliant Certified.

This program is designed to provide members
of the design community, dealers, buyers, and
others who participate in the specification of
commercial furniture greater ease in identifying
products they can trust.

BE Well
Health and safety is a top priority at Indiana
Furniture and we want to assist in the physical
and mental well-being of anyone working with
or using our products. Whether it’s driving
safety procedures, implementing wellness
programs, or reducing contaminants, being
well is a part of every decision we make at
Indiana Furniture.

Attachment 1
161
1 EQUAL EMPLOYMENT OPPORTUNITY & NON-DISCRIMINATION
Policy Statement
Indiana Furniture is committed to a policy of equal employment opportunity, and functions under an Affirmative Action Plan for all applicants and employees. Under this policy, applicants and employees shall be treated fairly and equally, and employment decisions shall comply with all applicable state and federal employment discrimination laws. All employment decisions will be made without regard to race, color, gender, sex, sexual orientation, gender identity or expression, religion, religious creed, marital status, ancestry, national origin, age, disability (developmental, intellectual, mental, and/or physical – including, but not limited to blindness, unless it is shown that such disability prevents performance of the work involved), genetic information, veteran status, or (in the case of U.S. citizens or intending citizens) citizenship, and/or any other class protected by law. In addition, Indiana Furniture will not tolerate any discriminatory employment practice or procedure by anyone, including co-workers, supervisors, associates, partners, clients, and visitors. This policy applies to all employment practices and procedures including, but not limited to, recruiting, hiring, compensation, training, selection for training including apprenticeship, promotion, demotion, termination, transfer, layoff, and all other terms and conditions of employment.

The Vice President-Human Resources, Safety & Environmental is responsible for planning and implementing our Affirmative Action Program as well as for its day-to-day monitoring of affirmative action-related decisions and activities. All personnel, including but not limited to supervisors, superintendents, and other leadership, who are responsible for hiring and promoting employees and for the development and implementation of programs or activities, are charged with supporting this program.

They should provide direction and leadership in implementing affirmative action goals and initiatives.

Indiana Furniture remains committed to all plans, policies, and practices in employment programs that work toward achieving and maintaining a balanced work force.

Should any employee wish to review Indiana Furniture’s Affirmative Action Program, they should contact the Vice President-Human Resources, Safety & Environmental. Any complaints regarding Indiana Furniture’s Affirmative Action Program may be filed with the appropriate state agency.

Definition of Discriminatory Conduct
Discriminatory conduct is generally defined as conduct which shows disrespect, hostility or aversion to an employee because of race, color, gender, sex, sexual orientation, gender identity or expression, religion, religious creed, marital status, ancestry, national origin, age, disability (developmental, intellectual, mental, and/or physical), genetic information, veteran status, or (in the case of U.S. citizens or intending citizens) citizenship, and/or any other class protected by law. Discriminatory conduct involves verbal, visual, or physical conduct relating to race, color, gender, sex, sexual orientation, gender identity or expression, religion, religious creed, marital status, ancestry, national origin, age, disability (developmental, intellectual, mental, and/or physical), genetic information, veteran status, or (in the case of U.S. citizens or intending citizens) citizenship, and/or any other class protected by law, which makes an employee feel uncomfortable in the workplace and which interferes with an employee’s ability to work.

For more detailed information concerning what type of conduct constitutes sexual harassment and what an employee should do if they either witness or are subjected to sexual harassment, see Indiana Furniture’s Policy on Sexual Harassment.

Computer & Voicemail System
Employees may not use the computer or voicemail systems to create, send or receive any information which could be defined as discriminatory conduct. For more detailed information concerning prohibited computer and voice mail communications, see Indiana Furniture’s Communications Policy.

Attachment 2
162
2 Reporting Discriminatory Conduct
Any employee who believes that they have either witnessed or been subjected to discriminatory conduct must immediately report the discriminatory conduct to Indiana Furniture. Employees have a duty to report discriminatory conduct to Indiana Furniture in order to protect themselves, their colleagues , and Indiana Furniture.

In order to ensure that a report of discriminatory conduct is properly documented and investigated, an employee must report the conduct directly to the Vice President-Human Resources, Safety & Environmental at (812) 481-5727 or dial extension 161. If the Vice President-Human Resources, Safety & Environmental is not available or the employee is uncomfortable in reporting the conduct to the Vice President-Human Resources, Safety & Environmental the employee may report the discriminatory conduct directly to the President & CEO at (812) 482-5727 or dial extension 106.

Employees who believe they have either witnessed or been subjected to sexual harassment should report the discriminatory conduct in accordance with Indiana Furniture’s Policy on Sexual Harassment.

Investigation and Resolution of Complaint
All reports of discriminatory conduct will be investigated. To the extent feasible, the investigation will be conducted in a confidential manner to the extent possible in order to protect the rights of all parties involved. Indiana Furniture will not tolerate any retaliation against an employee who makes a good faith report of discrimination. If the investigation reveals that the report has merit, disciplinary action, up to and including termination will be taken to remedy the situation. However, it is also important to understand that accusing an employee of discriminatory conduct is a serious matter. Consequently, Indiana Furniture reserves the right to discipline any employee who intentionally makes a false report of discriminatory conduct. False reports have the potential to cause harm to innocent parties and waste internal time and resources.

Disabled Employees
Any employee who wishes to discuss their needs as a disabled employee should contact the Vice President-Human Resources, Safety & Environmental.

163
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Attachment 3
164

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 5 – Products and Services / Scope

165

From seating to casegoods, tables to space division, our lineup of products allows you to flex the function of your space…but we’ve always been more than just selling office furniture.

Our passionate pursuit of excellence along with a dedicated sales and service team, technical expertise, and a genuine collaborative spirit allow us to solve clients’ challenges and transcend concept into reality.

And we make it easy to specify what you need with comprehensive tools and programs like finding our entire portfolio on a broad range of specification and ordering tools, in-house drawing services and customs teams, a holistic palette of surface materials, and so much more.

Indiana Furniture’s product offering includes products in the following categories:
• Ancillary Furniture Products
• Cafeteria
• Conference or Breakroom / Training
• Healthcare / Medical / Therapy Practices
• Lounge / Reception
• Office
• Seating / Chairs
• Tables / Meeting Conference Room
• Workstations

Casegoods
166

Reception
167
Swivel Seating

168
Stools

Guest Seating

169

170
Lounge Seating
171

172
Impromptu Seating

Benches
173

Occasional Tables
174

175

Conference Tables
176

Space Division
177
 Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.

Indiana Furniture has 78 Independent Sales Representatives nationwide providing sales coverage throughout the United States. These Independent Sales Representatives provide support to over 650 Indiana Furniture authorized dealers/resellers nationwide.

Indiana Furniture’s authorized dealers/resellers along with our Customer Service Representatives will provide product support to NCPA members. They can help assist NCPA members with product choices and answer any questions. All Indiana Furniture authorized dealers/resellers are authorized to provide products through the NCPA contract.

 Warranty
 Proposal should address the following warranty information:
 Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
 Availability of replacement parts
 Life expectancy of equipment under normal use
 Detailed information as to proposed return policy on all equipment

Indiana Furniture’s Warranty - See Attachment 1
Indiana Furniture’s Non-Obsolescence Statement – See Attachment 2 Indiana Furniture’s Return Policy – See Attachment 3

 Products
 Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects

Indiana Furniture products provided will be new, in good quality and free of defects.

 Construction
 Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Indiana Furniture products have been tested by an independent verifying body and meet or exceed applicable BIFMA and ANSI standards.
178
3 Casegoods
Item Model No. Width Depth Height K R Ship
Wt
Cubic
Ft List Price
Warranty
Warranty
Subject to the limitations set forth in this warranty, Indiana Furniture Industries, Inc. (“Indiana Furniture”) warrants to the original purchaser all product in this price list (“Product”) to be free from defects in material and workmanship given normal use for a 12-year period from the date of manufacture. During the applicable warranty period, Indiana Furniture, as its sole obligation, will repair or replace (in Indiana Furniture’s sole discretion) any Product, part, or component covered by this warranty and sold after April 25, 2022, which fails under normal use as a result of a defect in material or workmanship. Normal use is defined as the equivalent of a single shift, 40-hour work week. Indiana Furniture will repair or replace the defective Product, part, or component with a comparable Product, part, or component.

Warranty periods are limited for certain Products and parts as follows:
12-year Warranty (from the date of manufacture)
•
Seating Mechanisms
• Veneers
• Laminates
• Casters and Glides
7-
year Warranty (from the date of shipment)
• Pneumatic Table Lift
• Electric Table Lift
5-year Warr
anty (from the date of manufacture)
• Triple Play Series
• Electrical Components
• Pneumatic Cylinders
• Textiles, Foam, and Decor
ative Trim
• Swivel Arm Pads
• Keyboard Kits
• Lighting
• All Height Adjustable Mechanisms
3-year W
arranty (from date of shipment)
• Dock 950 Wireless Charger
• Dock 150 Wireless and USB Charger

THIS WARRANT
Y DOES NOT COVER:
• Damage caused by a carrier or third party
• Normal or routine wear and tear
• Appearance, durability
, quality, behavior, colorfastness, or any other attribute of customer’s own materials or any non-standard Indiana Furniture material (including CF Stinson, Maharam, Momentum, Mayer, UltraFabrics, Architex, and other alliance programs) specified by the customer and applied to a Product
• Color, grain or tex
ture of wood, laminate and other covering materials
• Changes in wood or fabric color due to aging or exposur e to light
As the manufacturer of the Product, Indiana Furniture stands behind its craftsmanship and pledges to do everything it can to reasonably resolve, as quickly as possible, any problems you may have with the Product within the terms and conditions of this warranty.

If you encounter a defect covered by the foregoing warranty, contact the dealer from whom you purchased the Product. If the dealer is unable to resolve your warranty issues, you should contact Indiana Furniture. Please ensure that you have all of the pertinent facts when contacting the dealer or Indiana Furniture, including the model number and factory order number from the inspection label attached to the Product.

INDIANA FURNITURE IS NOT PROVIDING, AND SPECIFICALLY DISCLAIMS, ANY OTHER WARRANTIES FOR THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INDIANA FURNITURE SHALL

NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING,

WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RESULTING IN ANY MALFUNCTIONS, DELAYS, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, PERSONAL INJURY, BODILY INJURY, DEATH, DISMEMBERMENT, OR PROPERTY DAMAGE.

Indiana Furniture Industries, Inc.

Attn: Customer Service
1224 Mill Street, P.O. Box 270
Jasper, Indiana 47547-0270
800.422.5727
Fax 812.482.9035
[email protected]
Attachment 1
179
1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com
Non-Obsolescence Statement
India
na Furniture ensures that product we produce today will be supported with “like” product in years to come. Indiana Furniture has been manufacturing product in the USA since 1905 and has a commitment to serve our clients long- term needs. Our non-obsolescence strategy has always been an integral part of our business plan.

If a
product or finish becomes obsolete in function, environmental sustainability or economic feasibility it is Indiana Furniture’s responsibility to make the appropriate changes to that product or finish. Should this occur, we will strive to provide replacement alternatives to our customers.

Attachment 2
180
1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com
Return
Policy
Merchandise will not be accepted for return without an RGA (Return Goods Authorization) issued by Indiana Furniture. RGA’s will be considered for the following reasons:

1. Manufact
uring defect (inspected by Indiana Furniture Representative)

2. Indiana Furniture order processing error

3. Shipping error

4. Mis-marked cartons

5. Duplicated shipments
Merchan
dise must be returned within 60 days of the RGA issued date, or within 60 days upon receipt of replacement product to receive credit. Returns due to mis-marked cartons must also be returned in the original carton, with shipping labels intact, to receive credit.

All mer
chandise being returned must be properly packed and protected to ensure no further damage is incurred during transportation back to an Indiana Furniture facility.

Upon receipt, all returned merchandise will be thoroughly inspected and the results compared to the reason for return stated on the RGA. Any discrepancies, such as additional damage, signs of usage, missing parts, etc., will result in an adjustment to the amount of credit issued.

Attachment 3
181

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 8 – Value Added Products and Services

182

Indiana Furniture provides the following Everyday Added Value:
• All products are Indoor Air Quality and BIFMA level® certified, and are tested to Comply with ANSI/BIFMA Standards
• An offering of Task and Guest Seating rated up to 400lbs • Factory-Installed Task Lights and Tack Boards
• Grommets standard in the Backs of Bridges, Returns, and Credenzas • Lateral File Drawers Feature 1/4” thick drawer bottoms, have a 200lb Capacity, and ship with Anti- Tilt Systems
• 5- Sided Drawer Boxes for Easy Change out If Damaged
• Drawers and Doors are Always Veneer Matched for Continuous Grain • Custom Finish Matches Available
• Flexible Top Sizes in Tri-One Meeting Tables
• Square One: one-of-a-kind Space Division and Reconfigurability • Integrated Height Adjustable solutions in both Traditional and Contemporary styling • Key Alike at Time of Order; Removable Lock Cores for Re-Keying • Dedicated Customer Service Representatives assigned to each account • Extended Service Agreements for Qualifying Projects
• Continuous New Product Introductions and Updates
• Design Services & Support
• No-Cost Literature and Finish Samples
• 12-Year Limited Warranty (see complete warranty)

183

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 9 – Innovation

184

Indiana Furniture’s Product Development team’s mission is to ensure the furniture we manufacture is a relevant solution in the office furniture industry. This means continuously offering new products and refreshing existing products to meet the needs of our customers. Indiana Furniture uses a Product Roadmap process to develop, implement and launch new product introductions as well as updates to our existing product offering. The current product roadmap includes a list of twenty-nine items. The target completion date ranges from the second half of 2022 through 2023, and some yet to be assigned. Examples of new product introductions include, but are not limited to, hip chairs, metal guest chairs, desktop height adjustable workstations and much more. Example of updates to existing products include, but are not limited to, expanding our existing conference table offering, refreshing our surface materials offering, and adding items in our existing product lines to expand the series offering. The Product Roadmap process is flexible and allows new introductions to be added at any time to meet market conditions, such as adding privacy screens to our offering in response to the Covid 19 pandemic.

Below is a showcase of some recent product introductions. These new additions expand our offering in multiple areas of the office and allow our customers to accommodate hybrid working models, flexible, more relaxed spaces, spaces for private moments, spaces for taking a break and allows spaces to have seamless connectivity.

185

186

1224 Mill Street
PO Box 270
Jasper, Indiana 47546-0270
800.422.5727
www.IndianaFurniture.com

Tab 10 – Required Documents

187

Tab 10 – Required Documents
¨ Federal Funds Certifications

¨ Clean Air and Water Act & Debarment Notice

¨ Contractors Requirements

¨ Antitrust Certification Statements

¨ Required Clauses for Federal Assistance by FTA

¨ State Notice Addendum

188

Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

189

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, 190

Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency

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

• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in 191

compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).

The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) 197

implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all 198

applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.

Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
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NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

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State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments

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(BB&K 2023) - 1 - Goods and Services Agreement

CIT

Y OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into 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 Margaret C. Pett, Inc. DBA Info-Com Business Products, a Corporation with its principal place of business at 1472 Morada Place, Altadena, CA 91001 (“ Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractor s have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. V endor 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 New Fire Station 01 with Furniture Planning Services and all Furniture (“Services”) which 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.

1.2 Goods. Vendor ag rees to sell to City and City agrees to purchase the materials and/or equipm ent (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
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(BB&K 2023) - 2 - Goods and Services Agreement

2. T ERM.

2.1 The term of this Agreement shall be from December 17, 2024, to June 24, 2025, unless earlier terminated as provided herein. Vendor shall provide all Goods and 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 work.

3. F EES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and 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 Fifty-Eight Thousand Three Hundred Seventy- Two Dollars ($358,372) without written approval of City’s Manager or designee. 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 P
ayment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3 R
eimbursement for Expenses . Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 E xtra Work . At any time during the term of this Agreement, City may request that Vendor 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 Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

4. R ESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor ’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 203
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(BB&K 2023) - 3 - Goods and Services Agreement

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor 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 Agreement.

4.2.3 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 Part y 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 Vendor to any addi tional compensation.

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

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

4.4 A cceptance. The Goods shall be received subject to City ’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

4.5 C
oordination of Services . Vendor 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.
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(BB&K 2023) - 4 - Goods and Services Agreement

4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Service s, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re -employed to perform any of the Services provided under this Agreement.

4.7 W
arranty . In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City ; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 R eserved.

4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.

4.10 Law s and Regulations; Employee/Labor Certifications . Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner a ffecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity 205
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(BB&K 2023) - 5 - Goods and Services Agreement

of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor . Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor ’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections.

4.10.2 E
mployment Eligibility; Subcontractors, and Consultants . To the same extent and under the same conditions as Vendor , Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 E
mployment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4 .10.1 or 4. 10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

4.10.4 Labor Certification. By its signature hereunder, Vendor 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 Workers’ 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.

4.10.5 E
qual Opportunity Employment . Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor , employee or 206
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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. Vendor 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.

4.10.6 Air Quality. Vendor 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 California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements ’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.

4.10.7 W
ater Quality .

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

4.10.7.2 L
iability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor ’s non - compliance with the laws, regulations and policies described in this Section, unless such non- compliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Tr
aining. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph. 207
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5. P ROJECT MANAGEMENT

5.1 City’s Representative . The City hereby designates Dan Beers, Design & Construction Principal Construction Project Manager , or his or her designee, to act as its representative for the performance of this Agreement (“ City’s Representative ”). City ’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City ’s Representative or his or her designee.

5.2 V endor’s Representative. Vendor hereby designates Margaret Pett, or her designee, to act as its representative for the performance of this Agreement ( “Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. I NSURANCE.

6.1 Time for Compliance. Vendor 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, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 M
inimum Requirements . Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractor s to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

6.2.1 M
inimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer ’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 M
inimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability : $2 ,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) A utomobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. 208
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6.2.3 Manufacturer of Goods . If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6.2.4 N otices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

6.2.5 A
dditional Insured. The City of Ontario, its director s, officials, officers, employees, agents, and volunteers shall be named as a dditional insureds on Vendor ’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.3 I nsurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

6.3.1 G eneral Liability . The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor , including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City ’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 A
utomobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled 209
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underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional ins ureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

6.3.4 A
ll Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

6.4 S
eparation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

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. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.5 D
eductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

6.6 S
ubcontractor Insurance Requirements . Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor , the City may approve different scopes or minimum limits of insurance for particular subcontractor s. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
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6.7 Acceptability of Insurers . I nsurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6.8 V erification of Coverage . Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.9 R eporting of Claims . Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.

7. I NDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

7.2 A
dditional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials , employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor ’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. C ALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor 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 211
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the performance of other requirements on “public works” and “maintenance” projects.

Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prev ailing Wage Laws, and since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the c ommencement of this Agreement. Vendor shall make c opies of the prevailing rates of per diem wages for each craft, clas sification or type of worker needed to execute the Serv ices available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials , officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors mus t be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. Notwithstanding the foregoing, the c ontractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

8.3 Compliance Monitoring. This Agreement is als o subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Indus trial Relations agains t Vendor or any subcontractor that affec t Vendor’s performance of Servic es, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or res ulting from such s top orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.

9. SAFETY.

Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its s ervices, the Vendor 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. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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10. ACCOUNTING RECORDS.

V
endor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor 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.

11. TERMINATION OF AGREEMENT.

11.1 G rounds for Termination. City may, by written notice to Vendor, terminate th e whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods , Vendor will be liable for and will pay the difference to City. Vendor 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.

11.2 Effect of Termination.

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

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

12. GENERAL PROVISIONS.

12.1 De livery 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:

Vendor:

M
argaret C. Pett DBA Info-Com Business Products
Attn: Margaret Pett – ICB Rep
1472 Morada Place
Altadena, CA 91001
City:

City of Ontario
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303 East “B” Street
Ontario, CA 91764-4196
Attn: Dan Beers, Design & Construction Principal Construction Project Manager
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.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work 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.

12.3 G
overning Law; Government Code Claim Compliance. 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, Vendor 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 Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.

12.4 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.

12.5 Cit y’s Right to Employ Other Vendor s. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.

12.6 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

12.7 A ssignment or Transfer . Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.8 C onstruction; 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 Vendor include all personnel, employees, agents, and subcontractors of Vendor, 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 214
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

12.10 W aiver . 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.

12.11 N
o Third Party Beneficiaries . Except to the extent expressly provided for in Section

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

12.12 I
nvalidity; 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.

12.13 P
rohibited Interests . Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor , to solicit or secure this Agreement. Further, Vendor 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 Vendor , any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors 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.

12.14 C
ooperation; 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.

12.15 A uthority to Enter Agreement . Vendor 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.

12.16 C ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

12.17 E ntire Agreem ent. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES ON NEXT PAGE
215

SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND MARGARET C. PETT, INC. DBA INFO-COM BUSINESS PRODUCTS IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO Margaret C. Pett, Inc. DBA Info-Com
Business Products

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:

Assistant City Clerk

216
1 Project: Ontario Fire Station 1Address: Ontario, CA
Prepared by: Margaret PettBudgetary EstimatePhone: 626-818-2312Email: [email protected]: 10/21/24 Office Item Furniture Description Quantity
Lobby Table Side tables 2Seating Lounge/Guest chair 2Seating Sofa 1 Office B U Shaped desk 78"x102"x114" Desk Unit (per drawings)1Table 48" D, knife edge, HPL with aluminum X base1Monitor arm Dual articulating 1Electrical Power Unit - (1) USB A+C (1) Power outlet1Electrical Charging Dock 1Additional grommet cuts 1Seating Task Chair 1Seating Conf/Guest Chair 4 Office 1 - 3 ShiftsL Shaped desk 72"x78" Desk Unit (per drawings) 1Side Storage 24x48 - 3 pedestal cabinet with individual locks1Monitor arm Dual articulating 1Electrical Power 440 - (1) USB A+C (1) Power outlet1Electrical Dock 150 - Wireless Fast charge and USB charger 1Seating Task Chair 1Seating Guest Chair 2 Office 2 - 3 ShiftsL Shaped desk 72"x78" Desk Unit (per drawings) 1Side Storage 24x48 - 3 pedestal cabinet with individual locks1Monitor arm Dual articulating 1Electrical Power Unit - (1) USB A+C (1) Power outlet1Electrical Charging Dock 1Seating Task Chair 1Seating Guest Chair 2 Conference - First FloorTable 48x120 table; knife edge; 2 power cutouts 1Power & data insert/port 1Storage 24x72 Credenza with 4 vents 124x72 Credenza Quartz top 1Seating Conference Chair 10 Office 3 - Captains OfficesL Shaped desk 72"x84" Desk Unit (per drawings) 1Side Storage 24x30 2 drawer lateral file 1Monitor arm Dual articulating 1Electrical Power Unit - (1) USB A+C (1) Power outlet1Electrical Charging Dock 1Seating Task Chair 1Seating Guest Chair 2 Office 3 - Captains OfficesL Shaped desk 72"x84" Desk Unit (per drawings) 1Side Storage 24x30 2 drawer lateral file 1Monitor arm Dual articulating 1Electrical Power Unit - (1) USB A+C (1) Power outlet1Electrical Charging Dock 1Seating Task Chair 1Seating Guest Chair 2 Conference - Second FloorTable 48x144 table; knife edge; 2 power cutouts 1 217
2 Project: Ontario Fire Station 1Address: Ontario, CA
Prepared by: Margaret PettBudgetary EstimatePhone: 626-818-2312Email: [email protected]: 10/21/24 Office Item Furniture Description Quantity Power & data insert/port 1Storage 24x72 Credenza with 4 vents 124x72 Credenza Quartz top 1Seating Conference Chair 12 Outside of workstationsMail SLots Mail Sorter 1
Workstation SeatingSeating Task Chair 5
Dorm Seating Seating Task Chair 11
BC Dorm sreatingSeating Task Chair 1Dorms Twin XL 24
Kitchen Table 60x168 1Seating Dining 14Logo Embroidered Logo 14 Recliners Seating Trouper 724 - Leather 12Logo Embroidered Logo 12 Misc Receptacles Indoor dual stream trash/recycling 14Misc Misc Hardware 1 Furniture Total ($ 282,640.65) Freight/Delivery/Installation ($ 43,000.00) SUBTOTAL ($ 325,640.65) SALES TAX 8.75% ($ 24,731.06) Bonds ($ 8,000.00) TOTAL: ($ 358,371.71)
TERMS: 50% deposit to initiate order;balance before deliveryESTIMATED LEAD TIME:12-18 weeks after order entry and engineering signoff (lead times contingent on material availability at time of order)** All lead times are estimated and are not to be construed as a guaranteed delivery date.ICBP will make every effort to expedite delivery but will not be responsiblefor any damages resulting from a delay in delivery.

All orders are final once entered -- no returns.

PLEASE ISSUE PURCHASE ORDER TO:INFO-COM BUSINESS PRODUCTS1472 MORADA PLACEALTADENA, CA 91001MARGARET@INFOCOMBP .COM 218
Ontario Fire Station #1
Furniture Overview
October 21, 2024
Info-Com Business Products
Margaret Pett
[email protected]
626-818-2312
219
2 1st Floor Plan
220
3 Lobby
221
4 Office B
222
5 Office 1 - Three Shift Office
223
6 Office 2 - Three Shift Office
224
7 1st Floor Conference Room
48x120
225
8 Office 3
226
9 Office 4
227
10 2nd Floor Plan
228
11 2nd Floor Conference Room
48x144
229
12 Workstation Mail Sorter
230
13 2nd Floor Dorm & Taks Seating
12 Dorm Rooms
5 Workstations
231
14 Day Room
12 Recliners Requested
Trouper 724 - Specs provided by Client
Embroidered Emblem TBD
LB1727 Leather- Intermingle
232
15 Dining Room
233
16 Dining Room
60x168 Custom B&B
General Design & Seating to
match Station 9
Design to reworked for larger table
234
17 Seating
235
18 Seating
236
19 Seating
237
Department: Public Works
Prepared By: Daniel P Beers
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: 10
SUBJECT:

AWARD OF TWO CONSTRUCTION CONTRACTS IN CONNECTION WITH THE

CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM

CITY OF ONTARIO
Agenda Report
December 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Reject all bids received for Bid No. 1856 Ontario Ballpark Section 20 - Signage and authorize Staff to solicit new bids for these trades in relation to the Professional Baseball Stadium; and C
.

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 and 5-Year Capital Improvement Plan includes current and planned appropriations in the Capital Projects-Measure Q Fund for the Regional Sports Complex-Professional Baseball Stadium project. The proposed contract award to the two (2) contractors for the construction of the D&C23-011- Professional Baseball Stadium is $11,758,970 and authorize a combined contingency of $1,175,897 for a total not-to-exceed contract amount of $12,934,867.

BACKGROUND & ANALYSIS:

On August 6, 2024, the City Council approved the Environmental Impact Report for the Ontario Regional Sports Complex. The Ontario Regional Sports Complex 238
includes a new Professional Baseball Stadium located at the Northwest corner of Riverside Drive and Hellman Avenue. On September 17, 2024, the City Council awarded the Structural Steel and Grading Contracts for the Professional Baseball Stadium at the Ontario Regional Sports Complex.

On October 15, 2024, the City Council awarded 24 Construction Contracts for the Professional Baseball Stadium and rejected all bids for three (3) of the construction trades. Bid packages 02-Site Concrete, 06-Finish Carpentry and 20-Signage had inconsistent bids, and several bidders were deemed non-responsive. To get a competitive and fair cost, Staﬀ recommended rejecting all bids for these categories and re-bid. Bid No. 1856 is the re-bidding of those three (3) construction trades.

On November 11, 2024, fourteen (14) bids were received for Bid No. 1856 - D&C23-011 – Professional Baseball Stadium (Rebid of Bid Packages 02, 06, and 20). Below is a list of the lowest responsible/responsive bids received:

Bid Package No.

Bidder
Location
Amount
02 - Concrete, Site
Bogh Construction LLC
Beaumont, CA
$5,178,000
06 – Finish Carpentry
K&Z Cabinet Co., Inc.

Ontario, CA
$6,580,970

Bid package 20-Signage received inconsistent bids and were submitted with errors, and several bidders were deemed non-responsive. To get a competitive and fair cost, Staﬀ recommends rejecting all bids for this category and re-bid.

Tilden – Coil Constructors, Inc., the City’s Construction Management Company for the Sports Complex Project, and City Staﬀ reviewed each bid and each company’s qualiﬁcations and responsiveness to the bid requirements. Based on the credentials, pricing, and reference checks, Staﬀ recommends awarding Construction Contract D&C23-011 Professional Baseball Stadium to Bogh Construction LLC for Bid Package No. 02 - Concrete, Site, and K&Z Cabinet Co., Inc. for Bid Package No. 06 – Finish Carpentry.
239
Ontario Ballpark -1-

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 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 K & Z Cabinet Co., 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 WORK.

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:

Ontario Ballpark – Finish Carpentry
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 FOR 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 per the contract schedule and within 531 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 sum of Six Million Five Hundred Eighty Thousand Nine Hundred Seventy Dollars ($6,580,970). 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.
240
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

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 s ection 53069.85, it is agreed that the Contractor will pay the City the sum of $15,000 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:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
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
Scope of Work Summary
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.

CONSTRUCTION

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.

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]

242
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

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

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

K & Z Cabinet Co., Inc.

By:

Its:

Printed Name:

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
243
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

Notary Acknowledgment
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 , 20___, 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

244
Ontario Ballpark -1-

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C23-011 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 Bogh Construction, LLC 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 WORK.

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:

Ontario Ballpark – Concrete Site
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 FOR 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 per the contract schedule and within 531 calendar days from the commencement date stated in the Notice to Proc eed. 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 sum of Five Million One Hundred Seventy-Eight Thousand Dollars ($5,178,000). 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.

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 245
Ontario Ballpark -2- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

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 $35,000 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:

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. 246
Ontario Ballpark -3- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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 fi ling 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]

247
Ontario Ballpark -4- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

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

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Bogh Construction, LLC
By:

Its:

Printed Name:

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
248
Ontario Ballpark -5- SECTION 00500 – CONTRACT FOR

CONSTRUCTION

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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 of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

249
Department: Public Works
Prepared By: Niles Boyer
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Jacqueline Leon, Bonnie Tam
Approved By:

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

A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR

THE PARKS POLE REPLACEMENT PROJECT

CITY OF ONTARIO
Agenda Report
December 17, 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)
FISCAL IMPACT:

The recommended Change Order No. 2 to the Construction Contract with MC Electric is $77,944 for a total not-to-exceed contract amount of $1,093,586. If approved, additional appropriations in the Facilities Maintenance Fund will be included in future quarterly budget updates to the City Council as needed.

BACKGROUND & ANALYSIS:

On December 5, 2023, the City Council approved a Construction Contract with MC Electric for the Parks Pole Replacement project. The project consisted of replacing light poles and ﬁxtures at De Anza Park, Bon View Park, and Jay Littleton Ballpark at John Galvin Park. Change Order No. 1 was approved to replace the switchgear for the lighting at De Anza Park.

The proposed Change Order No. 2 is for the replacement of the entire outﬁeld netting at Jay Littleton Ballpark. The original scope of work included the replacement of two outﬁeld wooden netting poles, and re-installation of netting. However, upon assessment of the netting, Staﬀ determined the entire outfield netting required replacement due to its deteriorated condition. 250
Commercial
13619 12th Street, Unit B, Chino, California 91710 | 909-464-9400 Phone | 909-464-9411 Fax [email protected] | Licensed & Insured | California License 813166, A, B, C-10

Industrial
Tenant Improvements
New Construction
Remodels
Communications

PROPOSAL

To: City of Ontario Job: Parks Pole Replacement NO. PA2201 Date: 08/30/2024 Attn: Niles Boyer 1076 North Grove Ave Ontario, CA 91764 Scope of Work: Ballfield Netting Replacement
• Remove existing ball field netting on existing 70’ AGL wood poles. • Approximately 340 lf of 65’ tall netting to be removed per Site Layout sketch provided by David Coote on 08/06/2024
• Old netting & hardware to be properly disposed of offsite. • Furnish and install approximately 340 lf of 65’ tall netting- UV treated polyester baseball #36 netting with sewn in perimeter, vertical, & horizontal rope border.
• Netting to begin at 5’ AGL.
• New cable(s) to be extra high strength galvanized 5/16” and 3/8” and all new hardware will be ¾” heavy duty, along with galvanized attachment hardware.
• All existing ground anchors to remain in place.
• Remove existing light pole and fixture and transport to City PW Yard– to be disposed of/recycled by City. • Price includes (2) 86’ Manlifts to remove existing netting and replace with new netting & hardware. • Provide pre and post photos of completed work to customer for record. • Price is based upon Prevailing Wage Rates.

TOTAL: $77,944.00

Exclusions:

1. Changes made by city, county, or property owner representative will be an additional cost to the client.

2. Project bid to be installed during normal business hours (M-F 7AM – 4PM)

3. Any design changes are by others

4. Changes to plans and CDs provided.

5. Lane closures and/or traffic control plans.

6. Permits, if required.

7. Temporary turf protection.

8. Removal and/or modifications to existing poles.

9. Tree trimming, stump grinding, grubbing, site clearing, or foundation removal.

10. Additional mobilizations will be an additional cost to the client.

11. Additional materials not specified at time of bid will be an additional cost, if required.

12. Anything not specifically described in the scope of work.

We propose hereby to furnish material, labor and equipment - complete in accordance with the above specifications, for the sum of:
$77,944.00

Authorized signature Date 08/30/2024

Acceptance of Contract - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined below.

Acceptance of Contract Date
Payment to be made as follows: Net 45 days

MC CONTRACTING
MC CONTRACTING is a Non-Union Company
NMSDC Minority Certified Company

251
MC Contracting [Date]
13619 12th Street, Unit B, Chino, California 91710 | 909-464-9400 Phone | 909-464-9411 Fax [email protected] | Licensed & Insured | California License 813166, A, B, C-10

Subject Page 2
252
46700.00100\33457526.1

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Ontario City CouncilDecember 17, 2024

Ontario City Council
December 17, 2024