Agenda packet — Ontario City Council, October 21, 2025 (part 1 of 6)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
OCTOBER 21, 2025
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA 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 submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe 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

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

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

PLEDGE OF ALLEGIANCE
Mayor pro Tem Wapner

INVOCATION
Rabbi Stephen Epstein, Temple Sholom of Ontario
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. 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.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20250916 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER) To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

AGENDA REVIEW/ANNOUNCEMENTS

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

CONSENT CALENDAR

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

Minutes for the regular meetings of the City Council and Housing Authority of September 16, 2025 and approving same as on file in the Records Management Department.

Bills September 19, 2025 through October 2, 2025, and Payroll September 7, 2025 through September 20, 2025.

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER).

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

ATTACHMENT:

CFD 69 South Ontario Logistics Center Services Levy Special Tax ORD_RM

4. A CONSTRUCTION CONTRACT WITH J&E CONSTRUCTION FOR THE GEYER COURT

IMPROVEMENTS PROJECT

ATTACHMENT:

02 - Contract (DRAFT).pdf

ATTACHMENT:

Exhibit A - Geyer Court Location Map.pdf

5. A RESOLUTION ORDERING THE SUMMARY VACATION OF THE RIGHT-OF-WAY IN A

PORTION OF MISSION BOULEVARD AND RECONVEYING ANY OF THE CITY'S INTEREST

THEREIN

ATTACHMENT:

20-227 Street Vacation Exhibit 04-29-25.pdf

ATTACHMENT:

Summary_Vacation_Resolution_RM.docx

ATTACHMENT:

California_V-304_Vac_-_4th_Check_-_Technically_Correct.pdf

6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20472 LOCATED ON THE SOUTHWEST CORNER OF HAVEN

AVENUE AND EUCALYPTUS AVENUE
That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Construction Contract wi th J&E
Construction, of Chino, California, for the Geyer Court Improvements Project in the amount of $1,379,328, plus a 10% contingency of $137,933 for a total not-to-exceed contract amount of $1,517,261; and
B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and ﬁling a notice of completion at the conclusion of all construction-related activities.

That the City Council adopt a Resolution ordering the summary vacation of the right-of-way in a portion of Mission Boulevard located near the southwest corner of Cucamonga Avenue and Mission Boulevard, and authorize City Manager, or his designee, to execute the documents necessary to evidence the vacation and reconveyance of the City's interest therein.

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

SUMMARY VACATION OF RIGHT-OF-WAY IN A PORTION OF MISSION BOULEVARD AND RECONVEYING ANY OF THE CITY'S INTEREST THEREIN.

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Tract Map No. 20472, located on the southwest corner of Haven Avenue and Eucalyptus Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20472 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

20251021 TM-20472^01 EXH A.pdf

ATTACHMENT:

20251021 TM-20472 02 RESO_RM

ATTACHMENT:

20251021 TM-20472^03 SIA.pdf

7. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO

COUNTY TAX ROLLS

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls 01 RESO_RM

ATTACHMENT:

Special Assessments^02 - Exhibit A.pdf

ATTACHMENT:

Special Assessments^03 - Exhibit B.pdf

ATTACHMENT:

Special Assessments^04 - Exhibit C.pdf

8. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH HOLT BLVD CAR WASH

FOR FULL-SERVICE CAR WASH AND DETAILING

ATTACHMENT:

2. Fisan, Inc. dba Holt Blvd Car Wash - Amendment No. 2.pdf

9. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SAFETY KLEEN SYSTEMS, INC. FOR FLEET OIL, LUBRICANTS, AND OTHER RELATED ITEMS

ATTACHMENT:

Safety Kleen Amendment 1.pdf

10. SOLE SOURCE PURCHASE APPROVAL FOR POLICE HELICOPTER ENGINE OVERHAUL

GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND EUCALYPTUS AVENUE.

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

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

REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS

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

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Holt Blvd Car Wash, of Ontario, California, for full- service car wash and detailing services in the amount of $180,000, for a total not-to-exceed contract amount of $330,000 over the three-year term.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Goods and Services Agreement with Safety Kleen Systems, Inc., of Richardson, Texas, for the procurement of ﬂeet oil, lubricants, and other related items in the amount of $1,050,000, for a total not-to-exceed contract amount of $1,200,000, extend the term through Fiscal Year 2026-27, and authorize the option to extend the Agreement for up to three (3) additional one- year terms.

That the City Council authorize the City Manager, or his designee, to execute a sole source CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

CoOPD ESN 53109 Quote v3.pdf

11. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH MILLER ARCHITECTURAL

CORPORATION FOR ARCHITECTURAL DESIGN SERVICES FOR THE PERMANENT FACILITY

FOR THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE

ATTACHMENT:

Miller Amendment No. 1.doc

12. A CONSTRUCTION CONTRACT WITH BERNARDS BROS, INC., AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SMITH-EMERY LABORATORIES, INC., FOR ON-

CALL GEOTECHNICAL AND MATERIAL TESTING FOR THE CITY SERVICES BUILDING PROJECT

ATTACHMENT:

Bernards Bros., Inc. - Construction Contract.pdf

ATTACHMENT:

Smith-Emery Laboratories, Inc. - Amendment No. 1.pdf

13. A CONSTRUCTION CONTRACT WITH ELEGANT CONSTRUCTION, INC. FOR THE EUCLID

AVENUE MONUMENT SIGN PROJECT
purchase contract with Safran Helicopter Engines USA, Inc., of Grand Prairie, Texas, in the approximate amount of
$569,342
to overhaul the engine of one of the City's Police Air Support helicopters.

That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Design Services Agreement with Miller Architectural Corporation, of Redlands, California, for the architectural design services for the permanent facility for the Animal Resource Center of the Inland Empire, in the amount of $3,116,400 for a total not-to- exceed contract amount of $3,235,075.

That the City Council take the following actions:

A
.

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

D&C22-015 City Services Building with Bernards Bros, Inc., of San Fernando, California, for the construction of the City Services Building in the amount of $42,880,000 plus a 10% contingency of $4,288,000, for a total not-to-exceed contract amount of $47,168,000;
B
.

Authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Smith-Emery Laboratories, Inc., of Los Angeles, California, for on-call geotechnical and material testing for the City Services Building in the amount of $210,165 for a total not-to-exceed contract amount of $360,165; and C
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No. PM 2526-2 with Elegant Construction, Inc., of Irvine, California, for the Euclid Avenue CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

Elegant Construction, Inc. - Euclid Monument Agreement 1.pdf

14. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH WAKECO, INC. AND AN

AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CONSTANT TECHNOLOGIES, INC., FOR THE ONTARIO POLICE DEPARTMENT REAL TIME INFORMATION

CENTER AND TENANT IMPROVEMENT PROJECT

ATTACHMENT:

Constant Technologies, Inc. - Amendment No. 2.pdf

ATTACHMENT:

Wakeco, Inc.- Change Order No. 6.pdf

15. A RESOLUTION APPROVING AMENDMENT NO. 6 TO THE CHINO BASIN DESALTER

AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT

ATTACHMENT:

CDA Amendment No. 6 Ontario Resolution_RM
Monument Sign Project in the amount of $597,000 plus a 15% contingency of $89,550 for a total not-to-exceed contract amount of $686,550; and B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract 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:

A
.

Authorize the City Manager, or his designee, to execute Change Order No. 6 to the Construction Contract No. D&C23-014 with Wakeco, Inc., of Temecula, California, for the Ontario Police Department (OPD) Real Time Information Center (RTIC) and Tenant Improvement (TI) project in the amount of $207,480 plus a contingency of $361,100 for a new total not-to-exceed contract amount of $4,540,680;
B
.

Authorize the City Manager, or his designee, to approve Amendment No. 2 to the Goods and Services Agreement with Constant Technologies, Inc., of North Kingstown, Rhode Island, for the OPD RTIC and TI project in the amount of $13,038 for a total not-to- exceed contract amount of $806,743, which includes a previously approved contingency amount of $10,856; and
C
.

That the City Council adopt a Resolution approving Amendment No. 6 to the Chino Basin Desalter Authority Joint Exercise of Powers Agreement (JPA) with the Chino Basin Desalter Authority (CDA), subject to non-substantive changes and approval by all CDA Member Agencies; and authorize the City Manager to execute the Amendment.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE CHINO BASIN DESALTER AUTHORITY.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

Amendment No. 6 to Joint Powers Agreement^01.pdf

16. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDING FROM

THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES - BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM ROUND 2

ATTACHMENT:

Behavioral Health Continuum Infrastructure Program Round 2 Funding RESO_RM

17. A PROFESSIONAL SERVICES AGREEMENT WITH UNIVERSAL PROTECTION SERVICE, LP, DBA

ALLIED UNIVERSAL SECURITY SERVICES, FOR JAIL FACILITY STAFFING SUPPORT SERVICES

ATTACHMENT:

Revised 2024 Ontario - Model Professional Services Agreement_ Jail RFP 2025 w Approved Ins Min.pdf

18. AUTHORIZE THE RENEWAL OF THE CITY'S BUSINESS INTELLIGENCE AND DATA VISUALIZATION PLATFORM, SISENSE, INC.

ATTACHMENT:

SiSense Renewal_2026.pdf
That the City Council take the following action:

A
.

Adopt a Resolution approving the ﬁling of an application for $25 million in grant funds from the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Phase 2 for the Ontario Wellness Campus.

B
.

Authorize the City Manager or designee to execute any documents or agreements needed to complete the application and implement the grant; and C
.

If awarded, accept funding of $25 million from the California Department of Health Care Services.

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

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HEALTH CARE

SERVICES (DHCS) FOR FUNDING UNDER THE BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM ROUND 2 (2025): UNMET NEEDS; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BHCIP ROUND 2: UNMET NEEDS PROGRAM.

That City Council authorize the City Manager, or his designee, to execute a Professional Services Agreement for up to ﬁve years with Universal Protection Service, LP, dba Allied Universal Security Services of Irvine, California, for jail facility staﬃng and support services for a not-to-exceed agreement amount of $4,735,387.

That the City Council authorize the City Manager, or his designee, to execute a renewal with Sisense, Inc., of New York, NY, for licensing, and increasing the subscription amount by $108,000 for a one-year term, for a total subscription amount not-to-exceed $499,286.

PUBLIC HEARINGS

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

19. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA25- 002 REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE

ATTACHMENT:

PC Back-up PDCA25-002.pdf

ATTACHMENT:

20251021 PDCA25-002 Dev Code Amendment 2_ORD_RM

ATTACHMENT:

20251021 PDCA25-002 Dev Code Amendment #2 - Redline Text.pdf

20. RESOLUTIONS AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2) SPECIAL TAX BONDS, SERIES 2025 AND

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

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

PDCA25-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-002, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), AND 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council take the following actions:

A
.

Consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 71 (Neuhouse Phase 2) Special Tax Bonds, Series 2025, in an aggregate principal amount not-to-exceed $17 million, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement, and a Continuing Disclosure Agreement, authorizing the distribution of an Oﬃcial Statement, authorizing the execution of necessary documents and certificates and related actions; B
.

Consider and adopt a Resolution of the City of Ontario making a declaration of oﬃcial intent to reimburse facilities expenditures with bond proceeds and related actions; C
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Neuhouse Phase 2 project and the Ontario Ranch development;
D
.

Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

CFD 71 Neuhouse Phase 2 01 Authorizing the Issuance of Bonds RESO_RM

ATTACHMENT:

CFD 71 Neuhouse Phase 2 02 Declaration Intent to Reimburse Facilities Expenditures RESO_RM

ATTACHMENT:

CFD 71 Neuhouse Phase 2^03 Indenture.pdf

ATTACHMENT:

CFD 71 Neuhouse Phase 2^04 Bond Purchase Agreement.pdf

ATTACHMENT:

CFD 71 Neuhouse Phase 2^05 Continuing Disclosure Agreement.pdf

ATTACHMENT:

CFD 71 Neuhouse Phase 2^06 Preliminary Official Statement.pdf Disclosure Agreement, and the Preliminary Official Statement; E
.

Authorize a negotiated sale of the special tax bonds to Samuel A. Ramirez & Co., in accordance with the terms of the Bond Purchase Agreement; and F
.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2) SPECIAL TAX BONDS, SERIES 2025, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $17,000,000 AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A

BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT, AUTHORIZING

THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND

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

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

DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR COSTS OF FACILITIES WITH BOND PROCEEDS AND RELATED ACTIONS.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

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

ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
SEPTEMBER 16, 2025
(Not Official Until Approved)
(

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, September 16, 2025, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:01 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: Jim W. Bowman

Also present were Assistant City Manager / Assistant Executive Director Darlene Sanchez, 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 reported.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session item. Hearing no one, City Attorney Duran announced the matter for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 6:02 p.m.

GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUN SEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038

OPEN MEETING CALLED TO ORDER

Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Macias.

11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 2 of 9 ends

INVOCATION

Invocation was led by Pastor Sean Thurin from Calvary Chapel Ontario.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

SPECIAL PRESENTATION

PROCLAMATION OF SEPTEMBER 2025 AS NATIONAL PREPAREDNESS MONTH

The City Council proclaimed September 2025 as National Preparedness Month in the City of Ontario.

PUBLIC COMMENT

Mayor Leon called upon the first speaker:

Tina Silva, gave a land acknowledgement and spoke regarding immigration enforcement.

Michael Rios, requested a response to issues raised at previous City Council meetings.

Kizzee, spoke regarding homelessness and speeding concerns in his neighborhood.

Michael Krouse, announced the Route 66 and the Ontario Baseball Club Launch Party events at Town Square.

Eugenio Lozano, spoke regarding homelessness and speeding concerns.

Judith Piña, from the California Department of Insurance announced customer protection resources.

AGENDA REVIEW/ANNOUNCEMENTS

Assistant City Manager Sanchez had no announcements.

CONSENT CALENDAR

Public Comment
Mayor Leon called upon the speakers:

Michael Rios, spoke in opposition to Item 7.

Tommy Mushegain, spoke in opposition to Items 4 and 6.

MOTION: Moved by Council Member Macias, seconded by Council Member Porada and carried by a unanimous vote of 4-0, with Council Member Bowman absent , to approve the consent calendar as presented.

12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 3 of 9 ends

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of August 19, 2025, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Bills August 8, 2025 through August 28, 2025, in the amount of $73,862,840.65, and Payroll July 27, 2025 through August 9, 2025, in the amount of $6,299,244.21.

3. A RESOLUTION APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST

OF BAKER AVENUE AND FIFTH STREET

The City Council authorized the City Manager, or his designee, to execute a Quitclaim Deed to Fifth Ave Developments, LLC (Developer).

RESOLUTION NO. 2025 -135 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST OF BAKER AVENUE AND FIFTH STREET.

4. A PROJECT FUNDING AGREEMENT FOR THE STATE ROUTE 60/EUCLID

AVENUE INTERCHANGE PHASED IMPROVEMENTS PROJECT

The City Council approved a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the State Route 60 (SR -60)/Euclid Avenue Interchange Phased Improvements P roject and authorized the City Manager, or his designee, to execute said Agreement and future amendments to the Agreement within the City Council approved budget.

5. A RESOLUTION ADOPTING THE AMENDED MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 THROUGH 2029-30

AND A RESOLUTION ADOPTING THE MEASURE I FIVE -YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31

The City Council took the following actions:

A. Adopted an amended Resolution for the Fiscal Years 2025-26 through 2029- 30 Measure I Five-Year Capital Project Needs Analysis (CPNA), and B. Adopted a Resolution approving the Fiscal Years 2026 -27 through 2030 -31 Measure I Five-Year CPNA; and
C. Authorized the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 4 of 9 ends

RESOLUTION NO. 2025-136 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING THE AMENDED MEASURE I FIVE- YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025 -26 THROUGH 2029-30.

RESOLUTION NO. 2025 -137 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE -YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31.

6. ACCEPT WRITTEN PETITIO N TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES; AND ADOPT A

RESOLUTION DECLARING IT NECESSARY TO INCUR BONDED

INDEBTEDNESS

The City Council took the following actions:

A. Accepted a written petition from KB Home Cal Management Services LLC. ("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello -Roos Community Facilities Act of 1982;
B. Adopted a Resolution of Intention to establish City of Ontario Community Facilities District No. 76 (Compass Pointe), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, November 4, 2025; and
C. Adopted a Resolution Declaring it Necessary for the City of Ontario Community Facilities District No. 76 (Compass Pointe) to Incur Bonded Indebtedness.

RESOLUTION NO. 2025 -138 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A

COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAME D CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.

RESOLUTION NO. 2025 -139 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DECLARING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) TO INCUR BONDED INDEBTEDNESS.

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATHENS INSURANCE SERVICE, INC. FOR THIRD -PARTY ADMINISTRATION

SERVICES FOR WORKERS' COMPENSATION CLAIMS

14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 5 of 9 ends

The City Council authorized the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with Athens Insurance Service, Inc., of Concord, California, for third -party administration and training services for workers’ comp ensation claims in the amount of $1,827,060 for a total not-to-exceed amount of $3,641,520.

8. AUTHORIZE THE PURCHASE AND INSTALLATION OF MOBILE DATA

COMPUTERS

The City Council authorized the City Manager, or his designee, to purchase and install mobile data computers (MDC) from CDCE, Inc., of Yorba Linda, California, in the amount of $780,328.

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP, LLC., FOR PROJECT MANAGEMENT

FOR THE PUBLIC SAFETY DISPATCH AND POLICE REPORT MANAGEMENT

SYSTEM REPLACEMENT PROJECTS

The City Council authorized the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with National Public Safety Group (NPSG) LLC., of Aberdeen, North Carolina, for selection, procurement, and project management increasing the authorized contract amount by $301,059, for a total contract not-to-exceed amount of $1,264,693 and increase the term for an additional two years.

10. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-

COM BUSINESS PRODUCTS FOR THE PROFESSIONAL BASEBALL STADIUM

AND THE ONTARIO PROMISE CORPS PROGRAM SPACE AND MOBILITY HUB

The City Council took the following actions:

A. Authorized a Cooperative Purchase Agreement for D&C23 -011 Professional Baseball Stadium 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 $2,938,147 plus a 10% contingency of $293,815, for a total not-to-exceed contract amount of $3,231,962, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97; B. Authorized a Cooperative Purchase Agreement for D&C23 -026 Ontario Promise Corps Program Space and Mobility Hub with Info -Com, of Altadena, California, for the purchase and installation of furniture in the amount of $201,630 plus a 10% contingency of $20,163, for a total not-to-exceed contract amount of $221,793, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97; and
C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities. 15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 6 of 9 ends

11. AN ORDINANCE APPROVING FILE NO. PUD23 -001, A PLANNED UNIT DEVELOPMENT ON 0.37-ACRE OF LAND LOCATED AT 111 NORTH

MONTEREY AVENUE

The City Council adopted an Ordinance approving File No. PUD23 -001, the Monterey Avenue Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a commercial development at 111 North Mon terey Avenue. First reading and introduction took place at the regular meeting on September 2, 2025.

ORDINANCE NO. 3313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23 -001, A PLANNED

UNIT DEVELOPMENT TO ESTABLI SH DEVELOPMENT STANDARDS, DESIGN

GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR PROPERTY LOCATED AT 111 NORTH MONTEREY AVENUE, WITHIN LUA -3 (HOLT BOULEVARD) OF THE MU -1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1048-523-15.

PUBLIC HEARINGS

12. A PUBLIC HEARING TO CONSIDER FILE NO. PUD23 -003, A PLANNED UNIT DEVELOPMENT ON 2.07 ACRES OF LAND LOCATED AT 1389 EAST HOLT

BOULEVARD

The City Council introduced and waived further reading of an Ordinance approving File No. PUD2 3-003, the Holt Residential Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a residential development at 1389 East Holt Boulevard.

ORDINANCE NO. 331 4 (FIRST READING) AN ORDINANC E OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PUD23-003, A PLANNED UNIT DEVELOPMENT TO ESTABLISH PLANNING AND

DESIGN PRINCIPLES, DEVELOPMENT REGULATIONS, AND PERFORMANCE STANDARDS TO GOVERN FUTURE DEVELOPMENT OF 2.07 ACRES OF LAND, LOCATED AT 1389 EAST HOLT BOULEVARD, WITHIN THE MU -6 (EAST HOLT

MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0110-071-02.

Notice of public hearing was duly given. Affidavits of compliance were 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 on e, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 4-0, with Council Member Bowman absent, to introduce Ordinance No. 3314.

16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 7 of 9 ends

13. A PUBLIC HEARING TO CONSIDER THE FIRST AMENDMENTS TO THE FISCAL YEAR 2023-24 AND 2024-25 HUD ONE-YEAR ACTIONS PLANS

The City Council took the following actions:

A. Conducted a Public Hearing and receive comments related to the First Amendments to the Fiscal Year 2023-24 and 2024-25 One-Year Action Plans; B. Approved the First Amendments to the Fiscal Year 2023-24 and 2024-25 One- Year Action Plans; and
C. Authorized the City Manager, or his designee, to execute any related documents and agreements necessary to implement the amendments.

Notice of public hearing was duly given. Affidavits of compliance were 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 Porada, seconded by Council Member Macias and carried by a unanimous vote of 4 -0, with Council Member Bowman absent, to approve the amendments to the Fiscal Year 2023-24 and 2024-25 HUD One-Year Action Plans.

14. A PUBLIC HEARING TO CONSIDER ADOPTION OF THE CONSOLIDATED

ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2024-25

The City Council took the following actions:

A. Conducted a public hearing and receive comments on the draft Fiscal Year 2024-25 Consolidated Annual Performance and Evaluation Report (CAPER); B. Authorized Staﬀ to submit the final Fiscal Year 2024 -25 CAPER to the U.S.

Department of Housing and Urban Development (HUD); and
C. Authorized the City Manager, or his designee, to execute all documents necessary to submit the CAPER.

Notice of public hearing was duly given. Affidavits of compliance were 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 on e, Mayor Leon closed t he public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Mayor Leon and carried by a unanimous vote of 4-0, with Council Member Bowman absent, to adopt the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

15. AN ORDINANCE AMENDING SECTION 4-6.1305 OF THE ONTARIO MUNICIPAL

CODE RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS 17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 8 of 9 ends

The City Council introduced an Ordinance amending Section 4-6.1305 of the Ontario Municipal Code relating to permit parking zones on residential streets.

ORDINANCE NO. 3315 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA , AMENDING SECTION 4 -

6.1305 OF THE ONTARIO MUNICIPAL CODE RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS.

There were no written communications to the item . Mayor Leon inquired if anyone was interested in speaking to the item . Hearing no one, Mayor Leon opened the item for Council discussion.

Council Member Porada thanked Staff for adding the item to the agenda.

MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 4 -0, with Council Member Bowman absent, to introduce Ordinance No. 3315.

STAFF MATTERS

Assistant City Manager Sanchez made no announcements.

COUNCIL MATTERS

Council Member Porada announced the upcoming Ontario Heritage Cemetery Tour event.

Mayor pro Tem Wapner thanked a speaker for their comment.

Council Member Macias made no comments.

Mayor Leon made no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:01 p.m., and announced the next regular meeting was scheduled for October 7, 2025.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 16, 2025

Page 9 of 9 ends

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
19 Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

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

AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER)

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The use of Mello-Roos ﬁnancing in the South Ontario Logistics Center Services development is projected to generate approximately $88,518 per year, at build-out, to fund administrative fees and municipal services.

City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 (the Act) provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to ﬁnance municipal services. Municipal Services that may be funded by a community facilities district include: police protection services, maintenance and lighting or parks, parkways, streets, roads and open space, ﬂood and storm protection services, maintenance and operation of ﬁber optic telecommunications, wireless communication and public safety camera systems and maintenance, and operation of any real property of other tangible property with an estimated useful life of ﬁve or more years that is owned by the City.

At a public hearing conducted by the City Council on October 7, 2025, the City Council adopted a Resolution of Formation of Community Facilities District No. 69 (South Ontario Logistics Center); authorized the levy of a special tax; established an appropriations limit of the Community Facilities District; and called a special election for the Community Facilities District. On that date, an election 20 was held in which the qualiﬁed electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act. Adoption of the proposed Ordinance to authorize the levy of special taxes within the Community Facilities District will conclude the formation process for the City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services).

At build-out, the project is expected to include ﬁve industrial buildings totaling approximately 340,313 square feet.
21 ORDINANCE NO. ________

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DIS TRICT NO. 69 (SOUTH ONTARIO
LOGISTICS CENTER SERVICES).

WHEREAS, on August 19, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services) and to Authorize the Lev y of a Special Tax Therein” stating its intention to establish City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain services (the “Services”); and

WHEREAS, on October 7, 2025, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and

WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ” (t he “Resolution of Formation”) and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services ),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District, proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and

WHEREAS, on October 7 , 2025 , an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and

WHEREAS, the City Council is the legislative body of the Community Facilities District.

THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

22 SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. 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 21st day of October 2025.

_____________________________________
PAUL S. LEON, MAYOR
23 ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

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. 3316 was duly introduced at a regular meeting of the City Council of the City of Ontario held October 7, 2025, and adopted at the regular meeting held October 21, 2025 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. 3316 duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025 and that Summaries of the Ordinance were published on October 14, 2025 and October 28, 2025, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
25 Department: Public Works
Prepared By: Brittney Bartter
Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea Ampig, Bonnie
Tam
Approved By:

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

A CONSTRUCTION CONTRACT WITH J&E CONSTRUCTION FOR THE GEYER COURT

IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
October 21, 2025
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 which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract 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:

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:

The proposed Construction Contract wit
h J&E Construction is in the amount of
$1,379,328, plus a 10% contingency of $137,933 for a total not-to-exceed co ntract amount of
$1,517,261. T
he Fiscal Year 2025-26 Adopted Budget includes appropriations in Water Capital and Measure I Funds for the construction of the Geyer Court Improvements Project.

BACKGROUND & ANALYSIS:

The Geyer Court Improvements Project is located along Geyer Court from Euclid Avenue to the end of the cul-de-sac. A project location map is provided for reference as Exhibit A. The general scope of work to be performed under this Construction Contract consists of 26 removal of damaged pavement, placement of new asphalt pavement, curb ramps, sidewalk, driveways, a new potable water main, new storm drain facilities, streetlights, and various other furnishings necessary to complete the improvements as described in the Plans and Speciﬁcations.

These improvements are expected to extend the lifespan of the street by 15 years.

In July 2025, the City solicited bids for Bid No. 1932 and t en (10) bids were re
ceived. The following is
a summary of the bid results:

Company
Location
Amount
J&E Construction
Chino, CA
$1,379,328
All American Building Services
Santa Clarita, CA
$1,539,439
Marjani Builders, Inc.

Rancho Mission Viejo, CA
$1,567,100
Gentry Brothers, Inc.

Irwindale, CA
$1,596,850
A
ll American Asphalt
Corona, CA
$1,614,144
Gentry General Engineering, Inc.

Colton, CA
$1,675,031
Armstrong Cal Builders, Inc.

Stanton, CA
$1,695,730
DEARK E&C, Inc.

Fullerton, CA
$1,822,000
Lonerock, Inc.

Irvine, CA
$2,048,500
LuMar Corporation
Los Angeles, CA
$2,206,792

J&E Construction, of Chino, California, is the apparent low bidder that met all the required speciﬁcations with a base cost of $1,379,328. Based on the credentials and favorable reference checks, Staﬀ recommends awarding a construction contract to J&E Construction for the Geyer Court Improvements Project.

ENVIRONMENTAL REVIEW: The environmental impacts of this project were reviewed and Staﬀ determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 27 46700.00100\33865502.1

(BB&K 2020) -0i-

SECTION 00500

CONTRACT
THIS CONTRACT is entered as of ____________, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and J&E CONSTRUCTION, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated 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:

GEYER COURT IMPROVEMENTS PROJECT (ST2505)
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 within 120 working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract 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 One Million Three Hundred Seventy-Nine Thousand Three Hundred Twenty-Eight Dollars and 00/100 ($1,379,328.00), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

28 46700.00100\33865502.1

(BB&K 2020) -1i-

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, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of Four Thousand Two Hundred Dollars ($4,200.00) for each and every calendar day of delay in completing the Work 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 the Liquidated Damages are 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 Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference
 Notice Inviting Bids
 Instructions to Bidders
 Bid Form
 Contractor’s Certificate Regarding Workers’ Compensation form  Bid Bond
 List of Subcontractors form
 Contractor Information and Experience Form
 Non-Collusion Declaration form
 Public Works Contractor Registration Certification form  Iran Contracting Act Certification form
 Fleet Compliance Certification form
 Contract
 Performance Bond
 Payment Bond
 Environmental documents and approvals (If Applicable)  General Conditions
 Special Conditions
29 46700.00100\33865502.1

(BB&K 2020) -2i-

 Standard Specifications for Public Works Construction (Greenbook), latest Edition, except Sections 1-9
 Technical Specifications
 Addenda (If Applicable)
 Plans and Drawings
 Approved and fully executed Change Orders
 Applicable Local Agency Standards and Specifications, as last revised  Federal Requirements (If Applicable)
 Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. 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 Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification 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 City Clerk’s office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

30 46700.00100\33865502.1

(BB&K 2020) -3i-

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

J&E CONSTRUCTION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT

31 GEYER COURT IMPROVEMENTSProject No. ST2505EUCLID AVENUE TO NORTH ENDCA-60 FREEWAY GEYER CT.

WALNUT ST.EUCLID AVE.

PLUM LN.

OAK HILL ST.BANYAN ST.PROJECTLOCATION
N.T.S.
32 Department: Public Works
Prepared By: Brittney Bartter
Department:

Prepared By: Brittney Bartter
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea Ampig, Bonnie
Tam
Approved By:

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

A RESOLUTION ORDERING THE SUMMARY VACATION OF THE RIGHT-OF-WAY IN

A PORTION OF MISSION BOULEVARD AND RECONVEYING ANY OF THE CITY'S

INTEREST THEREIN

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this action. The developer has paid the applicable processing fees to defray any City cost to process this request.

BACKGROUND & ANALYSIS:

The applicant, Phelan Development Company, has requested that the City vacate existing right-of-way, as shown on Exhibit 1, to facilitate the development of the area.

The right-of-way is not needed for any present or future street purposes. There are currently no existing public utilities within the right-of-way, and the right-of-way is determined to be in excess.

Section 8334(a) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) any excess right-of-way of street or highway not required for street or highway purposes. This summary vacation meets the California Government Code, Streets and Highways Code, Ontario Municipal Code, and has been reviewed and approved by the City Engineer.
33 34

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTA RIO,

CALIFORNIA, ORDERING THE SUMMARY VACATION OF THE RI GHT-

OF-WAY IN A PORTION OF MISSION BOULEVARD AND
RECONVEYING ANY OF THE CITY'S INTEREST THEREIN.

WHEREAS, the City Council of the City of Ontario, California, pursuant to Division 9, Part 3, Chapter 4, of the Streets and Highways Code, may summarily vacate an easement under certain conditions specified therein; and

WHEREAS, a portion of right-of-way of a public street located near the southwest corner of Cucamonga Avenue and Mission Boulevard, shown on a portion of Parcel A on Lot Line Adjustment Owner’s Certificate No. LLA 27-017, in the City of Ontario, County of San Bernardino, State of California, as per Instrument No. 2025-0137121 recorded June 16, 2025, of Official Records in the Office of the County Recorder of Said County , is not needed for any present or future street or public utility or other municipal purposes and is determined to be excess;

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

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

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

1. That the above recitals are true and correct.

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

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

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

35 PASSED, APPROVED, AND ADOPTED this 21st day of October, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

36 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held October 21, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

37 EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:

PARCEL “A”:

THAT PORTION OF LOT 224, VILLA PLOTS, SOUTH SIDE TRACT, AS PER MAP THEREOF RECORDED IN BOOK 6 OF MAPS, PAGE 11, IN THE OFFICE OF THE CO UNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF THE PROPERTY QUITCLAIME D TO THE STATE OF CALIFORNIA DESCRIBED IN DEED RECORDED AUGUST 23, 1 948 IN BOOK 2282 PAGE 150, SAID POINT ALSO BEING IN THE WEST LINE OF SAID LOT 224, A DISTANCE OF 152.8 SOUTH OF THE SOUTH LINE OF CALIFORNIA STREET AS DESCRIBED IN DEE D RECORDED SEPTEMBER 28, 1929 IN BOOK 549, PAGE 29,OF OFFICIAL RECORDS, OF SAID COUN TY RECORDER; THENCE ALONG THE NORTH LINE OF SAID STATE PROPERTY, NORTH 89° 37’ 50” EAST 189.52 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00° 20’ 32” EAST ALONG A LINE PARALLEL WITH SAID WEST LINE, 40.15 FEET TO A LINE LYING 75.09 FEET NORTHERLY OF AND PA RALLEL WITH THE CENTERLINE OF MISSION BOULEVARD AS SHOWN ON PARCEL MAP NO. 17575, RECORDED IN BOOK 219, PAGES 69-70,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY , MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL LINE, NORTH 89° 37’ 49” WEST 189.53 FEET TO A POINT ON THE WEST LINE OF SAID LOT 224, LYING DISTANT THE REON 37.71 FEET SOUTH 00° 20’ 32” EAST OF THE POINT OF BEGINNING, HEREINAFTER REFERRE D TO AS POINT “A”; THENCE NORTH 00° 20’ 10” WEST 37.71 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THAT REAL PROPERTY, MORE PARTICULARLY DESCRIBE D AS FOLLOWS:

BEGINNING AT HEREINABOVE DESCRIBED POINT “A”; THENCE ALONG SAID WEST LINE OF SAID LOT 224, NORTH 00° 20’ 32” WEST 22.50 FEET; THENCE SOUTH 47° 23’ 34” EAST 33.47 FEET; THENCE NORTH 89° 37’ 49” WEST 24.50 FEET TO THE POINT OF BEGINNING.

CONTAINING 7,102 S.F. ±

APN: 1049-382-01

PARCEL “B”:

BEGINNING AT THE NORTHWEST CORNER OF THE PROPERTY GRANTED TO THE STATE OF CALIFORNIA DESCRIBED IN DEED IN BOOK 1699 PAGE 173, RECORDED AUGUST 16, 1944; THENCE ALONG THE NORTH LINE OF SAID STATE PROPERTY, SOUTH 89°38’45” EAST 90.01 FEET TO THE

SOUTHEAST CORNER OF THE PROPERTY GRANTED TO THE CITY OF ONTARIO DESCRIBED IN DEED 38 RECORDED MARCH 22, 2004 AS DOCUMENT NO. 2004-019355 3; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID CITY PROPERTY, SOUTH 00° 20’ 32” EAST

0.97 FEET TO A LINE LYING 75.09 FEET NORTHERLY OF AND PARALLEL WITH SAID CENTERLINE OF MISSION BOULEVARD, MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL LINE, NORTH 89° 37’ 49” WEST 90.01 FEET TO A POINT ON THE EAST LINE OF SAID STATE PROPERTY; THENCE ALONG SAID EAST LINE, NORTH 00° 20’ 32” WEST 0.95 FEET TO THE POINT OF BEGINNING.

CONTAINING 86 S.F. ±

APN: 1049-382-02

RESERVING FROM PARCELS "A" AND "B" ABOVE, ALL RIGHTS OF INGRESS TO AND EGRESS FROM LAND ADJACENT TO MISSION BOULEVARD.

EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.

04/11/2023
JOHN P. GERVAIS, PLS 8674

09/1/2024
39 40
41 Department: Public Works
Prepared By: David Zurita
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Khoi Do, Bonnie
Tam
Approved By:

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

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20472 LOCATED ON THE SOUTHWEST

CORNER OF HAVEN AVENUE AND EUCALYPTUS AVENUE

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

There is no direct ﬁscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

KB Home Cal Management, LLC ("Developer") has submitted Final Tract Map No. 20472, consisting of 198 numbered lots and 44 lettered lots on 52 acres of land, as shown on Exhibit A. Tentative Tract Map No. 20472 was approved by the Planning Commission on December 18, 2023.

The Final Tract Map improvements will include streets, sewer main and lateral, water main and lateral, recycled water main and lateral, ﬁber optic conduits, and parkway landscape with irrigation.

All landscape improvements will be consistent with the City's Landscape Development Guidelines and the Model Water Efficiency Landscape Ordinance.

The Developer has entered into an Improvement Agreement with the City for Final Tract Map No. 20472 and posted adequate security to ensure construction of the required improvements. This 42 map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
43 VICINITY MAP

PROJECT SITE
44 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20 472

GENERALLY LOCATED AT THE SOUTH WEST CORNER OF HAVEN
AVENUE AND EUCALYPTUS AVENUE.

WHEREAS, Tentative Tract Map No. 20472, submitted by KB Home Cal Management, LLC., was approved by the Planning Commission of the City of Ontario on December 18, 2023; and

WHEREAS, Tentative Tract Map No. 20472 consists of 198 numbered lots and 44 lettered lots, in the City of Ontario, County of San Bernardino, State of California, being a subdivision of Parcel “A” as shown on Lot Line Adjustment No. LLA18-006, as evidenced by document recorded August 7, 2019 as Document No. 2019-0269171 and Parcel 2 as shown on Certificate approving a Lot Line Adjustment No. 07 -010 as evidenced by document recorded June 10, 2008 as Document No. 2008-0263645, both records of said county; and

WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20472, KB Home Cal Management, LLC. has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and

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

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

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

3. That Final Tract Map No. 20472 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

PASSED, APPROVED, AND ADOPTED this 21st day of October 2025.

_____________________________________
PAUL S. LEON, MAYOR
45 ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY

46 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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Department: Community Improvement
Prepared By: Angel Hamilton
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The levy of special assessments will result in the recovery of $96,425 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $236,010 associated with civil penalties and/or ﬁnes for continued violations, for a total of $332,435 related to 168 parcels. When received, these reimbursements will be deposited into the General Fund. The Fiscal Year 2025-26 Adopted Budget includes special assessment revenue in the General Fund for these types of levies.

BACKGROUND & ANALYSIS:

The City has established administrative citations and ﬁnes for property maintenance violations and fees and penalties associated with the Systematic Health and Safety Inspection Program, Abandoned and Distressed Property Program, and the Weed and Refuse Abatement Program. These costs, ﬁnes, fees, and penalties are recovered through placement of special tax assessments upon the properties. The placement of special assessments and collection of revenue is done under Ordinance 3046, Property Appearance (Title 5, Chapter 22 of the Ontario Municipal Code); Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings; and Ordinance 2920 for civil penalties for continued violations of the Ontario Municipal Code and ﬁnes associated with administrative citations (Title 1, Chapters 2 and 5 of the Ontario Municipal Code).

The City and the County of San Bernardino currently have a contractual agreement regarding the implementation of special assessments; however, a Resolution authorizing the placement of the speciﬁc assessments is required. During this assessment cycle, the Community Improvement 137
Department has billed property owners for: the abatement of violations; the issuance of ﬁnes associated with administrative citation; the issuance of fees and penalties associated with the Systematic Health and Safety Inspection Program; the issuance of registration fees and civil penalties associated with the Abandoned and Distressed Property Program; the issuance of notice and re-inspection fees; and civil penalties for the Weed and Refuse Abatement Program on 326 parcels. Of these, there are remaining amounts due on 168 parcels.

Attached are itemized accounts that include: 1) costs associated with inspection or abatement as shown in Exhibit A of the Resolution; 2) civil penalties and/or ﬁnes for continued violations as shown in Exhibit B of the Resolution; and 3) total amounts per parcel as shown in Exhibit C of the Resolution. All aﬀected property owners were given notice of the imposition of special assessments via certiﬁed mail as provided in Ontario Municipal Code Section 1-4.05(a) and have either not requested an appeal or have exhausted the appellate procedure in Ontario Municipal Code Section 1-4.05(b).
138
RESOLUTION NO. ________

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

CALIFORNIA, ADOPTING A REPORT REQUESTING THE PLACEMENT

OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR CIVIL

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

WHEREAS, Ordinance No. 3046, Property Appearance (Title 5, Chapter 22, of the Ontario Municipal Code) and Chapter 9 of the Uniform Code for the Aba tement of Dangerous Buildings provide for the abatement of property nuisances by repair, rehabilitation, demolition or removal; and

WHEREAS, under Resolution 94-112, Resolution ORA-499, and the Cooperation and Reimbursement Agreement entered into on the 1 5th day of November, 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one -time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or abate dangerous buildings and properties throughout the City; and

WHEREAS, under a first amendment to the Cooperation and Reimbursement Agreement entered into on the 16th day of July 1996, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency ma de an additional advance to the City of One Hundred Thousand Dollars ($100,000) to continue to repair or abate dangerous buildings and properties throughout the City; and

WHEREAS, under Resolution 94-113, Resolution ORA-500, and the Cooperation and Reimbursement Agreement entered into on the 15 th day of November 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one -time advance to the City of Thirty Thousand Dollars ($30,000) to repair or abate dangerous buildings and properties in the 6th and Grove area; and

WHEREAS, under Resolution 94 -12, Resolution ORA -464, and the Cooperation and Reimbursement Agreement entered into on the 22 nd day of February 1994, by the City of Ontario and the Ontario Redevel opment Agency, the Ontario Redevelopment Agency made a one -time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or demolish dangerous buildings throughout the City; and

WHEREAS, Ordinance No. 2894, Systematic Health and Safety Inspection Program (Title 8, Chapter 17, of the Ontario Municipal Code), provides for the collection of unpaid service fees, plus any penalties and accrued interest by Special Assessment; and

WHEREAS, Ordinance No. 2920, provides for the assessment of civil penalties for continued violations of the Ontario Municipal Code (Title 1, Chapter 2 of the Ontario Municipal Code), and for fines associated with administrative citations to be collected by Special Assessment (Title 1, Chapter 5 of the Ontario Municipal Code), and establishes a uniform procedure before imposing such Special Assessments (Title 1, Chapter 4 of the Ontario Municipal Code); and

139
WHEREAS, the above said ordinances, resolutions a nd agreements provide for recovery of costs incurred in the abatement of violations by means of a Special Assessment placed on the tax rolls; and

WHEREAS, the City has incurred costs involved in the abatement of violations under the Ontario Municipal Code and Uniform Code for the Abatement of Dangerous Buildings, issuing Notices of Violation, and administering the Systematic Health and Safety Program and wishes to recover said costs; and

WHEREAS, the owners of all parcels listed in Exhibit A, B, and C were given notice of imposition of such Special Assessment as provided in Ontario Municipal Code Section 1-4.05(a), and either have not requested an appeal, or have exhausted the appellate procedure provided in Ontario Municipal Code Section 1-4.05(b); and

WHEREAS, the City has an executed contract with the San Bernardino County Board of Supervisors for collection of said assessments.

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

1. Confirmed the costs associated with in spection or abatement on the properties as set forth in the report in Exhibit A; and

2. Confirmed the civil penalties and/or fines for continued violations on the properties as set forth in the report in Exhibit B; and

3. Confirmed that Exhibit C contains the total amount assessed for both confirmed costs and confirmed civil penalties and/or fines for each of the properties; and

4. Found and determined that the report, and Exhibits contained therein are true and accurate; and

5. Adopts the above said report and finds that the costs of inspection or abatement on the properties listed are the costs set forth in Exhibit A, the civil penalties and/or fines for continued violations are the penalties and/or fines as set forth in Exhibit B, and the same are hereby charged and placed as special assessments upon the respective properties; and

6. Directs Exhibit C shall be sent to the Auditor -Controller of San Bernardino County and shall be collected on the County tax roll.

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

140
PASSED, APPROVED, AND ADOPTED this 21st day of October 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

141

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 20 25- duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

142
City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
0108-522-27 1483 E HAWTHORNE ST, Ontario, CA 91764 91.00 0108-573-04 1735 N CORONA AV, Ontario, CA 91764 4,280.00 0110-071-06 1381 E HOLT BL, Ontario, CA 91761 148.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 148.00
0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 334.30 0110-202-46 1440 E FOURTH ST, Ontario, CA 91764 91.00
0110-241-57 1752 E G ST, Ontario, CA 91764 3,176.00
0110-311-51 853 N QVC WY, Ontario, CA 91764 91.00
0110-322-29 2545 E GUASTI RD, Ontario, CA 91761 148.00
0113-361-54 1401 S GROVE AV, Ontario, CA 91761 1,986.00 0209-422-69 1818 N VINEYARD AV, Unit:D, Ontario, CA 91764 155.80 0210-041-58 1434 N SAN DIEGO PL, Ontario, CA 91764 91.00 0210-192-21 2955 E GUASTI RD, Ontario, CA 91761 3,589.00 0210-192-22 2975 E GUASTI RD, Ontario, CA 91761 2,167.00 0210-193-14 3480 SHELBY ST E 148.00
0210-411-26 741 N CORVETTE DR, Unit:1, Ontario, CA 91764 184.00 0210-661-01 3410 E FOURTH ST, Building: , Unit: , Ontario, CA 91764 13,708.00 0216-013-04 2349 S WALKER AV, Ontario, CA 91761 1,965.00 0216-173-11 13180 S BAKER AV, Ontario, CA 91761 156.30
0216-391-27 2638 S WALKER AV, Ontario, CA 91761 91.00
0216-401-62 2550 VINEYARD AV S, Unit:B, Ontario, CA 91761 1,160.78 0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 148.00 0218-272-01 3481 E SWEETBAY WY, Ontario, CA 91761 91.00 0218-272-02 3473 E SWEETBAY WY, Ontario, CA 91761 667.00 0218-372-68 3684 S HYCHE AV, Ontario, CA 91761 46.00
0218-444-37 3927 S TRINITAS WY, Ontario, CA 91761 217.00 0218-523-20 2464 E COLCHESTER ST, Ontario, CA 91761 91.00 0218-613-16 3193 E YELLOWSTONE DR, Ontario, CA 91762 91.00 0238-121-28 1495 S HUDSON AV, Ontario, CA 91761 91.00
0238-193-17 820 S WANAMAKER AV, Building:1, Ontario, CA 91761 981.00 0238-211-56 740 S ROCHESTER AV, Unit:A, Ontario, CA 91761 91.00 1008-513-16 1000 Fourth W, Ontario, CA 91762 91.00
1008-522-01 1000 Fourth W, Ontario, CA 91762 91.00
1008-572-24 1504 W FOURTH ST, Ontario, CA 91762 91.00
1010-182-03 743 N PALMETTO AV, Ontario, CA 91762 79.12
1010-191-20 1048 W H ST, Ontario, CA 91762 91.00
1010-191-30 1025 W I ST, Ontario, CA 91762 2,723.00
1010-191-45 1048 W H ST, Ontario, CA 91762 91.00
1010-461-11 511 N PALMETTO AV, Ontario, CA 91762 14,122.00 1010-511-18 945 W D ST, Ontario, CA 91762 46.00
1010-512-03 1053 W HOLLOWELL ST, Ontario, CA 91762 1,939.58

Page 1 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1010-521-36 1156 W STONERIDGE CT, Unit:A, Ontario, CA 91762 184.00 1010-522-02 1161 W STONERIDGE CT, Ontario, CA 91762 247.96 1010-522-07 1131 W STONERIDGE CT, Unit:1, Ontario, CA 91762 2,926.74 1011-141-31 905 W BROOKS ST, Ontario, CA 91762 91.00
1011-181-11 1128 W MISSION BL, Building:2, Unit:F, Ontario, CA 91762 91.00 1011-221-15 1530 W MISSION BL, Building:1, Ontario, CA 91762 91.00 1011-361-19 1411 W MISSION BL, Ontario, CA 91762 148.00 1011-361-23 0 W MISSION BL, Ontario, CA 91762 148.00
1011-402-82 1031 S PALMETTO AV, Building:M, Unit:2, Ontario, CA 91762 46.00 1011-562-09 1342 S BOULDER AV, Ontario, CA 91762 46.00
1014-173-17 1646 S CYPRESS AV, Ontario, CA 91762 811.00 1014-201-15 1602 S MOUNTAIN AV, Unit:B, Ontario, CA 91762 46.00 1014-201-24 1604 S MOUNTAIN AV, Unit:E, Ontario, CA 91762 46.00 1014-202-03 1135 W LOCUST ST, Ontario, CA 91762 91.00
1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 296.00 1015-201-46 2321 S MAGNOLIA AV, Building:8, Unit:A, Ontario, CA 91762 168.84 1047-143-01 1235 E EIGHTH ST, Ontario, CA 91764 148.00
1047-372-15 652 E BONNIE BRAE CT, Ontario, CA 91764 91.00 1047-441-12 1314 N VIRGINIA AV, Ontario, CA 91764 79.12 1047-473-39 1037 E FOURTH ST, Ontario, CA 91764 1,916.00 1047-521-06 639 E PRINCETON ST, Ontario, CA 91764 168.84 1047-521-62 565 E YALE ST, Ontario, CA 91764 1,089.50
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 148.00
1047-543-01 301 E FOURTH ST, Ontario, CA 91764 91.00
1048-012-05 739 W J ST, Ontario, CA 91762 91.00
1048-052-14 132 W J ST, Ontario, CA 91762 148.00
1048-081-24 650 E J ST, Ontario, CA 91764 651.00
1048-093-34 616 E ROSEWOOD CT, Ontario, CA 91764 46.00
1048-123-17 1023 E I ST, Ontario, CA 91764 3,236.00
1048-132-08 952 E ROSEWOOD CT, Ontario, CA 91764 4,132.96 1048-211-20 859 E GRANADA CT, Ontario, CA 91764 187.00
1048-305-10 756 N CYPRESS AV, Ontario, CA 91762 91.00
1048-374-16 405 E D ST, Ontario, CA 91764 92.00
1048-392-06 635 E E ST, Ontario, CA 91764 91.00
1048-393-09 552 E E ST, Ontario, CA 91764 46.00
1048-491-47 925 E ELMA ST, Ontario, CA 91761 46.00
1048-492-04 920 E ELMA ST, Unit:A, Ontario, CA 91761 92.00 1048-532-27 505 E NOCTA ST, Ontario, CA 91761 138.00
1048-566-05 317 N EUCLID AV, Building:1, Unit:A, Ontario, CA 91762 394.00 1048-581-07 607 W D ST, Ontario, CA 91762 91.00
1049-043-02 219 W MAIN ST, Ontario, CA 91762 148.00

Page 2 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1049-057-03 109 W HOLT BL, Building:1, Ontario, CA 91762 91.00 1049-057-05 112 S EUCLID AV, Building:1, Ontario, CA 91762 3,181.40 1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 1,925.00 1049-231-05 520 E STATE ST, Ontario, CA 91761 107.00
1049-233-04 684 E STATE ST, Building:1, Ontario, CA 91761 91.00 1049-233-09 426 S CAMPUS AV, Ontario, CA 91761 91.00
1049-245-04 318 E STATE ST, Ontario, CA 91761 87.00
1049-282-10 633 W PARK ST, Ontario, CA 91762 138.00
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 3,328.00 1049-353-14 521 MAITLAND ST E, Ontario, CA 91761 91.00
1049-451-20 1009 S CAMPUS AV, Ontario, CA 91761 5,495.00 1049-521-10 232 E BELMONT ST, Ontario, CA 91761 46.00
1049-562-01 1129 S VINE AV, Ontario, CA 91762 46.00
1050-091-04 1549 S SULTANA AV, Ontario, CA 91761 46.00
1050-101-26 644 E DE ANZA ST, Ontario, CA 91761 91.00
1050-231-35 1734 S MIRAMONTE AV, Ontario, CA 91761 91.00 1050-291-10 405 W MAPLE ST, Ontario, CA 91762 46.00
1050-291-24 456 W FRANCIS ST, Ontario, CA 91762 3,204.00 1050-361-16 1940 S FERN AV, Ontario, CA 91762 91.00
1050-381-04 1910 S EUCLID AV, Ontario, CA 91762 91.00
1050-571-01 2155 S EUCLID AV, Ontario, CA 91761 91.00
1051-171-41 2424 S GROVE AV, Ontario, CA 91761 140.00
1051-171-44 2460 S GROVE AV, Building:1, Ontario, CA 91761 91.00 1051-321-62 2550 S GROVE AV, Building:1, Ontario, CA 91761 888.97 1052-191-03 7716 E CHINO AV, Ontario, CA 91761 221.80
1052-381-06 13555 S EUCLID AV, Ontario, CA 91761 148.00 1054-031-01 0 E EUCALYPTUS AV, Ontario, CA 91710 148.00 1054-031-02 0 E EUCALYPTUS AV, Ontario, CA 91710 148.00 1054-041-01 0 E EUCALYPTUS AV, Ontario, CA 91710 148.00 1054-041-02 700 E EUCALYPTUS AV, Ontario, CA 91762 148.00 1054-261-01 0 E EUCALYPTUS AV, Ontario, CA 91710 148.00 1054-261-02 0 E EUCALYPTUS AV, Ontario, CA 91710 148.00 1054-291-01 0 E MERRILL AV, Ontario, CA 91710 148.00
1054-291-02 0 E MERRILL AV, Ontario, CA 91710 148.00
1073-281-28 2717 E MURDOCK LN, Ontario, CA 91762 427.00 1083-151-12 0 S HAVEN AV, Ontario, CA 91761 91.00
1083-402-30 3651 E COUNTRY OAKS LP, Unit:D, Ontario, CA 91761 46.00 96,425.01

Page 3 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
0108-442-16 1433 N EL DORADO AV, Ontario, CA 91764 420.00 0110-013-20 1205 E D ST, Ontario, CA 91764 490.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 500.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 500.00
0110-241-57 1752 E G ST, Ontario, CA 91764 500.00
0110-322-29 2545 E GUASTI RD, Ontario, CA 91761 500.00
0110-341-01 1055 N MARIPOSA AV, Ontario, CA 91764 760.00 0110-345-11 1009 N ORANGE AV, Ontario, CA 91764 120.00
0110-371-03 1787 E PLAZA SERENA ST, Ontario, CA 91764 20.00 0113-361-54 1401 S GROVE AV, Ontario, CA 91761 500.00
0113-491-31 2131 S HELLMAN AV, Building:1, Unit:A, Ontario, CA 91761 9,000.00 0113-491-31 2313 E PHILADELPHIA ST, Building:2, Unit:A, Ontario, CA 91761 9,000.00 0113-541-34 2715 S INVERNESS CT, Ontario, CA 91761 760.00 0113-641-14 2171 S GROVE AV, Building:3, Unit:A, Ontario, CA 91761 11,800.00 0210-041-58 1434 N SAN DIEGO PL, Ontario, CA 91764 120.00 0210-193-14 3480 SHELBY ST E 500.00
0210-211-46 4100 E INLAND EMPIRE BL, Building:1, Ontario, CA 91764 120.00 0211-222-37 4201 E SANTA ANA ST, Building:4, Unit:A, Ontario, CA 91761 2,700.00 0211-222-37 800 S MILLIKEN AV, Building:2, Unit:A, Ontario, CA 91761 3,000.00 0211-232-22 1001 S DOUBLEDAY AV, Ontario, CA 91761 170.00 0211-232-48 3625 E JURUPA ST, Building:1, Ontario, CA 91761 21,600.00 0216-312-04 8455 E SCHAEFER AV, Ontario, CA 91761 4,620.00 0216-401-61 2570 S VINEYARD AV, Ontario, CA 91761 420.00 0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 500.00 0218-272-01 3481 E SWEETBAY WY, Ontario, CA 91761 120.00 0218-273-41 3365 S PRIMROSE DR, Ontario, CA 91761 220.00 0218-523-20 2464 E COLCHESTER ST, Ontario, CA 91761 120.00 0218-545-09 3232 S NEWTON AV, Ontario, CA 91761 320.00
0218-881-35 3238 S CENTURION PL, Ontario, CA 91761 520.00 0238-121-28 1495 S HUDSON AV, Ontario, CA 91761 6,000.00 1008-512-10 856 W HARVARD PL, Ontario, CA 91762 120.00
1010-462-03 442 N MOUNTAIN AV, Building:1, Ontario, CA 91762 220.00 1010-512-03 1053 W HOLLOWELL ST, Ontario, CA 91762 95,100.00 1010-543-32 1364 W HOLT BL, Ontario, CA 91762 220.00
1011-181-11 1128 W MISSION BL, Building:2, Unit:F, Ontario, CA 91762 120.00 1011-361-19 1411 W MISSION BL, Ontario, CA 91762 500.00 1011-361-23 0 W MISSION BL, Ontario, CA 91762 500.00
1011-391-69 939 W MISSION BL, Building:1, Unit:D, Ontario, CA 91762 170.00 1011-413-27 910 S PALMETTO AV, Ontario, CA 91762 490.00 1014-111-04 1519 S OAKS AV, Ontario, CA 91762 7,500.00
1014-121-06 0 S OAKS AV, Ontario, CA 91762 220.00

Page 1 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
1014-121-07 0 S OAKS AV, Ontario, CA 91762 320.00
1014-121-08 0 S OAKS AV, Ontario, CA 91762 320.00
1014-202-03 1135 W LOCUST ST, Ontario, CA 91762 170.00
1014-441-25 1387 FRANCIS ST W, Ontario, CA 91762 5,260.00 1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 1,000.00 1047-143-01 1235 E EIGHTH ST, Ontario, CA 91764 500.00
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 500.00
1048-012-05 739 W J ST, Ontario, CA 91762 120.00
1048-022-07 625 W ROSEWOOD CT, Ontario, CA 91762 320.00 1048-052-14 132 W J ST, Ontario, CA 91762 500.00
1048-072-27 407 E I ST, Ontario, CA 91764 120.00
1048-081-33 641 E PLAZA SERENA ST, Ontario, CA 91764 340.00 1048-161-29 815 N ALAMEDA AV, Ontario, CA 91764 340.00
1048-191-08 717 N HOLMES AV, Ontario, CA 91764 20.00
1048-356-05 615 N EUCLID AV, Unit:111, Ontario, CA 91762 420.00 1048-392-06 635 E E ST, Ontario, CA 91764 120.00
1048-393-02 516 E E ST, Ontario, CA 91764 840.00
1048-565-10 203 N EUCLID AV, Ontario, CA 91762 340.00
1048-581-54 640 W VESTA ST, Unit:A, Ontario, CA 91762 3,000.00 1049-022-01 215 S SAN ANTONIO AV, Ontario, CA 91762 420.00 1049-043-02 219 W MAIN ST, Ontario, CA 91762 500.00
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 500.00
1049-242-11 516 S LEMON AV, Ontario, CA 91761 30,000.00 1049-244-04 515 S LEMON AV, Ontario, CA 91761 490.00
1049-272-09 402 W SUNKIST ST, Ontario, CA 91762 120.00
1049-451-20 1009 S CAMPUS AV, Ontario, CA 91761 500.00
1049-574-06 535 W RALSTON ST, Ontario, CA 91762 220.00
1050-081-03 1437 S EUCLID AV, Ontario, CA 91761 420.00
1050-101-26 644 E DE ANZA ST, Ontario, CA 91761 120.00
1050-231-35 1734 S MIRAMONTE AV, Ontario, CA 91761 120.00 1050-521-05 1061 E PHILADELPHIA ST, Ontario, CA 91761 120.00 1050-531-48 2119 S PHOENIX PL, Ontario, CA 91761 120.00 1050-671-03 1180 E FRANCIS ST, Unit:E, Ontario, CA 91761 170.00 1051-041-13 2241 S SAN ANTONIO AV, Ontario, CA 91762 640.00 1052-381-06 13555 S EUCLID AV, Ontario, CA 91761 500.00 1054-031-01 0 E EUCALYPTUS AV, Ontario, CA 91710 500.00 1054-031-02 0 E EUCALYPTUS AV, Ontario, CA 91710 500.00 1054-041-01 0 E EUCALYPTUS AV, Ontario, CA 91710 500.00 1054-041-02 700 E EUCALYPTUS AV, Ontario, CA 91762 500.00 1054-261-01 0 E EUCALYPTUS AV, Ontario, CA 91710 500.00 1054-261-02 0 E EUCALYPTUS AV, Ontario, CA 91710 500.00

Page 2 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
1054-291-01 0 E MERRILL AV, Ontario, CA 91710 500.00
1054-291-02 0 E MERRILL AV, Ontario, CA 91710 500.00
1073-362-01 3397 E GARRICK ST, Building:, Unit:, Ontario, CA 91762 320.00 1083-031-01 2714 S ARCHIBALD AV, Building:1, Ontario, CA 91761 340.00 1083-071-04 2421 S ARCHIBALD AV, Ontario, CA 91761 760.00 236,010.00

Page 3 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-442-16 1433 N EL DORADO AV, Ontario, CA 91764 420.00 0108-522-27 1483 E HAWTHORNE ST, Ontario, CA 91764 91.00 0108-573-04 1735 N CORONA AV, Ontario, CA 91764 4,280.00 0110-013-20 1205 E D ST, Ontario, CA 91764 490.00
0110-071-06 1381 E HOLT BL, Ontario, CA 91761 648.00
0110-071-07 1381 E HOLT BL, Ontario, CA 91761 648.00
0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 334.30 0110-202-46 1440 E FOURTH ST, Ontario, CA 91764 91.00
0110-241-57 1752 E G ST, Ontario, CA 91764 3,676.00
0110-311-51 853 N QVC WY, Ontario, CA 91764 91.00
0110-322-29 2545 E GUASTI RD, Ontario, CA 91761 648.00
0110-341-01 1055 N MARIPOSA AV, Ontario, CA 91764 760.00 0110-345-11 1009 N ORANGE AV, Ontario, CA 91764 120.00
0110-371-03 1787 E PLAZA SERENA ST, Ontario, CA 91764 20.00 0113-361-54 1401 S GROVE AV, Ontario, CA 91761 2,486.00 0113-491-31 2131 S HELLMAN AV, Building:1, Unit:A, Ontario, CA 91761 9,000.00 0113-491-31 2313 E PHILADELPHIA ST, Building:2, Unit:A, Ontario, CA 91761 9,000.00 0113-541-34 2715 S INVERNESS CT, Ontario, CA 91761 760.00 0113-641-14 2171 S GROVE AV, Building:3, Unit:A, Ontario, CA 91761 11,800.00 0209-422-69 1818 N VINEYARD AV, Unit:D, Ontario, CA 91764 155.80 0210-041-58 1434 N SAN DIEGO PL, Ontario, CA 91764 211.00 0210-192-21 2955 E GUASTI RD, Ontario, CA 91761 3,589.00 0210-192-22 2975 E GUASTI RD, Ontario, CA 91761 2,167.00 0210-193-14 3480 SHELBY ST E 648.00
0210-211-46 4100 E INLAND EMPIRE BL, Building:1, Ontario, CA 91764 120.00 0210-411-26 741 N CORVETTE DR, Unit:1, Ontario, CA 91764 184.00 0210-661-01 3410 E FOURTH ST, Building: , Unit: , Ontario, CA 91764 13,708.00 0211-222-37 4201 E SANTA ANA ST, Building:4, Unit:A, Ontario, CA 91761 2,700.00 0211-222-37 800 S MILLIKEN AV, Building:2, Unit:A, Ontario, CA 91761 3,000.00 0211-232-22 1001 S DOUBLEDAY AV, Ontario, CA 91761 170.00 0211-232-48 3625 E JURUPA ST, Building:1, Ontario, CA 91761 21,600.00 0216-013-04 2349 S WALKER AV, Ontario, CA 91761 1,965.00 0216-173-11 13180 S BAKER AV, Ontario, CA 91761 156.30
0216-312-04 8455 E SCHAEFER AV, Ontario, CA 91761 4,620.00 0216-391-27 2638 S WALKER AV, Ontario, CA 91761 91.00
0216-401-61 2570 S VINEYARD AV, Ontario, CA 91761 420.00 0216-401-62 2550 VINEYARD AV S, Unit:B, Ontario, CA 91761 1,160.78 0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 648.00 0218-272-01 3481 E SWEETBAY WY, Ontario, CA 91761 211.00 0218-272-02 3473 E SWEETBAY WY, Ontario, CA 91761 667.00 0218-273-41 3365 S PRIMROSE DR, Ontario, CA 91761 220.00

Page 1 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0218-372-68 3684 S HYCHE AV, Ontario, CA 91761 46.00
0218-444-37 3927 S TRINITAS WY, Ontario, CA 91761 217.00 0218-523-20 2464 E COLCHESTER ST, Ontario, CA 91761 211.00 0218-545-09 3232 S NEWTON AV, Ontario, CA 91761 320.00
0218-613-16 3193 E YELLOWSTONE DR, Ontario, CA 91762 91.00 0218-881-35 3238 S CENTURION PL, Ontario, CA 91761 520.00 0238-121-28 1495 S HUDSON AV, Ontario, CA 91761 6,091.00 0238-193-17 820 S WANAMAKER AV, Building:1, Ontario, CA 91761 981.00 0238-211-56 740 S ROCHESTER AV, Unit:A, Ontario, CA 91761 91.00 1008-512-10 856 W HARVARD PL, Ontario, CA 91762 120.00
1008-513-16 1000 Fourth W, Ontario, CA 91762 91.00
1008-522-01 1000 Fourth W, Ontario, CA 91762 91.00
1008-572-24 1504 W FOURTH ST, Ontario, CA 91762 91.00
1010-182-03 743 N PALMETTO AV, Ontario, CA 91762 79.12
1010-191-20 1048 W H ST, Ontario, CA 91762 91.00
1010-191-30 1025 W I ST, Ontario, CA 91762 2,723.00
1010-191-45 1048 W H ST, Ontario, CA 91762 91.00
1010-461-11 511 N PALMETTO AV, Ontario, CA 91762 14,122.00 1010-462-03 442 N MOUNTAIN AV, Building:1, Ontario, CA 91762 220.00 1010-511-18 945 W D ST, Ontario, CA 91762 46.00
1010-512-03 1053 W HOLLOWELL ST, Ontario, CA 91762 97,039.58 1010-521-36 1156 W STONERIDGE CT, Unit:A, Ontario, CA 91762 184.00 1010-522-02 1161 W STONERIDGE CT, Ontario, CA 91762 247.96 1010-522-07 1131 W STONERIDGE CT, Unit:1, Ontario, CA 91762 2,926.74 1010-543-32 1364 W HOLT BL, Ontario, CA 91762 220.00
1011-141-31 905 W BROOKS ST, Ontario, CA 91762 91.00
1011-181-11 1128 W MISSION BL, Building:2, Unit:F, Ontario, CA 91762 211.00 1011-221-15 1530 W MISSION BL, Building:1, Ontario, CA 91762 91.00 1011-361-19 1411 W MISSION BL, Ontario, CA 91762 648.00 1011-361-23 0 W MISSION BL, Ontario, CA 91762 648.00
1011-391-69 939 W MISSION BL, Building:1, Unit:D, Ontario, CA 91762 170.00 1011-402-82 1031 S PALMETTO AV, Building:M, Unit:2, Ontario, CA 91762 46.00 1011-413-27 910 S PALMETTO AV, Ontario, CA 91762 490.00 1011-562-09 1342 S BOULDER AV, Ontario, CA 91762 46.00
1014-111-04 1519 S OAKS AV, Ontario, CA 91762 7,500.00
1014-121-06 0 S OAKS AV, Ontario, CA 91762 220.00
1014-121-07 0 S OAKS AV, Ontario, CA 91762 320.00
1014-121-08 0 S OAKS AV, Ontario, CA 91762 320.00
1014-173-17 1646 S CYPRESS AV, Ontario, CA 91762 811.00 1014-201-15 1602 S MOUNTAIN AV, Unit:B, Ontario, CA 91762 46.00 1014-201-24 1604 S MOUNTAIN AV, Unit:E, Ontario, CA 91762 46.00

Page 2 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1014-202-03 1135 W LOCUST ST, Ontario, CA 91762 261.00
1014-441-25 1387 FRANCIS ST W, Ontario, CA 91762 5,260.00 1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 1,296.00 1015-201-46 2321 S MAGNOLIA AV, Building:8, Unit:A, Ontario, CA 91762 168.84 1047-143-01 1235 E EIGHTH ST, Ontario, CA 91764 648.00
1047-372-15 652 E BONNIE BRAE CT, Ontario, CA 91764 91.00 1047-441-12 1314 N VIRGINIA AV, Ontario, CA 91764 79.12 1047-473-39 1037 E FOURTH ST, Ontario, CA 91764 1,916.00 1047-521-06 639 E PRINCETON ST, Ontario, CA 91764 168.84 1047-521-62 565 E YALE ST, Ontario, CA 91764 1,089.50
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 648.00
1047-543-01 301 E FOURTH ST, Ontario, CA 91764 91.00
1048-012-05 739 W J ST, Ontario, CA 91762 211.00
1048-022-07 625 W ROSEWOOD CT, Ontario, CA 91762 320.00 1048-052-14 132 W J ST, Ontario, CA 91762 648.00
1048-072-27 407 E I ST, Ontario, CA 91764 120.00
1048-081-24 650 E J ST, Ontario, CA 91764 651.00
1048-081-33 641 E PLAZA SERENA ST, Ontario, CA 91764 340.00 1048-093-34 616 E ROSEWOOD CT, Ontario, CA 91764 46.00
1048-123-17 1023 E I ST, Ontario, CA 91764 3,236.00
1048-132-08 952 E ROSEWOOD CT, Ontario, CA 91764 4,132.96 1048-161-29 815 N ALAMEDA AV, Ontario, CA 91764 340.00
1048-191-08 717 N HOLMES AV, Ontario, CA 91764 20.00
1048-211-20 859 E GRANADA CT, Ontario, CA 91764 187.00
1048-305-10 756 N CYPRESS AV, Ontario, CA 91762 91.00
1048-356-05 615 N EUCLID AV, Unit:111, Ontario, CA 91762 420.00 1048-374-16 405 E D ST, Ontario, CA 91764 92.00
1048-392-06 635 E E ST, Ontario, CA 91764 211.00
1048-393-02 516 E E ST, Ontario, CA 91764 840.00
1048-393-09 552 E E ST, Ontario, CA 91764 46.00
1048-491-47 925 E ELMA ST, Ontario, CA 91761 46.00
1048-492-04 920 E ELMA ST, Unit:A, Ontario, CA 91761 92.00 1048-532-27 505 E NOCTA ST, Ontario, CA 91761 138.00
1048-565-10 203 N EUCLID AV, Ontario, CA 91762 340.00
1048-566-05 317 N EUCLID AV, Building:1, Unit:A, Ontario, CA 91762 394.00 1048-581-07 607 W D ST, Ontario, CA 91762 91.00
1048-581-54 640 W VESTA ST, Unit:A, Ontario, CA 91762 3,000.00 1049-022-01 215 S SAN ANTONIO AV, Ontario, CA 91762 420.00 1049-043-02 219 W MAIN ST, Ontario, CA 91762 648.00
1049-057-03 109 W HOLT BL, Building:1, Ontario, CA 91762 91.00 1049-057-05 112 S EUCLID AV, Building:1, Ontario, CA 91762 3,181.40

Page 3 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 2,425.00 1049-231-05 520 E STATE ST, Ontario, CA 91761 107.00
1049-233-04 684 E STATE ST, Building:1, Ontario, CA 91761 91.00 1049-233-09 426 S CAMPUS AV, Ontario, CA 91761 91.00
1049-242-11 516 S LEMON AV, Ontario, CA 91761 30,000.00 1049-244-04 515 S LEMON AV, Ontario, CA 91761 490.00
1049-245-04 318 E STATE ST, Ontario, CA 91761 87.00
1049-272-09 402 W SUNKIST ST, Ontario, CA 91762 120.00
1049-282-10 633 W PARK ST, Ontario, CA 91762 138.00
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 3,328.00 1049-353-14 521 MAITLAND ST E, Ontario, CA 91761 91.00
1049-451-20 1009 S CAMPUS AV, Ontario, CA 91761 5,995.00 1049-521-10 232 E BELMONT ST, Ontario, CA 91761 46.00
1049-562-01 1129 S VINE AV, Ontario, CA 91762 46.00
1049-574-06 535 W RALSTON ST, Ontario, CA 91762 220.00
1050-081-03 1437 S EUCLID AV, Ontario, CA 91761 420.00
1050-091-04 1549 S SULTANA AV, Ontario, CA 91761 46.00
1050-101-26 644 E DE ANZA ST, Ontario, CA 91761 211.00
1050-231-35 1734 S MIRAMONTE AV, Ontario, CA 91761 211.00 1050-291-10 405 W MAPLE ST, Ontario, CA 91762 46.00
1050-291-24 456 W FRANCIS ST, Ontario, CA 91762 3,204.00 1050-361-16 1940 S FERN AV, Ontario, CA 91762 91.00
1050-381-04 1910 S EUCLID AV, Ontario, CA 91762 91.00
1050-521-05 1061 E PHILADELPHIA ST, Ontario, CA 91761 120.00 1050-531-48 2119 S PHOENIX PL, Ontario, CA 91761 120.00 1050-571-01 2155 S EUCLID AV, Ontario, CA 91761 91.00
1050-671-03 1180 E FRANCIS ST, Unit:E, Ontario, CA 91761 170.00 1051-041-13 2241 S SAN ANTONIO AV, Ontario, CA 91762 640.00 1051-171-41 2424 S GROVE AV, Ontario, CA 91761 140.00
1051-171-44 2460 S GROVE AV, Building:1, Ontario, CA 91761 91.00 1051-321-62 2550 S GROVE AV, Building:1, Ontario, CA 91761 888.97 1052-191-03 7716 E CHINO AV, Ontario, CA 91761 221.80
1052-381-06 13555 S EUCLID AV, Ontario, CA 91761 648.00 1054-031-01 0 E EUCALYPTUS AV, Ontario, CA 91710 648.00 1054-031-02 0 E EUCALYPTUS AV, Ontario, CA 91710 648.00 1054-041-01 0 E EUCALYPTUS AV, Ontario, CA 91710 648.00 1054-041-02 700 E EUCALYPTUS AV, Ontario, CA 91762 648.00 1054-261-01 0 E EUCALYPTUS AV, Ontario, CA 91710 648.00 1054-261-02 0 E EUCALYPTUS AV, Ontario, CA 91710 648.00 1054-291-01 0 E MERRILL AV, Ontario, CA 91710 648.00
1054-291-02 0 E MERRILL AV, Ontario, CA 91710 648.00

Page 4 ends

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1073-281-28 2717 E MURDOCK LN, Ontario, CA 91762 427.00 1073-362-01 3397 E GARRICK ST, Building:, Unit:, Ontario, CA 91762 320.00 1083-031-01 2714 S ARCHIBALD AV, Building:1, Ontario, CA 91761 340.00 1083-071-04 2421 S ARCHIBALD AV, Ontario, CA 91761 760.00 1083-151-12 0 S HAVEN AV, Ontario, CA 91761 91.00
1083-402-30 3651 E COUNTRY OAKS LP, Unit:D, Ontario, CA 91761 46.00 168 332,435.01

Page 5 ends

Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

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

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH HOLT BLVD

CAR WASH FOR FULL-SERVICE CAR WASH AND DETAILING

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Holt Blvd Car Wash, of Ontario, California, for full-service car wash and detailing services in the amount of $180,000, for a total not- to-exceed contract amount of $330,000 over the three-year term.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Amendment No. 2 with Holt Blvd Car Wash increases the contract amount by $90,000 annually for a total not-to-exceed contract amount of $330,000 over the three-year term. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Equipment Services Fund for full-service car wash and detailing services.

BACKGROUND & ANALYSIS:

On April 16, 2024, the City entered into a three-year Agreement with Holt Blvd Car Wash as a result of the Award for Bid No. 1732, for a total not-to-exceed contract amount of $150,000. On March 15, 2025, Amendment No. 1 was executed to increase the rates for vehicle washes and detailing. Since then, overall costs have continued to rise due to additional ﬂeet vehicles and the higher expense of hand washing wrapped vehicles, such as the Recreation/Community Services Department’s Ontario-on-the-Go vans, which cannot be run through automated washes. As a result, Amendment No. 2 is recommended to increase the annual contract amount by $90,000, for a total not-to- exceed contract amount of $330,000 over the three-year term.

The City routinely maintains and services more than 700 vehicles and pieces of equipment to ensure they remain safe, reliable, and operational. As part of this eﬀort, the Municipal Services Department relies on outside vendors to provide regular washing and detailing services that help preserve the ﬂeet, prevent damage caused by dirt and debris, and maintain a professional appearance for vehicles used in the community. These services both extend the useful life of City vehicles and reﬂect positively on the City’s image. Staﬀ recommends approval of Amendment No. 2 to ensure the continuation of these essential services
154
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 2 TO THE GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
FISAN, INC. DBA HOLT BLVD CAR WASH

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of , by and between the City of Ontario (“City”) Fisan, Inc. dba Holt Blvd Car Wash, a Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referenced as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Goods and Service Agreement” dated April 16, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Contractor de sire to amend the Ag reement to increase the compensation amount by One Hundred Eighty Thousand ($180,000) for a new total contract amount not to exceed Three Hundred Thirty Thousand Dollars ($330,000). The parties have heretofore entered into that Amendment No. 1 dated March 15, 2025.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

12.9 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1 of the Agreement is hereby amended in its entirety to read as

Page 1 of 3 ends

follows:
"3.2.1 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 Thirty Thousand Dollars ($330,000) without written approval of City's Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 46700.00100\33287662.1
BB&K 2020
155

Page 2 of 3 ends

BB&K 2020
46700.00100\33287662.1
Exhibit “C” is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

SIGNATURES ON FOLLOWING PAGE
156
BB&K 2020
46700.00100\33287662.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
FISAN, INC. DBA HOLT BLVD CAR WASH

IN WITNESS WHE
REOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO FISAN, INC. DBA HOLT BLVD CAR WASH
Approved By:

By:

Its:

Scott Ochoa
City Manager
Approved as to Form:

Printed Name:

Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

Page 3 of 3 ends

157

ATTACHMENT A

COMPENSATION
City of Ontario Vehicle Wash Information & Pricing
Hours of Operation: Weekdays Monday - Friday: 8:30 am to 6:00 pm Saturday: 8:30 am to 6:00 pm Sunday: 8:30 am to 6:00pm (5:00 pm in Winter) S
tandard Vehicle Wash Price:

Car $21.95 SUV $21.95 Van $21.95 Truck $21.95
K-9 Units Price
Car $28.00 SUV $28.00
Additional Cleaning of Police U nit:

Price: Car $ (included) SUV $ (included) (blood and vomiting needs detailed -see below for pricing) Hand Washing of Oversized or Specialized Vehicle/Equipment:

Van $55.00 (flat rate)
Truck $55.00 (flat rate)
Other Large Vehicles $5.00 (per ft.)
Detail Services Prices:

Vehicle Wash Info-Pricing
Car $140.00 SUV $160.00 Van $160.00 Truck $160.00
Interior Only
Car $160.00 SUV $180.00 Van $180.00 Truck $180.00
Interior & Exterior
Car $240.00 SUV $280.00 Van $280.00 Truck $280.00
BB&K 2020 Attachment A-1
46700.00100\33287662.1 158
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

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

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SAFETY KLEEN SYSTEMS, INC. FOR FLEET OIL, LUBRICANTS, AND OTHER RELATED ITEMS

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Amendment No. 1 to the Goods and Services Agreement with Safety Kleen Systems, Inc. increases the contract amount by $1,050,000 for a total not-to-exceed contract amount of $1,200,000 over the ﬁve-year term. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Equipment Services Fund for the procurement of ﬂeet oil, lubricants, and other related items. If approved, appropriations will be included in future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

On February 2, 2025, the City entered into a one-year Goods and Services Agreement with the option to extend for four additional one-year terms with Safety Kleen Systems, Inc. as a result of the Award for Bid No. 1857 for a total not-to-exceed contract amount of $150,000. The recommended Amendment No. 1 increases the annual contract amount to $240,000 annually for a total not-to-exceed contract amount of $1,200,000 over the five-year term.

As the City continues to grow, the size and demand of the ﬂeet have also expanded. New vehicles have been added to support essential services, and existing vehicles are being maintained for longer periods to extend their useful life. This requires increased use of oil, lubricants, coolants, and related products. In particular, heavy-duty vehicles in the Integrated Waste Department consume signiﬁcant quantities of these materials due to the nature of their operations. The Municipal Services Department relies on vendors to ensure a consistent supply of these critical 159
products to keep over 700 City vehicles and equipment safe, reliable, and operational. Staﬀ recommends approving Amendment No. 1 to ensure the continued availability of fleet maintenance supplies and to support uninterrupted City operations.
160
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020

AMENDMENT NO. 1 TO THE GOODS AND SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

SAFETY-KLEEN SYSTEMS, INC

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Safety-Kleen Systems, Inc, a City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “ Goods and Service Agreement” dated January 15, 2025 (“Agreement”).

2.2 Amendment Purpose . T he City and Contractor desire to amend the Agreement to extend term to January 14, 2027, and increase compensation by One Million Fifty Thousand Dollars ($1,050,000) for a new total not to exceed amount of One Million Two Hundred Thousand Dollars ($1,200,000).

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2.1,

12.9 and 12.17 of the Agreement.

3. Terms.

3.1 Amendment. Section 2.1 and 3.1 of the Agreement is hereby amended in its entirety to read as follows:

“2.1 The term of this Agreement shall be from January 15, 2025, to January 14, 2027, based on needs and offeror’s performance, 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." PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
161
46700.00100\33287662.1

Page 2 of 3 ends

BB&K 2020

3 .2 Amendment. Section 3 .1 of the Agreement is hereby amended in its entirety to read as follows:
“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 One Million Two Hundred Thousand Dollars ($1,200,000) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

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

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

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

3.6 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

SIGNATURES ON FOLLOWING PAGE

162
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO GOODS AND SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND SAFETY-KLEEN SYSTEMS, INC

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

CITY OF ONTARIO SAFETY-KLEEN SYSTEMS, INC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

163
164
Department: Police Department
Prepared By: Zina Hullings
Department:

Prepared By: Zina Hullings
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

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

SOLE SOURCE PURCHASE APPROVAL FOR POLICE HELICOPTER ENGINE

OVERHAUL

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute a sole source purchase contract with Safran Helicopter Engines USA, Inc., of Grand Prairie, Texas, in the approximate amount of
$569,342
to overhaul the engine of one of the City's Police Air Support helicopters.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The cost of the engine overhaul is $481,076 with an additional estimated amount of $53,266 for import duties and $35,000 in taxes for a total cost of $569,342. The Fiscal Year 2025- 26 Adopted Budget includes appropriations in the Equipment Services Fund for the engine overhaul of one of the City's police helicopters

BACKGROUND & ANALYSIS:

The proposed expenditure of $569,342 encompasses a comprehensive overhaul of the turbine engine, which was sent to the manufacturer for detailed inspection and evaluation of required replacement components. Safran Helicopter Engines USA, Inc., a Council-approved sole-source vendor and the original equipment manufacturer (OEM) for Airbus Helicopter engines, will perform the scheduled maintenance.

Due to the specialized nature of parts used in these helicopters, there is a limited pool of authorized vendors capable of supplying or servicing them. In many instances, only one vendor is certiﬁed or authorized to provide the necessary components or services.

Engaging Safran Helicopter Engines USA, Inc., ensures timely and expert maintenance performed by qualiﬁed professionals with direct experience servicing Airbus Helicopters. This continuity supports optimal maintenance outcomes, as the vendor is familiar with the helicopter's service history and technical specifications.
165
RFQ/PO : ARL 2D ESN 53109 OH 1/13

OVERHAUL QUOTATION
Customer Name: CITY OF ONTARIO POLICE DEPARTMENT
RFQ/PO reference: ARL 2D ESN 53109 OH
Contract: 1000087794
Asset: Complete Engine ARRIEL 2D / 53109
Date: 2025-09-25
Quote reference: Q-38518 Version: 1
Validity of the oﬀer: 2025-10-31
Your contacts: BELEW Tom / CANTRELL Jennifer
Your Front oﬃce: Safran Helicopter Engines USA, Inc
"This document and/or the documents accompanying this facsimile contain information from SAFRAN HELICOPTER ENGINES, which may be conﬁ dential and/or legally privileged.THE DOCUMENTS ARE INTENDED ONLY FOR THE PERSONNAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE.Any other use, duplication or disclosure of said information remains subject to SAFRAN HELICOPTER ENGINES prior written consent." "Due to the EU and US restrictive measures in force, we kindly remind you that Safran products and technologies cannot be transferred or re-exported directly or indirectly to any company located in a country subject to sanctions and/or embargo or for the use in this country, including but not limited to Russia and Belarus." 166
RFQ/PO : ARL 2D ESN 53109 OH 2/13
167
RFQ/PO : ARL 2D ESN 53109 OH 3/13

OVERHAUL QUOTATION
Dear Customer,
Please ﬁnd enclosed the quotation for your ARRIEL 2D / 53109 / Complete Engine, sent to Safran Helicopter Engines USA, Inc for DUE OVERHAUL. This quote is based on the strip inspection and analysis of your asset.

You will ﬁnd attached : the cost synthesis summary, a glossary of the vocabulary used in these documents, the General Sales Conditions as well as the technical report 38518.

The total net amount of the oﬀer is 481,075.55 USD for your reference ARL 2D ESN 53109 OH.

Please note that this oﬀer is valid until 2025-09-30.

If this oﬀer is approved within 10 days, a discount of 2 % will be applied on the net amount.

After receipt of acceptance on this oﬀer, SAFRAN HELICOPTER ENGINES USA estimates your asset will be delivered by ---.

Please sign and return this quote at your earliest convenience so that the work envisioned may begin without delay.

If you require any additional information or need any help, please do not hesitate to contact me.

Best regards,
BELEW Tom Approval Signature: ___________________________ CSM Printed Name: _______________________________
(214) 364-9024 Date: ______________________________________ Option Number Chosen: _______________________CANTRELL Jennifer CSR Scrap parts returned: Yes or No (circle one)(N/A for SBH) Safran Helicopter Engines USA
2709 N FORUM DR
75052 - Grand Prairie, Texas(USA)
http://www.safran-helicopter-engines.com/
168
RFQ/PO : ARL 2D ESN 53109 OH 4/13

OVERHAUL QUOTATION
Quote overview
Price breakdown in USD
Non modular Module 1 Module 2 Module 3 Module 4 Module 5 Module 6 Total Parts 56,792.33 38,956.36 48,694.00 141,272.11 80,746.00 51,306.00 417,766.80 New 4,154.82 22,977.11 26,580.00 87,048.11 75,484.00 41,662.00 257,906.04 Repaired 42,376.51 10,465.25 20,571.00 42,861.00 2,598.00 4,625.00 123,496.76 Systematics 10,261.00 5,514.00 1,543.00 11,363.00 2,664.00 5,019.00 36,364.00 Labour 2,307.00 11,477.00 7,381.00 20,455.00 7,641.00 8,721.00 57,982.00 Complete engine Module 1 Module 2 Module 3 Module 4 Module 5 Module 6 Total T ests 8,601.00 8,601.00
Additional costs 0
Gross amount: 484,349.80
Discounts & gesture
Total discounts Discounts details
Upgrades &
Commercial
Program

3,274.25
TOTAL 3,274.25
Net amount: 481,075.55
Down Payment already paid
Total due: 481,075.55
Prices are net. All taxes, import or export duties, VAT and similar charges are excluded, 2025 economic conditions applied.

Additional information
Estimate Import Duties as per September 25th: $53,265.36, subject to Publication of [Docket No. 250923-0156] Estimated sales tax as of 09/26/2025- $35,000.00
169
RFQ/PO : ARL 2D ESN 53109 OH 5/13

OVERHAUL QUOTATION
Asset availability post-repair
Please refer to Technical report 38518 accompanying this quotation Asset configuration post-repair ( modifications to be implemented) Modiﬁcation number & SBs
references
TU 239, TU 234, TU 236, TU239/CSP12-21, 212, TU 222/Code 2-4, TU 213, TU221, tu218
Accessories modiﬁcation
number
Sales conditions
Warranty conditions STANDARD TERMS AND CONDITIONS
Release certiﬁcate type FAA 8130-3
Payment terms
Down payment request at quotation
approval
Down payment already paid to be deducted
from net amount
Delivery terms
In accordance with ICC 2010 FCA
Delivery place DALLAS
*Supersed General Sales Conditions
170
RFQ/PO : ARL 2D ESN 53109 OH 6/13

OVERHAUL QUOTATION
Appendix 1 - Detailed Quotation
Labour, Test & Systematic
Type Final price
Labour 57,982.00
Tests 8,601.00
Systematic parts 36,364.00
Labour, Test & Systematic Net amount: 102,947.00 USD
Parts
Module 1
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
R RC 0292757210 JUNCTION TUBE 1 6,713.00 6,713.00
R RC 0292117280 SUPPORT,FRONT 1 3,284.00 3,284.00
N N 9606490501BEARING,FRONT,GEAR,STARTER 1 2,329.00 2,329.00 N N 9606601003 BEARING,POWER SHAFT 1 2,224.00 2,224.00
N N 9609000728 BEARING,GEAR,23 TEETH 1 2,157.00 2,157.00 N N 9606490202 BEARING,GEAR,23 TEETH 1 2,121.00 2,121.00 N N 9606600107BEARING,FRONT,BEVEL GEARS 1 1,960.00 1,960.00 N N 9606600107BEARING,REAR,BEVEL GEARS 1 1,960.00 1,960.00 N N 9606600107BEARING,REAR,DOUBLE GEAR 1 1,960.00 1,960.00 N N 9560131840 SEAL ASSY,MAGNETIC 1 1,392.00 1,392.00
N N 0292757850 TUBE,EQUIPPED 1 1,254.00 1,254.00
N N 9560177660 SEAL ASSY,MAGNETIC 1 1,222.00 1,222.00TU 239 N N 9560177660 SEAL ASSY,MAGNETIC 1 1,222.00 1,222.00TU 239 N N 0292101640 FLANGE,DRAINING 1 762.00 762.00TU 234
N N 0292757140 TUBE,EQUIPPED 1 548.00 548.00
N N 0292101660 ADAPTOR,DYNASTART 1 543.00 543.00TU 234
N N 0292102940 CAGE,SEAL HOLDER 1 538.00 538.00
N N 0292107650 STRAINER 1 490.07 490.07
N N 0292101800 PIPE,DRAIN,GENERAL 1 144.19 144.19TU 234 N N 0292102190 ADJUSTING SHIM 1 124.25 124.25TU 236
N N 9562811260 CLAMP 1 26.60 26.60 TU 234
R RA 0292127670 GEAR,STARTER,43 TEETH 1 468.25 468.25 0.00TU239/CSP12- 21 Net amount 33,442.36 468.25 32,974.11 USD
Type
Repair Type*
171
RFQ/PO : ARL 2D ESN 53109 OH 7/13
Module 2
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
R RC 0292260610 CASING,COMPRESSOR 1 20,571.00 20,571.00 N N 0292150050 BEVEL GEARS 1 14,082.00 14,082.00
N N 9609000752 BEARING,FRONT,AXIAL 1 3,906.00 3,906.00 212 N N 9609000752 BEARING,REAR,AXIAL 1 3,906.00 3,906.00 212 N N 9609000727 BALL BEARING GP 1 1,880.00 1,880.00
N N 0292150510 JET,EQUIPPED 1 2,806.00 2,806.00 0.00
TU
222/Code
2-4
Net amount 47,151.00 2,806.00 44,345.00 USD
Module 3
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
N N 0292267140 WHEEL,INJECTION,ASSY 1 52,650.00 52,650.00 R RC 0292370460OUTER PART,COMB. CHAMBER1 29,758.00 29,758.00 N N 9560176520 RING,FLOATING 1 12,607.00 12,607.00
R RC 0292260280 COVER,COMPRESSOR 1 8,517.00 8,517.00
N N 9609000493 BEARING 1 8,420.00 8,420.00
N N 0292440050 WASHER,RETAINING 1 4,092.00 4,092.00
N N 9560163940 SEGMENT 2 3,614.00 3,614.00
R RA 0292260270 WHEEL ASSY,HP TURBINE 1 2,598.00 2,598.00 N N 9560158450 SEGMENT 2 2,314.00 2,314.00
R RC 0283317500 INJECTOR 2 1,988.00 1,988.00
N N 0292260040 NUT 1 1,397.00 1,397.00
N N 0292510030 DUCT 3 1,330.11 1,330.11
N N 0292260160 SUMP,OIL 1 624.00 624.00
Net amount 129,909.11 129,909.11 USD
Module 4
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
N N 229281A440 BLADE,POWER TURBINE 37 58,571.00 58,571.00 N N 9609000166BEARING,REAR,POWER TURBINE1 4,750.00 4,750.00 N N 0292810700 RING,LABYRINTH 1 4,727.00 4,727.00TU 213 N N 9609000554 BEARING,FRONT,POWER
TURBINE 1 4,673.00 4,673.00
N N 0292810450 NUT,POWER TURBINE 1 2,763.00 2,763.00
R RA 0292810460WHEEL ASSY,POWER TURBINE1 2,598.00 2,598.00 Net amount 78,082.00 78,082.00 USD
Type
Repair Type*
Type
Repair Type*
Type
Repair Type*
172
RFQ/PO : ARL 2D ESN 53109 OH 8/13
Module 5
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
N N 9609000738BEARING,REAR,DRIVING GEAR 1 6,139.00 6,139.00 N N 9609000738BEARING,FRONT,DRIVING GEAR 1 6,139.00 6,139.00 N N 0292710510 NUT,SPLINED 1 5,837.00 5,837.00
N N 9609000514BEARING,REAR,OUTPUT GEAR 1 5,126.00 5,126.00 N N 9609000489BEARING,FRONT,OUTPUT GEAR 1 4,959.00 4,959.00 N N 9609000631 BEARING,PISTON 1 3,225.00 3,225.00
N N 9601490801 BEARING 1 2,831.00 2,831.00
R RA 0292717720 GEAR,INTERMEDIATE 1 2,677.00 2,677.00
N N 0292717600 SLEEVE ASSY 1 2,399.00 2,399.00
R RA 0292710090CASING,FRONT,REDUCT.GEAR 1 1,948.00 1,948.00 N N 0292720980 DUCT,OIL 1 1,683.00 1,683.00TU221
N N 9609000793BEARING,REAR,INTER. GEAR 1 1,662.00 1,662.00tu218 N N 9609000793BEARING,FRONT,INTER. GEAR 1 1,662.00 1,662.00tu218 Net amount 46,287.00 46,287.00 USD
LRUs/ACCESSORIES/EQUIPMENTS
PN Designation Qty Total price
Upgrades &
Commercial
Program
Final price TU/SB
embodied
R OH0292900200FREE WHEEL ASSY,EQUIPPED 1 29,221.00 29,221.00 R RC 0292810470 PIPE,EXHAUST 1 7,033.00 7,033.00
R RC 0292127890 BASE PLATE ASSY,FILTER 1 5,729.00 5,729.00 N N 0292687310PIPE,P3 PRESSUR.,FT LABYRINTH1 1,459.00 1,459.00 N N 0292120770 DISTRIBUTOR,OIL 1 1,450.00 1,450.00
N N 9560125160 COLLAR 1 706.00 706.00
R RA 0292827170 SHIELD,HEAT 1 393.51 393.51
N N 0268987150 COLLAR ASSY 1 342.50 342.50
N N 0292680570 SPACER 1 197.32 197.32
Net amount 46,531.33 46,531.33 USD
Parts Net amount: 378,128.55 USD
* Denominations in Appendix 3
Type
Repair Type*
Type
Repair Type*
173
RFQ/PO : ARL 2D ESN 53109 OH 9/13

OVERHAUL QUOTATION
Appendix 2 – Terms & conditions
Quote acceptance
The acceptance of the present document converts this oﬀer into a contract in accordance with the latest issue of the SAFRAN HELICOPTER ENGINES USA General Sales Conditions which are deemed to have been read and accepted by the Customer. Upon approval of this proposal, your purchase order must refer to our commercial oﬀer number.

Due to the nature of our activity, the need for additionnal work may only become apparent after your acceptance has been received, as such need was not identiﬁed at the time of the evaluation. In this case,we would have to :
-Postpone work performance,
-Issue a quotation corresponding to the work actually needed, -Submit the quotation for your approval.

Note: Such additionnal work may be essential for the performance of the work under this quote; therefore refusal of such above quotation will lead to the cancellation of this oﬀer.

Refusal of quote
1- Failing receipt of customer acceptance within 30 days, SAFRAN HELICOPTER ENGINES USA will charge the following :

Fixed price for Material protection 1,760.00
Daily cost for storage 74.00
Update of quotation from 1 to 12 Months 2,709.00
2- As soon as the quote Validation date is over, SAFRAN HELICOPTER ENGINES USA will invoice a quote establishment ﬁxed price
17,489.00
3- In the event that customer does not want to proceed the repair of the equipment, SAFRAN HELICOPTER ENGINES USA will charge quote establishment price and additional fees based on the three options below :

A/ Material not returned to customer* (srap on site) 23,659.00 (meaning transfer of ownership of the equipment to SAFRAN HELICOPTER ENGINES USA as described in GSC)
B/ Material return to customer 36,320.00
(includes quote establishment fee, excludes return of non-repairable parts) C/ Material return to customer 45,323.00
(includes quote establishment fee, includes return of non-repairable parts) 174
RFQ/PO : ARL 2D ESN 53109 OH 10/13

OVERHAUL QUOTATION
Appendix 3 – Glossary
Labor : Receiving, inspection, disassembly, cleaning, NDT, metallurgical inspections, dimensional inspections, evaluation, technical report, quote establishment, balancing, assembly.(not including reworking of parts).

Test : Bench, test, fuel, oil.

Systematic parts : Fixed price for consumables systematically replaced during repair/overhaul process.

New parts : Unserviceable parts replacements.

Repaired parts : Rework of parts in accordance with SAFRAN HELICOPTER ENGINES USA repair manual.

Repaired by replacement parts : Replacement of repairable parts by equivalent serviceable repaired parts delivered from SAFRAN HELICOPTER ENGINES USA stock. Meaning transfer of ownership of those goods between customer and SAFRAN HELICOPTER ENGINES USA.

Scrapped parts : Parts which cannot be economically repaired or parts which cannot be recovered by applying acceptable repair methods.

Missing parts : Parts replaced by new parts due to not being received.

Quote establishment fixed price : Receiving, inspection, disassembly, cleaning, NDT, metallurgical inspections, dimensional inspections, evaluation, technical report, quote establishment.

LRU/Accessory : Removable functional assembly or functional assembly integrated into a Module or Engine.

Equipment : Functional assembly including accessories and connecting parts screws , brackets, piping…) integrated into a Module or Engine.

Parts detailled :

N New
R Repair
M Missing at arrival
RA Repair level A
RB Repair level B
RC Repair level C
OH OverHaul
FT Functional Test
S/E Repaired by replacement
175
RFQ/PO : ARL 2D ESN 53109 OH 11/13

OVERHAUL QUOTATION
Appendix 4 – General Sales Conditions (1/3)
EXTRACT FROM SAFRAN HELICOPTER ENGINES USA GENERAL SALES CONDITIONS.

The complete version of our generals sales conditions are available on EngineLife®Customer Portal :
https://tools.safran-helicopter-engines.com/pg/en/e_services/pricing

GENERAL
The General Sales Conditions (GSC’s) are applicable in their entirety to contracts and Orders concerning the sale of Goods and/or the supply of Services by SAFRAN HELICOPTER ENGINES USA:
- excluding any other general or speciﬁc Customer purchasing conditions, unless otherwise speciﬁed in writing beforehand and accepted by SAFRAN HELICOPTER ENGINES USA; - unless there are provisions to the contrary in said contract or Order.

Any Order placed by the Customer carries his acceptance of the General Sales Conditions without reservation.

PRICES
Prices are in USD. The prices that appear in the Catalogue apply to all Orders that are accepted by SAFRAN HELICOPTER ENGINES USA as of January 1st and for which the delivery date of the Goods or date of supply of the Services is expected within twelve (12) months of the date of acknowledgement of receipt of said Order by SAFRAN HELICOPTER ENGINES USA.

SAFRAN HELICOPTER ENGINES USA guarantees the validity of the Catalogue from January 1st to June 30th and reserves the right to modify the prices for Orders for which receipt is acknowledged between July 1st and December 31st.

DELIVERY
Delivery will be deemed complete when Goods are made available according to applicable INCOTERMS 2010, at such time and under such conditions as have been agreed by the Parties. Unless otherwise stated in the Order or the contract, the Goods are delivered FCA SAFRAN HELICOPTER ENGINES USA Plant (ICC Incoterms 2010). In case of shipment of Goods, the transport documents agreed by the shipper or the carrier are conclusive evidence of quantities delivered at the named place of destination.

Delayed delivery will not give a right of cancellation of the aﬀected Order, nor will it allow any deviation from payment terms. SAFRAN HELICOPTER ENGINES USA will provide the Customer with the oﬃcial compliance certiﬁcates, which will serve as acknowledgement by the Customer that Goods are compliant. Acceptance tests will take place at one of the SAFRAN HELICOPTER ENGINES USA plants. 176
RFQ/PO : ARL 2D ESN 53109 OH 12/13

OVERHAUL QUOTATION
Appendix 4 – General Sales Conditions (2/3)

TERMS OF PAYMENT
Safran Helicopter Engines USA shall issue to customer an invoice for payment at Customer’s billing address.

All amounts due under these Terms and Conditions shall be due and payable to Safran Helicopter Engines USA within thirty (30) days following the issuance of invoice. Customer shall make all payments, on case by case basis, to : Safran Helicopter Engines USA at PO Box 730654, Dallas, Texas 75373-0654.

Notwithstanding the foregoing, Safran Helicopter Engines USA may require payment, in whole or in part, prior to delivery if it determines in its sole discretion that the Customer’s ﬁnancial warrants same.

LATE PAYMENT
Without prejudice to Clause “Retention of Title” of the GSC’s, in the event that payment is not received in full and that payment is not received for accessories on the agreed due date, the Customer will be subject to a penalty for late fulﬁllment of payment of ﬁfteen percent (15%) per year that is calculated on the basis of the total amount (including taxes) of the invoice, to be counted from the date of payment indicated on the invoice until full payment of the invoice is made.

Additionally, customer shall be liable to Safran Helicopter Engines USA for an amount equal to ten percent (10%) of the amount due which the Parties expressly agree that such liquidated damages are appropriate and fully justiﬁed under the circumstances, and that proof of the amount of actual damages could be diﬃcult and burdensome for all concerned.

AUTHORIZATION/EXPORT LICENSE
If the supply of Goods within the framework of the contract or the Order requires export licenses or authorizations to be obtained, SAFRAN HELICOPTER ENGINES USA will perform all the necessary steps to comply with export control regulations. In addition, the Customer undertakes to : Not assign or otherwise dispose of the Goods outside the territory to which they were shipped and for which the ﬁnal use was deﬁned on the Order or Contract without ﬁrst obtaining written consent from SAFRAN HELICOPTER ENGINES USA and/or the relevant Authorities in particular from the American authorities in the case of goods of US origin pursuant to American ITAR (International Traﬃc in Arms Regulations: war materials) and/or EAR (Export Administration Regulation: double use goods) regulations.

WARRANTY
All delivered Goods designed and manufactured by SAFRAN HELICOPTER ENGINES USA are guaranteed to be free from defects in materials, design and manufacturing, and compliant with the Order or under the speciﬁc warranty conditions drawn up for each family of products and appended to the Order or contract. 177
RFQ/PO : ARL 2D ESN 53109 OH 13/13

OVERHAUL QUOTATION
Appendix 4 – General Sales Conditions (3/3)

APPLICABLE LAW
The Terms and Conditions shall be interpreted in accordance with and governed by the laws of the State of Texas, U.S.A for Goods delivered by Safran Helicopter Engines USA. The Parties hereto agree that any controversy with respect to performance under the terms of the Terms and Conditions, or arising out of the Terms and Conditions will be submitted to the Courts of Texas, according to the applicable law, which shall be the only competent courts in the case of legal dispute, including in the event of impleader and/or plural defendants.

ACCEPTANCE OF QUOTE
a. Airworthy Parts: Parts which are airworthy are those parts that are covered by any Safran Helicopter Engines USA airworthiness tag
b. Repairable parts: Parts which are not airworthy without repair. For those customers who accept standard exchanges of parts, the acceptance by such customer of a quote issued by Safran Helicopter Engines USA shall be deemed to be the customer’s express agreement for transfer of ownership of repairable parts with repaired parts as standard exchange.
c. Unsalvageable parts: Unsalvageable parts means parts which cannot be economically repaired or parts which cannot be recovered by applying acceptable repair methods. The acceptance by customer of a quote from Safran Helicopter Engines USA shall be deemed to be customer’s express agreement of transfer of ownership of unsalvageable parts, as is where is, without any warranties whatsoever, which will be destroyed and replaced by brand new parts. Nevertheless Safran Helicopter Engines USA will observe a period of ninety (90) days prior to destruction of those parts after quote’s acceptance.

NON-ACCEPTANCE
In the event that the customer does not accept Safran Helicopter Engines USA’S Repair/Overhaul quotation within thirty (30) days from date of issuance, Safran Helicopter Engines USA will invoice the work corresponding up to and including the preparation of the quote. The price is ﬁxed for each engine and/or module, and shall include: disassembly, cleaning, inspection, and quote preparation. The price for Arriel and Arrius series complete engines and individual modules are those indicated in the Safran Helicopter Engines USA catalogue. Further, upon expiration of the thirty (30) day period Safran Helicopter Engines USA will propose to:
a. Return the engine and/or parts/equipment in accordance with the terms deﬁned hereunder (refer to § Condition of Return of Engine Parts);
b. Buy back the engine for an amount which corresponds to the level of work carried out on the engine; c. Keep the engine and/or parts/equipment at Safran Helicopter Engines USA without commencing the repair. As a result, Safran Helicopter Engines USA shall invoice and customer shall be liable for a storage fee in the amount of one-tenth of one percent (0.1%) of the total value of the quote per month beginning as of the date the quote was issued. In the event that customer fails to respond to such proposal within thirty (30) days from the date of issuance, customer will be deemed to have accepted paragraph 4c above. Safran Helicopter Engines USA will send to the customer the appropriate documentation to transfer ownership of the engine and/or parts/accessories for the customer’s signature. In the event that customer either fails or refuses to execute and return such ownership transfer documents within ninety (90) days following its receipt of such, Safran Helicopter Engines USA shall take the necessary and appropriate lawful steps to instigate an immediate sale of the abandoned engine and/or part/equipment in order to recover what the amounts due it from customer as a result of the investigation and storage of the engine and/or parts/ equipment.
178
Department: Management Services
Prepared By: Vanny Khu
Department:

Prepared By: Vanny Khu
Staff Member Presenting: Jordan Villwock,
Deputy City Manager
Approved By:

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH MILLER

ARCHITECTURAL CORPORATION FOR ARCHITECTURAL DESIGN SERVICES FOR

THE PERMANENT FACILITY FOR THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE

CITY OF ONTARIO
Agenda Report
October 21, 2025
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
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The recommended Amendment No. 1 will increase the authorized contract amount of $118,675 by $3,116,400, for a new total not-to-exceed contract amount of $3,235,075.

The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Capital Projects Fund for the Permanent Animal Resource Center Facility. The Animal Resource Center of the Inland Empire will reimburse the City for all Permanent Facility Costs.

BACKGROUND & ANALYSIS:

On July 16, 2024, the City Council established the Joint Powers Authority (JPA) partnership with the City of Chino, named the Animal Resource Center of the Inland Empire (ARC), formerly named the West End Animal Services Agency. This decision came after the Inland Valley Humane Society (IVHS) elected not to extend its contract with the City of Ontario. ARC started its operations on July 1, 2025, and is a full-service animal services agency providing both animal control and sheltering services to member agencies.

To address the immediate need for animal sheltering services, ARC established a temporary animal shelter located at 1630 Shearwater Street in Ontario, a 14,873-square-foot concrete tilt-up building, 179
and a temporary warehouse facility located at 2304 South Baker Avenue, a 13,498-square-foot industrial building, adjacent to the temporary facility. ARC contracted with Miller Architectural Corporation for architectural design services for the temporary facility, as renovations were needed to transform the facility into a functional temporary animal shelter and administrative space.

While these temporary facilities have allowed ARC to maintain uninterrupted services, long-term success requires the development of a permanent, purpose-built facility that can meet community needs for decades to come. While the temporary shelter and supplemental warehouse provide essential stop-gap solutions, they are not designed for sustainable operations.

The City contracted with Miller Architectural Corporation for Phase 1 of the permanent facility design. Miller Architectural Corporation’s prior work with ARC has given them a thorough understanding of ARC’s service model, operational requirements, and facility challenges. For these reasons, Staﬀ recommends retaining Miller Architectural Corporation for Phase 2 of the permanent facility design. Their established knowledge of ARC’s operations, familiarity with the project site, and continuity of service enable them to deliver Phase 2 eﬃciently and eﬀectively, ensuring progress without disruption.

Funding for this service will be provided by the City of Ontario, with the JPA members paying back the total cost of the permanent Animal Services Center, over a 12-year period beginning once the facility is opened, which is anticipated in late 2027. This funding structure allows for equitable cost- sharing among the member agencies while ensuring efficient allocation of resources for the project.

Retaining Miller Architectural Corporation for Phase 2 supports the City’s commitment to operational excellence, ﬁscal responsibility, and the long-term sustainability of the Animal Resource Center of the Inland Empire.
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PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 1

TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

MILLER ARCHITECTURAL CORPORATION

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Communications & Media Management Consultants, Inc., a Corporation (Consultant) . City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Design Services Agreement” dated April 1, 2025 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add a scope of service and increase the compensation by $ 3,116,400, for a new total not -to-exceed amount of $3,235,075.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1 of the Agreement.
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3. Terms.

3.1 Amendment. Exhibit A – Scope of Services is hereby amended to add Attachment A, which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

Section 3 of the Agreement is hereby amended in its entirety to read as follows:

3.10.1 Consultant’s Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Three Million Two Hundred Thirty-Five Thousand Seventy-Five Dollars ($3,235,075) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be a djusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

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

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

3.5 Integration. This Amendment represents the e ntirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

MILLER ARCHITECTURAL CORPORATION

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

CITY OF ONTARIO MILLER ARCHITECTURAL

CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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ATTACHMENT A
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189
Department: Public Works
Prepared By: Gil H Mars
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

A CONSTRUCTION CONTRACT WITH BERNARDS BROS, INC., AND AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SMITH-EMERY LABORATORIES, INC., FOR ON-CALL GEOTECHNICAL AND MATERIAL TESTING

FOR THE CITY SERVICES BUILDING PROJECT

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No. D&C22-015 City Services Building with Bernards Bros, Inc., of San Fernando, California, for the construction of the City Services Building in the amount of $42,880,000 plus a 10% contingency of $4,288,000, for a total not-to-exceed contract amount of $47,168,000; B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract 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 Construction Contract with Bernards Bros, Inc., is $42,880,000 plus a 10% contingency of $4,288,000, for a total not-to-exceed contract amount of $47,168,000. Amendment No. 1 to the Professional Services Agreement with Smith-Emery Laboratories, Inc. is $210,165 for a total not-to-exceed contract amount of $360,165. The Fiscal Year 2025-2026 Adopted Budget includes appropriations in the Capital Projects Fund
for the City Services Building Project.

If
approved, additional appropriations will be included, as needed, in future annual budgets to City Council for consideration and approval.

190
BACKGROUND & ANALYSIS:

On February 21, 2023, the City Council approved an amendment to the Design Services Agreement with HMC Architects for the design of the City Services Building. The City Services Building will be a 3-story, 67,000 square foot administrative building that will accommodate oﬃces for the City Agencies/Departments of Financial Services, Human Resources/Risk Management, Information Technology, Broadband, Community, Life, and Culture, and Community Improvement, as well as a Police substation and the Ontario Public Employees Federal Credit Union (FCU). The construction of the City Services Building is part of the City's Civic Center Expansion project that also includes a new Fire Station No. 1 and Civic Center Parking Structure in downtown Ontario.

On September 17, 2025, nine (9) bids were received for Invitation No. 1931 - D&C22-015 City Services Building. The bids ranged from $42,880,000 to $55,324,000 and are summarized below:

Bidder
Location
Amount
Bernards Bros, Inc.

San Fernando, CA
$42,880,000
Clark Construction
Irvine, CA
$44,580,909
Swinerton Builders
Santa Ana, CA
$45,610,467
Barnhart-Reese Construction
San Diego, CA
$45,699,192
AMG & Associates
Santa Clarita, CA
$46,600,000
AWI Builders, Inc.

Burbank, CA
$46,921,500
PCL Construction Services, Inc.

Glendale, CA
$47,788,786
Woodcliff Corporation
Los Angeles, CA
$48,582,000
Plyco Corporation
Jurupa Valley, CA
$55,324,000
*Bogh Construction submitted physical bonds but did not formally bid on this project.

Bernards Bros, Inc., of San Fernando, California, submitted the lowest responsible and responsive bid with a base bid of $42,880,000. Based on the bid, credentials, pricing, and favorable reference checks, staﬀ recommends awarding the construction contract to Bernards Bros., Inc. The project has an estimated completion date of June 2027. While neither were the lowest bidder, Clark Construction, Bogh Construction, and Barnhart-Reese Construction did not comply with submitting hard copies and digital copies of the necessary bonds and, therefore, are not eligible to be considered for this project.

On May 2, 2023, the City Council approved a Professional Services Agreement with Smith-Emery Laboratories, Inc. for on-call geotechnical and material testing. A geotechnical engineer is required at the start of the project to assist with site layout, establish excavation levels and perform compaction testing. These tasks ensure that construction can proceed safely and in compliance with the structural and geotechnical requirements. Smith-Emery Laboratories, Inc., has provided the most competitive pricing for a full encompassed scope to complete this upcoming project.

Smith-Emery Laboratories, Inc., has provided geotechnical services to the City of Ontario in the past and has a good standing relationship and understands the City’s needs for this project. 191

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. is m ade 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 Bernards Bros., Inc. dba Bernards, Bernards Bros. Construction, Bernards Bros. Construction Management , 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:

D&C22-15 CITY SERVICES BUILDING
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 within 525 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 Forty-Two Million Eight Hundred Eighty Thousand Dollars ($42,880,000.00).

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.

PAUL S. LEON
MAYOR
A
LAN D. WAPNER

MAYOR PRO TEM
JIM
W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JA
MES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
192
ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250 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
Information Required of Bidders
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
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
193
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]
194
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
AT
TEST:

By:

Sheila Mautz, City Clerk
APPR
OVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Bernard Bros., Inc. dba Bernards,
Bernards Bros. Construction, Bernards
Bros. Construction Management
By:

Its:

Printed Name:
[

DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________

Contractor’s License Number and
Classification
____________________________________

DIR Registration Number
[IF C

ORPORATION, TWO

SIGNATURES, PRESIDENT

OR VICE PRESIDENT AND

SECRETARY OR
TREASURER REQUIRED]
E

ND OF CONTRACT
195
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BB&K 2020

AM
ENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
SMITH-EMERY LABORATIRES, INC.

1. P
arties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Smith-Emery Laboratories, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated May 2, 2023 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to add D&C22-015 City Services Annex Building scope of work, increase the compensation by $210,165 and extend the term of contract.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

3.7.14 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.1.1, 3.1.2 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
"3.1.1 G
eneral Scope of Services. Consultant promises and agrees to finish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional material testing and geotechnical engineering services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All services shall be subject to, and performed in accordance with, this PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
196
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BB&K 2020

Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.”

“3.1.2 Term. The term of this agreement shall be from May 2, 2023, to May 2, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one -year term. Consultant shall complete the Services within the term of this agreement and shall meet any other established schedules and deadlines. The parties may, by mutual, written consent, extend the term of this agreement if necessary to complete the Services.”

“3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Sixty Thousand and One Hundred Sixty Five Dollars ($360,165) without written approval of the City Council or City Manager, as applicable. Extra work may be authorized, and if authorized, will be compensated at the rates and manner set forth in this agreement.

Exhibit “A” is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

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

[SIGNATURES ON FOLLOWING PAGE]

197
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND SMITH-EMERY LABORATORIES, INC.

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

CITY OF ONTARIO SMITH-EMERY LABORATORIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[I
f 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
At
tested By:

City Clerk
198
SMITH-EMERY LABORATORIES, INC.

An Independent Commercial Testi ng Laboratory, Established 1904 1197 North Tustin Avenue
Anaheim, CA 92807
Phone: (714) 238.6133
[email protected]
August 12, 2025 City of Ontario
Purchasing Department
303 East “B” Street
Ontario, CA 91764-4196
RE: Ontario Services Building - Special Inspections and Geotechnical Engineering Services Smith-Emery Laboratories, Inc. (SEL) is pleased to present our proposal to provi de Material Testing and Geotechnical Engineering Services in support of the City of Ontario (City). Our experience and deep knowledge of working with numerous cities across California as well as understanding of the City’s expectations will be the driving force in meeting or exceeding the requirements.

Specialized Experience – SEL’s local workforce consists of 350 Geotechnical and Soil En gineers, Ge ologists, Inspectors and Technicians assigned to projects based on their credentials and capabilities. They are cross trained and hold multiple certifications including ICC, ACI, Caltrans, DSA, OSHPD and many others allowing us to provide value-for-service, minimizing project costs. We have trained, tested, and field ready technicians giving you the confidence that projects will be fully staffed and ready to respond quickly and efficient to your project needs .

Project Management – Robert Greeley, Operations Manager (Cell: 714.231.2049 [email protected]) with 40 years of experience at Smith-Emery will be the assigned Project Manager and the main point of contact. Rob’s experience has been honed with providing On -Call services for public work agencies , including c ities of Upland, Irvine, Anaheim and Fullerton to name a few. Rob will ensure staff is equipped and ready to go, discuss upcoming schedules with project personnel and works closely with the City’s team to identify staffing needs with an eye on strict adherence to the QA/QC plan. Rob wil l be supported by Mr. Simon Bittar, PE , Senior Soils Engineer (Cell:
213.792.3030, [email protected]) with over 25 years of experience Laboratory Capabilities – SEL has two (2) fully accredited local laboratories and resources on the west coast by square footage and volume of tests run, including the largest construction materials testing facility in California owned and operated by a Registered Civil Engineer. On this basis, SEL stands behind testing accuracy and provides the engineering and lab accreditations to assure clients of its testing reliability.

The value provided by selecting Smith-Emery will be a combination of personnel, resources, and efficiency, which include local personnel to service your projects, guaranteed response times, and around- the-clock laboratory resources. Thank you for the opportunity to present our qualifications.

Most Respectfully,
William Partridge, Vice President
Cell: (213) 249.7231 | [email protected]
Attachment A
199
Ontario City Services Building
City of Ontario
Drawing Date: 5.9.2025
Construction Schedule: Not Available

PROJECT COST ESTIMATE

SPECIAL INSPECTIONS HOURS RATE TOTAL
Reinforced Concrete - ACI Testing & Sampling - Torque Testing 880 $ 104.00 $ 91,520.00 Founations: Column Spread Footng Pads-Mat Raft Column Grade Beam Footing-Stem Wall and Curbs-Trash Enclosure-Elevator pit Slab and Walls-Slab on Grade-Stair & landings-Site Work-Post Installed Anchor Torques- Embeds-Dowels.

Steel Field Visual CWI- Welding & Bolting - Side Plate Experience-NDT 608 $ 104.00 $ 63,232.00 Installation and erection of steel framing-side plate bolting at 2nd and 3rd floor level and roof. Troque Testing NDT.

Fireproofing and Fire Stopping 60 $ 104.00 $ 6,240.00 Fireproofing sample and inspection Periodic/Concurrent with other operations: Periodic Fire Stopping Masonry CMU-Placement & Grouting 30 $ 104.00 $ 3,120.00 Periodic/Concurrent Gourting Continous-Trash Enclosure and Misc. Walls Steel Shop ADD/ALT $ 65.00
-Material ID- UT NDT of Moment Frame and or CJP Welds
Stee Shop ADD/ALT 400 $ 65.00
NON-LA City Approved-Framing & Side Plate Fabrication-Stairs Hand Rails-Material ID INSPECTION SUBTOTAL 1,642 $ 168,272.00
Overtime Contingency
Overtime (1.5x) $ 156.00
Double-time (2x) $ 208.00

MATERIAL TESTING UNITS
Concrete Compression Test: Concrete Cylinder (ASTM C39) #4300 360 $ 40.00 $ 14, 400.00 Mortar / Grout 10 $ 50.00 $ 500.00
Base Plate Grout 12 $ 50.00 $ 600.00
Fireproofing Oven Dry Density #4350 4 $ 65.00 $ 260.00 High Strength Bolts 4 $ 85.00 $ 340.00
MATERIAL TESTING SUBTOTAL $ 16,100.00

ADMINISTRATIVE
Project Management and Project Engineer 10 $ 150.00 $ 1,500.00 Administration / Reporting / Field Supervision (per invoice) 1 5% $ 9293.00 SUBTOTAL $ 10,793
Estimate Total (Not To Exceed) $
8/12/2025
This proposal estimate is based on the Structural Design drawing dated May 9, 2025. The above quantities are assumed for a budget estimate. Client will only be invoiced for all work performed on time and material basis based on Smith-Emery's working conditions and hours. No Travel time and mileage except when required to pick up equipment necessary for the services. We do not bill for any items not performed and all invoices come with corresponding backup. The project proposal assumes that the workday is an eight-hour day, normal conditions will prevail and our work will progress free of any disruptions or unforeseen obstacles. The contractor's construction schedule and manpower allotted will be the overall determining factor for inspection cost and hours for this project. Please note that overtime, schedule changes or increases in inspection requirements are not included, these and other factors beyond our control may affect the projected total. Minimum 4 & 8 hours apply. The prices quoted for All Services will change after June 30th each year. On July first of each year, the charges for services set forth in this Schedule of Fees will be adjusted changes in our general administrative and overhead expenses. These adjusted charges shall become the agreed upon basis for charges by Smith-Emery to Client. Please see the Schedule of Fees for the full list of services, terms and conditions.

Contingency $ 15,000.00
64 $ 4,160.00
210,165.00
200
Department: Public Works
Prepared By: Philip Marino
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

A CONSTRUCTION CONTRACT WITH ELEGANT CONSTRUCTION, INC. FOR THE

EUCLID AVENUE MONUMENT SIGN PROJECT

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No. PM 2526-2 with Elegant Construction, Inc., of Irvine, California, for the Euclid Avenue Monument Sign Project in the amount of $597,000 plus a 15% contingency of $89,550 for a total not-to- exceed contract amount of $686,550; and
B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract 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)
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The Construction Contract with Elegant Construction, Inc., is $597,000 plus a 15% contingency of $89,550 for a total not-to-exceed contract amount of $686,550. The Fiscal Year 2025- 26 Adopted Budget includes appropriations in the Capital Projects - Euclid Avenue Fund for the Euclid Avenue Monument Sign Project.

BACKGROUND & ANALYSIS:

The Euclid Avenue Monument Sign is located at the entrance into the City of Ontario near the I-10 on Euclid Avenue and is a main focal point for all that travel through the City. Enhancing the existing monument sign and infrastructure will provide a clear designation when entering and exiting the City of Ontario.

Improvements will consist of two new monument signs, three new ﬂag poles, a decomposed granite walkway, new lighting, location for a future monument, and new landscape and irrigation. 201

On August 12, 2025, the City solicited bids for Invitation No. 1940 for Construction Contract No. PM 2526-2 Euclid Avenue Monument Sign Project. Seven (7) bids were received and are listed below:

Vendor
Location
Bid Amount
Elegant Construction, Inc.

Irvine, CA
$597,000
PUB Construction, Inc.

Diamond Bar, CA
$597,152.71
KASA Construction, Inc.

Chino, CA
$754,754
Metrocell Construction, Inc.

Ontario, CA
$868,000
Environmental Construction,
Inc.

Woodland Hills, CA
$879,258
Garcon Construction
Ontario, CA
$944,515
1 st
California Construction, Inc.

Pasadena, CA
$1,242,000

Elegant Construction Inc., of Irvine, California, submitted the lowest responsible and responsive bid. A formal bid protest was received on September 10, 2025, from KASA Construction, Inc. Staﬀ denied the protest because the protest was related to responsiveness, but there was no basis to conclude that the lowest bidders were not responsive. Based on their credentials, pricing, and favorable reference checks, Staﬀ recommends awarding the Euclid Avenue Monument Sign Project to Elegant Construction, Inc. The project is estimated to be completed in April 2026. 202
PAUL S. LEON
MAYOR
AL

AN WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
–
This Contract for Construction (“Contract”), No. ________ 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 Elegant Construction Company, 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 Documen ts as specified in Article 5, below, for the following Project:

Euclid Ave. Monument Sign Project PM 2526-2
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 within 160 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 F ive Hundred Ninety-Seven Thousand Dollars PM 2526-2
203
46700.00920\42649889.1
Euclid Ave. Monument Sign Project PM 2526-2 2 PLANS AND DRAWINGS

($597,000). 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.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250 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
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Fleet Compliance 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
Any other documents contained in or incorporated into the Contract 204
46700.00920\42649889.1
Euclid Ave. Monument Sign Project PM 2526-2 3 PLANS AND DRAWINGS

The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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 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]
205
46700.00920\42649889.1
Euclid Ave. Monument Sign Project PM 2526-2 4 PLANS AND DRAWINGS

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
AT
TEST:

By:

Sheila Mautz, City Clerk
APPR
OVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Elegant Construction Company
By:

Its:

Printed Name:

By
:

Its:

Printed Name:
____________________________________

Contractor’s License Number and
Classification
____________________________________

DIR Registration Number
E

ND OF CONTRACT
206
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

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

A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH WAKECO, INC. AND

AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CONSTANT TECHNOLOGIES, INC., FOR THE ONTARIO POLICE DEPARTMENT REAL TIME

INFORMATION CENTER AND TENANT IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to approve Amendment No. 2 to the Goods and Services Agreement with Constant Technologies, Inc., of North Kingstown, Rhode Island, for the OPD RTIC and TI project in the amount of $13,038 for a total not-to-exceed contract amount of $806,743, which includes a previously approved contingency amount of $10,856; and
C
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract 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)
Maintain the Current High Level of Public Safety
FISCAL IMPACT:

Change Order No. 6 to the Construction Contract with Wakeco, Inc., is $207,480 plus a contingency of $361,100 for a new total not-to-exceed contract amount of $4,540,680.

Amendment No. 2 to the Goods and Services Agreement with Constant Technologies, Inc., is $13,038 for a total not-to-exceed contract amount of $806,743, which includes a previously 207
approved contingency amount of $10,856. The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Capital Projects-Measure Q Fund for the OPD RTIC and TI project.

BACKGROUND & ANALYSIS:

On August 20, 2024, the City Council approved a Construction Contract with Wakeco, Inc., for the RTIC and TI project. This facility will serve as a central hub for the City of Ontario, integrating various streams of data, including video surveillance, audio feeds, and real-time information from multiple sources. By consolidating these resources into one centralized location, the RTIC will allow OPD to monitor and respond to incidents more eﬃciently and effectively. As the work progressed, Wakeco, Inc., encountered multiple unexpected issues including a concrete cooler slab area which needed to be demolished, various infrastructure and electrical changes, additional anchoring for the storefront, design changes to an air conditioning unit, changes to remove and replace oﬃce tile and carpet, and installation of access controls for the doors. Additionally, there are other anticipated changes to the project scope including additional data drops, and missing air conditioning duct work in the motorcycle garage that have been identiﬁed during construction. Staﬀ recommends approving Change Order No. 6 and the additional contingency to address the unforeseen changes to the project scope and any other unforeseen items for the remaining duration of this project which may occur.

On November 21, 2023, the City Council approved a Goods and Services Agreement with Constant Technologies, Inc., to provide the equipment for the RTIC and TI project. Constant Technologies, Inc., is uniquely qualiﬁed to combine turnkey display wall deployment, technology integration and custom analyst workstations, all speciﬁc to RTIC buildouts. If approved, Amendment No. 2 will include additional cabling for the monitors and wall mounted cabinet sections for the RTIC and TI project.

This work is exempt from competitive bidding under applicable law because competitive proposals work an incongruity and are unavailing as aﬀecting the ﬁnal result, competitive proposals do not produce any advantage, and it is practically impossible to obtain what is required and to observe such form, (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 636- 637), because the work identiﬁed could not have been ascertained prior to commencement of work, the pricing is on fair and reasonable terms pursuant to the change order provisions of the underlying contract, and bidding the work as a separate contract would result in greater expense to the public. 208
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020

AM
ENDMENT NO. 2 TO THE GOODS AND SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND CONSTANT TECHNOLOGIES, INC.

1. P
arties and Date.

Th
is Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Constant Technologies, Inc., a Corporation (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Goods and Services Agreement” dated November 21, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to set forth in Amendment No. 2 – Attachment A and increase the not-to-exceed compensation amount by $13,038. The Parties have heretofore entered into that Amendment No. 1 dated February 19, 2025.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

12.17 of the Agreement.

3. T
erms.

3.1 Amendment . Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
“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 Seven Hundred Ninety-Five Thousand Eight Hundred Eighty–Seven Dollars ($795,887) without written approval of City’s 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.

PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
209
46700.00100\33287662.1

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BB&K 2020

E
xhibit “C” is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3. 2 Continuing Effect of Agreement . Except as amended by this Amendment No 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.2. From and after the date of this Amendment No.2 whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3. 3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3. 4 Severability. If any portion of this Amendment No.2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[
SIGNATURES ON FOLLOWING PAGE]
210
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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE GOODS AND SERVICES

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

I
N WITNESS WHEREOF, the Parties have entered into this Amendment No.2 as of the day and year first above written.

CITY OF ONTARIO CONSTANT TECHNOLOGIES, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
211
Quote#: 16775
Your Trusted Partner for Video Wall Solutions & Control Room Furniture RTCC - Radio Hub Add On
Quote#: 16775
Ontario Police Department
2500 S Archibald Ave,
Ontario, CA 91761
Prepared By
Thomas Rivera I [email protected] I 401-294-7171 x 111 Issue Date: 9/26/2025
Expiration Date: 10/26/2025
Constant Technologies Inc I 125 Steamboat Ave I North Kingstown I RI I 02852 I Tel. 401-294-7171 I Fax. 401-294-7505 I 1 I
Attachment A
212
213
214
215
216
217
218
Proposal #
Est. 15563
Ontario Police Department RTCC - Rear Storage
Cabinets and Monitor Arm Change - SK14
Ontario Police Department
2500 S Archibald Ave
Ontario CA 91761
Prepared for:

Adrian Escamilla
Project Manager
Prepared by:

Thomas Rivera
Issued Date:
07/25/2025
219
Your Single Source for Video Wall,
Technology and Console Integration
Equipment [ $9,982.64 ]
QtyDescription TotalSellItem ID

MONITOR ARMS FOR NEW LAYOUT
4OEM-CTI-MON-7500 $1,995.92$498.98Articulating Monitor Arm - 27" Extension with Beam Mounting Bracket & 100x100 VESA Plate
16OEM-CTI-MON-9130-
D-28
$7,986.72$499.17Pole Mount Monitor Arm - Double Tier Pole, (2) 18" Extension Arms with SBeam Mounting
Bracket & 100x100 VESA Plates
Equipment Sub Total $9,982.64
Item Total: $9,982.64
$0.11Discount:

Your Price: $9,982.53
Sales Tax: $873.47
Total: $10,856.00
Constant Technologies Inc | 125 Steamboat Ave | | North Kingstown | RI | Tel. 401-294-7171 | Fax. 401-294-7505

Page 2 of 5 ends

220
Your Single Source for Video Wall,
Technology and Console Integration
Accepted by:

Constant Technologies Inc | 125 Steamboat Ave | | North Kingstown | RI | Tel. 401-294-7171 | Fax. 401-294-7505

Page 3 of 5 ends

221
Your Single Source for Video Wall,
Technology and Console Integration
CONSTANT TECHNOLOGIES requires the following items prior to providing a firm schedule: • PURCHASE ORDER • SIGNED DRAWINGS • ACCEPTED TERMS • APPROVED FINISHES • DOWN PAYMENT • LOGISTICS INFORMATION SHEET Parts and final quantities are subject to change post contract award during 100% design review.

CONSTANT TECHNOLOGIES Standard Payment Terms for Invoicing (Taxes Excluded Unless Otherwise Noted):
·Payment Schedule To Be Determined
For all purchase orders and inquiries, please contact:

Finance Department
Constant Technologies, Inc.

Tel: 401-294-7171
Purchase Orders:

Please send all purchase orders to [email protected].

Payments:

All payments should be directed to [email protected].

Headquarters Address:
125 Steamboat Avenue
North Kingstown, RI 02852
Office Phone: (401) 294-7171
Fax Number: (401) 294-7505
Website: www.constanttech.com
GSA Contract # GS-03F-073GA
Federal Tax ID# 22-2503954
Dun & Bradstreet# 04-933-5102
NAICS Code: 334310
Cage Code: 1MDG8
Company Type: Corporation
State of Incorporation: New Jersey
Date of Incorporation: October 24, 1983
CONSOLE AND TECHNOLOGY FURNITURE LIFETIME WARRANTY:
·Constant Technologies warrants to the original purchaser that our Consoles and Technical Furniture will be free from defects in workmanship, given normal use and care, for the lifetime of their use. ·Textiles, decorative trim and electrical components are warranted to be free from defects in materials and workmanship for a period of one year from date of initial shipment. Electric lifting columns are warranted to be free from defects in materials and workmanship for a period of five years from the date of initial shipment. Paint finishes are warranted to be free from defects for five years from date of initial shipment.
·This warranty applies only to products manufactured by Constant Technologies, and is made only to original purchasers acquiring products through our dealers or directly from Constant Technologies. ·Warranty coverage ends when the original purchaser sells, transfers or otherwise disposes of a covered item. ·Constant Technologies will repair or replace, at its sole discretion, any parts of the warranted products found to be defective within the terms of the warranty.

THIS CONSOLE AND TECHNOLOGY FURNITURE LIFETIME WARRANTY DOES NOT COVER:
·Damage due to external causes, including accident, abuse beyond specified tolerances, misuse, problems with electrical power Disclaimer
Constant Technologies Inc | 125 Steamboat Ave | | North Kingstown | RI | Tel. 401-294-7171 | Fax. 401-294-7505

Page 4 of 5 ends

222
Your Single Source for Video Wall,
Technology and Console Integration
improper application, negligence or installation by parties other than Constant Technologies and its authorized dealers. ·Customer's Own Material (COM) specified by the customer that is not a standard Constant Technologies offering ·Color, grains, or texture of laminate and other covering materials due to natural variations over which Constant Technologies has no control.

There are no other warranties except as expressly set forth above, neither express or implied, including any warranty of merchantability or fitness for any particular purpose. We specifically exclude and will not pay consequential or incidental damages under this warranty.

Constant Technologies Inc | 125 Steamboat Ave | | North Kingstown | RI | Tel. 401-294-7171 | Fax. 401-294-7505

Page 5 of 5 ends

223
46700.00100\33457526.1

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

CHANGE ORDER

Project: D&C23-014 OPD Real – Time Information &
T.I. Improvements

Contract Date: 8/20/2024

Change Order Number: 6

Change Order Date: 10/2/25

To: Wakeco Inc.
42020 Winchester Rd.

Temecula, California 92590
Contact: Gavin Wakefield

THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDER S ASSOCIATED WITH THE WORK.

NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF ONTARIO.

The Contract is changed as follows:

PCO #033: Telecommunications changes per IB002 $ 27,502.18 PCO #036R1: Changes to AC -9 per RFI # 65R1 $ 31,669.65 PCO #037: IDF 1607 UPS per RFI $ 148,307.74

Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER

In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $ 3,611,000.00 Net change by previously authorized Change Orders $ 361,099.20 The Contract Price prior to this Change Order was $ 3,972,099.20 The Contract Price will be changed by this Change Order in the amount of $ 207,479.57 The new Contract Price including this Change Order will be $ 4,179,578.77

In consideration of the change(s) describe above, the Contract Time is adjusted as follows:

224
46700.00100\33457526.1

Page 2 of 2 ends

(BB&K 2020)

The Contract Time will be: increased decreased unchanged by 0 Days The Contract Time prior to this Change Order was 485 Days The new Contract Time including this Change Order will be 485 Days

Attachments: PCO#033, PCO#036R1, & PCO#037
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order . The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustment thereto due to Contractor , including direct, indirect, consequential, and overhead (field and home office) costs, due to Contractor arising out of or related to the c hange in the Work covered by this Change Order . By signing this Change Order, Contractor agrees to accept the amount of the adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.

Accepted:

(Signature) Gavin Wakefield, President Date

Approved:

(Signature) Tito Haes, Executive Director Public Works Date

Approved:

N/A

(Signature) Scott Ochoa, City Manager Date

225
Department: Utilities
Prepared By: Chris Bonadurer
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

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

A RESOLUTION APPROVING AMENDMENT NO. 6 TO THE CHINO BASIN DESALTER

AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
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:

If approved, this action will authorize the CDA to provide a stipend and reimbursement of reasonable expenses to members of its Board of Directors, including those serving on committees, councils, or other oﬃcial bodies as determined by the Board of Directors and approved by Resolution. The current stipend is $150 per meeting. Amendment No. 6 is not anticipated to have a signiﬁcant impact on the overall cost of desalter water. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City is a member of the CDA, which jointly exercises powers to own, operate, and maintain water desalting facilities (Chino I and II Desalters). These facilities include two treatment plants, thirty groundwater wells, over forty miles of pipeline, and various product water distribution facilities (pump stations, reservoirs, and interconnections), and provide 35,200 acre-feet of drinking water per year for its members.

Current members of the CDA include the Jurupa Community Services District (JCSD), Inland Empire Utilities Agency (IEUA), Western Municipal Water District (WMWD), Santa Ana River Water Company (SARWC), and the cities of Chino, Chino Hills, Norco, and Ontario. 226

On August 21, 2001, the City Council approved a JPA Agreement forming the CDA. On May 1, 2025, the CDA Board of Directors approved the proposed JPA Amendment No. 6, which authorizes the CDA to provide a stipend to each member of its Board of Directors, including those serving on committees, councils, or other oﬃcial bodies, for their participation in meetings, as determined by the Board and approved by Resolution. In addition, Directors and alternate Directors are eligible for reimbursement of reasonable expenses incurred while conducting oﬃcial CDA business. The governing bodies of each of the Member Agencies must approve JPA Amendment No. 6 by Resolution in order for it to become effective.
227
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF ON TARIO, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE CHINO BASIN DESALTER AUTHORITY.

WHEREAS, a Joint Exercise of Powers Agreement (“Original Agreement”) creating the Chino Basin Desalter Authority (“CDA”) was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District (“JCSD”), the Santa Ana River Water Company (“SARWC”), the cities of Chino ( “Chino”), Chino Hills (“Chino Hills”), Norco (“Norco”) and Ontario (“Ontario”) and the Inland Empire Utilities Agency (“IEUA”) (collectively the “Original Members” and individually, an “Original Member”); and

WHEREAS, Amendment No. 1 to the Original Agree ment (“Amendment No. 1”) was entered into by the Original Members as of December 11, 2001; and

WHEREAS, Amendment No. 2 to the Original Agreement (“Amendment No. 2”), dated as of October 30, 2008, was entered into by the Original Members and Western Municipal Water District, a California water district (“WMWD”; the Original Members and WMWD are collectively referred to herein as the “Members”); and

WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement (“Amendment No. 3”), dated as of February 18, 2010; and

WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement (“Amendment No. 4”), dated on or about March 21, 2012; and

WHEREAS, the Members entered into Amendment No. 5 to the Original Agreement (“Amendment No. 5”), dated on or about July 20, 2013; and

WHEREAS, the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 , Amendment No. 4, and Amendment No. 5 is referred to herein as the “Agreement”; and

WHEREAS, the Members now desire to enter into Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority (“Amendment No. 6”) to authorize the CDA Board of Directors to set the stipend to be paid to each Director or Alternate Director by resolution, as more particularly described in Exhibit A hereto.

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

1. The recitals set forth above are true and correct.

2. Amendment No. 6 attached hereto as Exhibit A is hereby approved.

3. The City Manager, or their designee, and any other proper officer of the City 228
of Ontario, are each hereby authorized and directed to execute and deliver Amendment No. 6 and any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper to approve, authorize and/or implement Amendment No. 6 and this Resolution.

4. Unless the context clearly requires otherwise, all terms used herein and not otherwise defined shall have the meanings given such terms in Amendment No. 6.

5. This Resolution shall take effect immediately.

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

PASSED, APPROVED, AND ADOPTED this 21st day of October 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

229

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025 - duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

230

Exhibit A

AMENDMENT NO. 6 TO

JOINT EXERCISE OF POWERS AGREEMENT
creating the

CHINO BASIN DESALTER AUTHORITY

231

-1-
AMENDMENT NO. 6 to

JOINT EXERCISE OF POWERS AGREEMENT
creating the

CHINO BASIN DESALTER AUTHORITY
WHEREAS, a Joint Exercise of Powers Agreement (“Original Agreement ”) creating the Chino B asin Desalter Authority (“CDA”) was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District (“JCSD”), the Santa Ana River Water Company (“SARWC”), the cities of Chino (“Chino”), Chino Hills (“Chino Hills”), Norco (“Norco”) and Ontario (“Ontario”) and the Inland Empire Utilities Agency (“IEUA”) (collectively , the “Original Members” and individually, an “Original Member”); and
WHEREAS, Amendment No. 1 to the Original Agreement (“Amendment No. 1”) was entered into by the Original Members as of December 11, 2001; and WHEREAS, Amendment No. 2 to the Original Agreement (“Amendment No. 2”), dated as of October 30, 2008 , was entered into by the Original Members and Western Municipal Water District, a California water district (“WMWD” ; the Original Members and WMWD are collectively referred to herein as the “Members”); and WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement (“Amendment No. 3”), dated as of February 18, 2010; and WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement (“Amendment No. 4”), dated on or about March 21, 2012; and WHEREAS, the Members entered into Amendment No. 5 to the Original Agreement (“Amendment No. 5”), dated on or about July 20, 2013; and WHEREAS, the Original Agreement , as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 is referred to herein as the “Agreement”; and
WHEREAS, the Members now desire to enter into this Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority (“Amendment No. 6”) to authorize the CDA Board of Directors to , as more particularly described below.

NOW THEREFORE , the Members hereto agree that the Agreement shall be amended as follows:

1. Section 2.6 of the Agreement is hereby amended , restated and superseded by the following:

Stipend. The CDA shall pay a stipend to each of the
Members of the Board, including each ex-officio Member, in the amount (s) and for attendance at such meeting(s) as determined by the Board of Directors by Resolution. In addition, a Director or alternate Director shall be
reimbursed for reasonable expenses incurred in the conduct of the business of the CDA.
232

-2-

2. Initially capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.

3. Except as expressly set forth in herein, nothing in this Amendment No. 6 shall constitute an amendment to any other provision of the Agreement.

IN WITNESS WHEREOF , the Members have executed this Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority as of the dates set forth below.

233

CITY OF ONTARIO
DATED: __________ BY:

CITY MANAGER
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

234

JURUPA COMMUNITY SERVICES DISTRICT
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

235

CITY OF CHINO
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

236

CITY OF CHINO HILLS
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

237

CITY OF NORCO
DATED: __________ BY:

MAYOR
DATED: __________ ATTESTED: ______________________________

CITY CLERK

APPROVED AS TO FORM

238

SANTA ANA RIVER WATER COMPANY
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

239

INLAND EMPIRE UTILITIES AGENCY
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

240

WESTERN MUNICIPAL WATER DISTRICT
DATED: __________ BY:

PRESIDENT
DATED: __________ ATTESTED: ______________________________

SECRETARY

APPROVED AS TO FORM

241

STATE OF CALIFORNIA )
) SS.

COUNTY OF SAN BERNARDINO )
242
Department: Housing
Prepared By: Albert Ramirez
Department:

Prepared By: Albert Ramirez
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Approved By:

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

A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT

FUNDING FROM THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES - BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM ROUND 2

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following action:

A
.

B
.

Authorize the City Manager or designee to execute any documents or agreements needed to complete the application and implement the grant; and
C
.

If awarded, accept funding of $25 million from the California Department of Health Care Services.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Ontario Wellness Campus Phase 2, as described below, is expected to cost approximately $69 million. There is the potential of 38% of the project's development costs to be covered if this grant is received. If awarded Behavioral Health Continuum Infrastructure Program grant funding, the City expects to ﬁnish all required ﬁnancial and conceptual steps, including the issuance of bonds and execution of agreements, by December 2027. If the grant is awarded, the revenues and appropriations will be included in a future quarterly budget report to City Council for approval.

BACKGROUND & ANALYSIS:

As part of the City of Ontario's ongoing commitment to addressing homelessness and expanding essential services, the City has identiﬁed a critical need for a dedicated facility that oﬀers both emergency housing and comprehensive supportive services. In response, the City 243
is developing the Ontario Wellness Campus, a centralized, full-service facility designed to support Ontario's homeless and vulnerable populations.

This innovative campus will provide a wide range of services, including emergency and transitional housing, behavioral health and substance use disorder treatment, medical care, case management, workforce development, and housing placement assistance. By bringing these services together in one place, the Wellness Campus will serve as a hub to address the root causes of homelessness, improve public health outcomes, and reduce reliance on costly emergency systems.

The Ontario Wellness Campus is being developed in two phases to meet both immediate and long-term community needs:

Phase 1 is currently under construction and scheduled for completion by November 1, 2025. It focuses on rehabilitation of the Ontario Motor Inn. Once complete, this facility will oﬀer shelter beds, transitional housing, case management, and basic healthcare support. This phase ensures rapid access to shelter and essential services for individuals experiencing homelessness.

Phase 2 will expand the site to support long-term recovery and integrated care. It will include the development of additional emergency beds, a fully equipped medical clinic, sobering beds for crisis stabilization, and a multipurpose facility that will oﬀer job training, group counseling, and community programs. This phase will also introduce a dedicated outpatient substance use treatment program with individual and group counseling rooms, medication-assisted treatment, and recovery support services.

Upon the completion of both phases, the Ontario Wellness Campus will become a comprehensive care environment, supporting individuals from crisis through recovery and toward long-term stability.

To complete Phase 2 of the Ontario Wellness Campus, the City is pursuing funding opportunities from federal, state, and county-level resources. One key opportunity that aligns with the goals of the Ontario Wellness Campus is the Behavioral Health Continuum Infrastructure Program (BHCIP), a California state initiative administered by the Department of Health Care Services (DHCS). BHCIP is designed to expand behavioral health treatment capacity, prioritize underserved and vulnerable populations, increase access to community-based crisis and residential treatment, and promote integration with housing and supportive services. The program provides capital funding for projects that increase local capacity for emergency housing, mental health and substance use treatment through construction, renovation, and facility development.

The Ontario Wellness Campus is well-aligned with these goals. The facility will serve high-need individuals, particularly those experiencing homelessness with co-occurring mental health and substance use conditions, oﬀering housing, mental health, primary care, and recovery services on a single campus. The City of Ontario is requesting $25 million in BHCIP funding to support Phase 2 of the Ontario Wellness Campus. This funding will complete the campus development, enabling construction of a medical clinic, sobering center, multipurpose facility and expanded emergency shelter beds. These critical investments will strengthen the continuum of care for individuals experiencing homelessness with co-occurring mental health and substance use disorders, and will reduce reliance on emergency rooms, decrease jail bookings, and address unsheltered homelessness.
244

RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO

THE CALIFORNIA STATE DEPARTMENT OF HEALTH CARE SERVICES (DHCS) FOR FUNDING UNDER THE BEHAVIORAL HEALTH
CONTINUUM INFRASTRUCTURE PROGRAM ROUND 2 (2025): UNMET
NEEDS; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO;

AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN
THE BHCIP ROUND 2: UNMET NEEDS PROGRAM.

WHEREAS, the City of Ontario (“Applicant”), a municipal corporation, wishes to apply for and receive an allocation of funds through the BHCIP Round 2: Unmet Needs Program; and

WHEREAS, the California Department of Health Care Services, through its contractor Advocates for Human Potential, Inc. (“Department”), has issued a Request for Applications, dated May 30, 2025 (“RFA”), for the Bond BHCIP Round 2 (2025) Unmet Needs Program (“Program ”), pursuant to California Welfare and Institutions Code sections 5965-5967.01 (“Behavioral Health Infrastructure Bond Act of 2024”); and

WHEREAS, the City of Ontario wishes to submit an application to obtain from DHCS an allocation of BHCIP Round 2: Unmet Needs funds in a total amount not to exceed twenty-five million dollars ($25,000,000) for eligible activities as further described herein and in the application; and

WHEREAS, to qualify for allocation of funds through the Program, the City of Ontario must provide documentation supporting their ability to apply for and obtain funds;

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

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution as though fully set forth herein.

2. Authority to Apply for Funding. The City of Ontario is authorized and directed to submit to DHCS, an application to participate in the BHCIP Round 2: Unmet Needs Program to request a funding allocation , in an amount not to exceed $25,000,000, for the following activity: To complete the construction of the Ontario Wellness Campus, which will provide critical services to address the unmet needs of individuals struggling with mental health and substance abuse disorders including many from the unhoused population in the City of Ontario.

3. Authority to Execute Program Funding Agreement. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Program Funding Agreement for the total award amount, and all other documents required or deemed necessary or appropriate to secure 245

the Program grant funds from the Department and to participate in the Program, including all amendments thereto (collectively, the “Program Documents”).

4. Use of Funding. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Program Funding Agreement. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Program Funding Agreement. Funds are to be used for the allowable expenditures and activities iden tified in the Program Funding Agreement. If the application for funding is approved by DHCS, the City of Ontario hereby agrees to use the BHCIP funds for eligible activities in the manner presented in the application, as approved by DHCS, and in accordance with the program regulations.

5. Authorization of City Manager or Designee. The City Council of the City of Ontario authorizes the City Manager or Designee to execute, in the name of the City of Ontario, the application to participate in the BHCIP Round 2:

Unmet Needs Program, the Program Funding Agreement, and all other documents required by DHCS for participation in the BHCIP Round 2: Unmet Needs Program, and amendments thereto.

6. Effective Date. This Resolution will take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 21st day of October 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
246

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held October 21, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

247
Department: Police Department
Prepared By: Michael Gracia
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT WITH UNIVERSAL PROTECTION SERVICE,

LP, DBA ALLIED UNIVERSAL SECURITY SERVICES, FOR JAIL FACILITY STAFFING

SUPPORT SERVICES

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The agreement includes a not-to-exceed amount of $4,735,387 over a ﬁve-year term, with an optional two-year extension included. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the General Fund for jail facility staﬃng and support services. The ﬁrst three years of the agreement include a combined not-to-exceed total of $2,661,880. Appropriations for future ﬁscal years of the agreement will be included in the respective future ﬁscal years' budget to be submitted for consideration by City Council for approval. A ﬁfteen percent increase in the agreement diminishes the need for a revision due to any increase in the City's needs for jail facility staffing and support services.

BACKGROUND & ANALYSIS:

The Ontario Police Department's jail facility and its associated support services, including inmate booking, temporary custodial holding, and transportation to the West Valley Detention Center, are essential to the department's operational eﬃciency. These services save thousands of staﬀ hours annually by enabling patrol oﬃcers to return to the ﬁeld promptly and focus on their core law enforcement duties.

On October 1, 2020, the City entered into an agreement with Universal Protection Service, LP, dba Allied Universal Services (Allied), which is set to expire on October 31, 2025. In anticipation of this, the City solicited proposals through the City's Request for Proposal (RFP) management system (RFP #1949) on September 22, 2025. Allied was the sole qualified respondent.

248
Allied meets the standards established by the California Board of Corrections and holds accreditation from the American Correctional Association. The company has consistently demonstrated its ability to deliver high-quality, professional services that align with the operational needs of the Police Department.

Based on Allied's satisfactory performance, meeting the criteria set forth in RFP #1949, and providing the best value to the City in price, expertise, and experience, Staﬀ unanimously recommends entering into a new agreement. The proposed term is for an initial three-year time frame with two, one-year extensions contingent upon all necessary documents being submitted to the City and final approval from the City's Risk Management Department. 249
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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

UNIVERSAL PROTECTION SERVICE, LP DBA

ALLIED UNIVERSAL SECURITY SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Universal Protection Service, LP dba Allied Universal Security Services, a Limited Partnership, with its principal place of business at 450 Exchange, Irvine, CA, 92602 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing for Jail Facility Staffing & Support Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Jail Facility Staffing & Support Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits at tached hereto a nd incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from November 1st, 2025 to October 31st, 2028 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER
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two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million, Six Hundred Sixty -One Thousand, Eight Hundred Eighty Dollars and Zero Cents ($2,661,880.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultan t's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payme nt shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

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

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

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.

Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled. 251
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3.3 Responsibilities of Consultant.

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

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

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

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

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

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Steve Claton, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the 252
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satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.3.9 Period of Performance.

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

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeu re Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
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3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

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

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

3.3.10.5 Water Quality Management and Compliance . Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, wi thout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such 254
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authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

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

3.3.11 Insurance.

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

3.3.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, suppl ement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $5,000,000 per occurrence and no less than $10,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by on e insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $5,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with 255
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limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability : (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of t his Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability : (1) Additional Insured: T he City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

(D) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
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3.3.11.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

3.3.11.9 Enforcement of Agreement Provisions (non estoppel) .

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

3.3.11.10 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 257
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3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

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

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of busine ss and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, 259
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at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2 782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years 260
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from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7 .2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limit ed to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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

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

Consultant: Universal Protection Service, LP dba Allied Universal Security Services, a Limited Partnership
450 Exchange
Irvine, CA, 92602
ATTN: Steve Claton, President
City: City of Ontario
303 East “B” Street
Ontario, CA, 91764
ATTN: Records Management
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in 261
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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consulta nt shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 262
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3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed c onfidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recov er from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code cl aim is submitted, or if any prerequisite 263
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contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for 264
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Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL SECURITY SERVICES

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

CITY OF ONTARIO UNIVERSAL PROTECTION SERVICE, LP

DBA ALLIED UNIVERSAL SECURITY

SERVICES
*If Corporation, Two Signatures, President Or Vice President And Secretary Or Treasurer Required
By:

Its: Regional President
Printed Name: Steve Claton
By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City of Ontario
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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BB&K (2024) Ex. “A”-1- PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "A"

SCOPE OF SERVICES
The City requires the services of a qualified security and staffing company to provide Custody Officer support for the City’s jail facility. The City, through the Police Department, will maintain complete operational control and management of the facility. The selected vendor will provide staffing services under the City’s direction, ensuring coverage and compliance with all applicable laws, regulations, and OPD policies.

1. STAFFING OF THE JAIL FACILITY

1.1 Coverage: The vendor shall provide qualified Custody Officers to maintain 24/7 coverage, including holidays, with a minimum of one (1) Custody Officer per shift. Vendor agrees to staff and operate the Jail Facility in compliance with all Minimum Standards, and in accordance with the policies and procedures set forth in the OPD Policy manual, providing 168 h ours of coverage per week, including holidays.

1.2 Certification: Custody Officers must meet or exceed all California Board of State and Community Corrections standards, as well as any additional City requirements. By responding to this Request for Proposal, Vendor agrees to absorb any/all costs associated with these requirements.

1.3 Employee Background Checks : Vendor shall institute a procedure for performing background checks. Pre-employment screenings must be completed at the vendor’s expense, with documentation provided to the City. By responding to this Request for Proposal, Vendor agrees to absorb any/all costs associated with these requirements.

1.3.1 Employment/Qualifications Verification: Conduct a five (5) year employer background check to verify the applicant was not terminated for other than honorable circumstances and verify any periods of unemployment.

1.3.2 Education: Conduct a review of the schools attended by the applicant to verify completed educational level. Validate all references made to completing an “Equivalency Test” for High School level.

1.3.3 Drugs: Conduct a random drug screening test to verify non-usage of drugs.

Applicants who are narcotics offenders or use dangerous drugs or use alcohol to an excessive degree will be disqualified.

1.3.4 Reference Check: Conduct a minimum of three personal reference checks including a home visit with spouse, partner and/or neighbors.

1.3.5 DMV Check : Respondent shall provide California Department of Motor Vehicles (DMV) reports on all prospective employees to City for review. City shall establish minimum driving requirements for any Respondent employee who will be driving any City vehicle, which must b e adhered to by the Respondent and its Employees.
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BB&K (2024) Ex. “A”-2- PROFESSIONAL SERVICES AGREEMENT

1.3.6 Credit Check : Conduct a standard credit check to determine financial responsibility and interview all raters who have given a negative review to determine the cause of said negative review.

1.3.7 Psychological Review : Conduct a Minnesota Multiphasic Personality & Intelligence Test (MMPI) to determine moral integrity and mental stability of applicant. The psychological evaluation shall be conducted by a clinical psychologist acceptable to the City.

1.3.8 Fingerprints: The applicant’s fingerprints must be processed through Livescan for California Department of Justice and NCIC/FBI clearance.

Fingerprinting and processing of applicant to obtain clearances shall be performed by the City, with the required Department of Jus tice fees paid by Respondent.

Fingerprinting must be completed, and clearances received prior to applicant working in the City Jail Facility.

1.3.9 Background: Proposer shall provide copy of completed background check to the City for final review. Proposer shall re-open background investigations at the City’s request prior to final hiring decision.

1.4 Vacancies: Vendor shall immediately fill any vacancy arising out of sickness, vacation, and/or termination with a Custody Officer from Vendor’s personnel that have met the qualifications set forth in the Agreement and have been pre-approved by the City’s technical Representative. If Vendor is required to pay overtime to fill such a vacancy, the overtime shall be paid by the Vendor.

1.4.1 City Coverage : If the Proposer is unable to fill the vacancy with an acceptable replacement Custody Officer, the City reserves the right to fill the vacancy with authorized Department personnel. In this event, the Proposer shall be billed for the hours worked by Police personnel at a rate equal to the City’s fiscal years’ fully burden rate of a Police Corporal. Fiscal Year 2025-26’s current rate of a Police Corporal is $152.25.

1.4.2 Staffing List: Vendor shall maintain a Jail Facility Staffing List, which would include Custody Officers that have been previously approved by the Personnel and Training Division. The Vendor shall raise issues to the Temporary Holding Facility Manager including the back-up staff of Custody Officer that will be maintained and available to replace regularly scheduled staff that may be absent for reasons of illness, vacations, or other reasons.

1.5 Scheduling: Scheduling of Vendor’s own Custody Officers will be the responsibility of the Vendors and in accordance with the minimum staffing requirement outlined in this section.

The schedule of the assigned employees of the Vendor acting in a Custody Officer capacity will be determined by mutual agreement with the Temporary Holding Facility Manager.

1.6 Termination: The City has the right to remove any Employee or Vendor from the Jail Facility temporarily or permanently upon written notice to Vendor, and at its sole discretion, provided such removal is in accordance with applicable law. Advance notice shall be given by the City to Vendor whenever reasonably possible.

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BB&K (2024) Ex. “A”-3- PROFESSIONAL SERVICES AGREEMENT

2. JAIL OPERATIONS

2.1 Operations: Custody Officers must be capable of working independently and as part of a team while following all OPD policies and applicable Minimum Standards.

2.2 OPD Policy Manual : City will provide complete O ntario Police Department Policy sections of the Policy Manual relating to all jail operations, policies, and procedures, including field operations affecting Jail operations, medical and emergency provisions. All applicable provisions set forth in the OPD Policy Manual will be completely followed and strictly adhered to by Employees of the Vendor. The Custody Officers will forward any questions, clarification, or interpretation issues to the attention of the on -duty Watch Commander in the absence of the Temporary Holding Facility Manager.

2.3 Specified Duties and Obligations: Proposer’s duties and obligations, including the duties and obligations of its Employees, shall be set forth in detail in the Proposer’s Policy Manual.

In general, these shall include, but are not limited to, the performance of the services set forth below in accordance with the applicable Minimum Standards. Additional services may include, but not limited to, assisting OPD picking up ar restees from special details such as checkpoints, saturations or Multi Enforcement Team (MET) probation details.

2.3.1 Staffing Plan: Proposer shall provide intake, housing and release processing which shall include one (1) Jail Supervisor, one (1) Jail Lead, eight (8) Jail Officers and one (1) part -time Jail Officer (Custodial Personnel).

2.3.2 Custodial Personnel Duties:

a. Sign into the jail logbook at the start of your shift b. Complete key log
c. Conduct jail inspection
d. Receive pass down from previous shift
e. Transport or cite release arrestees
f. Process incoming arrestees: complete intake, medical screening, classification property and PREA forms. (Sobering form as applicable) g. Jail must be kept clean and organized throughout shift h. Provide pass down to oncoming officer(s)

2.3.3 Custodial Supervisor Duties:

a. Responsible for all jail operations.
b. Management of jail personnel.
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BB&K (2024) Ex. “A”-4- PROFESSIONAL SERVICES AGREEMENT

2.4 Disciplinary Rules and Regulations: Proposer shall impose discipline through rules, regulations, and orders pursuant to a disciplinary system meeting or exceeding the applicable Minimum Standards set forth in the OPD Policy manual. Proposer shall provide the City a copy of the Proposer’s disciplinary policies and procedures and any applicable employee “code of conduct.” Proposer shall require the Proposer’s Employees adhere to the Police Department’s Code of Conduct and such document shall be incorporated into Proposer’s rules and regulations pertaining to Employee conduct. In the event that an Employee of the Proposer is deemed to have been engaged in misconduct or has committed a violation any law, rule, or established procedure, the City shall request the Proposer to begin disciplinary action against the Employee for said violation or misconduct. The City, at its sole discretion, reserves the right to immediately remove any employee of the Proposer without cause, provided that the request is made in writing and is in accordance with applicable law.

2.5 Safety: Proposer’s Employees shall maintain the Jail Facility in compliance with the OPD Policy manual and all applicable Minimum Standards relative to safety.

2.6 Security: Proposer’s Employees shall be responsible for providing security for all Inmates in accordance with the OPD Policy manual and all applicable Minimum Standards while they are inside the Jail and/or when being transported by Proposer’s Employees. The Proposer’s Employees will be responsible for inmate security until such time as the inmate is properly transferred and taken into custody of the San Bernardino County Sheriff’s Office, another Law Enforcement Agency, West Valley Detention Center, author ized criminal justice agency, or any Court authorized agency or entity.

2.7 Records: All inmate and jail facility documents and records generated under the scope of this Agreement are the property of the City and shall remain with the City. The Employees of the Proposer are prohibited from removing any inmate or Jail facility document, record, or copy thereof, except when required to execute a duty or responsibility as mandated by this Agreement.

Nor shall Employees of the Proposer remove from the Jail Facility or release to any third party, any inmate, housing, or Jail Facility document, record or hard copy thereof (whether it is a physical copy, electronic copy or copy by any other means such as a photograph) without the express written approval of the Department’s Custodian of Records. Any violation of this section shall result in the immediate removal of the employee, a request by the City for disciplinary action by the Proposer against the employee, and criminal or civil prosecution if appropriate. Proposer shall require each Employee to sign a document agreeing to abide by the provisions set forth herein in this paragraph. Proposers Employees shall generate and maintain all inmate records in accordance with established Department procedures and the applicable Minimum Standards.

2.8 Maintenance: City shall maintain the physical structure of the Jail and all City owned tangible personal property contained therein, in accordance with the applicable Minimum Standards. Proposer will complete routine cleaning, and will in so doing, maintain, preserve and keep the Jail in a good working order and sanitary condition, subject to normal wear and tear, and will, from time to time, make or cause to be made, all necessary and proper repairs, replacements and renewals of cleaning equipment. City sh all have responsibility for all repairs, replacements and renewals related to the physical structure of the Jail and the Police Department Building systems located outside the Jail (such as electrical supply, hot water heaters, sewers, etc.), and structural conditions or defects of either building which affect the Jail. 270
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2.9 Vehicle Maintenance and Insurance : City shall self -insure and maintain City owned vehicles used by Proposer. Proposer shall obtain and maintain liability insurance for all Proposer’s Employees if they are driving City’s vehicles. Proposer will indemnify and hold City harmless for any accidents, damages, injuries and claims, caused solely or comparatively by Proposer’s Employees. All Proposer’s Employees using any vehicle in connection with the services provided under this Agreement shall have a valid Califo rnia Driver’s License, which shall be available for inspection by City.

2.10 Uniforms: Proposer shall establish a policy, subject to approval of the City, prescribing a standard uniform for its Employees including shirts, pants, belts, jackets, and associated uniform articles of clothing that are normally and routinely issued to corrections officers . Proposer shall provide such uniform items to its Employees either directly or through uniform allowance.

2.11 Emergencies: In case of local, state or federal emergency, Proposer agrees to require and ensure that its Employees will report for duty to the Jail Facility pursuant to the City’s emergency response procedures.

2.12 Training: Employees assigned to the Jail Facility shall participate in all City training exercises as directed by the OPD Professional Standards Unit.

2.13 Investigation: In case of a Professional Standards Unit investigation, an internal investigation, a formal or informal investigation, or other similar investigation, Proposer shall require (as a condition of employment to Proposer) that Employee will comply with the requests of the Department or any third party for statements, testimony or other similar acts.

2.14 Personal Communication Devices: All personal cell phones and/or electronic devices used while on -duty and/or in the jail facility are subject to the provisions of the department’s “Personal Communication Devices” policy.

2.15 Inmate Related Meals/Supplies: Proposer shall issue a Procurement or credit card with a reasonable established limit to the Jail Supervisor to be used for the purchase of meals or supplies for inmates. Proposer must pre-authorize other purchases for jail operations.

2.16 Transition and Coordination : If applicable, the vendor shall provide a detailed transition plan to ensure seamless continuation of services from any previous provider. 271
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BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "B"

SCHEDULE OF SERVICES

ALL SERVICES WILL BE PROVIDED AS OUTLINED EXHIBIT “A” BASED ON THE PRICES LISTED IN EXHIBIT “C”.

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BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

COMPENSATION

Hours based on best estimate of hours as described in RFP. Should hours vary, or if additional services are needed, the hourly rates above would apply.

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BB&K (2024) Exhibit “C”-2 PROFESSIONAL SERVICES AGREEMENT

Hours based on best estimate of hours as described in RFP. Should hours vary, or if additional services are needed, the hourly rates above would apply. 274
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

AUTHORIZE THE RENEWAL OF THE CITY'S BUSINESS INTELLIGENCE AND DATA VISUALIZATION PLATFORM, SISENSE, INC.

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund for annual subscription licensing. The proposed renewal increases the authorized not-to-exceed amount of $391,286 by $108,000 for a total subscription amount not- to-exceed of $499,286. The ﬁxed billing rates will determine the amount charged for services and reﬂect the actual services provided. If approved, appropriations will be added to the future ﬁscal years’ budgets for City Council consideration, consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

Sisense is the City’s current business intelligence and data visualization platform, used by multiple departments to create dashboards, reports, and data analyses that support operational and strategic decision-making. Since its implementation in 2020, the City has renewed Sisense licensing annually, and Sisense has provided users with access to near real-time data from a variety of City systems, helping staﬀ improve service delivery and track key performance indicators. To maintain access to dashboards and reporting tools that are actively used across departments, Staﬀ recommends City Council approval to renew and increase the subscription amount by $108,000, for a not-to-exceed subscription amount of $499,286. 275
Sisense, Inc. | Order ID: 0Q0CPQ64199 | October 08, 2025 1 / 5
a a a a a a a a a a a a a a a a a a a a a a a a a
Customer: City of Ontario
Attn: Nina Kaivan-Mehr
Id: 0Q0CPQ64199
Sales Manager: Greggory Schwartz
Sisense, Inc.
1359 Broadway, 4th Fl,
New York
NY 10018
USA
City of Ontario - 2026 Renewal_w_specialterms_copy
Subscription Period: January 01, 2026 - December 31, 2026 January 01, 2026 - December 31, 2026
Product Qty
Sisense Fusion Analytics - Essentials Package - Sisense Cloud Package Includes:
- Fusion Analytics - For use in 1 Production Instance
- 20GB Elasticube Production Capacity
- 10 Viewer Users
- 5 Admins/Designers
1 Additional 20GB Elasticube Production Capacity - Sisense Cloud 1 Additional 80GB Elasticube Production Capacity Discount Pack - Sisense Cloud 2 Additional Admin/Designer Users 19
Additional Viewer Users 289
Natural Language Package 1
Full White Labeling 1
Marketplace Add-On - Report Manager 1
Net Total Product Fees $107,935.18
Proposal Summary:

Grand Total: $107,935.18
Payment Terms:
• Payment Due: Net 30 from invoice date.
• All prices specified in this Sales Order are stated in US Dollars unless otherwise expressly stated. Invoice/Billing Currency: USD
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Agreement Details:
• The terms and conditions of the underlying Master Subscription Agreement (or OEM License Agreement, End User License Agreement, or Customer Agreement, as applicable, including all addendums and any amendments thereto) between Sisense and Customer which was incorporated in the last Sales Order concluded by Sisense and Customer prior to this Sales Order (the “Agreement”) shall govern and be incorporated in this Sales Order. Capitalized terms used in this Sales Order and not defined herein shall have the meanings ascribed to such terms in the Agreement.

Special Terms:
o The third sentence of Section

11.1 of the Agreement is hereby replaced with the following:

At the end of the Initial Term, and at the end of each Renewal Term thereafter if any, this Agreement shall not be renewed unless the parties hereto agree in writing to a renewal of this Agreement (each such agreement, a “Renewal Term”).
o Section

12.9 of the Agreement is hereby replaced with the following: Governing Law. The Sales Order specifies the applicable Sisense entity that is a party to this Agreement. This Agreement and all matters arising out of or in connection with it shall be construed and enforced in accordance with, and governed by, the substantive laws of the State of California, United States, without regard to the conflict of laws principles thereof. The parties hereby expressly submit to the exclusive jurisdiction of the courts located in State of California, United States for resolution of all disputes arising under the terms of or in connection with this Agreement (including non-contractual claims) and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Sisense shall have the right to seek a preliminary, interim or preventative injunction in respect of any breach of its Intellectual Property Rights in any jurisdiction and court. The application of the United Nations Convention of Contracts for the International Sale of Goods is 277
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expressly excluded
o During the term of this
Agreement Sisense shall maintain in full force and effect the following insurance coverage:
(i) Commercial General Liability insurance with limits of no less than $1 million per occurrence and $2 million as an annual aggregate, including, but not limited to, products and completed operations;(ii) Workers’ Compensation insurance in compliance with all statutory requirements;(iii) Umbrella insurance with limits of no less than $10 million per claim and $10 million as an annual aggregate; and(iv) Cyber-Liability insurance with limits of $10 million
per claim and $10 million as an annual aggregate. Sisense will provide, upon reasonable request, a certificate of insurance evidencing all such coverage.

Upon reasonable request by Customer, Customer shall be named as additional insureds on all such policies except under clause (ii) above (included via vicarious liability language in the Cyber Liability/Technology Liability Policy). Sisense is authorized to transact business in the state of California. Licensor will provide Licensee with at least thirty (30) days prior written notice of any cancellation of such insurance.

General Terms:
• This Sales Order shall be considered binding when fully executed by the Customer.

The parties agree that if Customer provides a purchase order to Sisense, Customer's purchase order is provided for Customer's internal purposes only.

Customer's signature herein constitutes acceptance of the terms in this Sales Order and the Agreement notwithstanding anything written to the contrary in the purchase order.
• If Customer’s actual use exceeds the subscription license(s) granted in this Sales Order (as applicable), Customer will use good faith efforts to reduce usage so that it conforms to such usage limits. Customer may be invoiced in arrears for such excess use at the rate listed in the Additional Purchase Options set forth above, if applicable (or, if no Additional Purchase Options apply, at Sisense’s then-current rates).
• Training: Sisense Academy training webinars are included. • The prices stated above do not include any potential taxes that may apply to this 278
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transaction. Any such taxes will be applied to the invoice issued in accordance with the Agreement. If your organization is exempt from payment of such taxes, you must submit the required exemption certificate(s) to accounting- [email protected], otherwise all such taxes will apply.
• Sisense accepts payments through wire transfers, ACH and check. ACH/wire transfer information will be attached to the invoice. Credit cards cannot be accepted at this time.
• Offer valid until: October 29, 2025.

To proceed, please sign this Sales Order.
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Purchase Order Information
Will the Customer issue a Purchase Order for the Products or Services set forth in this Sales Order? \poneed1\
If yes, please provide us your signed PO and complete the following. If no, please enter "n/a".

PO Number: \pon1\ PO Amount: \poa1\
Billing Contact Information
Contact Name: \con1\
Contact Email: \coe1\
Contact Phone: \cop1\
* Invoice will be issued and emailed to the contact email above Customer Details and Approval
Company Legal Name: \cmn1\
Billing Address: \bla1\
Billing City: \blt1\
Billing State: \bls1\
Billing Country: \blc1\
Billing Zip/Postal Code: \blz1\
Name of Approver: \n1\
Title: \t1\
Email: \email1\
You hereby represent that you are an authorized representative of Customer, and are authorized to commit Customer for all terms and conditions in this Sales Order, and you acknowledge that Sisense relies on such representation in its agreement to accept this Sales Order.

Date Signed: \d1\ Signature: \s1\
280
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT FILE NO.

PDCA25-002 REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF

ONTARIO DEVELOPMENT CODE

CITY OF ONTARIO
Agenda Report
October 21, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance approving File No. PDCA25-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which states long-term principles, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens. Staﬀ has initiated certain clariﬁcations and revisions to the City of Ontario Development Code that are necessary to adjust and clarify various provisions of the Development Code. The proposed Development Code Amendment is included as Attachment A (Proposed Development Code Amendment), and is comprised of certain clariﬁcations and revisions generally described as follows:

Revise Division 2.02, Table 2.02-1: Review Matrix for Fair Housing and Reasonable Accommodations. The proposed revision establishes the Planning Director as the approval authority for requests for accommodations under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); however, the Zoning Administrator remains the approval authority for requests for fair housing accommodations.

Revise Division 4.03 – Ministerial (Administrative) Permits and Decisions to revise Section 281

4.03.060: Fair Housing and Reasonable Accommodations to include RLUIPA. Under RLUIPA, deviations or exceptions to the Development Code may be allowed if applying a regulation would substantially burden someone’s religious exercise, such as that of a person, religious assembly, or institution, unless the imposition of the burden is the least restrictive way to furthering a compelling governmental interest.

Amend Division 6.01 – District Standards and Guidelines, Table 6.01-8: Commercial Zoning District Development Standards to include table Note No. 6 identifying that development standards applicable to projects within the CCS (Convention Center Support Commercial) zoning district may be subject to the Minor Adjustments/Alterations process under Section

4.02.020(C) of this Development Code.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended
Ordinance. Any provisions proposed for deletion
are shown in red strikeout text (
Abcdefg
) and all additions are shown in blue underlined text
(
Abcdefg
).

In considering the Development Code Amendment at their meeting on September 23, 2025, the Planning Commission conducted a public hearing and voted 6-0 to recommend the City Council consider and approve File No. PDCA25-002, pursuant to the facts and reasons contained in the staﬀ report and attached Ordinance.

ENVIRONMENTAL REVIEW: The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a signiﬁcant eﬀect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a signiﬁcant eﬀect on the environment, the activity is not subject to CEQA.
282
Case Planner: Thomas Grahn, Principal Planner Hearing Body Date Decision Action Planning Director
Approval:

PC 9/23/2025 Recommended
CC 1st reading 11/4/2025 Introduction
Submittal Date: N/A CC 2nd reading 11/18/2025 Final Action F
ILE NO.: PDCA25-002
SU
BJECT: A public hearing to consider Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code. City Initiated. City Council action is required.

R
ECOMMENDED ACTION: That the Planning Commission consider and adopt the Resolution recommending the City Council approve the Development Code Amendment (File No. PDCA25-002), pursuant to the facts and reasons contained in the staff report and Resolution.

P
ROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built -out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario ’s 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario’s population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.

P
ROJECT ANALYSIS:

T
he proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, as follows:
(
1) Revise Division 2.02, Table 2.02-1: Review Matrix for Fair Housing and Reasonable Accommodations. The proposed revision establishes the Planning Director a s the ap
proval authority for requests for accommodations under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); however, the Zoning Administrator remains the approval authority for requests for fair housing accommodations.
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
September 23, 2025
Approval
283
Planning Commission Agenda Report
File No.: PDCA25-002
September 23, 2025

Page 2 of 4 ends

Ontario City CouncilOctober 21, 2025

Ontario City Council
October 21, 2025