Agenda packet — Ontario City Council, May 5, 2026 (part 1 of 4)

CITY OF ONTARIO
Regular City Council/Housing
Authority/Ontario Public Financing Authority
Meeting
MAY
5, 2026
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/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20260505 HP Month Proclamation.docx

ACCOMMODATIONS

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

ORDER OF BUSINESS

The regular City Council and Housing Authority and Ontario Public Financing 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
Council Member Bowman

INVOCATION
Pastor Sean Thurin, Calvary Chapel Ontario

SPECIAL CEREMONIES

RECOGNITION OF HISTORIC PRESERVATION MONTH IN THE CITY OF ONTARIO That the City Council proclaim the month of May 2026 as Historic Preservation Month.

PUBLIC COMMENTS 6:30 P.M.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20260407 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-015 LOCATED AT 201 EAST RIVERSIDE DRIVE
The Public Comment portion of the Council/Housing Authority/Ontario Public Financing Authority meeting is limited to 30 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

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

AGENDA REVIEW/ANNOUNCEMENTS

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

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, Housing Authority and Ontario Public Financing Authority of April 7, 2026, and approving same as on file in the Records Management Department.

Bills April 3, 2026 through April 16, 2026, and Payroll March 22, 2026 through April 4, 2026.

That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-015, located at 201 East Riverside Drive.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

Exhibit A_PDEV22-015.pdf

ATTACHMENT:

Improvement Agreement_PDEV22-015.pdf

ATTACHMENT:

File No. PDEV22_015_RESO_RM.

4. FY 2025-26 THIRD QUARTER BUDGET UPDATE

ATTACHMENT:

1. FY 2025-26 Third Quarter Budget Update Report_EXHIBIT A.pdf

5. FIRST AMENDMENT TO A LEASE AGREEMENT BETWEEN SANTA CLAUS OF THE CHAFFEY DISTRICT, INC. AND THE CITY OF ONTARIO

ATTACHMENT:

Ontario - Santa Claus_ Lease First Amendment.docx

6. AN AMENDMENT TO THE SOFTWARE AS A SERVICE AGREEMENT WITH GRANICUS, LLC.,

FOR THE PEAK AGENDA MANAGEMENT, RENTAL ACTIVITY MONITORING, CLOUD

COMMUNICATIONS, AND THE FREEDOM OF INFORMATION ACT MODULES

ATTACHMENT:

Amendment_2_Software PSA.doc.pdf

7. A RESOLUTION AUTHORIZING MEMBERSHIP IN THE SAN BERNARDINO REGIONAL

HOUSING TRUST
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.

PDEV22-015 LOCATED AT 201 EAST RIVERSIDE DRIVE.

That the City Council a
pprove the budget adjustments and recommendations as presented in the Fiscal Year 2025-26 Third Quarter Budget Update Report (Exhibit A).

That the City Council approve the First Amendment to the Lease Agreement between the Santa Claus of the Chaﬀey District, Inc., ("SCI"), as Lessee, and the City of Ontario, as Lessor, for use of certain City-owned property located at 1330 East "D" Street.

That the City Council authorize the City Manager or his designee to execute an Amendment No. 2 to the Software as a Service Agreement with Granicus, LLC., of St. Paul, Minnesota, for the use of the Peak Agenda Management, Rental Activity Monitoring, Cloud Communications, and the Freedom of Information Act (FOIA) modules in the amount not-to-exceed $485,367 and an additional one-year term.

That the City Council take the following actions:

A
.

Approve the admission of the City of Ontario to the San Bernardino Regional Housing Trust;
B
.

Adopt a Resolution to join the Joint Powers Authority Agreement; and C
.

Appoint the Mayor or his designee to serve on the Board of Directors for the San Bernardino Regional Housing Trust.

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

AUTHORIZING, AND DIRECTING CITY EXECUTION OF THE JOINT EXERCISE OF POWERS

AGREEMENT RELATING TO MEMBERSHIP IN THE SAN BERNARDINO REGIONAL HOUSING TRUST.

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

ATTACHMENT:

SBRHT - JPA_Adoption - BBK Reviewed RESO^RM

ATTACHMENT:

Exhibit A SBTHT JPA Agreement 3.11.2026.docx

8. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM

BUSINESS PRODUCTS FOR THE ONTARIO SPORTS EMPIRE

ATTACHMENT:

Margaret C. Pett, Inc. dba Info-Com Business Products-ONT Sports Empire.pdf

9. AWARD OF FOUR CONSTRUCTION CONTRACTS (STEEL, CONCRETE, SITE UTILITIES,

ELECTRICAL) AND APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH RMA GROUP FOR THE FLIGHT TOWER RESTAURANT PROJECT That the City Council take the following actions:

A
.

Authorize a cooperative purchase agreement for D&C23-022 Ontario Sports Empire 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 $15,741,575 plus a 10% contingency of $1,574,158, for a total not-to-exceed contract amount of $17,315,733, consistent with the terms and conditions of the OMNIA Contract Number R240101; and
B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but are 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 four Construction Contracts to provide various construction services for Bid No. 1985 - D&C25-004 – Flight Tower Restaurant (Steel, Concrete, Site Utilities, Electrical) located at ONT Field, in the amount of $6,029,470 and authorize a combined contingency of $1,000,000 for a total not-to- exceed contract amount of $7,029,470,
1 .
02 – Structural Steel – KCB Towers, Inc.: $2,687,675
2 .
03 – Concrete – Pacific Southwest Structures, Inc.: $2,517,095 3 .
04 – Site Utilities – Continental Plumbing, Inc.: $425,000 4 .
05 - Electrical – Rancho Pacific Electric Construction, Inc.: $399,700; and B
.

Reject the bid protest from RCCI DBA Ramirez Company for D&C25-004 – Flight Tower Restaurant (Steel, Concrete, Site Utilities, Electrical) as it is without merit; and C
.

Authorize the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Flight Tower Restaurant; and
D
.

Authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California to provide on-call geotechnical consulting, materials testing and special inspection for the Flight Tower Restaurant at ONT Field in the amount of $107,118 for a total not-to-exceed CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

KCB Towers, Inc. - FTR Structural Steel.pdf

ATTACHMENT:

Pacific Southwest Structures, Inc. - FTR Concrete.pdf

ATTACHMENT:

Continental Plumbing, Inc., FTR Site Utilities.pdf

ATTACHMENT:

Rancho Pacific Electric Construction, Inc. - FTR Electrical.pdf

ATTACHMENT:

Certerra RMA Group dba RMA Group, Amdt No. 5.pdf

10. A DESIGN SERVICES AGREEMENT WITH TETRA TECH INC. FOR 13TH STREET 1348 PRESSURE

ZONE RESERVOIRS STRUCTURAL RETROFIT PROJECT

ATTACHMENT:

13th St Reservoir Exhibit A.pdf

ATTACHMENT:

20260505 DSA with Tetra Tech Inc.^02 AGMT.pdf

11. A PROFESSIONAL SERVICES AGREEMENT WITH NV5 GEOSPATIAL, INC., FOR GEOGRAPHIC

INFORMATION SYSTEM (GIS) UTILITY NETWORK MIGRATION, TRIMBLE UNITY MAINTAIN

IMPLEMENTATION, AND ONGOING GIS SUPPORT SERVICES

ATTACHMENT:

USE_NV5 Geospatial_ Inc. - PSA (BBK 11.26.25)(44414607.2)FINAL.pdf

ATTACHMENT:

Exhibit A_Breakdown cost for Agenda.pdf

12. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET

ARCHITECTS FOR THE DOWNTOWN MOBILITY HUB PROJECT
contract amount of $5,643,363; and
E
.

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 authorize the City Manager, or designee, to execute a Design Services Agreement with Tetra Tech, Inc., of Irvine, California to provide Professional Design Services for the 13th Street 1348 Pressure Zone Reservoirs Structural Retroﬁt Project for an amount of $345,000, plus a 15% contingency of $51,750, for a total not-to-exceed amount of $396,750, and a term of May 5, 2026 to May 4, 2029.

That the City Council authorize the City Manager, or his designee, to execute a Professional Services Agreement with NV5 Geospatial, Inc., of Sheboygan Falls, Wisconsin, for the following services:

A
.

Implementation services to upgrade and migrate the City’s Cityworks work order and asset management system to the Trimble Unity Maintain Implementation, a cloud-based Software-as-a-Service (SaaS) platform, in an amount not to exceed $196,750; and B
.

Conﬁguration and migration of potable water, recycled water, and sewer GIS data to the Utility Network framework, in an amount not to exceed $502,500; and C
.

Ongoing management services and premier support services for the City’s enterprise GIS environment, in an amount not to exceed $772,600 and a total contract amount not to exceed $1,619,035, which includes a 10 percent contingency of $147,185 for a ﬁve-year term.

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

ATTACHMENT:

Thirtieth Street Architects, Inc. - Amendment No. 9.pdf

13. A CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN-

BUILD CONSTRUCTION SERVICES FOR THE D-BLOCK PARKING STRUCTURE

ATTACHMENT:

2. McCarthy Contract - D-Block Parking Structure.pdf

14. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),

HOME INVESTMENT PARTNERSHIPS , AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS FOR FISCAL YEAR 2026-27

ATTACHMENT:

Fiscal Year 2026-27 Estimated Funding Allocation Summary.pdf That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 9 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for additional architectural services for the Downtown Mobility Hub Project in the amount of $50,000 for a total not-to-exceed contract amount of $1,334,900; and B
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, to provide design-build construction services for the D-Block Parking Structure in the amount of $24,711,514 and authorize a contingency of $2,471,151 for a total not-to-exceed contract amount of $27,182,665; and
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including 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 take the following actions:

A
.

Approve the One-Year Action Plan for Fiscal Year 2026-27 for the Community Development Block Grant (CDBG), HOME Investment Partnerships, and Emergency Solutions Grant (ESG) Programs (on file in the Records Management Department); B
.

Direct Staﬀ to prepare and transmit the ﬁnal documents to the U.S. Department of Housing and Urban Development (HUD); and
C
.

Authorize the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan for Fiscal Year 2026-27 and Subrecipient Agreements.

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

ATTACHMENT:

FY26-27 One-Year Action Plan.pdf

15. RESOLUTIONS AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS, SERIES 2026C (FEDERALLY TAXABLE) AND 2026D (TAX-EXEMPT) AND RELATED MATTERS

PUBLIC HEARINGS

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

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

A
.

The City Council consider and adopt a Resolution authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement, and Continuing Disclosure Certiﬁcate in connection with the issuance and sale of the Lease Revenue Bonds by the Ontario Public Financing Authority in an aggregate principal amount of not to exceed $330 million and authorizing the distribution of an Oﬃcial Statement in connection with the oﬀering and sale of the Bonds and authorizing the execution and delivery of necessary documents in connection therewith.

B
.

The Ontario Public Financing Authority consider and adopt a Resolution authorizing the execution and delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement, and Assignment Agreement in connection with the issuance and sale of its Lease Revenue Bonds in an aggregate principal amount of not to exceed $330 million and authorizing the distribution of an Oﬃcial Statement in connection with the oﬀering and sale of the Bonds and authorizing the execution and delivery of necessary documents in connection therewith.

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

THE EXECUTION AND DELIVERY OF A GROUND LEASE, LEASE AGREEMENT, INDENTURE, BOND

PURCHASE CONTRACT AND CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH

THE ISSUANCE OF ONTARIO PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS,

APPROVING THE ISSUANCE OF SUCH BONDS IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $330,000,000, AUTHORIZING THE DISTRIBUTION OF

AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS

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

A RESOLUTION OF THE ONTARIO PUBLIC FINANCING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A GROUND

LEASE, LEASE AGREEMENT, INDENTURE, BOND PURCHASE CONTRACT AND ASSIGNMENT

AGREEMENT IN CONNECTION WITH THE ISSUANCE OF ONTARIO PUBLIC FINANCING

AUTHORITY LEASE REVENUE BONDS, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN ONE CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

2026CD Lease Revenue Bonds Approval to Issue Bonds
01_CITY_RESO_RM

ATTACHMENT:

2026 CD Lease Revenue Bonds Approval to Issue Bonds 02 OPFA RESO_RM

ATTACHMENT:

2026CD Lease Revenue Bonds^03 Ground Lease.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds^04 Lease Agreement.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds^05 Indenture.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds^06 Bond Purchase Agreement.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds^07 Assignment Agreement.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds^08 Form of Continuing Disclosure Certificate.pdf

ATTACHMENT:

2026CD Lease Revenue Bonds_09 Preliminary Official Statement.pdf OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $330,000,000,

AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE

OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 Department: Planning
Prepared By: Diane Ayala
Department:

Prepared By: Diane Ayala
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: David Eoff IV, Henry Noh
Approved By:

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

SUBJECT:

RECOGNITION OF HISTORIC PRESERVATION MONTH IN THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council proclaim the month of May 2026 as Historic Preservation Month.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

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

BACKGROUND & ANALYSIS:

Since 1971, the National Trust for Historic Preservation has conducted nationwide campaigns to celebrate historical places and showcase preservation activities. In 2005, the National Trust began designating the month of May as Historic Preservation Month. The goals of Historic Preservation Month are to promote historical places for the purpose of instilling national and community pride, promoting heritage tourism, and showcasing the social and economic beneﬁts of historic preservation. This year, the City is celebrating Historic Preservation Month by continuing the “Model Colony” Awards program and presentation. The awards ceremony will be held at a City Council meeting in June.

This year’s theme for Historic Preservation Month and the Model Colony Awards is "Past Meets Possible: Reimagining Place and Purpose." This serves as a guiding framework for viewing our community's historic resources not as static relics of a bygone era, but as vital, dynamic assets that are uniquely capable of addressing contemporary urban needs and economic demands.

Historic
preservation functions as a highly eﬀective mechanism for managing growth and revitalizing local neighborhoods. By protecting our existing structures, we maintain the unique "sense of place" and character that deﬁnes our community’s identity and fosters deep-seated local pride. A central component of this identity is the continued stewardship of historic houses. Private homeowners act as the frontline guardians of our shared history, maintaining what are essentially living museums. 10 This individual commitment to preservation ensures that the architectural narratives lining our streets remain intact for future generations while providing stable, character-rich housing for modern families.

Adaptive reuse of historic buildings is a primary strategy for sustainable urban development by repurposing existing structures to meet modern needs, which eﬀectively bridges the gap between historical preservation and future growth. This process breathes new life into underutilized buildings, transforming them into vibrant residential units, workspaces, or cultural hubs that revitalize neighborhoods without the need for destructive demolition. Beyond environmental beneﬁts, it fosters a sense of community identity by preserving architectural heritage while oﬀering practical solutions to modern challenges like housing shortages and urban sprawl.

Furthermore, the integration of historic assets into broader urban revitalization eﬀorts serves as a powerful engine for economic development. Successful preservation programs stimulate local economies by increasing property values and attracting heritage tourism. These eﬀorts create a self-sustaining cycle where the protection of a community's aesthetic and historical integrity draws investment and visitors alike. By prioritizing ﬂexible and creative design solutions, we ensure that the craftsmanship of previous generations remains relevant. This strategic alignment of preservation with modern economic realities allows our architectural legacy to continue serving as a source of inspiration and utility for the generations of tomorrow. 11 PROCLAMATION
WHEREAS, "Past Meets Possible: Reimagining Place and Purpose ," is the theme for Historic Preservation Month 2026, sponsored by the City of Ontario; and WHEREAS, the City ’s character and history are reflected in its cultural, historical, and architectural heritage with an emphasis on the “Model Colony ” as declared by an Act of the Congress of the United States in 1903 and presented at the St. Louis World’s Fair in 1904; and WHEREAS, the City’s historical foundation should be preserved and promoted in order to foster an understanding of the City’s past, and provide future generations the opportunity to appreciate, enjoy, and understand Ontario’s rich heritage; and
WHEREAS, historic preservation is an effective tool for managing smart growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and
WHEREAS, historic preservation is relevant for communiti es across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and
WHEREAS, historic preservation provides an opportunity for the citizens of Ontario to be involved in the community and participate in the revitalization of the City; and WHEREAS, HISTORIC PRESERV ATION MONTH provides an opportunity to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, May 202 6, has been proclaimed HISTORIC PRESERV ATION MONTH in the United States; and
NOW, THEREFORE, the City of Ontario, its City Council and staff members do declare the month of May 2026 as

HISTORIC PRESERV ATION MONTH
Given this 5th day of May, 2026, by the Ontario City Council Paul S. Leon, Mayor
Alan D. Wapner, Mayor Pro Tem
Jim W. Bowman
Debra Porada
Daisy Macias
Council Members
12 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY/

ONTARIO PUBLIC FINANCE AUTHORITY

MINUTES
APRIL 7, 2026
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council, Housing Authority, and Public Finance Authority were held on Tuesday , April 7 , 2026, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:02 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

Although there was no legal conflict, Mayor pro Tem Wapner recused himself from the Closed Session conference with real property negotiators concerning the Ontario International Airport Authority out of an abundance of caution.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 6:05 p.m.

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Anthony Robert Phoenix v. Toyota Arena, LLC et al CACD Case No. 8:23-cv-02403

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN’s: 1049 -161-01, 1049-161-24, 1049-161-25, 1049-171-05, 1049-171-06, 1049-171-07; West Side of South Grove Avenue, South of East State Street, East of Cucamonga Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ontario International Airport Authority; Under negotiation: Price and terms of payment.
13 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 2 of 10 ends

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:38 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Macias.

INVOCATION

Invocation was led by Pastor Narcissis Tucker-Bishop from Westminster Presbyterian Church.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

PUBLIC COMMENT

Assistant City Clerk Isbell announced written communications:

Lory Masonis submitted questions regarding Agenda Item Nos. 8, 9, 12, and 13.

Mayor Leon called upon the speakers:

Tina Silva, gave a land acknowledgement and spoke regarding Immigration and Customs Enforcement concerns.

Priscilla, spoke regarding Immigration and Customs Enforcement concerns.

Chris Robles, spoke regarding Jay Littleton Ballpark.

Melinda Boss, spoke regarding Jay Littleton Ballpark.

Kizzee, spoke regarding the Grove Plaza and Jay Littleton Ballpark.

Gary Littleton, requested the restoration of Jay Littleton Ballpark.

Karen Ha ughey, announced upcoming events on behalf of San Bernardino County Supervisor Curt Hagman’s office.

Marty McBride, spoke regarding Jay Littleton Ballpark.

Randy Bekendam, spoke regarding healthy eating and active living.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa requested to pull Agenda Item No. 12.

CONSENT CALENDAR

Public Comment:

Mayor Leon called upon the speakers:

Chris Robles, spoke in opposition to Item No. 13.

Randy Bekendam, spoke in opposition to Item No. 13.

14 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 3 of 10 ends

MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 5-0, to approve the Consent Calendar, without Item No. 12.

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of March 3, 2026, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills February 27, 2026 through March 19, 2026, in the amount of $69,598,961.15 and Payroll February 8, 2026 through March 7, 2026, in the amount of $13,393,792.52.

3. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH FEHR &

PEERS FOR ON -CALL TRANSPORTATION PLANNING AND TRAFFIC

ENGINEERING DESIGN SERVICES

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 1 to the Design Services Agreement with Fehr & Peers, of Irvine, California, to provide On -Call Transportation Planning and Traﬃc Engineering Design Services for phase two of the Ontario Community Circulator Transit Planning Study Project in the amount of $64,243 plus a 10% contingency of $6,424 for a total not-to-exceed contract amount of $670,635.

4. A CONSTRUCTION CONTRACT WITH PAVEMENT REHAB COMPANY FOR THE 2026 SPRING CDBG MAINTENANCE SLURRY SEAL AND PAVEMENT

MANAGEMENT PROJECT

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Construction Contract with Pavement Rehab Company, of Anaheim, California, for the 2026 Spring CDBG Maintenance Slurry Seal and Pavement Management Project in the amount of $663,000, plus a 10% contingency o f $66,300 for a total not -to- exceed contract amount of $729,300; and
B. 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, easeme nts, reduction of retention accounts, contract amendments within authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

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

PDA21-009) BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC.

The City Council adopted an Ordinance approving a Development Agreement (File No. PDA21-009) between the City of Ontario and West Haven 27, LLC. First reading and introduction took place at the regular meeting of March 17, 2026. 15 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 4 of 10 ends

ORDINANCE NO. 3330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA21 -009, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20696 (FILE NO.

PMTT24-003), LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN PLANNING AREA 1 OF THE WEST HAVEN SPECIFIC PLAN (APN: 0218-151-48).

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

PDA25-005) BETWEEN THE CITY OF ONTARIO, LEGACY LAND PARTNERS,

LLC AND RICHLAND ONTARIO DEVELOPERS, LLC

The City Council adopted an Ordinance approving a Development Agreement (File No. PDA25-005) between the City of Ontario and Legacy Land Partners, LLC. First reading and introduction took place at the regular meeting of March 17, 2026.

ORDINANCE NO. 3331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25 -005, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

ONTARIO, LEGACY LAND PARTNERS LLC, AND RICHLAND ONTARIO

DEVELOPERS LLC TO ESTABLISH THE TERMS AND CONDITIONS
ASSOCIATED WITH TENTATIVE PARCEL MAP NO. 20792 (FILE NO. PMTT24 - 001), LOCATED ON THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD AND MILL CREEK AVENUE WITHIN PLANNING AREA 5B OF THE RICH HAVEN SPECIFIC PLAN (APN: 0218-211-43).

7. ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT

ONTARIO RANCH FACILITIES) 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 written petitions (on file with the Records Management Department) from SL Ontario Development Company, LLC (SLODC), Richmond American Homes of Maryland, Inc. and TRI-Pointe Homes Holdings, Inc. ("Landowners"), 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. 77 (The Resort at Ontario Ranch Facilities), 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, May 19, 2026; and
16 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 5 of 10 ends

C. Adopted a Resolution Declaring it Necessary for the City of Ontario Faci lities District No. 77 (The Resort at Ontario Ranch Facilities) to Incur Bonded Indebtedness.

RESOLUTION NO. 2026-018 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. 77 (THE RESORT AT

ONTARIO RANCH FACILITIES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.

RESOLUTION NO. 2026-019 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DECL ARING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT ONTARIO RANCH FACILITIES) TO INCUR BONDED INDEBTEDNESS.

8. A RESOLUTION AUTHORIZING SUBMITTAL OF CLAIMS TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR THE 2025 TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3 BICYCLE AND

PEDESTRIAN FACILITIES PROGRAM AND TRANSIT STOP ACCESS

PROGRAM

The City Council took the following actions:

A. Adopted a Resolution approving the submittal of claims to the San Bernardino County Transportation Authority (SBCTA) for the 2025 Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program Funds in the amount of $746,738 for the Down town Euclid Avenue Corridor Project, and the Transit Stop Access Program Funds in the amount of $82,335 for the Bus Stop Improvements Project; and
B. Authorized 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.

RESOLUTION NO. 2026-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, AUTHORIZING SUBMITTAL OF CLAIMS TO THE SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE

DOWNTOWN EUCLID AVENUE CORRIDOR PROJECT AND BUS STOP
IMPROVEMENT PROJECT.

9. A RESOLUTION APPROVING THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY MEASURE I 3.0 PLAN

17 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 6 of 10 ends

The City Council adopt ed a Resolution approving the San Bernardino County Transportation Authority Measure I 3.0 Expenditure Plan.

RESOLUTION NO. 2026-021 A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE EXPENDITURE PLAN FOR

THE EXPENDITURE OF REVENUES IN SAN BERNARDINO COUNTY

EXPECTED TO BE DERIVED FROM THE PROPOSED CONTINUATION OF MEASURE I.

10. A CONSTRUCTION CONTRACT WITH PACIFIC HYDROTECH, CO., FOR THE

DESIGN-BUILD ON -SITE SODIUM HYPOCHLORITE GENERATION (OSG) -

PHASE I IMPROVEMENT PROJECT AND AN AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING
ENGINEERS, INC., FOR ON-CALL PROJECT MANAGEMENT SERVICES

The City Council took the following actions:

A. Approved the plans and specifications and award ed a Construction Contract with Pacific Hydrotech, Co., of Perris, California, for the Design -Build On-site Sodium Hypochlorite Generation (OSG) - Phase I Improvement Project in the amount of $7,746,900 plus a 15% contingency of $1,162,035, for a total not-to- exceed amount of $8,908,935 and a term of 28 months after issuance of notice to proceed, and authorize d the City Manager, or designee, to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easemen ts, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities to the project.

B. Authorized the City Manager, or designee, to execute Amendment No. 2 to the Professional Services Agreement for On -Call Project Management Services with AKM Consulting Engineers, Inc., of Irvine, California, for construction management, and inspection services for the Design -Build On -site Sodium Hypochlorite Generation (OSG) - Phase I Improvement Project, in the amount of $1,116,752 and extend the term of the Agreement from June 4, 2024 to June 4, 2029.

11. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR THE WESTERN TRUNK SEWER PROJECT

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 4 to the Design Services Agreement with Ardurra Group, Inc., (Ardurra) of Newport Beach, California, to provide on -call design services for the Western Trunk Sewer Project in the amount of $2,066,021 for a new total revised not-to-exceed amount of $5,112,075 and a term from June 4, 2024 to June 4, 2029.

18 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 7 of 10 ends

12. A RESOLUTION AUTHORIZING MEMBERSHIP IN THE SAN BERNARDINO

REGIONAL HOUSING TRUST

This item was pulled.

13. APPROVAL OF THE CENTERPARK SPECIFIC PLAN (FILE NO. PSP24-002)

The City Council adopted an Ordinance approving the CenterPark Specific Plan (File No. PSP24-002), appended to the attached Ordinance as "Attachment A", pursuant to the facts and reasons contained in the staﬀ report and subject to the conditions of approval appended to the attached Ordinance as "Attachment B". Introduction and first reading took place at the regular meeting of March 17, 2026.

ORDINANCE NO. 3332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, APPROVING, PURSUANT TO THE CERTIFIED FOCUSED ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2025060731) FOR THE CENTERPARK SPECIFIC PLAN, THE CENTERPARK SPECIFIC PLAN (FILE NO. PSP24 -002), TO ESTABLISH THE LAND USE

DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND

INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 4,293 RESIDENTIAL DWELLING UNITS, 115,809 SQUARE FEET OF RETAIL USES, 135,110 SQUARE FEET OF OFFICE USES, AND 68 ACRES OF

OPEN SPACE (PARKLAND/NON-RECREATIONAL USES) ON APPROXIMATELY 258 ACRES OF LAND AND MAKING FINDINGS IN SUPPORT THEREOF – APNS:
1053-301-01, -02, 1053-311-01, -02, 1053-321-01, -02, -03, 1053-331-01, -02, -03, -04, 1053-341-01, -02; 1053-351-01, -02, 1053-361-01, - 02, -03, 1053-371-01, -02, 0216-311-01, -02, -09, 0216-321-03, -08, 0216-322-03, -04, -10.

14. A REIMBURSEMENT AGREEMENT FOR CERTAIN IMPROVEMENTS

BETWEEN THE CITY OF ONTARIO AND ADEPT DEVELOPMENT LLC

The City Council adopted a Resolution authorizing the City Manager or Designee to Negotiate a Reimbursement Agreement ("Agreement") between the City of Ontario ("City") and Adept Development, Inc. ( "Developer"), and authorize d the City Manager to execute the Agreement and all other documents required for implementation of the Agreement.

RESOLUTION NO. 2026-023 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A REIMBURSEMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER,

LLC, FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS.

19 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 8 of 10 ends

PUBLIC HEARINGS

15. A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO WATER

SERVICE FEES

The City Council introduced and waived further reading of an Ordinance amending Chapter 8B of Title 6 of the Ontario Municipal Code related to water service fees.

ORDINANCE NO. 33 33 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 6 -

8.51 OF CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE

PERTAINING TO WATER SERVICE FEES AND FINDING THAT SUCH ACTION

DOES NOT QUALIFY AS A PROJECT SUBJECT TO THE CALI FORNIA

ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15378 AND IS OTHERWISE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3).

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

Mayor Leon opened the public hearing and called on the speaker, Chris Robles, who spoke in opposition. Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada and carried by a unanimous vote of 5-0, to introduce Ordinance No. 3333.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

16. REFINANCING PLAN FOR PROPERTY OWNED BY THE CITY OF ONTARIO LOCATED AT 9155 -9381 EAST RIVERSIDE DRIVE AND APPROVAL OF

RELATED LEASE FINANCING OBLIGATION

The City Council authorize d the City Manager, or his designee, to execute all documents required for the completion of the lease -leaseback financing within the authorization limits and adopt a Resolution approving:

A. The refinancing of real property owned by the City of Ontario (“City”) located at 9155-9381 East Riverside Drive through the delivery of a lease financing obligation; and
B. The Lease Agreement (“Lease Agreement”) between the City and the Ontario Public Finance Authority (“Authority”); and
C. The Site Lease (“Site Lease”) between the City and the Authority; and D. All necessary action and documents required to be delivered pursuant to the Lease Agreement and/or Site Lease, including without limitation the Assignment Agreement (“Assignment Agreement”).

20 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 9 of 10 ends

The Authority authorize d the Executive Director or Chief Financial Oﬃcer, or their designee, to execute all documents required for the completion of the lease financing within the authorization limits and adopt a Resolution approving:

A. The refinancing of real property owned by the City located at 9155 -9381 East Riverside Drive through the delivery of a lease financing obligation; and B. The Lease Agreement between the City and the Authority; and C. The Site Lease between the City and the Authority; and D. The Assignment Agreement among the Authority, the City, and the Purchasing Funds.

RESOLUTION NO. 2026 -024 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY

OF A SITE LEASE, A LEASE AGREEMENT, AND OTHER RELATED DOCUMENTS

IN CONNECTION WITH ENTERING INTO A LEASE OBLIGATION THROUGH A

LEASE FINANCING ARRANGEMENT WITH THE ONTARIO PUBLIC FINANCING AUTHORITY AND CERTAIN OTHER ACTIONS RELATING THERETO.

RESOLUTION NO. OPFA-016 A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE ONTARIO PUBLIC FINANCING AUTHORITY , OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY OF A SITE LEASE, A

LEASE AGREEMENT, AND OTHER RELATED DOCUMENTS IN CONNECTION

WITH THE REFINANCING OF EXISTING OBLIGATIONS OF THE CITY AND

CERTAIN FUNDS OF THE CITY PROVI DING INTERIM FINANCING, AND CERTAIN OTHER ACTIONS RELATING THERETO.

There were no written communications to the item . Mayor Leon inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon opened the item for Council discussion.

MOTION: Motion made by Council Member Bowman, seconded b y Council Member Porada, and carried by a unanimous vote of 5-0, to adopt Resolution Nos. 2026-024 and OPFA-016.

STAFF MATTERS

City Manager Ochoa had no updates.

COUNCIL MATTERS

Council Member Porada had no comments.

Mayor pro Tem Wapner had no comments.

Council Member Macias had no comments.

Council Member Bowman commented on opening day for Tower Buzzers baseball at ONT Field and recognized the Fire Department for their response to a recent industrial fire. 21 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – April 7, 2026

Page 10 of 10 ends

Mayor Leon commented on opening day for Tower Buzzers baseball at ONT Field.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:26 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
22 Department: Public Works
Prepared By: Yesenia Lopez
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Khoi Do, Blaine M
Ishii
Approved By:

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

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-015 LOCATED AT 201 EAST RIVERSIDE DRIVE

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-015, located at 201 East Riverside Drive.

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. All public infrastructure improvements required for this project will be constructed by the developer at its sole cost.

BACKGROUND & ANALYSIS:

Development Plan No. PDEV22-015, consisting of a 125,000-square foot storage facility on 2.73 acres of land, as shown on Exhibit A, has been submitted by the developer, Riverside Storage, LLC. This Project was approved by the Planning Commission on April 23, 2024. Improvements will include paving, curb and gutter, pathways, storm drains, sanitary sewers, utilities, drainage facilities, landscaping, and streetlights. The developer has entered into an Improvement Agreement with the City for this Project and has posted adequate security to ensure construction of the required improvements. This Project meets all conditions of the Ontario Municipal Code and has been reviewed and approved by the City Engineer. 23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44

Page 1 of 16 ends

STREET AND POTABLE WATER IMPROVEMENTS FOR 201. E. RIVERSIDE DRIVE Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
Signature of Registered Civil Engineer
RCE No. Exp. Date:Approved By:

Date:
909-560-1802
[email protected]
Civil Engineer Stamp

ENGINEERING DEPARTMENT
Project Cost Estimate
Attached Project Cost Estimate prepared by (or under the direction of) 6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
62183
62183
9-30-25
45

Page 2 of 16 ends

Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
(Excludes Fiber Optic, Landscape, Utility Poles)
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total
F. FIBER OPTIC Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Landscape, Utility Poles)

CONSTRUCTION INSPECTION FEE
(Excludes Landscape, Utility Poles) $164 Base Fee

SECURITY DEPOSIT
Check box if posting Refundable Cash Deposit $500 Min See Page 4 for posting of Security Bonds

PERMIT FEE

TRAFFIC CONTROL PERMIT FEE

ENCROACHMENT PERMIT FEE TOTAL
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Encroachment Permit Fee Calculation
8,775.82$
153,996.78$
116.00$
103.00$
60,890.50$
59,710.61$
-$
-$
-$
33,395.67$
8,556.82$
153,996.78$
6/24/2025
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
46

Page 3 of 16 ends

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Utility Poles)

PLAN CHECK FEE TOTAL
Summary of Estimated Construction Cost in Public Right-Of-Way For Plan Check Fee Calculation
6/24/2025
PDEV22-015
201 E. Riverside Drive

ENGINEERING DEPARTMENT
7,160.85$
59,710.61$
60,890.50$
-$
-$
-$
33,395.67$
-$
153,996.78$
T. Skahill
909-560-1802
[email protected]
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
47

Page 4 of 16 ends

Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
CONTINGENCY FOR UNSIGNED PLANS (10%)
Check box if plans are unsigned

TOTAL SECURITY BOND AMOUNT

SECURITY BOND AMOUNTS
Performance Bond
(100% of Total Estimated Construction Cost)
Labor and Material Bond
(100% of Total Estimated Construction Cost)
Maintenance Bond *
(10% of Performance Bond)
Monumentation Cash Deposit **
No. of Monuments to set:
* To be provided prior to release of Performance Bond
** To be provided if monumentation is not complete by the time of Final Map approval PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Security Bond Amount
(Subdivision Maps Only)
6/24/2025
30,236.33$
1,000.00$
302,363.27$
242,652.66$
59,710.61$
-$
-$
-$
30,236.33$
302,363.27$
302,363.27$
302,363.27$
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
48

Page 5 of 16 ends

Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
B. POTABLE WATER MAIN
C. RECYCLED WATER MAIN
D. SANITARY SEWER MAIN
E. STORM DRAIN MAIN
F. FIBER OPTIC CONDUIT 632

ENGINEERING DEPARTMENT
Total Length (LF)
Summary of Total Length of Utility Mains in Public Right-Of-Way Provided to Fiscal Services Department
6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
49

Page 6 of 16 ends

Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL
ASPHALT CONCRETE (AC) ($0.39/IN/S.F. AC & $0.19/IN/S.F. CAB) AC BASE PAVE (MINIMUM 4") THICKNESS: 6'' S.F. 2.34 $ - $ CRUSHED AGREGGATE BASE THICKNESS: 8'' S.F. 1.52 $ - $ AC PAVEMENT 22 TON 65.00 $ 1,430.00 $
AC BERM L.F. 13.00 $ - $
2" GRIND 897 S.F. 0.40 $ 358.80 $
SAWCUT 794 L.F. 3.50 $ 2,779.00 $

IMPORT FILL
(INCLUDING COMPACTION) C.Y. 25.00 $ - $
PREPARATION OF SUBGRADE 320 S.F. 0.50 $ 160.00 $ AC PAVEMENT REMOVAL 391 S.F. 3.50 $ 1,368.50 $

SLURRY SEAL
(RPM TYPE II) S.F. 0.17 $ - $
TRENCH BACKFILL AND COMPACTION 114 S.F. 3.50 $ 399.00 $

PORTLAND CEMENT CONCRETE (PCC)
CURB & GUTTER 43 L.F. 15.00 $ 645.00 $
CURB ONLY 11 L.F. 12.00 $ 132.00 $
CROSS GUTTER/SPANDREL S.F. 7.00 $ - $
SIDEWALK 3616 S.F. 4.75 $ 17,176.00 $
WHEELCHAIR RAMP EA. 2,200.00 $ - $
TRAFFIC ISLAND S.F. 9.50 $ - $

CONCRETE PAVEMENT
(PCC - REINFORCED, UP TO 10" THICKNESS) S.F. 7.80 $ - $

DRIVE APPROACHES
RESIDENTIAL S.F. 6.50 $ - $
COMMERCIAL 831 S.F. 8.50 $ 7,063.50 $

REMOVAL
REMOVAL OF CONCRETE 4403 S.F. 3.50 $ 15,410.50 $ REMOVAL OF BERM, A.C. OR P.C.C. 105 L.F. 6.50 $ 682.50 $

ADJUSTMENT TO GRADE
MANHOLE EA. 600.00 $ - $
WATER VALVE 2 EA. 325.00 $ 650.00 $
CLEANOUT EA. 265.00 $ - $

DRAINAGE
PARKWAY DRAIN 2 EA. 1,800.00 $ 3,600.00 $

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]

CONSTRUCTION ITEM DESCRIPTION
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
SIGNS
REFLECTOR SIGN AND POST EA. 175.00 $ - $
STREET NAME SIGN EA. 475.00 $ - $
TRAFFIC SIGN AND POST EA. 300.00 $ - $

LIGHTING

STREET LIGHT
- 70, 100 WATT (INCLUDING CONDUIT & PULL BOXES) EA. 6,200.00 $ - $ - 150, 250 WATT (INCLUDING CONDUIT & PULL BOXES) EA. 6,500.00 $ - $ STREET LIGHT SERVICE PEDESTAL EA. 4,100.00 $ - $ STREET LIGHT SERVICE DUAL PEDESTAL EA. 5,900.00 $ - $

STRIPING
SIGNING & STRIPING LOCAL STREET L.F. 4.50 $ - $ SIGNING & STRIPING COLLECTOR STREET L.F. 8.75 $ - $ SIGNING & STRIPING ARTERIAL STREET L.F. 12.75 $ - $ PAINTED LEGEND EA. 80.00 $ - $ THERMOPLASTIC LEGEND EA. 165.00 $ - $
TRAFFIC SIGNALS - $
NEW TRAFFIC SIGNAL EA. 355,600.00 $ - $

MODIFY EXISTING SIGNAL
(STREET WIDENING, PER CORNER) EA. 88,900.00 $ - $ REMOVE EXISTING SIGNAL EA. 25,000.00 $ - $
REPLACE/RESTORE T.S. DETECTION LOOP EA. 425.00 $ - $ TRAFFIC SIGNAL INTERCONNECT CONDUIT L.F. 17.00 $ - $ TRAFFIC SIGNAL INTERCONNECT CONDUIT & CABLE L.F. 20.00 $ - $ ADD LEFT TURN PHASING L.S. 30,000.00 $ - $
ADD LEFT TURN PHASING L.S. 30,000.00 $ - $
LANDSCAPE - $
PARKWAY TREE WITH IRRIGATION EA. 525.00 $ - $ PARKWAY LANDSCAPING S.F. 6.00 $ - $
(INCLUDING IRRIGATION FACILITIES) - $
NEIGHBORHOOD EDGE AND/OR MEDIAN LANDSCAPING S.F. 6.00 $ - $ (INCLUDING IRRIGATION FACILITIES) - $
NEIGHBORHOOD EDGE AND/OR MEDIAN TREE EA. 525.00 $ - $ (INCLUDING IRRIGATION FACILITIES) - $
UTILITY POLES - $
RELOCATION OF POLE EA. 18,000.00 $ - $
UNDERGROUNDING OF POWER LINES 361 L.F. 350.00 $ 126,350.00 $ UNDERGROUNDING OF COMMUNICATION LINES L.F. 90.00 $ - $ - $
FIBER OPTIC - $
CONDUIT PLACEMENT TRENCH/BORE (INCLUDES HANDHOLES) 632 L.F. 45.00 $ 28,440.00 $ (ARTERIAL/COLLECTOR STREETS - MAIN BACKBONE) - $
IN-TRACT LOCAL STREETS - $
FIBER CONDUIT PLACEMENT L.F. 5.70 $ - $ S:\Engineering\Forms\Land Forms\...
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
FIBER TRENCH L.F. 6.50 $ - $
HANDHOLE - FLOWER POT (FP) EA. 125.00 $ - $ HANDHOLE - HH-3 EA. 250.00 $ - $
HANDHOLE - HH-4 EA. 375.00 $ - $
- $
DRY UTILITY TRENCHING - $
BORE - AC PAVEMENT L.F. 20.00 $ - $
BORE - PARKWAY L.F. 10.00 $ - $
MICRO TRENCHING L.F. 8.15 $ - $
DRY UTILITY TRENCH - AC PAVEMENT L.F. 56.00 $ - $ DRY UTILITY TRENCH - PARKWAY L.F. 8.00 $ - $ OTHER
- $
- $
- $
- $
206,644.80$
10% CONTINGENCY 20,664.48 $
TRAFFIC CONTROL 1 L.S. 6,251.01 $ 6,251.01 $
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. 9,092.37 $ 9,092.37 $ 242,652.66$ STREET IMPROVEMENTS TOTAL

STREET IMPROVEMENTS SUB-TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER / FIRE MAIN
6" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 30.00 $ - $ 8" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 40.00 $ - $ 10" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. 45.00 $ - $ 8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 90.00 $ - $ 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 95.00 $ - $ 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 105.00 $ - $ 16" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 115.00 $ - $

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX 1 EA. 1,000.00 $ 1,000.00 $ 2" WATER SERVICE WITH METER BOX 1 EA. 2,200.00 $ 2,200.00 $ 6" WATER SERVICE 2 EA. 6,000.00 $ 12,000.00 $

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. 5,400.00 $ - $

AIR RELEASE / BLOW-OFF
(EXCLUDES AC REMOVAL AND REPLACEMENT)
AIR RELEASE VALVE (INC. CONNECTION) EA. 4,600.00 $ - $ BLOW-OFF VALVE (INC. CONNECTION) EA. 4,500.00 $ - $ BACKFLOW ($1000/IN)
RP 2" AND SMALLER 2 EA. 3,000.00 $ 6,000.00 $
DDC ABOVE GROUND (UP TO 6" DIAMETER) 2 EA. 7,000.00 $ 14,000.00 $

GATE VALVE
6" EA. 550.00 $ - $
8" EA. 850.00 $ - $
10" EA. 1,250.00 $ - $
12" EA. 1,375.00 $ - $
16" EA. 3,425.00 $ - $

HOT TAP
HOT TAP WITH VALVE 3 EA. 1,750.00 $ 5,250.00 $ CONNECTION TO EXISTING 6" MAIN EA. 3,500.00 $ - $ CONNECTION TO EXISTING 8" MAIN EA. 3,750.00 $ - $ CONNECTION TO EXISTING 12" MAIN EA. 4,100.00 $ - $ INSTALL TEE 1 EA. 300.00 $ 300.00 $
Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements

CONSTRUCTION ITEM DESCRIPTION
6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]
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Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements
REMOVE EXISTING BLIND FLANGE EA. 475.00 $ - $ CONCRETE THRUST BLOCK EA. 585.00 $ - $
OTHER
7 EA 1,000.00 $ 7,000.00 $
7 EA 100.00 $ 700.00 $
8 EA 300.00 $ 2,400.00 $
- $
50,850.00 $
10% CONTINGENCY 5,085.00 $
TRAFFIC CONTROL 1 L.S. 1,538.21 $ 1,538.21 $
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. 2,237.40 $ 2,237.40 $ 59,710.61 $

POTABLE WATER IMPROVEMENTS SUB-TOTAL

POTABLE WATER IMPROVEMENTS TOTAL

ABANDON AND REMOVE EX WATER SERVICE

INSTALL BLIND FLANGE

INSTALL PROTECTOR POST
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX EA. 1,000.00 $ - $ 2" WATER SERVICE WITH METER BOX EA. 2,200.00 $ - $

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. 5,400.00 $ - $

DDC ABOVE GROUND
(UP TO 6" DIAMETER) EA. 7,000.00 $ - $

GATE VALVE
6" EA. 550.00 $ - $
8" EA. 850.00 $ - $
10" EA. 1,250.00 $ - $
12" EA. 1,375.00 $ - $
16" EA. 3,425.00 $ - $

HOT TAP
HOT TAP WITH VALVE EA. 1,750.00 $ - $
CONNECTION TO EXISTING 8" MAIN EA. 3,750.00 $ - $ CONNECTION TO EXISTING 12" MAIN EA. 4,100.00 $ - $ INSTALL TEE EA. 300.00 $ - $
REMOVE EXISTING BLIND FLANGE L.S. 475.00 $ - $

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements
CONCRETE THRUST BLOCK EA. 585.00 $ - $
OTHER
- $
- $
- $
- $
-$
10% CONTINGENCY - $
TRAFFIC CONTROL 1 L.S. - $ - $
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. - $ - $ -$

RECYCLED WATER IMPROVEMENTS SUB-TOTAL

RECYCLED WATER IMPROVEMENTS TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

SEWER MAIN (VCP ONLY)
8" & SMALLER IN EASEMENT AREA ONLY L.F. 40.00 $ - $ (NOT IN PAVED STREET)
10" IN EASEMENT AREA ONLY L.F. 60.00 $ - $ (NOT IN PAVED STREET)
12" & LARGER IN EASEMENT AREA ONLY L.F. 63.00 $ - $ (NOT IN PAVED STREET)
8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 70.00 $ - $ 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 75.00 $ - $ 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 80.00 $ - $ 15" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 90.00 $ - $ 18" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 95.00 $ - $ 21" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 105.00 $ - $ 24" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 115.00 $ - $

MANHOLE
MANHOLE EA. 4,050.00 $ - $
DROP MANHOLE EA. 4,100.00 $ - $
VAULT EA. 3,500.00 $ - $
MONITORING FACILITY / NON TRAFFIC AREA EA. 1,750.00 $ - $ MONITORING MANHOLE EA. 4,100.00 $ - $
CLEANOUT EA. 1,750.00 $ - $
REMOVE/ABANDON EXISTING MANHOLE EA. 1,200.00 $ - $

REMOVE EXISTING SEWER
UP TO 12" DIAMETER L.F. 55.00 $ - $
GREATER THAN 12" DIAMETER L.F. 70.00 $ - $

LATERAL
4" HOUSE CONNECTION TO SEWER MAIN IN STREET L.S. 2,925.00 $ - $ 6" & SMALLER VCP SEWER LATERAL / EASEMENT L.F. 42.00 $ - $ 6" & SMALLER VCP SEWER LATERAL / PAVED STREET L.F. 70.00 $ - $ SEWER CHIMNEY EA. 1,170.00 $ - $
SEWER SADDLE EA. 1,170.00 $ - $
WYE 4" x 8" TYPICAL EA. 115.00 $ - $
OIL/GREASE INTERCEPTOR NOT IN STREET EA. 1,750.00 $ - $

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
OTHER
- $
- $
- $
- $
10% CONTINGENCY
TRAFFIC CONTROL 1 L.S. - $ - $
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. - $ - $

SANITARY SEWER IMPROVEMENTS TOTAL

SANITARY SEWER IMPROVEMENTS SUB-TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

RCP STORM DRAIN
RCP SIZE X $3.25 / INCH OF I.D. UP TO 60" DIAMETER
18'' INC. EXC., BACKFILL & PVMT RESTORATION L.F. 58.50 $ - $ INC. EXC., BACKFILL & PVMT RESTORATION L.F. - $ - $ INC. EXC., BACKFILL & PVMT RESTORATION L.F. - $ - $ INC. EXC., BACKFILL & PVMT RESTORATION L.F. - $ - $ 66" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 260.00 $ - $ 72" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 290.00 $ - $ 78" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 305.00 $ - $ 84" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 330.00 $ - $ 90" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 350.00 $ - $ 96" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 365.00 $ - $ 102" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 470.00 $ - $ 108" INC. EXC., BACKFILL & PVMT RESTORATION L.F. 480.00 $ - $

LATERAL
18" RCP OR SMALLER L.F. 45.00 $ - $
INC. EXC., BACKFILL & PVMT RESTORATION
MANHOLE EA. 4,500.00 $ - $

CATCH BASIN
CATCH BASIN LESS THAN 7' IN WIDE L.F. 409.50 $ - $ 7' WIDE - CB WITH SCREEN INLET E.A. 3,900.00 $ - $ 10' WIDE- CB WITH SCREEN INLET E.A. 4,200.00 $ - $ 14' WIDE - CB WITH SCREEN INLET E.A. 4,700.00 $ - $ 21' WIDE - CB WITH SCREEN INLET E.A. 4,900.00 $ - $ LOCAL DEPRESSION FOR UP TO 10' WIDE CB L.S. 585.00 $ - $ LOCAL DEPRESSION FOR > 10' WIDE CB L.S. 1,200.00 $ - $

REINFORCED CONCRETE BOX
INC. EXC., BACKFILL & PVMT RESTORATION
4' X 6' RCB L.F. 400.00 $ - $
7' X 6' RCB L.F. 470.00 $ - $
7' X 8.5' RCB L.F. 560.00 $ - $
7' X 9.5' RCB L.F. 575.00 $ - $
8' X 11' RCB L.F. 585.00 $ - $
8' X 13' RCB L.F. 600.00 $ - $

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
6/24/2025
PDEV22-015
201 E. Riverside Drive
T. Skahill
909-560-1802
[email protected]
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
9' X 9' RCB L.F. 610.00 $ - $
9' X 12' RCB L.F. 650.00 $ - $
OUTLET STRUCTURE EA. 700.00 $ - $
INLET STRUCTURE EA. 700.00 $ - $
TRANSITION STRUCTURE EA. 1,700.00 $ - $
OTHER
- $
- $
- $
- $
-$
10% CONTINGENCY - $
TRAFFIC CONTROL 1 L.S. - $ - $
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. - $ - $

STORM DRAIN IMPROVEMENTS TOTAL

STORM DRAIN IMPROVEMENTS SUB-TOTAL
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RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-
015 LOCATED AT 201 EAST RIVERSIDE DRIVE.

WHEREAS, Development Plan No. PDEV22-015 submitted for appr oval by Riverside Storage, LLC, was approved by the Planning Commission of the City of Ontario on April 23, 2024; and

WHEREAS, Development Plan No. PDEV2 2-015, a 125,000-square foot storage facility building on 2.73 acres of land being Parcel B as described in Lot Line Adjustment No. LLA 10-004 recorded June 16 , 20 11 in the Office of County Recorder of San Bernardino County; and

WHEREAS, to meet the requirements established as prerequisite to final approval of Project No. PDEV22-015, Riverside Storage , 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:

SECTION 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

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

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

PASSED, APPROVED, AND ADOPTED this 5th day of May 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

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

_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY

73 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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held May 5, 2026, 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. 20 26- duly passed and adopted by the Ontario City Council at their regular meeting held May 5, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

74 Department: Budget
Prepared By: Eric Wilson
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Approved By:

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

FY 2025-26 THIRD QUARTER BUDGET UPDATE

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council a
pprove the budget adjustments and recommendations
as presented in the Fiscal Year 2025-26 Third Quarter Budget Update Report (Exhibit A).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended actions will aﬀect several fund budgets as outlined in the Fiscal Year 2025-26 Third Quarter Budget Update Report.

BACKGROUND & ANALYSIS:

The Third Quarter Budget Update Report for Fiscal Year 2025-26 reﬂects the Financial Services Agency's continued eﬀorts to provide timely, accurate, and understandable ﬁnancial information to assist the City Council with decision making and achievement of core goals. All Funds have been reviewed in preparing this report. The emphasis of this report is on the General Fund, which funds the majority of government services including public safety, recreation, library, museum, parks, building, and planning.

The primary purposes of this report are to:

Revise the City's budget to reﬂect the City Council's actions taken since the beginning of the current fiscal year;
Recommend personnel changes to enhance program operations and efficiencies; Recommend budget adjustments that are consistent with the City Council goals and objectives; and
Comment on signiﬁcant budget and economic trends which may impact ﬁscal year's budget development.

Fiscal Year 2025-26 Third Quarter Budget Update Recommendations Fiscal Year 2025-26 Third Quarter Budget Updates are routine in nature and comprised predominately by City Council actions taken since the First Quarter and Mid-Year Budget Updates.

Third Quarter Budget Update includes proposed new expenditure budget requests, as well as 75 revised revenue estimates for FY 2025-26. For the General Fund, the net result of these actions will bring the General Fund estimated available and unencumbered ending fund balance to $84.9 million or 21.1% of total appropriations. This amount achieves the goal set by City Council as a reserve for speciﬁc and deﬁned emergency events (such as an earthquake or pandemic) and to address immediate needs in resources without impacting City services. This goal was temporarily decreased to 15% during the COVID pandemic but has since been brought back up to the previous set goal of 20%, eﬀective July 1, 2023, with the goal of increasing the reserves up to 25% in future fiscal years.

General Fund Highlights
$3.1 million increase in projected Sales Tax revenue as a result of gains in point of sales revenue
$2.2 million increase in projected Licenses and Permits revenue due to higher trending development related revenues
$1.5 million increase in projected Fines and Forfeitures revenue due to higher trending revenue in vehicle code fines
$1.3 million increase in projected Use of Money and Property revenue due to higher trending interest income revenue
$1.0 million decrease in Transient Occupancy Tax (TOT) due to lower trending revenue $5.1 million appropriation for Police Department overtime Other Funds (non- General Fund) Highlights
$130 million additional appropriation for 2026 Lease Revenue Bond Proceeds $46.9 million appropriations for the purchase of 2350-2630 East Inland Empire Boulevard Property Acquisition
$30.0 million appropriation for the Ontario Sports Empire – Capital Projects Contribution to Sewer Capital Fund
$19.5 million for Capital City – Temporary Parking Lot Property Acquisition $8.5 million reduction for the Ontario Sports Empire Sewer Project $5.0 million appropriations for the Ontario Sports Empire – Vineyard Street Project, including $2.7 million reimbursement from Measure I Valley Major Projects Funding (San Bernardino County Transportation Authority)
$3.6 million additional appropriations for Municipal Services Center Relocation oﬀsite improvements, bridge upgrades, and design plans phase
$2.4 million additional appropriation for Water Main Transit/Emporia Project $1.6 million additional appropriation for Laurel Avenue Sewer Main Improvement Project $1.2 million additional appropriation for Archibald Avenue Sewer Diversion Project $1.0 million reduction for the Information Technology Modernize Desktop Project

CalPERS
The California State Public Employees Retirement System (CalPERS) is underfunded, primarily due 76 to lower than projected earning rates combined with recent signiﬁcant investment losses in the second quarter of the ﬁscal year. This has resulted in an estimated overall increase of over 105% in pension costs in the last ﬁve years. In addition, the City has experienced major increases in the CalPERS Unfunded Accrued Liability (UAL) payments over the last two years due to higher contractual labor increases than projected by CalPERS and substantial growth in number of active and retiree employees enrolled in CalPERS. The CalPERS UAL costs will increase from $0 in FY 2023- 24 to $14.9 million in FY 2026-27. This upward trend is projected to continue in the future and will have a significant impact on the City’s financial forecast.

Economic Outlook
The following economic indicators are the most recent measures of economic activity.

Gross Domestic Product (GDP):

The broadest measure of economic output, increased at an annual rate of 0.5% in the fourth quarter of 2025, according to the most recent released estimate.

This was an increase compared to the third quarter of 2025, in which the real GDP increased by

4.4%. This decline in the fourth quarter reﬂects a sharp contraction in government spending, decelerating consumer spending, and reduced investment. (Source: Bureau of Economic Analysis) Unemployment Rate:

The national unemployment rate slightly decreased to 4.3% in March 2026 compared to the 4.5% reported for December 2025. Comparing the current national rate to the previous year rate of 4.3%, it has remained steady. California's unemployment rate slightly decreased to 5.4% in February 2026 compared to 5.5% in December 2025, and a slight decrease compared to the prior year’s rate of 5.5%. Locally, the unemployment rate in the Riverside-San Bernardino-Ontario was 5.3% in February 2026, down from a revised 5.4% in January 2026, and above the year-ago estimate of 5.1%. (Source: US Bureau of Labor Statistics) Consumer Price Index (CPI):

This rate is utilized to track changes in the prices of goods and services and is a useful tool for tracking inﬂation or the cost of living. For March 2026, the Riverside- San Bernardino-Ontario metropolitan area's CPI rate increased by 3.1% over the last 12-month period. This increase in CPI mainly driven by increases in energy and gas prices. (Source: US Bureau of Labor Statistics).

Housing Market:

California’s home sales remained sluggish in the ﬁrst quarter of the year. March’s statewide median home price rocketed 7.1% to $889,190 from February but only crept up 0.4% from $885,900 in March 2025. As the market enters the spring homebuying season, prices are expected to climb, but lingering concerns about geopolitical tensions and the risk of higher inﬂation may continue to constrain the pace of price growth in the months ahead.

Overall, home sales in the Inland Empire for March 2026 increased 31.1% compared to the previous month, and a 2.3% increase compared to the same time period in the previous year. (Source: HdL Coren and Cone)
Conclusion
As the City recovers from the last six years of economic disruption from the COVID pandemic, other challenges still exist with the continued conﬂicts worldwide; rising consumer good prices; continued 77 high interest rates even with recent rate cuts by the Federal Reserve; the possibility of a recession as a result of the latest jobs report which indicates a much slower economy than previously reported; the unknown ﬁscal impacts from tariﬀs on the purchase of imported goods imposed by the federal administration; and rising employee pension and medical costs. Even with the anticipated additional resources, the City will need to continue to practice ﬁscal discipline and establish proactive measures to safely navigate the current and upcoming ﬁscal challenges, as well as deliver an unparalleled level of service and commitment to our community.

The Adopted Operating Budget for Fiscal Year 2025-26, as modiﬁed through this Third Quarter Update, reﬂects the City Council's continued commitment to support high quality public safety and municipal services, provides for the maintenance and expansion needs of the City's infrastructure and facilities, proﬁles an aggressive economic development strategy, and assures the investment and reinvestment of the City's resources into the community - all in the name of aﬀording Ontario residents and businesses an exceptional quality of life. With the City Council's leadership and their prudent ﬁscal policies, the City's long-term ﬁnancial health will further solidify its standing as the economic leader in the Inland Empire, and a formidable player in California and the nation. 78 9
10 13

EXHIBIT A
79 Page
General Fund Revenues by Category 3
General Fund Expenditures by Category 4
General Fund Expenditures by Agency 5
General Fund Budget Summary 6
Citywide Expenditures by Category 7
Citywide Expenditures by Fund Type 8
Authorized Full-Time Positions 9
Budget Adjustment Highlights 10
Detail of Recommended Budget Adjustments 13
Table of Contents
City of Ontario
Fiscal Year 2025-26
Third Quarter Budget Update Report

EXHIBIT A
80 FY 2025-26 First Quarter Mid-Year Third Quarter FY 2025-26 Actuals as of Category Adopted Budget Budget Update Budget Update Budget Update Current Budget 3/31/26 % Received Sales Tax 204,715,000$ -$ 3,000,000$ 3,100,000$ 210,815,000$ 125,265,400$ 59.4% Property Tax 112,750,000 - - 587,000 113,337,000 65,484,700 57.8% Transient Occupancy Tax 18,000,000 - - (1,000,000) 17,000,000 9,696,387 57.0% Business License Tax 11,500,000 - - - 11,500,000 7,278,408 63.3% Parking Tax 4,700,000 - - - 4,700,000 3,053,423 65.0% Other Taxes 6,525,000 - - (525,000) 6,000,000 1,653,570 27.6% Licenses and Permits 7,685,160 - - 2,150,000 9,835,160 7,149,288 72.7% Intergovernmental 11,122,947 - - - 11,122,947 8,355,180 75.1% Charges for Services 33,897,117 20,000 44,450 450,000 34,411,567 19,105,323 55.5% Charges for Services - OIAA 24,821,242 - - - 24,821,242 16,547,495 66.7% Use of Money & Property 1,615,000 - - 1,300,000 2,915,000 2,105,728 72.2% Fines and Forfeitures 996,000 - - 1,475,000 2,471,000 1,949,043 78.9% Miscellaneous 6,905,457 1,648,022 - - 8,553,479 2,812,386 32.9% Total General Fund Revenues 445,232,923$ 1,668,022$ 3,044,450$ 7,537,000$ 457,482,395$ 270,456,331$ 59.1% Transfers-In 2,000,000 433,378 - - 2,433,378 2,433,378 100.0% TOTAL RESOURCES 447,232,923$ 2,101,400$ 3,044,450$ 7,537,000$ 459,915,773$ 272,889,709$ 59.3% 1 Other Taxes includes Franchise Tax ($4.8M) and Property Transfer Tax ($1.5M). 2 Intergovernmental includes Cost Allocation Plan Revenue, Disability, Worker's Compensation, & Unemployment Internal Service Allocation Revenue. 3 Charges for Services includes Special Districts Service Charges ($13.7M). 4 City Services including Police & Fire to Ontario International Airport Authority (OIAA). 5 Includes Sales Tax - Bradley Burns increase in point of sale revenue of $3.1M. 6 Property Tax includes a $837K increase to Vehicle License Fee (VLF) Swap due to higher trending revenue and a ($100K) reduction to Aircraft and ($150K) RDA Residual due to lower trending revenue. 7 Transient Occupancy Tax (TOT) includes a ($1M) reduction due to lower trending revenue. 8 Other Taxes includes a ($525K) reduction Franchise Fee Revenue due to lower trending revenue. 9 Licenses and Permits includes a $1.2M increase to Building Permits, $800K to Electrical Permits and a $150K Mechanical Permits due to higher trending revenue. 11 Use of Money & Property includes a $1.3M increase to Interest Income due to higher trending revenue. 12 Fines and Forfeitures includes a $1.3M increase to Vehicle Code Fines, $125K to City Code Fines and $50K to Code Enforcement Fines due to higher trending revenue.

City of Ontario
General Fund Revenue by Category
Fiscal Year 2025-26
Third Quarter Budget Update
10 Charges for Services includes $150K for Animal Resource Center of the Inland Empire Administrative Agreement revenue, a $100K increase to Community Center Programs, $100K to General Plan/Specific Plan - OMC and $100K to Subdivision/Map Application Fee - NMC due to higher trending revenue. 6 2
1 3
4 5
7 8
9 10
11 12

EXHIBIT A
3 81
FY 2025-26 FY 2025-26 Actuals as of
Adopted Budget Current Budget 3/31/26 % Expended
Personnel Costs 225,314,401$ -$ 103,489$ 112,394$ 5,107,622$ 230,637,906$ 165,649,379$ 71.8% CalPERS Pension Costs 43,965,203 - 16,759 958,233 - 44,940,195 32,071,065 71.4% Operating Expenditures 32,920,286 47,691 140,000 3,982,883 332,173 37,423,033 27,497,570 73.5% Contractual Services 26,405,460 - - 1,032,000 - 27,437,460 17,837,603 65.0% Internal Service Allocations 51,400,418 - 1,378 (4,697) - 51,397,099 38,510,225 74.9% Reimbursement / Contribution Expense 10,988,500 - - - - 10,988,500 4,757,234 43.3% Capital Expenditures - 63,947 - - 31,252 95,199 94,936 99.7% Total Operating Expenditures 390,994,268$ 111,638$ 261,626$ 6,080,813$ 5,471,047$ 402,919,392$ 286,418,012$ 71.1% Transfers-Out 56,238,655 - 3,433,378 - - 59,672,033 59,238,655 99.3% Total General Fund Appropriations 447,232,923$ 111,638$ 3,695,004$ 6,080,813$ 5,471,047$ 462,591,425$ 345,656,667$ 74.7% 5 Transfers-Out includes $3M to Facilities Maintenance ISF Fund to shore up its fund balance and $433K to establish the City's Local Affordable Housing Trust Fund. 2 Personnel Costs includes $5.1M appropriations for Police Safety Overtime.

City of Ontario
General Fund Expenditures by Category
Fiscal Year 2025-26
Third Quarter Budget Update
1 Excludes obligations/PO's.

CIP/Grants/POs
Carryforward
First Quarter
Budget Update
Mid-Year
Budget Update
Third Quarter
Budget Update
3 Operating Expenditures includes $213K for Pre-Opening Expenses for Sports Facilities Management LLC., $150K for Toyota Arena turf replacement, and reduction of ($31K) for Police Zero-Impact Budget for Capital Expenditures. 4 Capital Expenditures includes $31K for Police Zero-Impact Budget for Capital Expenditures from Operating Expenditures. 2 1
3 5
4 EXHIBIT A
4 82
FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 3/31/26 % Expended
Community Development 25,682,232$ -$ 42,974$ 107,556$ -$ 25,832,762$ 18,955,787$ 73.4% Community Life & Culture 33,629,666 - 19,434 1,110,924 213,425 34,973,449 23,771,403 68.0% Economic Development 21,877,421 - - 2,692,073 150,000 24,719,494 16,501,721 66.8% Financial Services 11,913,846 - (31,408) 40,739 - 11,923,177 8,145,146 68.3% Human Resources/Risk Management 7,267,500 - (17,852) (3,143) - 7,246,505 4,928,021 68.0% Management Services 11,085,493 - 2,914 1,279,253 - 12,367,660 9,295,931 75.2% Ontario Fire Department 102,878,946 63,947 - 260,583 - 103,203,476 74,635,197 72.3% Ontario Police Department 141,956,517 47,691 122,434 555,676 5,107,622 147,789,940 106,987,639 72.4% Public Works 34,702,647 - 123,130 37,152 - 34,862,929 23,197,166 66.5% Total General Fund Agencies 390,994,268$ 111,638$ 261,626$ 6,080,813$ 5,471,047$ 402,919,392$ 286,418,012$ 71.1% Transfers-Out 56,238,655 - 3,433,378 - - 59,672,033 59,238,655 99.3% Total Appropriations & Transfers-Out 447,232,923$ 111,638$ 3,695,004$ 6,080,813$ 5,471,047$ 462,591,425$ 345,656,667$ 74.7% 3 Economic Development includes $150K for Toyota Arena turf replacement. 4 Police Department includes $5.1M appropriations for Police Safety Overtime and $31K for Police Zero-Impact Budget for Capital Expenditures from Operating Expenditures (net impact is $0). 2 Community Life & Culture includes approximately $213K for Pre-Opening Expenses for Sports Facilities Management LLC.

City of Ontario
General Fund Expenditures by Agency
Fiscal Year 2025-26
Third Quarter Budget Update
1 Excludes obligations/PO's.

CIP/Grants/POs
Carryforward
First Quarter Budget
Update
Mid-Year
Budget Update
Third Quarter
Budget Update
1 2
4 3

EXHIBIT A
5 83
Fiscal Year 2025-26 Current Budget:

Beginning Fund Balance1
87,610,976$
Fiscal Year 2025-26 Adopted Budget:

Resources & Transfers-In 447,232,923$
Appropriations & Transfers-Out (447,232,923)
First Quarter Budget Recommendations
Resources & Transfers-In 2,101,400
Appropriations & Transfers-Out (3,695,004)
Fiscal Year 2024-25 Carryforward Obligations (111,638)
Mid-Year Budget Recommendations
Resources & Transfers-In 3,044,450
Appropriations & Transfers-Out (6,080,813)
Third Quarter Budget Recommendations
Resources & Transfers-In 7,537,000
Appropriations & Transfers-Out (5,471,047)
Budget Surplus/(Deficit) (2,675,652)$
Estimated Ending Fund Balance 84,935,324$
Estimated General Fund Reserve 20%2

21.1%
2 For FY 2025-26, the Council approved reserve level is 20% with the goal of increasing the reserves up to 25% in future fiscal years. 1 Beginning Fund Balance for 07/01/2025 is based on June 30, 2025, ACFR.

City of Ontario
General Fund Budget Summary
Fiscal Year 2025-26
Third Quarter Budget Update

EXHIBIT A
6 84
FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 3/31/2026 % Expended
General Fund 447,232,923$ 111,638$ 3,695,004$ 6,080,813$ 5,471,047$ 462,591,425$ 345,698,148$ 74.7% Special Revenue Fund 87,396,147 52,534,478 6,221,271 16,029,123 52,763,105 214,944,124 110,694,252 51.5% Debt Service Fund 26,290,509 - - - - 26,290,509 12,465,399 47.4% Capital Projects Fund 644,660,576 125,866,022 9,096,662 (3,027,165) 54,368,756 830,964,851 473,238,987 57.0% Enterprise Funds 290,964,819 20,029,624 1,093,626 25,072,825 56,110 337,217,004 180,548,267 53.5% Internal Service Funds 155,167,468 4,504,356 3,994,204 2,945,306 551,265 167,162,599 108,391,276 64.8% Total City Funds 1,651,712,442$ 203,046,118$ 24,100,767$ 47,100,902$ 113,210,283$ 2,039,170,512$ 1,231,036,328$ 60.4% Ontario Housing Authority 2,033,466 6,697,558 310,000 3,981 - 9,045,005 1,696,602 18.8% Total All Funds 1,653,745,908$ 209,743,676$ 24,410,767$ 47,104,883$ 113,210,283$ 2,048,215,517$ 1,232,732,931$ 60.2% 1 Excludes obligations/PO's.

Mid-Year
Budget Update
Third Quarter
Budget Update
City of Ontario
Citywide Expenditures by Fund Type
Fiscal Year 2025-26
Third Quarter Budget Update
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
3 Special Revenue Funds includes $47.0M for the acquisition of 2350-2630 East Inland Empire Boulevard (formerly Ikea warehouse), $2.8M for the Ontario Sports Empire Vineyard Street Project - Measure I Valley Major Projects (reimbursable), $943K for Euclid Avenue Smart Arterial Corridor funded by Measure I Valley Major Projects, and $500K for Fire Strike Team overtime (reimbursable). 4 Capital Projects Funds includes $30M for Ontario Sports Empire - Capital Projects Contribution to Sewer Capital, $19.5M for acquisition of the Capital City - Temporary Parking Lot property, $3.6M Municipal Services Center Relocation Project Appropriation, $2.2M in Ontario Sports Empire - Vineyard Street Project DIF Match to Measure I Valley Major Projects, ($308K) reduction to Bon View Avenue Water Main Improvements project, and ($533K) for closeout of Ontario Ranch Phase II Water Main Project.
5 Enterprise Funds includes $2.4M for Water Main Transit/Emporia Project Completion, $1.6M for Laurel Avenue Sewer Main Improvement, $1.2M Archibald Avenue Sewer Diversion, and ($8.5M) closeout of Ontario Sports Empire Sewer Project, and ($533K) for closeout of Ontario Ranch Phase II Water Main Project. 6 Internal Service Funds includes $713K for Municipal Services Center Relocation Funding Contribution, ($1.0M) reduction to the Modernize Desktop project, and $838K in additional Public Works Building Facilities Costs. 2 General Fund includes $5.1M for appropriations for Police Safety Overtime Costs, $213K for Pre-Opening Expense for Sports Facilities Management LLC for the Ontario Sports Empire Sports Fields, and $150K to the Toyota Arena for turf replacement.
1 2
3 4
5 6

EXHIBIT A
7 85
FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 3/31/26 % Expended
Personnel Costs 301,823,089$ 3,868,403$ 287,483$ 1,786,139$ 6,292,232$ 314,057,346$ 223,931,946$ 71.3% CalPERS Pension Costs 51,410,282 114,887 16,856 1,258,584 - 52,800,609 37,823,993 71.6% Operating Expenditures 251,592,617 8,724,713 2,601,577 10,312,989 1,134,381 274,366,277 198,946,370 72.5% Contractual Services 754,768,948 145,699,277 9,898,822 3,366,211 6,942,661 920,675,919 481,351,584 52.3% Internal Service Allocations 91,703,448 5,300 1,278 3,840 - 91,713,866 68,810,767 75.0% Reimbursement / Contribution Expense 31,421,403 5,606,776 298,813 11,082,331 34,862,091 83,271,414 14,893,713 17.9% Debt Service 57,042,055 21,876,813 1,039,951 8,250,246 - 88,209,065 36,345,681 41.2% Capital Expenditures 29,651,530 23,847,507 2,913,892 319,543 63,978,918 120,711,390 80,944,123 67.1% Total Operating Expenditures 1,569,413,372$ 209,743,676$ 17,058,672$ 36,379,883$ 113,210,283$ 1,945,805,886$ 1,143,048,178$ 58.7% Transfers-Out 84,332,536 - 7,352,095 10,725,000 - 102,409,631 89,684,753 87.6% Total Citywide Appropriations 1,653,745,908$ 209,743,676$ 24,410,767$ 47,104,883$ 113,210,283$ 2,048,215,517$ 1,232,732,931$ 60.2% 1 Excludes obligations/PO's.

City of Ontario
Citywide Expenditures by Category
Fiscal Year 2025-26
Third Quarter Budget Update
4 Contractual Services includes $5M for the Ontario Sports Empire Vineyard Street Project funded by Measure I Valley Major Projects ($2.8M reimbursable), $3.5M for the Municipal Services Center Relocation, $1.6M for Laurel Avenue Sewer Main Improvement, $1.2M Archibald Avenue Sewer Diversion, ($8.5M) closeout of Ontario Sports Empire Sewer Project, and ($533K) for closeout of Ontario Ranch Phase II Water Main Project. 5 Reimbursement includes $2.4M for Water Main Transit/Emporia Project Completion, ($308K) reduction to the Bon View Avenue Water Main Improvements project, Contribution Expense includes $30M for Ontario Sports Empire - Capital Projects Contribution to Sewer Capital, and $2.8M for Municipal Services Center Relocation Funding Contribution. 2 Personnel Costs includes $5.1M for appropriations for Police Safety Overtime Costs, $350K in Citywide Personnel Costs Funded by City Grants Awarded and $835K for Fire Strike Team Overtime (reimbursable).

CIP/Grants/POs
Carryforward
First Quarter
Budget Update
Mid-Year
Budget Update
Third Quarter
Budget Update
6 Capital Expenditures include $47.0M for the acquisition of 2350-2630 East Inland Empire Boulevard (formerly Ikea warehouse - Land Held for Resale) and $19.5M for acquisition of the Capital City - Temporary Parking Lot property. 3 Operating Expenditures includes $838K for additional Public Works Building Facilities Costs, $635K for the Onsite Chlorine Generators Design, $328K for appropriation funded by City Grants Awarded, $213K for Pre-Opening Expenses for Sports Facilities Management LLC, $150K Increase to Toyota Arena for turf replacement, and ($1.0M) reduction to the Modernize Desktop project. 2 3
4 1
5 6

EXHIBIT A
8 86
Recommended Recommended Recommended
FY 2025-26
Agency Adopted Budget
Community Development 84.00 - (1.00) - 83.00 Community Life & Culture 102.00 - - - 102.00 Economic Development 9.00 - - - 9.00 Financial Services 56.00 - 1.00 - 57.00 Human Resources 31.00 - - - 31.00 Information Technology 53.00 - - - 53.00 Management Services 42.00 - - - 42.00 Ontario Fire Department1
265.00 - - - 265.00 Ontario Municipal Utilities Company 139.00 - - - 139.00 Ontario Police Department2
429.00 - - - 429.00 Public Works 307.00 - - - 307.00 Total Authorized Full-Time Positions 1,517.00 - - - 1,517.00 General Fund 1,062.64 - (1.10) - 1,061.54 Other Funds 454.36 - 1.10 - 455.46 Total FTE All Funds 1,517.00 - - - 1,517.00 1 OFD positions includes the following sworn positions 213.00 - - - 213.00 2 OPD positions includes the following sworn positions 316.00 - - - 316.00 First Quarter Budget
Update
Mid-Year
Budget Update
Total Authorized
Full-Time Positions
City of Ontario
Authorized Full-Time Positions
Fiscal Year 2025-26
Third Quarter Budget Update
Third Quarter
Budget Update

EXHIBIT A
9 87
Agency Description
Appropriation
Adjustment General Fund Other Funds
Community Life & Culture
FY 2025-26 AmeriCorps Continuation Grant GR2612 368,000 - 368,000 NRPA Coach Training GR2611 2,500 - 2,500 Lunch at the Library (LATL) GR2615 39,261 - 39,261 Pre-Opening Expenses for Sports Facilities Management LLC 213,425 213,425 - 623,186 213,425 409,761 Economic Development
Increase to Toyota Arena contribution for turf replacement 150,000 150,000 - 2350-2630 East Inland Empire Boulevard Property Acquisition 46,959,433 - 46,959,433 Capital City - Temporary Parking Lot Property Acquisition 19,500,000 - 19,500,000 66,609,433 150,000 66,459,433 Financial Services
Ontario Sports Empire - Capital Projects Contribution to Sewer Capital 30,000,000 - 30,000,000 30,000,000 - 30,000,000 Information Technology
Modernize Desktop Project Reduction (1,000,000) - (1,000,000) (1,000,000) - (1,000,000) City of Ontario
Budget Adjustment by Agency
Fiscal Year 2025-26
Third Quarter Budget Update

EXHIBIT A
10 88
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment by Agency
Fiscal Year 2025-26
Third Quarter Budget Update
Municipal Utilities Company
Archibald Avenue Sewer Diversion 1,200,000 - 1,200,000 Bon View Avenue Water Main Improvements (381,194) - (381,194) Facility Site Security Improvements 428,000 - 428,000 Inland Empire Utilities Agency South Archibald TCE Plume 500,000 - 500,000 Laurel Avenue Sewer Main Improvement 1,550,600 - 1,550,600 Milliken 1010' to 1212' Booster Station Upgrades 220,000 - 220,000 Municipal Services Center Relocation Contribution 1,426,530 - 1,426,530 New Well No. 43 Project Closeout (39,386) - (39,386) North Vineyard Sanitary Sewer Project 410,000 - 410,000 Onsite Chlorine Generators Design 635,750 - 635,750 Ontario Ranch Phase II Water Main Project Closeout (603,126) - (603,126) Ontario Sports Empire Sewer Project Closeout (8,500,000) - (8,500,000) San Antonio Avenue 1212 Phase 3 Closeout (878,874) - (878,874) Water Main Transit/Emporia Project Completion 2,390,225 - 2,390,225 (1,641,475) - (1,641,475) Ontario Fire Department
Additional Fire Mutual Aid Overtime for Strike Team 835,000 - 835,000 835,000 - 835,000 Ontario Police Department
Citizen's Option for Public Safety (COPS/ELEAS Grant) FY2026 GR2613 281,812 - 281,812 Police Department SWAT Capital Equipment Zero Impact - - - Appropriations for Police Safety Overtime 5,107,622 5,107,622 - 5,389,434 5,107,622 281,812

EXHIBIT A
11 89
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment by Agency
Fiscal Year 2025-26
Third Quarter Budget Update
Public Works
Regional Early Action Planning Grants Program (REAP 2.0) GR2614 233,949 - 233,949 Euclid Avenue Smart Arterial Corridor Appropriation 1,179,900 - 1,179,900 Municipal Services Center Relocation Contribution 1,426,530 - 1,426,530 Municipal Services Center Relocation Project Appropriation 3,566,326 - 3,566,326 Ontario Sports Empire - Vineyard Street Project - Measure I Valley Major Projects ($2.8M reimbursable) 5,000,000 - 5,000,000 Public Works Building Facilities Additional Costs/Repairs and Maintenance 838,000 - 838,000 State Route 60/Euclid Avenue Interchange Improvements 150,000 - 150,000 12,394,705 - 12,394,705 Total Expenditures 113,210,283 5,471,047 107,739,236 Transfers-Out - - - Grand Total 113,210,283 5,471,047 107,739,236

EXHIBIT A
12 90
Appropriation Revenue Operating Operating Fund Balance Impact Description Adjustments Adjustments Transfers-In Transfers-Out (Use of Fund Balance)

GENERAL FUND
Fund 1000 - General Fund
Increase to Toyota Arena contribution for turf replacement 150,000$ -$ -$ -$ (150,000)$ Appropriations for Police Safety Overtime 5,107,622 - - - (5,107,622) Police Department SWAT Capital Equipment Zero-Impact - - - - - Pre-Opening Expenses for Sports Facilities Management LLC 213,425 - - - (213,425) Reduction in Transient Occupancy Tax (TOT) due to lower trending revenue - (1,000,000) - - (1,000,000) Reduction in Franchise Fee revenue due to lower trending revenue - (525,000) - - (525,000) Reduction in Property Tax - RDA Residual due to lower trending revenue - (150,000) - - (150,000) Reduction in Property Tax - Aircraft due to lower trending revenue - (100,000) - - (100,000) Increase to Property Tax - Vehicle License Fee (VLF) Swap revenue due to higher trending revenue - 837,000 - - 837,000 Increase in Code Enforcement Fines revenue due to higher trending revenue - 50,000 - - 50,000 Animal Resource Center of the Inland Empire Administrative Agreement revenue - 150,000 - - 150,000 Increase in Community Programs revenue due to higher trending revenue - 100,000 - - 100,000 Increase in City Code Fines revenue due to higher trending revenue - 125,000 - - 125,000 Increase in Mechanical Permits revenue due to higher trending revenue - 150,000 - - 150,000 Increase in Interest Income revenue due to higher trending revenue - 1,300,000 - - 1,300,000 Increase in Vehicle Code Fines revenue due to higher trending revenue - 1,300,000 - - 1,300,000 Increase in Building Permits revenue due to higher trending revenue - 1,200,000 - - 1,200,000 Increase in Subdivision/Map Application Fee - NMC due to higher trending revenue - 100,000 - - 100,000 Increase in General Plan/Specific Plan - OMC due to higher trending revenue - 100,000 - - 100,000 Increase in Electrical Permits revenue due to higher trending revenue - 800,000 - - 800,000 Bradley Burns Sales Tax increase in point of sales revenue - 3,100,000 - - 3,100,000 GENERAL FUND TOTAL 5,471,047$ 7,537,000$ -$ -$ 2,065,953$ City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Third Quarter Budget Update

EXHIBIT A
13 91
Appropriation Revenue Operating Operating Fund Balance Impact Description Adjustments Adjustments Transfers-In Transfers-Out (Use of Fund Balance) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Third Quarter Budget Update

SPECIAL REVENUE FUNDS
Fund 2220 - Measure I Valley Major Project
Euclid Avenue Smart Arterial Corridor Appropriation 943,000$ 943,000$ -$ -$ -$ Ontario Sports Empire - Vineyard Street Project - Measure I Valley Major Projects (reimbursable) 2,780,000 2,780,000 - - - State Route 60/Euclid Avenue Interchange Improvements 83,250 83,250 - - - 3,806,250 3,806,250 - - - Fund 2400 - General Fund Grants
Regional Early Action Planning Grants Program (REAP 2.0) GR2614 233,949 233,949 - - - FY 2025-26 AmeriCorps Continuation Grant GR2612 368,000 368,000 - - - NRPA Coach Training GR2611 2,500 2,500 - - - Citizen's Option for Public Safety (COPS/ELEAS Grant) FY2026 GR2613 281,812 281,812 - - - Lunch at the Library (LATL) GR2615 39,261 39,261 - - - 925,522 925,522 - - - Fund 2513 - Fire Mutual Aid
Additional Fire Mutual Aid Overtime for Strike Team 835,000 835,000 - - - 835,000 835,000 - - - Fund 2531 - Road Maint & Rehab Acct (SB1)
Euclid Avenue Smart Arterial Corridor Appropriation 236,900 - - - (236,900) 236,900 - - - (236,900) Fund 2570 - Economic Development Activities Fund
2350-2630 East Inland Empire Boulevard Property Acquisition 46,959,433 46,959,433 - - - 46,959,433 46,959,433 - - - SPECIAL REVENUE FUNDS TOTAL 52,763,105$ 52,526,205$ -$ -$ (236,900)$

EXHIBIT A
14 92
Appropriation Revenue Operating Operating Fund Balance Impact Description Adjustments Adjustments Transfers-In Transfers-Out (Use of Fund Balance) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Third Quarter Budget Update

CAPITAL PROJECT FUNDS
Fund 4010 - Capital Projects
2026 Lease Revenue Bond Proceeds -$ 130,000,000$ -$ -$ 130,000,000$ Ontario Sports Empire - Capital Projects Contribution to Sewer Capital 30,000,000 - - - (30,000,000) Municipal Services Center Relocation 3,566,326 2,853,060 - - (713,266) Capital City - Temporary Parking Lot Property Acquisition 19,500,000 - - - (19,500,000) 53,066,326 132,853,060 - - 79,786,734 Fund 4314 - OMC - Local Adjacent Water
Bon View Avenue Water Main Improvements (381,194) - - - 381,194 (381,194) - - - 381,194 Fund 4413 - Ontario Ranch - Local Adjacent Streets
Ontario Sports Empire - Vineyard Street Project - Measure I Valley Major Projects Match 2,220,000 - - - (2,220,000) 2,220,000 - - - (2,220,000) Fund 4415 - Ontario Ranch - Local Adjacent Storm Drain
Ontario Ranch Phase II Water Main Project Closeout (603,126) - - - 603,126 (603,126) - - - 603,126 Fund 4419 - Ontario Ranch - Regional Streets
State Route 60/Euclid Avenue Interchange Improvements - Measure I Valley Major Projects Match 66,750 - - - (66,750) 66,750 - - - (66,750) -
CAPITAL PROJECT FUNDS TOTAL 54,368,756$ 132,853,060$ -$ -$ 78,484,304$

EXHIBIT A
15 93
Appropriation Revenue Operating Operating Fund Balance Impact Description Adjustments Adjustments Transfers-In Transfers-Out (Use of Fund Balance) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Third Quarter Budget Update

ENTERPRISE FUNDS
Fund 5010 - Water Operating
Inland Empire Utilities Agency South Archibald TCE Plume 350,000$ -$ -$ -$ (350,000)$ 350,000 - - - (350,000) Fund 5011 - Water Capital
Facility Site Security Improvements 428,000 - - - (428,000) Municipal Services Center Relocation Contribution 713,265 - - - (713,265) San Antonio Avenue 1212 Phase 3 Closeout (878,874) - - - 878,874 Onsite Chlorine Generators Design 635,750 - - - (635,750) Water Main Transit/Emporia Project Completion 2,390,225 - - - (2,390,225) Milliken 1010' to 1212' Booster Station Upgrades 220,000 - - - (220,000) New Well No. 43 Project Closeout (39,386) - - - 39,386 3,468,980 - - - (3,468,980) Fund 5110 - Sewer Operating
Inland Empire Utilities Agency South Archibald TCE Plume 150,000 - - - (150,000) 150,000 - - - (150,000) Fund 5111 - Sewer Capital
Municipal Services Center Relocation Contribution 713,265 - - - (713,265) Archibald Avenue Sewer Diversion 1,200,000 - - - (1,200,000) North Vineyard Sanitary Sewer Project 410,000 - - - (410,000) Laurel Avenue Sewer Main Improvement 1,550,600 - - - (1,550,600) Ontario Sports Empire - Capital Projects Contribution to Sewer Capital - 30,000,000 - - 30,000,000 Ontario Sports Empire Sewer Project Closeout (8,500,000) - - - 8,500,000 (4,626,135) 30,000,000 - - 34,626,135 Fund 5210 - Integrated Waste
Municipal Services Center Relocation Contribution 713,265 - - - (713,265) 713,265 - - - (713,265) ENTERPRISE FUNDS TOTAL 56,110$ 30,000,000$ -$ -$ 29,943,890$

EXHIBIT A
16 94
Appropriation Revenue Operating Operating Fund Balance Impact Description Adjustments Adjustments Transfers-In Transfers-Out (Use of Fund Balance) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Third Quarter Budget Update

INTERNAL SERVICE FUNDS
Fund 6010 - Equipment Services
Municipal Services Center Relocation Contribution 713,265$ -$ -$ -$ (713,265)$ Fleet Vehicle Purchase Contributions - 161,930 - - 161,930 713,265 161,930 - - (551,335) Fund 6021 - Information Technology Capital Projects
Modernize Desktop Project Reduction (1,000,000) - - - 1,000,000 (1,000,000) - - - 1,000,000 Fund 6030 - Facilities Maintenance
Public Works Building Facilities Additional Costs/Repairs and Maintenance 838,000 - - - (838,000) 838,000 - - - (838,000) INTERNAL SERVICE FUNDS TOTAL 551,265$ 161,930$ -$ -$ (389,335)$ TOTAL CITY FUNDS BUDGET ADJUSTMENTS 113,210,283$ 223,078,195$ -$ -$ 109,867,912$ TOTAL ALL FUNDS BUDGET ADJUSTMENTS 113,210,283$ 223,078,195$ -$ -$ 109,867,912$

EXHIBIT A
17 95
Department: Economic Development
Prepared By: Peter Pallesen
Department:

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

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

FIRST AMENDMENT TO A LEASE AGREEMENT BETWEEN SANTA CLAUS OF THE CHAFFEY DISTRICT, INC. AND THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The proposed lease rate payment is $180 per year.

BACKGROUND & ANALYSIS:

Santa Claus of the Chaﬀey District, Inc. ("SCI") has operated as a community service organization since 1955. Their sole purpose is to provide toys and clothing at Christmas time for children in need. They serve families in Ontario, Montclair, Rancho Cucamonga, and Upland. They are a non-proﬁt charitable organization fully comprised of a volunteer Board of Directors.

Each year, SCI repairs, reconditions, and assembles a huge variety of gifts for distribution at Christmas. The numbers are large, and the need is great, as they serve up to 5,000 children and families each year in the greater Ontario area.

SCI currently leases the building on the City park property located at 1330 East "D" Street. The building was originally constructed by SCI in 1967, pursuant to an Agreement with the City of Ontario ("City"), and upon completion of construction, the ownership of the building was transferred to the City. SCI is responsible for ongoing maintenance and repairs to the improvements and facility.

In 1967, the original lease agreement was executed and expired in June 1991. Subsequent lease agreements were then executed between the City and SCI in 1991, 2001, and 2016. On August 16, 96 2016, the City and SCI entered into a subsequent 5-year lease agreement ("Lease"), with an option to extend for an additional 5 years through August of 2026. This proposed First Amendment to the Lease would extend the term for a period of 60 months through August 16, 2031, and provide for an additional 5-year term to extend, for a new term ending August 16, 2036. Rent would remain unchanged at $180 per year.
97 46700.12001\44883579.1

1 Magney Dialysis LLC 1st Amendment - RHP

FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (“ First Amendment ”) is entered into as of April ____ , 2026, (the “Effective Date”) by and between CITY OF ONTARIO, a California municipal corporation (“Lessor”), and SANTA CLAUS OF THE CHAFFEY DISTRICT, INC., a non-profit corporation (“Lessee”).

1. Background. Lessor and Lessee are the current parties to that certain Lease dated August 16, 2016 (the “Lease”) covering the Premises. The term is set to expire on August 16, 2026. The Parties desire to amend the Lease to extend the Term for a period of five (5) years subject to the terms and conditions of this First Amendment, and to otherwise amend the Lease in accordance with the terms below. Capitalized terms in this First Amendment shall have the same meaning as ascribed thereto in the Lease.

2. Extension of Lease Term . The Term is extended for a sixty (60) month period commencing on August 17, 2026 and expiring on August 16, 2031, unless sooner terminated in accordance with the terms of the Lease (the “First Extension Term”).

3. Option to Renew . Lessee shall have one (1) option to renew the Lease and its occupancy of the Premises for one additional five (5) year period commencing on August 17, 2031 and expiring on August 16, 2036. Such option may be exercised at Lessee’s sole discretion by written notice to Lessor delivered not more than one hundred eighty (180) days and not less than ninety (90) days prior to the expiration of the then-current term.

4. Confirmation of Rent . Section 3 of the Lease shall remain unchanged and shall continue in full force and effect during the new term and any renewal term, including, without limitation, Lessee’s obligation to pay rent in the amount of One Hundred Eighty Dollars ($180.00) per year, payable on or before January 1 of each calendar year during the term of the Lease.

5. Brokers. Each party represents and warrants to the other that it has not dealt with any real estate broker or agent in connection with this First Amendment or its negotiation. Each party shall indemnify the other and hold it harmless from any cost, expense, or liability (including costs of suit and reasonable attorneys’ fees) for any compensation, commission or fees claimed by any other real estate broker or agent in connection with this First Amendment or its negotiation by reason of any act or statement of the indemnifying party. 98 46700.12001\44883579.1

2 Magney Dialysis LLC 1st Amendment - RHP

6. Entire Agreement . This First Amendment contains all of the agreements of the parties with respect to the subject matter hereof and all prior agreements, written or oral, with respect to the subject matter herein are superseded. If the terms of the Lease conflict with the terms of this First Amendment, the terms of this First Amendment shall control.

7. Ratification; Miscellaneous . Except as modified herein, the Lease is ratified, confirmed, and in full force and effect in all respects. This First Amendment may be executed in one or more counterpa rts. The provisions contained herein shall bind and inure to the benefit of the heirs and successors of the parties hereto. Lessor and Lessee agree that electronic signatures (including PDF, DocuSign, or similar) shall be valid, binding, and enforceable as original handwritten signatures.

IN WITNESS WHEREOF, the parties have executed this First Amendment as of the Effective Date.

Lessor:

CITY OF ONTARIO,
a California municipal corporation

By:

Scott Ochoa, City Manager

ATTEST:

City Clerk

Lessee:

SANTA CLAUS OF THE CHAFFEY DISTRICT, INC.,
a non-profit corporation

By:

Rick Collins, Treasurer

99 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: 6
SUBJECT:

AN AMENDMENT TO THE SOFTWARE AS A SERVICE AGREEMENT WITH GRANICUS, LLC., FOR THE PEAK AGENDA MANAGEMENT, RENTAL ACTIVITY MONITORING,

CLOUD COMMUNICATIONS, AND THE FREEDOM OF INFORMATION ACT

MODULES

CITY OF ONTARIO
Agenda Report
May
5, 2026
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 subscriptions for Granicus Peak Agenda Management, Rental Activity Monitoring, Communications Cloud, and the FOIA modules. The proposed Amendment No. 2 to the Software as a Service Agreement increases the total contract amount by $138,386, including a one-year renewal for a total not-to-exceed amount of $485,367
. The ﬁxed
billing rates speciﬁed in the Agreement will determine the amount charged for services and reﬂect the actual service provided. If approved, appropriations will be added to the future years’ budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

On May 27, 2020, the City entered a Service Agreement with Granicus for the Peak Agenda software, a broadcast device, and related software subscriptions. The Peak Agenda software streamlined the preparation, routing, and organization of agenda reports, improving internal eﬃciency and supporting informed decision-making. In April 2021, the City implemented GovQA, an automated public records request management system, to modernize and streamline records processing. The system reduced manual eﬀorts, improved coordination across departments, enhanced response times, and increased transparency by providing the public with easier access to records and request tracking. Granicus acquired GovQA on August 26, 2021, further integrating the City’s technology solutions. On August 15, 2023, the City expanded its partnership with Granicus by entering into a new agreement that added the Host Compliance 100
platform. This tool supports the identiﬁcation and monitoring of short-term rental activity, facilitates community reporting, and enhances the City’s ability to educate operators and enforce local regulations. The agreement was subsequently updated through Amendment No. 1 on April 16, 2024.

Staﬀ recommends approval of Amendment No. 2, authorizing a one-year contract extension with Granicus to ensure continuity of these critical services while maintaining operational stability across multiple departments. The Granicus platform supports core City functions, including agenda management, public records processing, meeting broadcasting, and short-term rental compliance.

A contract extension would avoid disruption to essential services currently relied upon by Staﬀ and the public, maintain system integrations and established workﬂows across departments, and ensure continued transparency and public access to City services. Extending the agreement for one year is in the best interest to preserve service continuity while allowing Staﬀ time to evaluate long- term needs and future procurement options. Staﬀ requests City Council approval of a contract not- to-exceed amount of $485,367 and a one-year term.
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BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
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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. 2 TO THE SOFTWARE AS A SERVICE AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

GRANICUS, LLC

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 Granicus, LLC, a Minnesota Limited Liability Company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant ha ve entered into an agreement entitled “Software as a Services Agreement” dated 8/15/2023 (“Agreement”).

2.2 Amendment Purpose. The City and the Consultant desire to amend the Agreement to extend the term and increase compensation. The Parties SUHYLRXVO\entered into Amendment No. dated 4/16/2024.

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

3.7.15 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 Term and 3.2.1 Compensation of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be from May 1, 2023, to May 26, 2027 ( unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

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 four hundred eighty-five thousand three hundred sixty-seven ($485,367) 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 compen sated at the rates and manner set forth in this Agreement.

Exhibit “A” is hereby deleted in its entirety a nd 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 consid eration for the performa nce 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, incl uding written or verbal communications between the Parties, which sha ll have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE SOFTWARE AS A SERVICE

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND GRANICUS, LLC

IN WITNESS WHEREOF, the Parties have enter ed into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO GRANICUS, LLC

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

104
BB&K (2024) 4 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

ATTACHMENT A
105
BB&K (2024) 5 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
106
BB&K (2024) 6 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
107
BB&K (2024) 7 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
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108
BB&K (2024) 8 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
109
BB&K (2024) 9 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
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110
BB&K (2024) 10 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
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111
BB&K (2024) 11 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
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112
BB&K (2024) 12 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
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113
BB&K (2024) 13 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
114
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: 7
SUBJECT:

A RESOLUTION AUTHORIZING MEMBERSHIP IN THE SAN BERNARDINO

REGIONAL HOUSING TRUST

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve the admission of the City of Ontario to the San Bernardino Regional Housing Trust; B
.

Adopt a Resolution to join the Joint Powers Authority Agreement; and C
.

Appoint the Mayor or his designee to serve on the Board of Directors for the San Bernardino Regional Housing Trust.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

The fully operational annual cost for the San Bernardino Regional Housing Trust is estimated at $475,000. Annual membership fees will be assessed on a pro rata basis based on the number of participating jurisdictions and their populations.

Currently, nine cities and the County have opted to participate, and the projected annual membership fee is $55,000 per jurisdiction at this level of participation. However, 18 cities and the County have signed letters of intent indicating their interest in joining the Trust. It is anticipated that most, if not all, of these jurisdictions will ultimately participate. If additional jurisdictions join, the annual membership fee is expected to decrease as operational costs are shared among more members. With broader participation, the estimated annual membership fee could decrease to $15,000-$35,000 per jurisdiction. The membership term will commence in May 2026 and will continue until terminated or the Trust is dissolved.

If approved, additional appropriations will be included at a future quarterly update to City Council for approval as needed.
115
BACKGROUND & ANALYSIS:

California is experiencing a signiﬁcant housing supply and aﬀordability crisis driven by high land costs, rising construction costs, and limited ﬁnancing options.

These challenges have localized impacts that aﬀect housing availability, homelessness, and economic conditions across communities. Addressing these issues requires coordinated actions at the local, regional, and state levels.

One regional strategy is the establishment of the San Bernardino Regional Housing Trust, which would raise and leverage funds to support aﬀordable housing production, preservation, rehabilitation, and related housing activities.

In response to growing housing challenges, the City and County Managers Technical Advisory Committee of the San Bernardino Council of Governments (SBCOG) formed an Ad Hoc Subcommittee in 2021 to explore the feasibility of creating a regional housing trust fund.

At the Subcommittee's direction, SBCOG released the San Bernardino Regional Housing Trust White Paper in January 2022, outlining the potential beneﬁts, governance structures, and case studies related to establishing a regional housing trust.

Following the release of the White Paper, SBCOG released the San Bernardino Regional Housing Trust Strategic Plan, which assessed the housing needs in the San Bernardino County, identiﬁed potential funding sources, evaluated ﬁnancing strategies, and outlined activities that the San Bernardino Regional Housing Trust could support.

Throughout 2022 and 2023, SBCOG conducted outreach across the region, engaging local decision- making bodies, city and county managers, planning staﬀ, elected oﬃcials, developers, and housing administrators regarding the San Bernardino Regional Housing Trust. Based on research and stakeholder engagement conducted, it is recommended that the housing trust serving the San Bernardino County be structured as a Joint Powers Authority consisting of local jurisdictions within the region.

On April 5, 2023, the SBCOG Board of Directors authorized staﬀ to begin the process of establishing the San Bernardino Regional Housing Trust, including the formation of a new Joint Powers Authority.

Benefits
The San Bernardino Regional Housing Trust is intended to provide a coordinated regional and programmatic approach to addressing housing needs throughout the San Bernardino region. The San Bernardino Regional Housing Trust will raise and leverage funds to support the production of affordable housing and related activities.

Participating in the Joint Powers Authority would provide several beneﬁts to participating jurisdictions, including:

Expand funding opportunities by leveraging state, federal, and private resources; Support affordable housing projects within individual jurisdictions and across the region; 116
Provide regional coordination and administrative capacity to address housing needs comprehensively;
Attract development interest to the region; and
Ensure local representation in decision-making through the Joint Powers Authority governance structure.

Overall, participation in the Joint Powers Authority would strengthen the region's ability to secure funding, coordinate resources, and advance affordable housing development.

Structure of the Joint Powers Authority
The San Bernardino Regional Housing Trust Joint Exercise of Powers Agreement has been drafted to incorporate the provisions of Senate Bill 20 (2023) and the California Joint Exercise of Powers Act.

Utilizing the provisions of Senate Bill 20 allows the San Bernardino Regional Housing Trust to be an early adopter of this legislation, drawing attention from the State Legislature and improve the San Bernardino Regional Housing Trust's ability to secure State funding. Additionally, utilizing the broader powers under the California Joint Exercise of Powers Act allows the San Bernardino Regional Trust to exercise powers common to its member agencies with greater flexibility.

The governing structure of the San Bernardino Regional Trust will consist of a Board of Directors that exercises all powers and authority on behalf of the organization. The Board of Directors will include a locally elected representative from each agency participating in the San Bernardino Regional Trust, as well as at least two housing policy experts.

Directors who serve as housing policy experts are to be selected by a vote of the Board of Directors. The Board of Directors will also elect oﬃcers such as the Chairperson and Vice Chairperson, and may establish advisory committees to support its work.

The San Bernardino Regional Housing Trust may also contract for administrative staﬀ or services as necessary. The Board of Directors is responsible for adopting bylaws, overseeing budgets, and ensuring compliance with California's Joint Exercise of Powers Act and related statutes. Board meetings will be subject to the Brown Act, ensuring transparency and public accountability.

Overall, the governance model balances representation from local governments with subject- matter expertise, while maintaining independence from the member agencies.

Staﬀ recommends that the City Council approve participation in the San Bernardino Regional Housing Trust, appoint the Mayor or his designee to serve on the Board of Directors, and authorize execution of the Resolution.
117
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING CITY

EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO MEMBERSHIP IN THE SAN BERNARDINO REGIONAL
HOUSING TRUST.

WHEREAS, The San Bernardino Regional Housing Trust (SBRHT) will be formed upon the approval of at least three qualified members as a joint powers authority between Member Agencies throughout the San Bernardino Council of Governments region (region); and

WHEREAS, SBRHT was created for the purpose of funding housing specifically assisting persons and families of extremely low -, very low -, low- and moderate-income levels within the region; and

WHEREAS, the City of Ontario is committed to increasing the supply of affordable housing and addressing the housing needs of residents across all income levels; and

WHEREAS, the City of Ontario determined that there are limited financial resources available for affordable housing development and that additional local financing will increase the competitiveness of individual projects for the State and Federal resources; and

WHEREAS, the SBRHT provides an opportunity to raise and pool funds among Member Agencies to support the development of affordable and workforce housing including the development of financing, preservation and rehabilitation of such housing ; and

WHEREAS, the City of Ontario finds it in their mutual economic interest to address the housing needs of their residents on a regional level; and

WHEREAS, the City of Ontario determined that it is in the public interest and for the public benefit that the City of Ontario become a memb er of the SBRHT to further facilitate the development of affordable housing in the City of Ontario and throughout the region, including the financing of projects executed by the SBRHT; and

WHEREAS, the City of Ontario will be joining other jurisdictions t hat are also members of the SBRHT in efforts to increase State and Federal resources for affordable housing directed to SBRHT; and

WHEREAS, the Agreement has been filed with the City of Ontario , and the members of the City Council , with the assistance of its staff, have reviewed said document; and

118
WHEREAS, the SBRHT is authorized to issue grants and loans to developers for the purpose, among others, of financing and refinancing the construction, acquisition, and rehabilitation of affordable housing; and

WHEREAS, the City anticipates there will be affordable housing projects in need of financing located in the City of Ontario; and

WHEREAS, the SBRHT shall be legally independent from City of Ontario, and its debts, liabilities, and obligations shall not co nstitute those of the City unless expressly agreed to by both parties; and

WHEREAS, local land use authority remains fully vested in City of Ontario , and nothing in the Joint Exercise of Powers Agreement nor this resolution, shall be construed to transfer, limit, or otherwise affect the City’s sovereign authority over land use decisions; and

WHEREAS, the City Council finds it to be in the best interest of the City of Ontario and its residents to join the SBRHT and support regional housing solutions; and

WHEREAS, pursuant to the Agreement, the City Council is authorized to appoint a member to serve on said Board; and

WHEREAS, the City Council finds it in the best interest of the City to appoint a qualified representative to this position; and

WHEREAS, the City Council finds that a City Council member is qualified to serve in this position and desires to appoint them to the Board.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby authorizes the City of Ontario membership in the San Bernardino Regional Housing Trust (SBRHT).

SECTION 3. The City Council reviewed and approves of the Joint Exercise of Powers Agreement substantially in Exhibit “A” of this Resolution.

SECTION 4. The City Council hereby appoints the Mayor or his designee as the qualified individual to serve on the SBRHT Board of Directors.

SECTION 5. The adoption of this Resolution shall not obligate the City of Ontario or any department thereof to (i) provide any financing to acquire, construct or operate any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning appr oval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any Project; (iii) require any contribution or advance any funds whatsoever to the SBRHT 119
other than membership fees for administrative costs; or (iv) ex cept as provided in this Resolution, take any further action with respect to the SBRHT or its membership therein.

SECTION 6. The City Council, the City Clerk and all other proper officers and officials of the City of Ontario are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

SECTION 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the SBRHT:

San Bernardino Regional Housing Trust
Attn: Monique Arellano
1170 West Third Street, 2nd Floor
San Bernardino, CA 92410

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

PASSED, APPROVED, AND ADOPTED this 5th day of May 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

120

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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held May 5, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

121

Page 1 of 12 ends

Joint Exercise of Powers Agreement

SAN BERNARDINO REGIONAL HOUSING TRUST
THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is made this [NUMBER] day of [MONTH], 2026 (“Effective Date”) pursuant to Government Code Section 6500 et seq., including but not limited to Government Code 6539.1, and other pertinent provisions of law, by and between San Bernardino County (the “County”) and those cities within San Bernardino County who become signatories to this Agreement (“Cities”), and relates to the joint exercise of powers among the signatories hereto, each of which is hereafter referred to as “Member Agency” and collectively referred to as “Member Agencies” or “Members.”

RECITALS
A. The Member Agencies have determined that a shortage of affordable housing exists as a result of various causes and wish to provide additional housing opportunities in a coordinated and comprehensive manner. The Member Agencies acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Member Agency.

B. Each Member Agency has the individual power to plan, acquire, manage, regulate, operate, finance and control the development, construction, and operations of affordable housing programs, including housing serving the workforce, moderate- and lower-income households, and those experiencing homelessness, generated within its jurisdictional boundaries, as well as to create and issue development agreements for such activities. Nothing contained in this Agreement shall preclude any Member Agency from establishing, maintaining or providing programs or services to its respective residents as it deems proper or necessary.

C. The Member Agencies find it in their mutual economic interest to address housing needs of their residents on a regional level within the boundaries of San Bernardino County.

D. The Member Agencies desire to act in the public interest to lessen the burden on government by reducing the need for each Member Agency to act individually, and to provide charitable support for housing within their geographic boundaries.

E. California Government Code Section 6500 et seq. (“Joint Exercise of Powers Act” or “Act”) permits two or more public agencies to create joint powers authorities for the purposes set forth herein, permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities.

F. California Government Code Section 6539.1 authorizes the creation of a regional housing trust pursuant to the Joint Exercise of Powers Act, subject to certain requirements regarding governing composition and annual financial and auditing requirements.

G. Local land-use decisions remain solely with each Member Agency. Nothing in this Agreement deprives any party of its sovereign powers with respect to land use nor transfers such powers to this joint powers authority.
122

Page 2 of 12 ends

NOW, THEREFORE BE IT RESOLVED that the Member Agencies do hereby establish the entity to be known as the San Bernardino Regional Housing Trust, or SBRHT, to generate and/or maintain housing, disburse funding, and take other actions that will result in permanent additions to the housing stock within SBRHT’s jurisdictional boundaries, and do hereby agree as follows:

1. Purpose.

1.1 The purpose of this Agreement is to establish a legal public entity separate from the Member Agencies that shall be responsible for the joint acquisition, management, operation, fundraising, planning, adoption, financing, administration, review, monitoring, and reporting of certain housing activities in the region for the benefit of those experiencing homelessness and extremely low-, very low-, low-, and moderate-income households, as defined in Section 50093 of the Health and Safety Code. By entering this joint powers authority Agreement, the Member Agencies seek to gain economic benefits not realized when operating individually. Further, the establishment of this joint powers authority provides for the economic viability and coordination of housing program financing and facilities throughout SBRHT’s jurisdictional boundaries.

1.2 SBRHT shall be an entity which is legally independent from the parties to this Agreement and shall be responsible for the administration of this Agreement.

1.3 The assets, rights, debts, liabilities, and obligations of SBRHT shall not constitute assets, rights, debts, liabilities, and obligations of any of the Member Agencies. However, nothing in this Agreement shall prevent any of the Member Agencies from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of SBRHT, provided that the SBRHT Board of Directors (“Board”) and the Member Agency approve, in writing signed by each party, such contract or assumption.

2. Powers.

2.1 General Powers. SBRHT shall have all the powers common to the Member Agencies of this agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1 above, subject to the restrictions set forth in Section 2.7. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code Section 6539.1.

2.2 Specific Powers. Without limiting the generality of the powers conferred in subdivision 2.1 of Section 2, SBRHT is authorized to act on any or all of the following matters, as each Member Agency could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions, and regulations:
a. Facilitate and assist the Member Agencies and others in the housing sector to acquire, construct, rehabilitate, finance, refinance, operate, regulate, and maintain affordable housing programs, projects, and facilities, as determined by the Board. 123

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b. Coordinate and collaborate with Member Agencies on funding solicitations and other opportunities for the purposes set forth in this Agreement to minimize and avoid, where possible, competition and redundancy in the pursuit of funding. c. Facilitate the planning, study, and recommendation of proper and appropriate SBRHT programs, activities, and management practices; including the research and study of issues related to housing.
d. Educate the public, Member Agencies, and other agencies and entities on SBRHT programs. e. Provide for or enter into agreements to provide for administrative, financial, construction, engineering, legal, audit, and any other professional services supporting any of the SBRHT programs or activities.
f. Solicit, apply for, accept, and receive grants, donations, advances, and contributions. g. Sue and be sued in its own name.
h. Incur and discharge debts, liabilities, and obligations which may include but shall not be limited to being in the form of secured bonds, revenue bonds, or other forms of secured or unsecured debt.
i. Issue bonds or notes and associated covenants, for designated purposes. j. Acquire or protect any necessary security or leasehold interests involved in loans, bonds, notes, or other financing methods implemented to carry out the purpose of this Agreement. k. Acquire, hold, lease, improve, construct, rehabilitate, maintain, pledge, assign, mortgage, operate, and dispose of real and personal property as may be necessary and appropriate in connection with the creation, construction, financing, development, and maintenance of certain workforce and affordable housing and the programmatic needs of SBRHT. l. Issue and receive loans.
m. Acquire such insurance protection as it deems necessary. n. Adopt resolutions and ordinances necessary to carry out the purpose of this Agreement. o. Establish advisory committees or subcommittees as necessary. p. Form wholly-owned and controlled affiliate entities to accomplish any of its purposes. q. Adopt bylaws and such other rules and procedures as may be deemed necessary. r. Convey real and/or personal property interests and/or funds. s. Any other acts necessary to carry out the above identified actions that each Member Agency is empowered to take individually.

2.3 SBRHT shall undertake, facilitate, and encourage the acquisition, creation, construction, development, and maintenance of affordable housing programs, projects, and facilities, as determined by the Board.
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2.4 SBRHT shall implement programs, financing mechanisms, and funding criteria to support and advance affordable housing opportunities within the jurisdictional boundaries of the Member Agencies. These programs may include, but are not limited to, loan and grant programs, land acquisition and disposition programs, and other initiatives designed to increase the supply, preservation, and quality of affordable housing.

2.5 SBRHT may establish criteria, policies, and guidelines governing eligibility, funding priorities, and program administration, provided such criteria are consistent with the purposes of this Agreement and applicable state and federal laws.

2.6 Equitable Member Agency Investment. The SBRHT Board shall establish criteria to allow for the equitable distribution of funds, and shall not exclude any Member Agency based on its rural, suburban, or urban character, as defined by the Board. Funding programs will not be set up as a means to impose zoning or land use changes within the boundaries of the Member Agencies.

2.7 Limitation on Powers. This Agreement does not authorize, and expressly prohibits, SBRHT to do any of the following:
a. Nothing in this Agreement shall be construed as transferring or delegating to SBRHT any land use, zoning, or development permitting power of the Member Agencies. Each member agency shall retain full and independent authority over land use decisions within its jurisdiction, including but not limited to general plan amendments, zoning classifications, entitlements, and project approvals. Any project or program funded or supported by SBRHT shall comply with the applicable general plans, zoning ordinances, and other land use regulations of the member agency within which the project is located, unless otherwise approved by the Member Agency. b. Regulate land use within the jurisdiction of any of the Member Agencies; c. Levy, or advocate or incentivize the levying of, any land use exaction, such as an impact fee, charge, dedication, reservation, or tax assessment, as a condition of approving the funding for or approval of, a development project;
d. Require inclusionary zoning requirements;
e. Fund or otherwise approve an agreement for a housing project that is not permitted by the Member Agency within whose jurisdiction the project is proposed to be located; or f. Require any Member Agency to accept or provide any specific number of housing units as a prerequisite to joining or remaining a party to this Agreement. g. Impose additional development standards for grant funding beyond what is already conditioned by another entity.
h. In the event that the SBRHT has employees, the creation of any employee pension plan or any other retirement plan other than a plan created under the federal Internal Revenue Code Sections 401(k), 403(b), 457(b), or Roth account plan.
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3. Term and Termination

3.1 This Agreement shall be effective, and SBRHT shall come into existence, on the Effective Date, which shall be the date upon which this Agreement has been approved by three eligible Member Agencies.

3.2 This Agreement shall continue until terminated or dissolved pursuant to Section 3.3 of this Agreement. However, in no event shall the Member Agencies terminate or dissolve SBRHT if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation by or on behalf of SBRHT, including, without limitation, indentures, resolutions, and letter of credit agreements.

3.3 This Agreement may be terminated by consent of a majority of the Member Agencies, and upon full and complete liquidation of all liabilities, including, but not limited to, any bonds, consistent with Section 3.2. Upon termination of this Agreement, any surplus money or assets in possession of SBRHT, after payment of all liabilities, shall be distributed to the then-existing Member Agencies in proportion to the contributions made by each.

4. Governance

4.1 Members. The Member Agencies of SBRHT shall be the parties to this agreement who have not withdrawn from SBRHT, and such other entities that may join SBRHT after execution of this Agreement. New Members may join based on the terms and conditions set forth in Section 11.

4.2 Affiliates. Entities that are eligible to be a party to this Agreement may join the SBRHT as an affiliate.

Entities that join as an affiliate are not eligible to have a member of their governing board serve on the Board of Directors, as described in Section 4.3, or receive funding for a project within their jurisdiction until such time, if ever, they become a Member of the SBRHT. An eligible entity may become an affiliate through written notice from the executive officer of the entity, but shall not be a party to this Agreement.

4.3 Board of Directors; Composition. SBRHT is governed and administered by a Board of Directors (“Board”) that shall exercise all powers and authority on behalf of SBRHT. The membership of the Board of SBRHT shall be in accordance with Government Code Section 6539.1, and as it may be amended. As currently required at execution of this Agreement, the SBRHT Board shall consist of at least five (5) Directors, as follows:
a. At least three (3) Directors shall be locally elected officials from their respective Member Agency jurisdictions, and appointed by their respective Member, and b. Each Member Agency may appoint up to one (1) Director, and c. At least two (2) Directors shall be experts in homeless or housing policy that are not elected officials of any local agency. These Director positions shall be selected by a majority vote of the elected membership of the Board prescribed in Section 4.3(a) of this Agreement, and d. A majority of Directors must be locally elected officials from their respective Member Agency jurisdiction, and
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e. Alternates for each Director position may be established by the Board of Directors, provided that such alternates meet the requirements established in this Agreement and under the bylaws adopted by the Board of Directors.

4.4 Advisory Committees. The Board may establish one or more advisory committees to advise the Board, pursuant to the bylaws.

4.5 Director Terms. The Member Agencies shall select their respective Directors for the Board no later than the Effective Date, or the effective date of the respective Member Agency entering into this Agreement, as may be applicable. Each Director shall serve a term of two years, but may be reappointed for successive two-year terms in accordance with this Agreement. At least 15 days prior to the end of a Director’s term, the respective Member Agency must select a new Director or re- select the current Director for the new term of office. There is no limit on the number of terms a Director may serve. In the event of a vacancy on the Board in a Director position originally appointed by a Member Agency pursuant to this Agreement in Section 4.3(b), that Member Agency shall appoint a replacement in accordance with the criteria of Section 4.3(a) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced. In the event of a vacancy on the Board in a Director position appointed pursuant to this Agreement in Section 4.3(c), the SBRHT Board shall appoint a replacement in accordance with the criteria of Section 4.3(c) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced.

4.6 Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors consistent with Section 8.6.

4.7 Compensation. Directors shall serve on the Board without compensation. Directors may be reimbursed for actual expenses that are approved in accordance with applicable provisions of this Agreement and SBRHT bylaws before the expenses are incurred.

5. Budgets and Financing.

5.1 The Fiscal Year of SBRHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of SBRHT shall commence on the Effective Date of this Agreement and conclude on the next June 30th.

5.2 The Board shall annually adopt an operating budget for SBRHT setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this Agreement. The payment of all SBRHT obligations is limited to the amount of appropriations allowed in SBRHT’s approved budget, except as it may be revised with the approval of a majority of the Board of Directors. The budget for SBRHT shall distinguish between administrative costs (i.e., the cost of operating SBRHT) and program costs (i.e., the financing of the programs funded or sponsored by SBRHT).

5.3 The particular Program and Program budget funded, sponsored, or operated by SBRHT, as well as the level of, and mechanisms for, the involvement of SBRHT and each Member Agency, in such 127

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Program and Program budget, shall be determined and approved by the Board. A Member Agency’s individual contribution, involvement, and role in any particular Program or the Program budget shall be mutually agreed between the Member Agency and SBRHT. By way of example only, said contributions, involvement, or role may include cash contributions, provision of services or staffing, use or transfer of title to real or personal property, pledges, guarantees, or whatever other instruments or involvement the Member Agency and SBRHT may agree to. Contributions of all kinds to the Program budget from private persons or entities and not-for-profit entities, whether their interests are represented by any Directors, are encouraged, so long as they do not cause a violation of any applicable conflicts of interest statutes, rules, or regulations.

6. Financial Management.

6.1 Pursuant to Government Code Sections 6505.5 and 6505.6, the Board shall appoint an officer of SBRHT to hold the offices of treasurer and auditor of SBRHT. This officer can be either the treasurer of a Member Agency to this Agreement or a certified public accountant. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for SBRHT required by Sections 6505, 6505.5, and 6505.6 of the Government Code, including any amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of SBRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of SBRHT. The treasurer and auditor of SBRHT shall be required to file an official bond as required by Government Code Section 6505.1 with the Board of Directors in an amount which shall be established by the Board.

Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of SBRHT.

6.2 SBRHT shall publish an Annual Financial Report that shall describe the funds received by SBRHT and the use of such funds by SBRHT. The Annual Financial Report shall describe how the funds received by SBRHT have furthered the purpose of SBRHT.

7. Additional Officers and Staffing.

7.1 It is understood that SBRHT will require the support of administrative staff. When deemed necessary, the Board may contract for officers and staff with a Member Agency, the San Bernardino Council of Governments, or other independent contractors, agents, or volunteers as the Board may deem necessary to carry out any of SBRHT’s powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in SBRHT’s budget and are appropriated by SBRHT therefore.

7.2 None of the officers, agents, or staff, if any, directly contracted by SBRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Member Agency.

7.3 The officer or staff may be delegated authority as deemed necessary or appropriate by the Board.

7.4 If SBRHT contracts with a Member Agency to provide SBRHT with administrative services through persons who are employees and/or officers of the Member Agency, then any retirement liabilities 128

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associated with that Member Agency’s employees and/or officers shall not constitute a liability of SBRHT or any other Member Agency. This shall not preclude a Member Agency providing administrative services to SBRHT pursuant to a contract with SBRHT from accounting for such salary and benefit costs when negotiating the rates that the Member will charge SBRHT for providing such services.

7.5 All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents, or employees of a Member Agency shall apply to the same extent when performing duties for SBRHT.

8. Meetings.

8.1 The Board shall schedule at least two (2) regular meetings each Fiscal Year.

8.2 Special meetings of the Board may be called by the Chairperson of the Board and otherwise in accordance with provisions of California Government Code Section 54956 and any applicable SBRHT bylaws.

8.3 All meetings of the Board shall be held subject to the provisions of California Government Code Section 54950 et seq. (the “Brown Act”) and other applicable laws of the State of California.

8.4 A quorum is established if at least a majority of Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place. Unless otherwise provided in this Agreement or otherwise defined in the Bylaws, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting. Each Director of a Member Agency shall have one vote and no weighted or proxy votes shall be permitted.

8.5 The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept as record of all meetings.

8.6 The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose.

In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson.

The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings.

8.7 The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.

9. Bylaws.

9.1 The Board shall adopt bylaws for the conduct of its affairs, provided that they are consistent with this Agreement and are appropriate in order to carry out SBRHT’s purpose. 129

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9.2 The Board may, from time to time, amend its bylaws.

10. Fees.

10.1 Member Agencies shall make annual contributions (“Administrative Fee”) towards the budgeted administrative costs of SBRHT in accordance with a cost allocation as determined and approved annually by the Board of Directors. Payment shall be due within 30 days of receipt of an invoice from SBRHT.

11. New Members.

11.1 New Member Agencies may be added to SBRHT by a majority vote of the Directors present at the meeting. Membership is effective immediately upon execution of this Agreement by the new Member Agency.

12. Withdrawal.

12.1 It is fully anticipated that each Member Agency shall participate in SBRHT until the purposes set forth in this Agreement are accomplished. A Member Agency may withdraw from SBRHT upon its governing board’s adoption of a resolution stating its intent to withdraw from SBRHT. The withdrawal of any Member Agency shall be conditioned as follows:
a. The withdrawal shall be effective at the end of the SBRHT Fiscal Year which is at least 180 days after the receipt by SBRHT of a written notice of the Member Agency’s intent to withdraw, accompanied by a copy of the governing board resolution stating the intent to withdraw; and b. Unless otherwise provided by a unanimous vote of the SBRHT Board, withdrawal shall result in the forfeiture of that Member Agency’s rights and claims relating to distribution of property and funds upon termination of SBRHT. Withdrawn Members shall not be entitled to any reimbursement of Administrative Fees.

13. Amendments.

13.1 Except as provided in Sections 11 and 12, subject to all legal obligations of SBRHT, this Agreement may be amended by a writing executed by all of the Member Agencies of SBRHT.

14. Notices.

14.1 All notices to the Member Agencies shall be deemed to have been given to the Member Agencies (1) three days after mailing when mailed, postage prepaid by United States mail, return receipt requested, or (2) at the time of delivery when delivered personally or by courier service to the Member Agency’s City or County Clerk during usual business hours at the principal office.

14.2 All notices to SBRHT shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the executive officer of SBRHT at the following address, or to such other address as may be designated to SBRHT for formal notice:
1170 W. Third Street
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2nd Floor
San Bernardino, CA 92410

15. Assignments; Other Agreements.

15.1 This Agreement shall be binding upon and shall inure to the benefit of the successors of any Member Agency. No Member Agency may assign any right or obligation hereunder without the written consent of all other Member Agencies. Participation in SBRHT is not intended to preclude Member Agencies from entering into similar agreements with other jurisdictions.

16. Severability.

16.1 Should any part, term, portion, or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Member Agencies intended to enter into in the first instance.

17. Headings.

17.1 All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.

18. Non-Liability for Obligations of SBRHT.

18.1 The debts, liabilities, and obligations of SBRHT shall not be considered the debts, liabilities, or obligations of any Member Agency or its respective officers, agents, employees, representatives, or volunteers.
a. Assignment. Each Member Agency shall assign to the SBRHT its rights, title, and interest to recover damages from any third party for Claims (as defined in Subsection d below) arising out of this Agreement, to the extent that the SBRHT has met its obligations to defend and indemnify such Member Agency pursuant to this section.
b. Survival. SBRHT’s duty to defend, indemnify, and hold harmless Member Agencies shall survive and continue in full force and effect after withdrawal of any Member from this Agreement, including as to the withdrawing Member Agency, or termination of this Agreement for any reason with respect to any Claims, as defined in 18.1.d., that occurred before the date of such withdrawal or termination.
c. Pursuant to the provisions of California Government Code Section 895 et seq., each Member Agency that is party to this Agreement shall be liable for its own negligent or wrongful acts or omissions and those of its officers, employees, and agents. d. Indemnification. The SBRHT shall defend, indemnify, and hold harmless each Member Agency, its officers, agents, employees, representatives, and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature 131

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(collectively, “Claims”) brought by a third party which arises out of or in connection with SBRHT’s acts and omissions related to its purposes set forth in this Agreement, including such third-party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative, or volunteer of SBRHT. The SBRHT’s duty to defend and indemnify under this section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions, or willful misconduct, whether in whole or part.
e. Liability Financing. The SBRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event SBRHT’s financial obligations to indemnify, defend, and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the SBRHT (hereinafter “Unfunded Liability”), the Member Agencies may provide for contribution or indemnification by any or all of the Member Agencies that are parties to the agreement upon any liability arising out of the performance of the agreement, and/or a Member Agency or Member Agencies may meet and confer with SBRHT in good faith to negotiate alternative means or mechanisms by which SBRHT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit, or waive SBRHT’s obligations of indemnity or defense to each Member Agency as first set forth above in this section. Nothing herein shall obligate any Member Agency to indemnify or hold harmless SBRHT for an Unfunded Liability or to make any contribution towards an Unfunded Liability. In no event shall any Unfunded Liability of the SBRHT be passed through to a Member Agency without the express, written, and voluntary approval of that Member Agency’s governing body via a separate instrument.

19. Governing Laws and Venues.

19.1 This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California. The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted and maintained exclusively in the state within the County of San Bernardino, California.

Each party irrevocably submits to the personal and subject matter jurisdiction of such courts and waives any objection to venue or forum non conveniens with respect to actions brought in those courts.

20. Confirmation of Jurisdictional Authority.

20.1 By signing this Agreement, the Member Agencies retain all jurisdictional authority granted to them by the State and/or their respective Charters. The powers and/or authority granted to SBRHT pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.

IN WITNESS WHEREOF, the parties hereto by their duly authorized representative, have affixed their signatures on this Agreement, effective as of the date first stated above. 132

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MEMBER AGENCY: [ENTER MEMBER AGENCY NAME]
By: ___________________________
[INSERT Name of Authorized Signatory, Title]
Attest: ________________________
[INSERT Name of Witness (e.g. Clerk), Title]
MEMBER AGENCY:

By: ___________________________
[INSERT Name Authorized Signatory, Title]
Attest: ________________________
[INSERT Name of Witness (e.g. Clerk), Title]
133
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam
Approved By:

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

AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM

BUSINESS PRODUCTS FOR THE ONTARIO SPORTS EMPIRE

CITY OF ONTARIO
Agenda Report
May
5, 2026
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 are 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 recommended contract with Info-Com Business products is in the amount of $15,741,575 plus a 10% contingency of $1,574,158, for a total not-to-exceed contract amount of $17,315,733. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Capital Project Funds for the Ontario Sports Empire Project.

BACKGROUND & ANALYSIS:

On May 20, 2025, the City Council awarded 24 construction contracts for the development of the Ontario Sports Empire. The Ontario Sports Empire will feature 12 multi- purpose ﬁelds and eight multi-purpose baseball/softball ﬁelds. Construction is currently underway, and the facility is scheduled to open in October 2026.

To support the completion and operation of the facility, the proposed cooperative purchase agreement with Info-Com Business Products includes the purchase and installation of interior and 134
exterior furnishings and equipment throughout the complex. Proposed items include oﬃce workstations, desks, seating, conference and meeting room furniture, lobby and lounge furnishings, storage cabinets, lockers, breakroom furnishings, outdoor tables and chairs, shade furnishings, benches, site receptacles, and other amenities necessary for administrative, spectator, and public gathering areas.

Staﬀ recommends approval of the furniture purchase and installation to ensure the facility is fully equipped and ready for its scheduled opening.
135
46700.00920\44913364.1
(BB&K 2024) - 1 - Goods and Services Agreement

CITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Margaret C. Pett, Inc. DBA Info-Com Business Products, a Corporation with its principal place of business at 1472 Morada Place, Altadena, CA 91001 (“Vendor”). City and Vendor are s ometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractor s have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. Vendor 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 Ontario Sports Empire (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

PAUL S. LEON
MAYOR
ALAN
D. WAPNER

MAYOR PRO TEM
JIM W
. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAM
ES R. MILHISER

CITY TREASURER
SC

OTT OCHOA

CITY MANAGER
136
46700.00920\44913364.1
(BB&K 2024) - 2 - Goods and Services Agreement

1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

2. TERM.

2. 1 The term of this Agreement shall be from May 5, 2026, to January 15, 2027 , unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.

3. FEES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifteen Million Seven Hundred Forty - O ne Thousand Five Hundred Seventy - Five Dollars ($15,741,575) 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.

3.2 Payment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City ’s Representative.

3.5 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. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor 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 Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to 137
46700.00920\44913364.1
(BB&K 2024) - 3 - Goods and Services Agreement

which Vendor is not entitled; and (3) Vendor 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 Vendor is not entitled.

4. RESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor ’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

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

4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other 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 Vendor to any additional compensation. 138
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Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

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

4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services as signed to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services , a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be r e-employed to perform any of the Services provided under this Agreement.

4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City ; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants 139
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that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 Reserved.

4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.

4.10 Laws and Regulations; Employee/Labor Certifications . Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner a ffecting its performance under this Agreement , including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor ’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections. 140
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4.10.2 Employment Eligibility; Subcontractors, and Consultants . To the same extent and under the same conditions as Vendor , Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4 .10.1 or 4. 10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

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

4.10.5 Equal Opportunity Employment . Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor , 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. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements ’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.

4.10.7 Water Quality.

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of polluta nts, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. 141
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4.10.7.2 Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirem ents imposed as a result of Vendor ’s non - compliance with the laws, regulations and policies described in this Section, unless such non - compliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractor s will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

5. PROJECT MANAGEMENT

5.1 City’s Representative . The City hereby designates Daniel Beers , Design & Construction Director, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

5.2 Vendor’s Representative. Vendor hereby designates Margaret Pett , Project Manager, or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. INSURANCE.

6.1 Time for Compliance. Vendor shall not commence w ork under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractor s. Vendor shall also require all of its subcontractor s to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer ’s Liability Insurance. The policy shal l not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

6.2.3 Manufacturer of Goods . If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6.2.4 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

6.2.5 Additional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as a dditional insureds on Vendor ’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.3 Insurance Endorsements . The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
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6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor , including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City ’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled underlying coverage. Any insurance , deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional ins ureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

6.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City , its directors, officials , officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

6.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In 144
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addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.5 Deductibles and Self -Insurance Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

6.6 Subcontractor Insurance Requirements . Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor , the City may approve different scopes or minimum limits of insurance for particular subcontractor s. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

6.7 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6.8 Verification of Coverage . Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.9 Reporting of Claims. Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.

7. INDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining 145
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to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connecti on with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

7.2 Additional Indemnity Obligations . Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor ’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. CALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor 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 Vendor’s principal place of business and at the projec t site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. Since the Services are being performed as part of an applicable “public works ” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor . Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exempt ion specified in Labor Code Sections 1725.5 and 1771.1.
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8.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor ’s performance of Services, including any delay, shall be Vendor ’s sole responsibility. Any delay arising out of or resulting fr om such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.

9. SAFETY.

Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its s ervices, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

10. A
CCOUNTING RECORDS.

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

11. T
ERMINATION OF AGREEMENT.

11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods , the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods , Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.

The rights and remedies of the City provided in this S ection shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 147
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(BB&K 2024) - 13 - Goods and Services Agreement

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

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

12. GENERAL PROVISIONS.

12.1 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:

Vendor:

Info -Com Business Products
1472 Morada Place
Altadena, CA 91001
Attn: Margaret Pett, Project Manager
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Daniel Beers, Design & Construction Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disput ed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City. 148
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(BB&K 2024) - 14 - Goods and Services Agreement

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

12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.

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

12.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transf erees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

12.10 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.

12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section

12.7, there ar e no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor , to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor , any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of 149
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(BB&K 2024) - 15 - Goods and Services Agreement

this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12.14 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.

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

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

12.17 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. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES ON NEXT PAGE

150
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(BB&K 2024) - 16 - Goods and Services Agreement

SIGNATURE PAGE FOR THE GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND MARGARET C. PETT, INC. DBA INFO – COM BUSINESS PRODUCTS IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO Margaret C. Pett, Inc. dba Info – Com
Business Products
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[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:

Assistant City Clerk
151
46700.00920\44913364.1
(BB&K 2024) Exhibit A-1 Goods and Services Agreement

EXHIBIT “A”

SCOPE OF SERVICES

152
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(BB&K 2024) Exhibit A-2 Goods and Services Agreement

153
46700.00920\44913364.1
(BB&K 2024) Exhibit A-3 Goods and Services Agreement

154
46700.00920\44913364.1
(BB&K 2024) Exhibit A-4 Goods and Services Agreement

155
46700.00920\44913364.1
(BB&K 2024) Exhibit A-5 Goods and Services Agreement

156
46700.00920\44913364.1
(BB&K 2024) Exhibit A-6 Goods and Services Agreement

157
46700.00920\44913364.1
(BB&K 2024) Exhibit A-7 Goods and Services Agreement

158
46700.00920\44913364.1
(BB&K 2024) Exhibit B-1 Goods and Services Agreement

EXHIBIT “B”

SCHEDULE OF SERVICES
MAY 5, 2026, TO JANUARY 15, 2027

159

EXHIBIT “C”

COMPENSATION
NTE $15,741,575
160
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam
Approved By:

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

AWARD OF FOUR CONSTRUCTION CONTRACTS (STEEL, CONCRETE, SITE

UTILITIES, ELECTRICAL) AND APPROVAL OF AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH RMA GROUP FOR THE FLIGHT

TOWER RESTAURANT PROJECT

CITY OF ONTARIO
Agenda Report
May
5, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute four Construction Contracts to provide various construction services for Bid No. 1985 - D&C25-004 – Flight Tower Restaurant (Steel, Concrete, Site Utilities, Electrical) located at ONT Field, in the amount of $6,029,470 and authorize a combined contingency of $1,000,000 for a total not-to-exceed contract amount of $7,029,470,
1 .
02 – Structural Steel – KCB Towers, Inc.: $2,687,675
2 .
03 – Concrete – Pacific Southwest Structures, Inc.: $2,517,095 3 .
04 – Site Utilities – Continental Plumbing, Inc.: $425,000 4 .
05 - Electrical – Rancho Pacific Electric Construction, Inc.: $399,700; and B
.

Reject the bid protest from RCCI DBA Ramirez Company for D&C25-004 – Flight Tower Restaurant (Steel, Concrete, Site Utilities, Electrical) as it is without merit; 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. 161
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Four (4) Construction Contracts- Flight Tower Restaurant:

The Fiscal Year 2025-26 Adopted
Budget includes appropriations in the Capital Project Funds for the Flight Tower Restaurant at ONT Field. The proposed contract award to the four contractors for the construction of the D&C25-004 Flight Tower Restaurant is in the amount of $6,029,470 plus a combined contingency of $1,000,000 for a total not-to-exceed contract amount of $7,029,470.

RMA Group:

The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Capital Project Funds for the Flight Tower Restaurant at ONT Field. The proposed Amendment No. 5 to the Professional Services Agreement with RMA Group for on-call geotechnical consulting, materials testing and special inspection for the Flight Tower Restaurant is in the amount of $107,118 for a total not-to-exceed contract amount of $5,643,363.

BACKGROUND & ANALYSIS:

On April 9, 2026, eighteen bids were received for Bid No. 1985 - D&C25-004 – Flight Tower Restaurant. Below is a list of the lowest responsible/responsive bids received:

Bid Package No.

Bidder
Location
Amount
02 - Structural Steel
KCB Towers, Inc.

Banning, CA
$2,687,675
03 - Concrete
Pacific Southwest
Structures
Lemon Grove, CA
$2,517,095
04 - Site Utilities
Continental Plumbing,
Inc.

Jurupa Valley, CA
$425,000
05 - Electrical
Rancho Pacific Electric
Construction, Inc.

Rancho Cucamonga, CA
$399,700

Tilden-Coil Constructors, Inc., the City’s Construction Management Company for the Flight Tower Restaurant, and City Staﬀ reviewed each bid, each company’s qualiﬁcations, and responsiveness to the bid requirements. Based on the credentials, pricing, and reference checks, Staﬀ recommends awarding Construction Contract D&C25-004 Flight Tower Restaurant to all the above referenced companies.

For Bid Package No. 03-Concrete, Horizons Construction Co. International, Inc. submitted the apparent low bid; however, the bid was determined to be non-responsive due to material omissions in the bid documents and was therefore substantively deﬁcient. As a result, Horizons Construction Co. International, Inc. is recommended to be deemed non-responsive, and award of the contract is recommended to the next lowest responsive and responsible bidder, Paciﬁc Southwest Structures.

162
On April 10, 2026, the City received a bid protest from RCCI alleging that Horizons Construction Co.

International, Inc., Paciﬁc Southwest Structures, and Gonsalves & Santucci, Inc. dba Conco were non-responsive based on not meeting the subcontractor listing requirements, and asserting RCCI should be deemed the lowest bidder. After review, City Staﬀ issued a response concluding the protest was without merit and conﬁrming that Paciﬁc Southwest Structures remains the lowest responsive and responsible bidder.

On May 2, 2023, the City Council approved a Professional Services Agreement with RMA Group.

RMA Group performed the special inspection for the ONT Field. The construction of the Flight Tower Restaurant requires geotechnical consulting, materials testing, and special inspection. Staﬀ recommends approving Amendment No. 5 to the Professional Services Agreement with RMA Group due to its familiarity with the project.
163

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant – Structural Steel 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 KCB Towers, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

Flight Tower Restaurant - Structural Steel
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 373 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 Two Million Six Hundred Eighty-Seven Thousand Six Hundred Seventy-Five Dollars ($2,687,675). Payment shall be made as set forth in the General PAUL S. LEON
MAYOR

ALAN WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
164
Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the 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 $10,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section d oes not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 165
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

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]

166
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
ATT
EST:

By:

Sheila Mautz, Cit y Clerk
APPRO
VED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
KCB Towers, Inc.

By:

Its:

Printed Name:
[D

ELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
EN

D OF CONTRACT
167

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant – Concrete 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 Pacific Southwest Structures, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Flight Tower Restaurant - Concrete
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.

ARTICLE 3. CONTRACT PRICE.

ALAN WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
168
Ninety-Five Dollars ($2,517,095). 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.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 169
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

170
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
Pacific Southwest Structures, Inc.

By:

Its:

Printed Name:
[

DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
E

ND OF CONTRACT
171

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant – Site Utilities 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 Continental Plumbing, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Flight Tower Restaurant – Site Utilities
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.

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 Four Hundred Twenty-Five Thousand Dollars ($425,000). 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.

PAUL S. LEON
MAYOR

ALAN WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
172
ARTICLE 4. LIQUIDATED DAMAGES.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, 173
the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

174
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
Continental Plumbing, Inc.

By:

Its:

Printed Name:
[

DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
E

ND OF CONTRACT
175

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C25-004 Flight Tower Restaurant – Electrical 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 Rancho Pacific Electric Construction, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Flight Tower Restaurant – Electrical
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.

ARTICLE 3. CONTRACT PRICE.

ALAN WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
176
Dollars ($399,700). 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.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Scope of Work Summary
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 177
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

178
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
ATT
EST:

By:

Sheila Mautz, Cit y Clerk
APPRO
VED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Rancho Pacific Electric Construction, Inc.

By:

Its:

Printed Name:
[D

ELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
END

OF CONTRACT
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BB&K 2020

AM
ENDMENT NO. 5 TO

THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CERTERRA RMA GROUP DBA RMA GROUP

1. P
arties and Date.

Th
is Amendment No. 5 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Certerra RMA Group dba RMA Group, a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “On - Call Material Testing & Geotechnical Engineering Services” dated May 2, 2023 (“Agreement”).

2.2 Amendment Purpose. T he City and Consultant desire to amend the A greement to exercise the two option years, include compaction testing, fenestration testing and special inspection for D&C25-004 Flight Tower Restaurant and increase the amount by $107,118 for a new not -to- exceed amount of $5,643,363. The Parties have heretofore entered into that Amendment No. 1 dated October 15, 2024, Amendment No. 2 dated November 18, 2025, Amendment No. 3 dated January 20, 2026, and Amendment No. 4 dated March 3, 2026.
.

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

3.7.14 of the Agreement.

3. T
erms.

3.1 Amendment . Sections 3.1.1 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“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 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
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BB&K 2020

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.” All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.” “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.” The total compensation shall not exceed Five Million Six Hundred Forty-Three Thousand and Three Hundred Sixty- Three Dollars ($5,643,363) 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.”
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.

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the d ate of this Amendment No. 5 , whenever the term “Agreement” ap pears in the Agreement, it sh all mean the Agreement as amended by this Amendment No. 5.

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. 5.

3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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Ontario City CouncilMay 5, 2026

Ontario City Council
May 5, 2026