Agenda packet — Ontario City Council, June 2, 2026 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JUNE
2, 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
Teleconferencing Location:

Hollis Quick Offices
288 S. Merrimack Rd.

Hollis, NH 03049

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time.

To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

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

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

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

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

ACCOMMODATIONS

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

ORDER OF BUSINESS

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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.

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Ontario Police Officers Association, Ontario Police Management Group, Ontario Professional Fireﬁghters Association Local 1430, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

ATTACHMENT:

20260602 Closed Session
Ontario Fire Management Group, Department Heads, Executives, AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, and Part-time Employees.

PLEDGE OF ALLEGIANCE
Council Member Macias

INVOCATION
Senior Pastor Dr. Brian E. Kennedy, Mt. Zion Church of Ontario

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONY

TWENTY-SIXTH ANNUAL MODEL COLONY AWARDS
That the City Council present the 2026 “Model Colony” Awards for Historic Preservation PUBLIC COMMENTS 6:30 P.M.

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

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

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.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20260421 Meeting Minutes (Not Official Until Approved)

ATTACHMENT:

20260505 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A CONSTRUCTION CONTRACT WITH GARCON CONSTRUCTION, INC. FOR THE REAP 2.0 -

MISSION BOULEVARD SIDEWALK IMPROVEMENT PROJECT

ATTACHMENT:

REAP 2.0 - Mission Boulevard Sidewalk Improvement Project - Draft Contract.pdf

ATTACHMENT:

Exhibit A - Location Map.pdf

4. A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

CONSENT CALENDAR

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

Minutes for the regular meetings of the City Council and Housing Authority of April 21, 2026, and regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of May 5, 2026, and approving same as on ﬁle in the Records Management Department.

Bills April 17, 2026 through May 14, 2026, and Payroll April 5, 2026 through May 2, 2026.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Construction Contract with Garcon Construction, Inc., of Ontario, California, for the REAP 2.0 - Mission Boulevard Sidewalk Improvement Project in the amount of $145,874, plus a 10% contingency of $14,587 for a total not-to-exceed contract amount of $160,461; and B
.

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

That the City Council authorize the City Manager, or his designee, to adopt a Resolution approving the Fiscal Year 2026-27 Project List for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017.

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

ATTACHMENT:

Road Maintenance and Rehabilitation Account_02_RESO_RM

ATTACHMENT:

Exhibit A-Road Maintenance and Rehabilitation Account.pdf

5. A SOLE SOURCE AGREEMENT FOR A LIBRARY CATALOGING TOOL SUBSCRIPTION,

INTERLIBRARY LOAN MANAGEMENT TOOL SUBSCRIPTION, AND LICENSING OF E-BOOKS

AND E-AUDIOBOOKS

ATTACHMENT:

OCLC_Agreement.pdf

6. AN AMENDMENT TO THE PUBLIC SERVICES AGREEMENT WITH PRIMA PARTNERS

CONSULTING, LLC FOR STATE ADVOCACY SERVICES

ATTACHMENT:

Prima Partners No.1A.pdf

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR FEDERAL ADVOCACY SERVICES

ATTACHMENT:

Townsend No.2A.pdf

8. A CONSTRUCTION CONTRACT WITH TUNNELWORKS SERVICES, INC., FOR THE SEWER

CURED-IN-PLACE PIPE (CIPP) LINING REHABILITATION PROJECT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

That the City Council authorize the City Manager, or his designee, to execute a three-year sole source agreement with OCLC, Inc. of Dublin, Ohio, with a not-to-exceed amount of $292,837.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Prima Partners Consulting, LLC, for State Advocacy Services, in the amount of $120,000 for a new total not-to-exceed agreement amount of $240,000 and to extend the agreement for an additional one-year term.

That the City Council authorize the City Manager, or his designee, to execute the Amendment No. 2 to the Professional Services Agreement with Townsend Public Aﬀairs, Inc., of Newport Beach, California, for Federal Advocacy Services in the amount of $84,000, increasing the total not-to-exceed agreement amount to $190,500 and to extend the agreement for an additional one-year term.

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award a Construction Contract with TunnelWorks Services, Inc., of Whittier, California, for Contract No. UT1080 Sewer Cured- In-Place Pipe (CIPP) Lining Rehabilitation Project in the amount of $3,180,240 plus a 15% contingency of $477,036, for a total not-to-exceed amount of $3,657,276 and a term of 365 calendar days after issuance of notice to proceed, and authorize the City Manager, or designee, to execute said contract and ﬁle a notice of completion at the conclusion of construction activities related to the project.

B
.

Reject the bid protest from Performance Pipeline Technologies against Tunnelworks CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

20260602 CC with Tunnelworks 01 AGMT.pdf

ATTACHMENT:

Exhibit A.pdf

9. AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH ENVISIO SOLUTIONS, INC.

FOR PERFORMANCE MANAGEMENT AND STRATEGIC PLANNING SOFTWARE SERVICES

ATTACHMENT:

Envisio Amendment No.4.pdf

10. GRANT FUNDING CONTINUATION FROM OMNITRANS MEASURE I FOR THE ONTARIO SILVER S.T.A.R.S. PROGRAM FOR 2026-2028

ATTACHMENT:

View_Award_Proposal.pdf

ATTACHMENT:

Ontario Funding Agreement & Cont. Expansion.pdf

11. AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE 20/20

NETWORK FOR STRATEGIC COMMUNICATIONS AND PUBLIC AFFAIRS CONSULTING

ATTACHMENT:

Lambert No.3.docx

12. A RENEWAL WITH SUITEBRIAR, INC, FOR THE ASANA SOFTWARE ENTERPRISE MODULE

ATTACHMENT:

City of Ontario_ Asana renewal 2026.pdf

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DATA CONSULTING AND IMPLEMENTATION SERVICES WITH RESULTANT, LLC.

Services, Inc. as without merit.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 4 to the Master Services Agreement with Envisio Solutions, Inc. for continued performance management and strategic planning software services in the amount of $170,625, increasing the total not-to-exceed agreement amount to $306,025 and extending the term through June 18, 2031.

That the City Council authorize the City Manager, or his designee, to execute grant documents and accept a $1,156,851 Omnitrans Measure I continuation grant for July 2026 through June 2028 to fund the Ontario Silver S.T.A.R.S. Program.

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Lambert 20/20 Communications, Inc., dba The 20/20 Network, of Claremont, California, for strategic communications and public aﬀairs consulting services, in the amount of $60,000, for a revised total not-to-exceed contract amount of $352,000, and to extend the term through June 30, 2027.

That the City Council approve and authorize the City Manager, or his designee, to execute the renewal with Suitebriar, of Herdon, Virginia, for the use of the Asana Enterprise module in the amount of $496,125, for a total contract amount not to exceed $922,261 for a three-year term.

That the City Council authorize the City Manager or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Resultant, LLC of Indianapolis, Indiana, increasing the authorized contract amount by $200,000 for a total contract amount not to exceed CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

Amendment 1_Resultant_Professional Services Agreement.pdf

14. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20526 LOCATED ON THE SOUTHEAST CORNER OF MISSION

BOULEVARD AND SULTANA AVENUE

ATTACHMENT:

Parcel Map No. 20526 01 EXH A.pdf

ATTACHMENT:

Parcel Map No. 20526_02_RESO_RM

ATTACHMENT:

Parcel Map No. 20526 03 SIA.pdf

15. A CONSTRUCTION CONTRACT FOR CITY'S BROADBAND FIBER CONDUIT INSTALLATION SERVING AREA 05 SYSTEM BUILD - PHASE I

ATTACHMENT:

Exhibit A_Serving Area 05 I Map.pdf

ATTACHMENT:

Construction Contract_Pramira Inc.docx

16. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES TO PUBLIC CLIENTS

ATTACHMENT:

Amendment 1 All City Management MSM Rev 05 28 2026 .pdf

$500,000 and an additional two-year term.

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Parcel Map No. 20526, located on the southeast corner of Mission Boulevard and Sultana Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20526

GENERALLY LOCATED AT THE SOUTHEAST CORNER OF MISSION BOULEVARD AND SULTANA AVENUE.

That the City Council take the following actions:

A
.

Approve Construction Contract No. BB-2026-001, FY 2025-26 City Fiber Conduit Installation - Serving Area 05 System Build - Phase I (on ﬁle in the Records Management Department), to Pramira, Inc. of Brea, California, to provide ﬁber optic conduit installation services in the amount of $893,779 plus a ten percent (10%) contingency of $89,378 for a total authorized expenditure of $983,157; and B
.

Authorize the City Manager or designee to execute said contract and all documents required for the completion of the project, including, but not limited to, purchase orders, contracts, agreements, easements, reduction of retention accounts, and the ﬁling of a Notice of Completion at the conclusion of all related work .

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with All City Management Services, Inc., of Santa Fe Springs, California, for crossing guard services to extend the agreement by two additional one- year terms and increase the contract amount by $1,758,319, for a total not-to-exceed contract amount of $4,987,973.

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

17. AN AGREEMENT WITH TRIMBLE INC, FOR THE TRIMBLE UNITY MAINTAIN WORK ORDER

AND ASSET MANAGEMENT SYSTEM, FOR PUBLIC WORKS AND ONTARIO MUNICIPAL

UTILITIES COMPANY

ATTACHMENT:

Trimble_Final_2026-05-14_Ontario_ CA_Maintain Elite Unlimited Suite_Order Form and Terms v4.0 5.pdf

18. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP, INC.,

FOR THE ONTARIO MUSEUM OF HISTORY AND ART LANDSCAPE RENOVATION PROJECT

ATTACHMENT:

2. Amendment SWA No. 1.pdf

19. A GOODS AND SERVICES AGREEMENT WITH FLASHPARKING, INC. FOR THE VINEYARD

PARKING STRUCTURE PROJECT

ATTACHMENT:

Flashparking- Proposal

ATTACHMENT:

Master Services Agreement
That the City Council approve and authorize the City Manager, or his designee, to execute the Trimble Unity Maintain work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) with Trimble Inc, of Westminster, Colorado, for a total contract amount not-to-exceed $1,043,382 for a five-year term.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., of Laguna Beach, California, for on-call Landscape Architectural Services for the Ontario Museum of History and Art Landscape Renovation Project in the amount of $193,300 for a total not-to-exceed contract amount of $293,300 and extend the agreement for an additional one-year term; and
B
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Goods and Services Agreement with Flashparking, Inc., of Austin, Texas, for the Vineyard Parking Structure Project in the amount of $213,154 plus a 15% contingency of $31,973, for a total not-to-exceed contract amount of $245,127 consistent with the terms and conditions of the Publicly Solicited Contract #PS24290; and
B
.

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

ATTACHMENT:

2. Goods and Services Agreement - FlashParking.pdf

20. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR

THE SPORTS COMPLEX OFFSITE IMPROVEMENTS PROJECT

ATTACHMENT:

Ardurra Group Inc. - Amendment No. 5.pdf

21. A CONSTRUCTION CONTRACT WITH ELEGANT CONSTRUCTION INC., FOR THE MUSEUM

NORTH WING GALLERY PROJECT

ATTACHMENT:

PWA DC23-009 North Wing Gallery Contract.pdf

22. JAY LITTLETON BALL PARK

23. A PROFESSIONAL SERVICES AGREEMENT WITH

NORTHPOINT

CONSULTING,
INC., F
OR THE

EVALUATION OF WASTEWATER A

ND RECYCLED WATER SERVICE ALTERNATIVES
That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 5 to the Design Services Agreement with Ardurra Group, Inc., of Newport Beach, California, for the Sports Complex Oﬀsite Improvements Project in the amount of $664,696 for a total not- to-exceed contract amount of $5,776,771; and
B
.

That the City Council take the following actions:

A
.

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

D&C23-009 with Elegant Construction Inc., of Irvine, California for the Museum North Wing Gallery project in the amount of $1,517,000 plus a 20% contingency of $303,400 for a total not-to-exceed contract amount of $1,820,400; and B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, 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 his designee, to execute all required agreements and contracts to open Jay Littleton Ball Park for minimum baseball services.

That the City Council approve and authorize the City Manager, or designee, to execute the Professional Services Agreement with NorthPoint Consulting, Inc., of Arcata, California, for the Evaluation of Wastewater and Recycled Water Service Alternatives for a total not-to-exceed contract amount of $419,700 and a term from July 1, 2026 to December 31, 2027.

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

ATTACHMENT:

20260325 PSA with NorthPoint Consulting Group 01 AGMT.pdf

24. PROFESSIONAL SERVICES AGREEMENT WITH NOSSAMAN LLP FOR LEGAL AND TECHNICAL

SERVICES PERTAINING TO WATER AND WASTEWATER MATTERS

ATTACHMENT:

20260427 Nossaman Engagment Agreement.pdf

25. A DESIGN SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC., FOR

THE FEASIBILITY STUDY AND PRELIMINARY DESIGN REPORT OF THE JOHN GALVIN PARK

WATER TREATMENT PLANT UPGRADES PROJECT

ATTACHMENT:

Exhibit A.pdf

ATTACHMENT:

20260602 DSA with Pacific Advanced 01 AGMT.pdf

26. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA25-004) BETWEEN THE CITY OF ONTARIO, SLV

LC CENTER LLC, HCW LC CENTER LLC, STRACK FARMS LAND LLC, RHV EDISON AVE LLC, MV EDISON AVE LLC, AND EPC HOLDINGS 938 LLC
That the City Council approve and authorize the City Manager, or designee, to execute a two- year Professional Services Agreement with Nossaman LLP of Los Angeles, California, for legal and technical services relating to sewer disposal, water supply, and water rights for a not-to- exceed contract amount of $3,700,000 for Fiscal Years 2026-27 and 2027-28 and a term from July 1, 2026 thru June 30, 2028.

That the City Council approve and authorize the City Manager, or designee, to execute a Design Services Agreement with Paciﬁc Advanced Civil Engineering, Inc. (PACE) of Fountain Valley, California, to provide professional engineering design services for the John Galvin Park Water Treatment Plant Upgrades

Project, Contract No. UT1089, for an amount of $186,565 plus a 10% contingency of $18,657 for a total not-to-exceed amount of $205,222, and a term from June 2, 2026 to December 31, 2029.

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 introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA25-004) between the City of Ontario, SLV LC Center LLC, HCW LC Center LLC, Strack Farms Land LLC, RHV Edison Ave LLC, MV Edison Ave LLC, and EPC Holdings 938 LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25-004, A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF ONTARIO AND SLV LC CENTER LLC, HCW LC CENTER LLC, STRACK CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

File No. PDA25-004_Risewell Homes_01_EXH A&B.pdf

ATTACHMENT:

File No. PDA25-004 Risewell Homes 02 ORD_RM

ATTACHMENT:

File No. PDA25-004_Risewell Homes_03_DEV_AGR.doc

27. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT ONTARIO RANCH FACILITIES); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES
FARMS LAND LLC, RHV EDISON AVE LLC, MV EDISON AVE LLC, AND EPC HOLDINGS 938, LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP NO. 20779 (FILE NO. PMTT25-007), LOCATED ON THE NORTHWEST CORNER OF HAMNER AVENUE AND LADYBUG PASEO WITHIN PLANNING AREA 10A OF THE RICH-HAVEN SPECIFIC PLAN. (APN:
0218-211-40).

That the City Council consider and:

A
.

Adopt a Resolution of Formation of Community Facilities District No. 77 (The Resort at Ontario Ranch Facilities), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established;
B
.

Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 77 (The Resort at Ontario Ranch Facilities); C
.

Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 77 (The Resort at Ontario Ranch Facilities); D
.

Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E
.

Introduce and waive further reading of an Ordinance levying special tax within City of Ontario Community Facilities District No. 77 (The Resort at Ontario Ranch Facilities); F
.

Adopt a Resolution authorizing the execution and delivery of an acquisition and funding agreement with SL Ontario Development Company, LLC ("SLODC"); and G
.

Adopt a Resolution making a declaration of oﬃcial intent to reimburse expenditures for costs of facilities with bond proceeds and related actions.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT ONTARIO

RANCH FACILITIES), PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED

TO LEVY A SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11

ATTACHMENT:

CFD 77 The Resort at Ontario_Ranch_01_RESO-Formation_RM

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch Facilities 01A EXH B RMA.pdf

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 02 RESO Deeming_Necessity_RM

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 03 RESO Calling_Election_RM

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 04 RESO
Declaring_Results_of_Election_RM

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 05 ORD Levy Tax_RM

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 06 Reso Authorizing Acquisition Agmnt

ATTACHMENT:

CFD 77 The Resort at Ontario Ranch 09 RESO Reimbursement_RM

28. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY TO ACQUIRE

BY EMINENT DOMAIN A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1207 AND 1217 EAST HOLT BOULEVARD, CITY OF ONTARIO, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR'S PARCEL NOS. 0110-061-10 AND 0110-061-21 FOR THE GROVE AND HOLT

HOUSING PROJECT
RESORT AT ONTARIO RANCH FACILITIES).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT ONTARIO RANCH FACILITIES).

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

THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH SL ONTARIO DEVELOPMENT COMPANY, LLC.

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

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

That the City Council:

A. Consider adopting a Resolution of Necessity for the Grove and Holt Housing Project and provide each party with an interest in the aﬀected property, their attorneys or representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; B. Make the following findings as hereinafter described in this report:
(1) The public interest and necessity require the proposed project; (2) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
(3) The real property to be acquired is necessary for the project; (4) The offers of just compensation have been made to the property owners; and C. Adopt a Resolution of Necessity declaring that the acquisition by eminent domain of a fee CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

ATTACHMENT:

Grove and Holt Exhibit 1 to Staff Report 01.docx

ATTACHMENT:

Grove and Holt Housing Project Resolution_1_02_RM

ATTACHMENT:

Grove and Holt Housing Project Exhibit 1 to Reso 1 03.pdf

ATTACHMENT:

Grove and Holt Housing Project Resolution 2 04-RM

ATTACHMENT:

Grove and Holt Housing Project Exhibit 1 to Reso 2 05.pdf

ATTACHMENT:

Grove and Holt Housing Project Notice to Owner 1 06.docx

ATTACHMENT:

Grove and Holt Housing Project Notice to Owner 2 07.docx

ATTACHMENT:

Grove and Holt Housing Project Memorandum 08.docx

29. A PUBLIC HEARING TO RECEIVE AND RESPOND TO PUBLIC COMMENTS ON THE DRAFT 202
5 URBAN WATER MANAGEMENT PLAN, DRAFT WATER SHORTAGE CONTINGENCY PLAN,
AND RESOLUTIONS ADOPTING THE 202
5 URBAN WATER MANAGEMENT PLAN AND

WATER SHORTAGE CONTINGENCY PLAN

ATTACHMENT:

2025 Urban Water Management Plan 01_RESO_RM

ATTACHMENT:

Exhibit A 2025 Urban Management Plan_02 Reso.pdf

ATTACHMENT:

2025 Water Shortage Contingency Plan 03_RESO_RM
simple interest in certain real property, more particularly described as Assessor’s Parcel Nos. 0110-061-10 and 0110-061-21 (the “Property”), is necessary for the Grove and Holt Housing Project in Ontario, California (the “Project”).

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

FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1207 EAST HOLT BOULEVARD, IN THE CITY OF ONTARIO, COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS ASSESSOR’S PARCEL NO. 0110-061-10-0000, FOR THE GROVE AND HOLT HOUSING PROJECT, IN ONTARIO, CALIFORNIA.

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

FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1217 EAST HOLT BOULEVARD, IN THE CITY OF ONTARIO, COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS ASSESSOR’S PARCEL NOS. 0110-061-21-0000, FOR THE BON VIEW AND HOLT HOUSING PROJECT, IN ONTARIO, CALIFORNIA.

That the City Council:

A
.

Conduct a public hearing to receive and respond to Public Comments on the Draft 2025 Urban Water Management Plan and Draft Water Shortage Contingency Plan.

B
.

Adopt Resolutions adopting the 2025 Urban Water Management Plan and Water Shortage Contingency Plan.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN (UWMP).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A WATER SHORTAGE CONTINGENCY PLAN (WSCP).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13

ATTACHMENT:

20260602 Exhibit A Water Shortage Contingency Plan Reso.pdf

30. A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND SAN

BERNARDINO COUNTY

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That City Council approve a Purchase and Sale Agreement ("Agreement") (On File with Records Management) for the property consisting of approximately 73.19 acres, located at the southwest corner of Bon View Avenue and Eucalyptus Avenue ("Site"), and authorize the City Manager or his designee, to ﬁnalize and implement non-substantive revisions to the Purchase Agreement, and execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 14

1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 2, 2026

ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Ontario Police Officers Association, Ontario Police Management Group, Ontario Professional Firefighters Association Local 1430, Ontario Fire Management Group, Department Heads, Executives, AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, and Part-time Employees.

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

Reported by:

___________________________________________
City Attorney / City Manager / Executive Director
15 Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

SUBJECT:

TWENTY-SIXTH ANNUAL MODEL COLONY AWARDS

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

SPECIAL CEREMONY

RECOMMENDATION:

That the City Council present the 2026 “Model Colony” Awards for Historic Preservation

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:

The Planning Commission, acting as the Historic Preservation Commission, developed the “Model Colony” Awards program to recognize outstanding achievement in the preservation of Ontario’s historic resources.

The “Model Colony” Awards are presented by the City Council each spring to coincide with National Historic Preservation Month. On May 5, 2026, the City Council proclaimed the month of May 2026 as "Historic Preservation Month" in the City of Ontario. Five awards will be presented in the categories of preservation. On April 28, 2026, the Planning/Historic Preservation Commission considered each category and chose the following recipients:

Rehabilitation Award:

For achievement in the rehabilitation of a historic resource.

Recipient
: Bank of Italy and Bumstead Bicycles Buildings, Ontario Park Plaza One, LLC.

Award of Merit:

For achievement in the ongoing preservation of a historic resource.

Recipient
: Bumstead Bicycles Building, El Balcon Restaurant.

Award of Merit:

For achievement in the ongoing preservation of a historic resource.

Recipient
: 734 East F Street, Gilbert Caughman.
16 Award of Merit:

For achievement in the ongoing preservation of a historic resource.

Recipient
: The Avenue Board House, Ed and Mary Rivas.

Rehabilitation Award:

For achievement in the rehabilitation of a historic resource.

Recipient
: 712 East H Street, Barry Liu.
17 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
APRIL 21, 2026
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, April 21, 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 6:00 p.m.

ROLL CALL

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

ABSENT: Council/Authority Members: Jim W. Bowman

Also present were 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 Closed Session out of an abundance of caution.

CLOSED SESSION

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

GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Ontario Professional Firefighters Association Local 1430

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor pro Tem Wapner.

18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 2 of 7 ends

INVOCATION

Invocation was led by Pastor Gresford Thomas from Ontario Seventh Day Adventist Church.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

PUBLIC COMMENT

Assistant City Clerk Isbell announced written communications:

Matt Munson, in opposition to establishing an immigrant legal defense fund.

Patricia Aria, in favor of retaining soccer fields.

Mayor Leon called upon the speakers:

Andrew Hanif announced Take Back Day, an event to collect and safely dispose of unused medications.

Leticia Duran, spoke regarding community resources and outreach.

Randy Bekendam, spoke regarding Prop 70 land and agricultural recreation.

Dale, spoke regarding his interactions with the Police Department.

Lois Sicking, spoke regarding truck routes.

Donna Littleton Phares, requested an update on Jay Littleton Ballpark.

Chris Robles, spoke regarding Jay Littleton Ballpark.

Brad Neumann, spoke regarding his personnel grievance.

Donna Marchese, spoke regarding support for the Animal Resource Center of the Inland Empire.

Tommy Mushegain, spoke regarding various topics.

Jacqueline Carter, spoke regarding fireworks.

Jennifer Daley, spoke regarding truck yard-use concerns.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa announced an updated copy of the exhibits to the Resolution being considered under Agenda Item No. 4 . The update reflect ed payments received from property owners up to 9:00 a.m. on Tuesday, April 21, 2026. The updated materials reflected a revised and reduced amount for assessments now totaling $172,180.07 related to 67 parcels, which means that $27,645.14 for 24 parcels was collected, postponed, or settled since the public agenda was prepared.

CONSENT CALENDAR

Public Comment:

Mayor Leon called upon the speaker:

Chris Robles, spoke in opposition to Agenda Item No. 8.

19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 3 of 7 ends

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

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of March 17, 2026, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL

Approved Bills March 20, 2026 through April 2, 2026, in the amount of $53,080,317.57 and Payroll March 8, 2026 through March 21, 2026 , in the amount of $5,960,405.88.

3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH Z&K CONSULTANTS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES

FOR THE FOURTH STREET STORM DRAIN, WATER MAIN AND STREET

IMPROVEMENTS PROJECT

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., of Riverside, California, to provide construction management services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $418,750 for a total not -to-exceed contract amount of $758,126, and extend the contract through June 4, 2029.

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

BERNARDINO COUNTY TAX ROLLS

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

RESOLUTION NO. 2026 -025 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

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

5. A SETTLEMENT AGREEMENT WITH ASSOCIATED PHARMACIES, INC., J M SMITH CORPORATION, MORRIS AND DICKSON CO., LLC, LOUISIANA WHOLESALE DRUG COMPANY, INC., NORTH CAROLINA MUTUAL
WHOLESALE DRUG COMPANY, INC., AND UNITED NATURAL FOODS, INC.

The City Council authorized the City Manager, or his designee, to opt into a 20 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 4 of 7 ends

Settlement Agreement with opioid distributors, and execute documents necessary to implement the action.

6. A CHANGE ORDER WITH 3M CONS TRUCTION CORPORATION FOR THE

LATIMER FIELD CONCESSION AND RESTROOM RENOVATION PROJECT AT

JOHN GALVIN PARK

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Change Order No. 2 to the Construction Contract with 3M Construction Corporation, of Anaheim, California, for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park, in the amount of $142,768, which includes $48,378 in additional funds and $94,390 from previously approved contingency, for a total not-to-exceed contract amount of $1,086,667; and
B. Authorized the City Manager, or his designee, to execute all documents required for the comp letion of the project which may include, but not limited to, agreements, 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.

7. A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND 325 SAGO, LLC

The City Council approve d a Purchase and Sale Agreement ("Agreement") and authorized the City Manager, or his designee, to execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.

8. AN ORDINANCE AMENDING CHAPTER 8B OF TITLE 6 OF THE ONTARIO

MUNICIPAL CODE RELATED TO WATER SERVICE FEES

The City Council adopted an Ordinance amending Section 6-8.51 of Chapter 8B of Title 6 of the Ontario Municipal Code related to water service fees. First reading and introduction took place at the regular meeting of April 7, 2026.

ORDINANCE NO. 3333 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 C ALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15378 AND IS OTHERWISE

EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION
15061(B)(3).

9. PROFESSIONAL SERVICES AGREEMENTS WITH LEED ELECTRIC, INC., AND 21 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 5 of 7 ends

PROJECTLINE TECHNICAL SERVICES, INC., FOR ON -CALL WATER

FACILITIES ELECTRICAL SYSTEMS AND MASTER PLANNING SERVICES

The City Council took the following actions:

A. Authorized the City Manager, or designee, to execute a three-year Professional Services Agreement with Leed Electric, Inc., of Santa Fe Springs, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $200,000 per yea r for a three -year total not-to-exceed amount of $600,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional one -year term extensions consistent with City Council approved budgets.

B. Authorized the City Manager, or designee, to execute a three-year Professional Services Agreement with Projectline Technical Services, Inc., of Costa Mesa, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $350,000 per year for a three -year total not -to- exceed amount of $1,050,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional one-year term extensions consistent with City Council approved budgets.

10. AN A MENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING, INC. FOR SECURITY

CAMERA INSTALLATION AT THE ONTARIO POLICE DEPARTMENT

The City Council authorized the City Manager, or his designee, to execute Amendment No. 14 to the Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C.), of Rancho Cucamonga, California, in the amount of $42,906 for security camera installation at the Ontario Police Department, for a total not -to- exceed contract amount of $3,221,364.

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC., FOR LOW -VOLTAGE CABLING AND

EQUIPMENT INSTALLATION

The City Council authorized the City Manager, or designee, to execute Amendment No. 9 to the Professional Services Agreement with CalTek Technologies, Inc., (CalTek) of Ontario, California, in the amount of $23,512 for low -voltage cabling at the Ontario Police Department, for a total not-to-exceed contract of $649,244.

PUBLIC HEARINGS

12. AMENDMENT TO THE CITY'S FIVE -YEAR (2019 -2023) PERMANENT LOCAL

HOUSING ALLOCATION PLAN

The City Council took the following actions:

22 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 6 of 7 ends

A. Conducted a public hearing to receive comments relating to a proposed amendment to the City of Ontario's Five -Year Permanent Local Housing Allocation Plan (PHLA Plan);
B. Adopted a Resolution approving the PLHA Plan amendment; and C. Authorized the City Manager, or his d esignee, to execute the PLHA Plan amendment, and any documents related to the amendment.

RESOLUTION NO. 2026-026 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN AMENDMENT TO THE

PERMANENT LOCAL HOUSING ALLOCATION PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM.

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

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item . Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Mayor pro Tem Wapner, and carried by a vote of 4-0, with Council Member Bowman absent, to adopt Resolution No. 2026-026.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

13. CANVASS OF A SPECIAL MUNICIPAL ELECTION ON MARCH 24, 2026

The City Council adopted a Resolution of the City Council of the City of Ontario, California, reciting the facts of the Special Municipal Election held on March 24, 2026, and declaring the results thereof and such other matters as provided by law.

RESOLUTION NO. 2026 -027 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 24, 2026; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

There were no written communications or persons present who wished to speak to the item . Mayor Leon called on City Manager Ochoa to provide background information on the item.

MOTION: Motion made by Council Member Porada, seconded b y Council Member Macias, and carried by a vote of 4-0, with Council Member Bowman absent, to adopt Resolution No. 2026-027.

STAFF MATTERS

City Manager Ochoa had no updates.

23 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – April 21, 2026

Page 7 of 7 ends

COUNCIL MATTERS

Council Member Porada had no comments.

Mayor pro Tem Wapner had no comments.

Council Member Macias had no comments.

Mayor Leon had no comments.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:13 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
24 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY/

ONTARIO PUBLIC FINANCING AUTHORITY

MINUTES
MAY 5, 2026
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Counci l, Housing Authority, Public Financing Authority were held on Tuesday , May 5 , 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 6:30 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, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest reported.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION

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

SPECIAL CEREMONIES

The City Council proclaimed the month of May 2026 as Historic Preservation Month.

25 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 2 of 8 ends

PUBLIC COMMENT

Assistant City Clerk Isbell announced a written communication:

Lory Masonis, with questions regarding Item No. 7.

Mayor Leon called upon the speakers:

Roxanna Gracia, announced upcoming events on behalf of Assembly Member Michelle Rodriguez’s office.

Michael Feinstein, spoke regarding representation for the City in the assembly and state districts.

Kizzee, spoke regarding the Grove Plaza.

Janet Ricardez, spoke regarding yard sale frequency.

Chris Robles, spoke regarding May as Historical Preservation month.

Marty McBride, spoke in opposition to public comment time announcements.

Randy Bekendam, spoke regarding Prop 70 land.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa had no announcements.

CONSENT CALENDAR

Public Comment:

Mayor Leon called upon the speakers:

Chris Robles, spoke in opposition to Item Nos. 4 and 8.

Tommy Mushegain, spoke in opposition to Item No. 9.

Council Member Macias left the chamber at 6:56 p.m. and returned to the dais at 6:59 p.m.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a vote of 5-0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of April 7, 2026, approving same as on file in the Records Management Department.

2. BILL & PAYROLL

Approved Bills April 3, 2026 through April 16, 2026, in the amount of $66,164,406.13 and Payroll March 22, 2026 through April 4, 2026, in the amount of $6,212,432.39.

3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-015 LOCATED AT 201 EAST RIVERSIDE DRIVE
26 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 3 of 8 ends

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

RESOLUTION NO. 2026 -028 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.

4. FY 2025-26 THIRD QUARTER BUDGET UPDATE

The City Council approve d the budget adjustments and recommendations as presented in the Fiscal Year 2025-26 Third Quarter Budget Update Report.

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

The City Council approve d 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.

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

The City Council authorize d 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.

7. A RESOLUTION AUTHORIZING MEMBERSHIP IN THE SAN BERNARDINO

REGIONAL HOUSING TRUST

The City Council took the following actions:

A. Approved the admission of the City of Ontario to the San Bernardino Regional Housing Trust;
B. Adopted a Resolution to join the Joint Powers Authority Agreement; and C. Appointed the Mayor or his designee to serve on the Board of Directors for the San Bernardino Regional Housing Trust.

RESOLUTION NO. 2026 -029 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING, AUTHORIZING, AND 27 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 4 of 8 ends

DIRECTING CITY EXECUTION OF THE JOINT EXERCISE OF POWERS

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

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

COM BUSINESS PRODUCTS FOR THE ONTARIO SPORTS EMPIRE

The City Council took the following actions:

A. Authorized 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. Authorized 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.

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

The City Council took the following actions:

A. Authorized 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. Rejected 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. Authorized 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. Authorized 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 28 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 5 of 8 ends

of $107,118 for a total not-to-exceed contract amount of $5,643,363; and E. 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.

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

PROJECT

The City Council authorize d 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.

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

The City Council authoriz ed 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.

12. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH

STREET ARCHITECTS FOR THE DOWNTOWN MOBILITY HUB PROJECT

The City Council took the following actions:

A. Authorized 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
29 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 6 of 8 ends

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.

13. A CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN -BUILD CONSTRUCTION SERVICES FOR THE D -BLOCK

PARKING STRUCTURE

The City Council took the following actions:

A. Authorized 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 au thorize a contingency of $2,471,151 for a total not-to-exceed contract amount of $27,182,665; and
B. Authorized 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.

14. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("HOME"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAMS FOR FISCAL YEAR 2026- 27 The City Council took the following actions:

A. Approved the One-Year Action Plan for Fiscal Year 2026-27 for the Community Development Block Grant ("CD BG"), HOME Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs (on file in the Records Management Department);
B. Directed Staﬀ to prepare and transmit the final documents to the U.S.

Department of Housing and Urban Development ("HUD"); and C. Authorized 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.

PUBLIC HEARINGS

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

MATTERS

30 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 7 of 8 ends

The City Council and the Ontario Public Financing Authority h eld a public hearing and the took the following actions:

A. The City Council adopted 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 Fin ancing Authority in an aggregate principal amount of not to exceed $330 million and authoriz ed 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 adopt ed 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 no t to exceed $330 million and author ized 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.

RESOLUTION NO. 2026 -030 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 PUBL IC 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.

RESOLUTION NO. OPFA -017 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 O NE 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.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications. 31 Ontario City Council/Ontario Housing Authority/Ontario Public Financing Authority Regular Meeting Minutes – May 5, 2026

Page 8 of 8 ends

Mayor Leon opened the public hearing and called on the speakers:

Chris Robles, spoke in opposition.

Tommy Mushegain, 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 vote of 5-0, to adopt Resolution Nos. 2026-030 and OPFA-017.

STAFF MATTERS

City Manager Ochoa had no updates.

COUNCIL MATTERS

Mayor pro Tem Wapner inquired about Jay Littleton Ballpark reopening costs.

Council Member Bowman also spoke of reopening Jay Littleton Ballpark.

Mayor Leon requested Jay Littleton Ballpark be added to a meeting agenda for discussion.

Council Member Macias had no comments.

Council M ember Porada agreed Jay Littleton should be agendized and announced community events.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:11 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
32 Department: Public Works
Prepared By: Tricia Maruki
Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea Ampig, Bonnie
Tam
Approved By:

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

A CONSTRUCTION CONTRACT WITH GARCON CONSTRUCTION, INC. FOR THE REAP 2.0 - MISSION BOULEVARD SIDEWALK IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
June
2, 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 not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

On January 20, 2026, the City Council approved a Memorandum of Understanding with SBCTA to receive REAP 2.0 Funds on a reimbursement basis up to an amount not-to-exceed $233,949 for the construction of pedestrian improvements on Mission Boulevard from Euclid to Plum Avenue. The recommended Construction Contract with Garcon Construction, Inc. is in the amount of $145,874, plus a 10% contingency of $14,587 for a total not-to-exceed contract amount of $160,461. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Grants Fund for the construction of the REAP 2.0 - Mission Boulevard Sidewalk Improvement Project.

33 BACKGROUND & ANALYSIS:

The REAP 2.0 program is a statewide eﬀort to accelerate progress toward California's housing and climate goals by providing ﬂexible funding for projects that expand transportation options for residents of aﬀordable housing, encourage alternative travel modes, reduce vehicle-miles traveled, and improve related infrastructure. Ontario's portion of the program advances REAP 2.0 goals by investing in active transportation infrastructure and expanding bicycle and pedestrian facilities.

Th
e REAP 2.0 - Mission Boulevard Sidewalk Improvement Project general scope of work to be performed under this construction contract consists of earthwork/ﬁll, placement of PCC sidewalk, removal of trees, and installation and adjustment of other appurtenances necessary to complete the impro
vements as described in the Plans and Speciﬁcations.

A project location map is provided
for reference as Exhibit "A".

In March 2026, the City solicited bids for Bid No. 1982, and nineteen bids were received. The following is a summary of the bid results:

COMPANY

LOCATION
AMOUNT
Garcon Construction, Inc.

Ontario, California
$145,874
DASH Construction Company,
Inc.

Woodland Hills, California
$146,860
Horizon Underground, Inc.

Norco, California
$147,351
Golden Coast Construction
La Habra, California
$149,796
Global Enterprises Group, Inc.

Laguna Hills, California
$149,888
Carter Enterprises Group, Inc.

Anaheim, California
$156,888
CT&T Concrete Paving, Inc.

Diamond Bar, California
$159,613
Coast United Construction, Inc.

Fullerton, California
$166,600
Compass Contracting &
Consulting Inc.

Fullerton, California
$173,380
All American Building Services
Santa Clarita, California
$177,320
TVR Construction Engineering
LLC
Riverside, California
$179,756
Siterep Construction Services,
Inc.

San Dimas, California
$186,968
Gentry General Engineering Inc.

Colton, California
$189,882
Leonida Builders, Inc.

Acton, California
$194,800
Estate Design and Construction
Culver City, California
$196,500
Gentry Brothers, Inc.

Irwindale, California
$203,165
Roadway Engineering &
Construction Corp.

Perris, California
$206,340
Prestige Prime Engineering
El Cajon, California
$213,905
Paveco Construction, Inc
.

Baldwin Park, California
$246,350

Garcon Construction, Inc., of Ontario, California, is the apparent low bidder that met all the required 34 speciﬁcations with a base cost of $145,874. Based on the credentials and favorable reference checks, Staﬀ recommends awarding a construction contract to Garcon Construction, Inc. for the REAP 2.0 - Mission Boulevard Sidewalk Improvement Project.

ENVIRONMENTAL REVIEW:

The environmental impacts of this project were reviewed and Staﬀ determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency' s determination. 35 46700.00920\42650555.1

(BB&K 2020) -1- TABLE OF CONTENTS

GENERAL CONDITIONS

MAYOR
PAUL S. LEON

MAYOR PRO TEM
ALAN D. WAPNER

COUNCIL MEMBERS
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

CITY CLERK

SHEILA MAUTZ

CITY TREASURER
JAMES R. MILHISER

CITY MANAGER

SCOTT OCHOA

SECTION 00500

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

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor , materials, equipment, tools, utility services, and transportation to complete al l of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

REAP 2.0 - MISSION BOULEVARD SIDEWALK IMPROVEMEN T PROJECT 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 30 (thirty) calendar days from the commencement dat e stated in the Notice to Proceed, herein after the Contract Time. By its si gnature hereunder, Contractor agrees the Contract Time for completion set forth a bove 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 add itions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Forty-Five Thousand, Eight Hundred Seve nty-Four Dollars and 00/100 ($145,874.00), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed 36 46700.00920\42650555.1

(BB&K 2020) -2- TABLE OF CONTENTS

GENERAL CONDITIONS

beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine t he City’s actual damages.

Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $3,600 for each and every calendar day of delay in completing the Work beyond the time pre scribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages ar e not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

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

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

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

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following documents, each of which is incorpora ted into this Contract by reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compen sation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicab le) • General Conditions
• Special Conditions
37 46700.00920\42650555.1

(BB&K 2020) -3- TABLE OF CONTENTS

GENERAL CONDITIONS

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

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW . Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply wi th all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION . Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES . Contractor shall be required to pay the prevaili ng rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk’s office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

38 46700.00920\42650555.1

(BB&K 2020) -4- TABLE OF CONTENTS

GENERAL CONDITIONS

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

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

GARCON CONSTRUCTION, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
39 PROJECTLOCATION
REAP 2.0 - MISSION BOULEVARDSIDEWALK IMPROVEMENT PROJECTEUCLID AVENUE TO PLUM AVENUEEUCLID AVE

PLUM AVEMISSION BLVD
N.T.S.PLUM AVE

CALIFORNIA STLEMON AVE

CARLTON ST
40 Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea Ampig, Bonnie
Tam
Approved By:

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

A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies 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:

This spending plan identiﬁes the recommended uses for the City's Fiscal Year 2026-27 apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from SB1, which is projected to be at $5,174,105 for the upcoming ﬁscal year. The proposed projects for Fiscal Year 2026-27 are consistent with the projects included in the City’s proposed Five-Year Capital Improvement Program to be presented to City Council as part of the Fiscal Year 2026-27 Proposed Budget.

BACKGROUND & ANALYSIS:

On April 28, 2017, Governor Brown signed SB1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road system, RMRA increases per gallon fuel excise taxes, increases diesel fuel sales taxes and vehicle registration fees, and provides for inﬂationary adjustments to tax rates in future years. Prior to receiving an annual apportionment of RMRA funds from the California State Controller, the City must submit an adopted list of projects to the California Transportation Commission by July 1, 2026. The proposed project list must be adopted by Resolution (with public record of the action taken) of the City Council at a regular public meeting each ﬁscal year. The proposed projects for Fiscal Year 2026-27 (Exhibit “A” of the Resolution) are consistent with the projects included in the City’s proposed Five-Year Capital Improvement Program submitted to the City Council for the upcoming fiscal year’s budget. 41 RESOLUTION NO. ________

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

CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY S ENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.

WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a p roposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City wil l receive an estimated $5,174,105 in RMR A funding in Fiscal Year 2026-27 from SB1; and

WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management Sy stem to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB1 will help the City main tain and rehabilitate streets/roads, bridges, and add active transportation infrastructure throughout the City this year and many similar projects into the future; and

WHEREAS, the 20 23 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads to an “excellent” condition; and

42 WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED , ORDERED AND FOUN D by the City Council of the City of Ontario, State of California:

1. That the foregoing recitals are true and correct.

2. That the attached list (Exhibit A) of proposed projects will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues.

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

PASSED, APPROVED, AND ADOPTED this 2nd day of June 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

43 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 June 2, 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. 2026-_______ duly passed and adopted by the Ontario City Council at their regular meeting held June 2, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
44 EXHIBIT A
Local Streets and Roads Program
Fiscal Year 2026-27 Proposed Projects List
AGENCY NAME: City of Ontario
AGENCY CONTACT: Tricia Maruki
[email protected]
Project Title and Description Project Type Project Limits Begin Project End Project Estimated Useful Life
FY 2025-26 CARRYOVER
FY 2025-26 Traffic Signal Modification
(Construction) Traffic Signal Fourth Street and Turner Avenue 7/1/2025 6/30/2027 15-25 years FY 2025-26 Traffic Signal Installation
(Construction) Traffic Signal San Antonio Avenue and State Street 7/1/2025 6/30/2027 15-25 years FY 2026-27
FY 2026-27 Traffic Signal Modification Traffic Signal Vineyard Avenue and Mission Boulevard 7/1/2026 6/30/2027 15-25 years FY 2026-27 Traffic Signal Installation Traffic Signal Euclid Avenue and Phillips Street; Walker Avenue and Riverside Drive 7/1/2026 6/30/2027 15-25 years FY2026-27 Signal Safety Improvements Traffic Haven Avenue from 4th Street to Riverside Drive and Milliken Avenue from 4th Street to Riverside Drive 7/1/2026 6/30/2027 15-25 years FY 2026-27 Street Light Improvements Traffic Area bounded by H Street, Vine Avenue,Granada Court, and San Antonio Avenue 7/1/2026 6/30/2027 15-25 years
FY2026-27 Citywide Striping Improvements Traffic Area bounded by Euclid Avenue, the I-10, I-15, and SR-60 Freeways. 7/1/2026 6/30/2027 15-25 years FY 2026-27 Pavement Rehabilitation
Project (Spring) Asphalt Overlay Allyn Avenue from Holt Boulevard to G Street 3/1/2027 6/30/2027 15-35 years FY 2026-27 Alley Rehabilitation Project
(Spring) Asphalt Overlay
Alley south of 6th Street between Kenmore Avenue and Charmore Avenue;
Alley south of Ralston Street between Oakland Avenue and Vine Avenue; Alley south of Maitland Street between Oakland Avenue and Vine Avenue;
3/1/2027 6/30/2027 15-35 years
Construction of a new traffic signal and corresponding railroad improvements at the intersection of San Antonio Avenue and State Street.

Construction of north-south left-turn phasing at the intersection of Fourth Street and Turner Avenue.

Implementation of yellow retroreflective backplates and battery back up units at traffic signal locations.

Installation of new LED street lights at critical locations within residential areas.

Various signing and striping safety improvements throughout the City related to traffic engineering requests.

Construction of Rubberized Asphalt Hot Mix pavement including removal and replacement of failing pavement areas, replacement of damaged sidewalk, curb and gutter, placement of ADA ramps, updated signage and striping. This rubberized ashpalt mix is a high performing asphalt product that extends the pavement life while providing an environmentally friendly recycled tire usage.

Design of new traffic signals at the intersections of Euclid Avenue and Phillips Street and Walker Avenue and Riverside Drive.

Design of traffic signal modifications at the intersection of Vineyard Avenue and Mission Boulevard to provide controlled access. 45 FY 2026-27 Slurry Seal/Cape Seal Program Slurry/Cape Seal Area bounded by Campus Avenue, Vineyard Avenue, Holt Boulevard and Eighth Street 8/1/2026 11/30/2026 10-15 years
Sixth Street Roadway Improvement Project Complete Streets Sixth Street from Mountain Avenue to Euclid Avenue; and Sixth Street and Elderberry Avenue 8/1/2026 2/28/2027 15-35 years
Pedestrian Intersection Improvements Complete Streets
Mission Boulevard and San Antonio Avenue;
Euclid Avenue and Fourth Street;
Bon View Avenue and Maitland Street
7/1/2026 6/30/2027 15-35 years
Laurel Avenue and D Street Improvements Complete Streets Laurel Avenue from D Street to Alley between D St and E St D Street from Laurel Avenue to Alley between Laurel Avenue and Euclid Avenue
7/1/2026 6/30/2027 15-35 years
Turner Avenue Storm Drain and Street
Improvements Complete Streets Turner Avenue from 500' South of Guasti Road to the Southerly Cul-de- Sac 7/1/2026 6/30/2027 15-35 years
FY 2026-27 ADA Ramp Improvements ADA Ramps Area bounded by Riverside Drive to the south, Benson Avenue to the west, the I-10 Freeway to the north and Etiwanda Avenue to the east 7/1/2026 6/30/2027 15-35 years Construction of concrete ramps, Accessible Pedestrian Signals (APS), pavement, and other related improvements to meet American with Disabilities Act (ADA) compliance.

Removal and reconstruction of damaged and non-standard curb and gutter, sidewalk, driveways, access ramps, parkway drain, striping, and related improvements as needed.

Construction of a master-planned storm drain facility, including installation of reinforced concrete pipe and appurtenant drainage structures, connection to existing storm drain systems and culverts, replacement of existing open channel, and other improvements to accommodate roadway widening.

Removing and replacing existing non-compliant American with Disabilities Act (ADA) concrete ramps and installation of new ADA concrete ramps that don't currently exist in City neighborhoods.

Reconstruction of alleys at various locations throughout the City with new concrete ribbon gutters, new drive approaches, and new asphalt pavement.

Application of Type II Polymer Modified slurry seal, Reclaimed Asphalt Pavement cape seal, and PCC curb ramp construction.

Removal of rock curb and modification to traffic calming elements including construction of curb, gutter, access ramps, traffic signage, and striping, rehabilitation of the pavement with an asphalt rubberized overlay.
46 Department: Library
Prepared By: Kelly Zackmann
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Reviewed By: Andrea M Lopez, Lacey A Rightmer
Approved By:

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

A SOLE SOURCE AGREEMENT FOR A LIBRARY CATALOGING TOOL SUBSCRIPTION,

INTERLIBRARY LOAN MANAGEMENT TOOL SUBSCRIPTION, AND LICENSING OF

E-BOOKS AND E-AUDIOBOOKS

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute a three-year sole source agreement with OCLC, Inc. of Dublin, Ohio, with a not-to-exceed amount of $292,837.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The estimated cost over three years is $292,837. Annual expenditures under the agreement will vary based on the number of e-book and e-audiobook licenses purchased each year. If approved, appropriations in the General Fund will be included in future Annual Budgets to City Council for approval as needed.

BACKGROUND & ANALYSIS:

The Ontario City Library purchases approximately 32,000 books, DVDs, and audio recordings each year for the community to check out and use. Staﬀ use a cataloging tool from OCLC, Inc. to create records for all purchased items, which keeps track of the collection and organizes materials according to library industry standards. Library catalog records are the primary way public library users locate materials they need. An accompanying subscription helps manage interlibrary loan requests, allowing cardholders to request items not owned by Ontario City Library from other libraries across the country.

The Library also oﬀers its users access to e-books and e-audiobooks through a platform called cloudLibrary, which is an OCLC, Inc. product. The Library purchases licenses for e-books and e- audiobooks that library users can check out at no cost. The licensed e-content is compatible with the cloudLibrary platform and application that library users download to their devices to read or listen to the content. The platform is also available on standard personal computers and laptops.

The cataloging and metadata tool oﬀered by OCLC, Inc. is the primary resource used by librarians 47 worldwide to catalog library materials. No other product oﬀers a comparable level of features and capabilities. Similarly, OCLC, Inc. is the only vendor that provides an interlibrary loan management tool of this scope. Library staﬀ have expertise in using the cataloging and metadata tool as well as the interlibrary loan management tool. In addition, OCLC, Inc. is the only vendor to oﬀer e-books and e-audiobooks compatible with cloudLibrary, the platform Ontario City Library patrons use to access digital content.

Changing vendors would require signiﬁcant changes to library operations, including retraining Staﬀ, which would incur additional costs. Changing e-book and e-audiobook platforms would also require patrons to download and learn a new application to access e-content. Furthermore, the Library would lose access to its existing e-content on the cloudLibrary platform and would need to purchase new licenses from another vendor, incurring additional costs. For these reasons, Staﬀ recommends the approval of this vendor as a sole-source vendor. 48 49
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Department: Communications and Community
Relations
Prepared By: Vanny Khu
Staff Member Presenting: Dan Bell, Executive
Director of Communications and Community
Relations
Approved By:

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

AN AMENDMENT TO THE PUBLIC SERVICES AGREEMENT WITH PRIMA PARTNERS

CONSULTING, LLC FOR STATE ADVOCACY SERVICES

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Amendment No.1 will increase the authorized agreement amount of $120,000 by an additional $120,000, for a new total not-to-exceed amount of $240,000.

The Fiscal Year 2026-27 Proposed Budget includes appropriations in the General Fund for State Advocacy Services.

BACKGROUND & ANALYSIS:

The contract with Prima Partners Consulting, LLC was established to navigate the adopted Council priorities State-wide. Prima Partners Consulting, LLC has demonstrated exceptional ability to work with the City’s local delegation and key Committee Members. The partnership with them has been successful in advancing City-sponsored legislation and protecting Ontario’s interests at the State Capitol. They have also conducted extensive outreach and educational campaigns to advocate for local control on land use issues and have specialized knowledge on issues of direct ﬁnancial impact to the City, including the Bradley Burns 1% local sales tax, which continues to be instrumental in assisting the City with local distribution amounts.

The City’s immediate needs remain for advocacy services as the Legislature will continue to introduce new bills aﬀecting local government in the coming months. It is recommended the City retain Prima Partners Consulting, LLC, through the next Legislative Session for their direct experience with Ontario-specific projects and priorities. 78 BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT 46700.00100\9423414

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
PRIMA PARTNERS CONSULTING, LLC.

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Prima Partners Consulting, LLC , a Limited Liability Company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated July 14, 2025 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to the term by one (1) year and increase the compensation by O ne Hundred Twenty Thousand Dollars ($120,000) for a total not-to-exceed amount of Two Hundred Forty Thousand Dollars ($240,000).

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

3. Terms.

3.1 Amendment. Section 3 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 July 1, 2025, to June 30, 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.

79 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 Two Hundred Forty Thousand Dollars ($240,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

3.3 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. 1.

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

3.5 Integration. This Amendment represents the 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]

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

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND PRIMA PARTNERS CONSULTING, LLC.

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

CITY OF ONTARIO PRIMA PARTNERS CONSULTING, LLC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

81 Department: Communications and Community
Relations
Prepared By: Vanny Khu
Staff Member Presenting: Dan Bell, Executive
Director of Communications and Community
Relations
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR FEDERAL ADVOCACY SERVICES

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Amendment No. 2 will increase the authorized agreement amount of $106,500 by $84,000, for a new total not-to-exceed amount of $190,500. The Fiscal Year 2026-27 Proposed Budget includes appropriations in the General Fund for Federal Advocacy Services.

BACKGROUND & ANALYSIS:

On June 11, 2025, the City entered into a Professional Services Agreement with Townsend Public Aﬀairs (TPA) for Federal Advocacy Services, following a competitive RFP process in which ﬁve ﬁrms were interviewed. On December 15, 2025, the City executed Amendment No. 1, which added grant writing services for Ontario Municipal Utilities Company (OMUC) and federal legislative strategy and tracking support, increasing compensation by $22,500 for a total not-to-exceed $106,500.

Established in 1998, TPA is a full-service federal legislative advocacy ﬁrm representing more than 315 clients, including 245 local public agencies, and has secured over $2.2 billion in funding on behalf of its clients.

TPA assists the City with securing public sector funding, supporting grant applications, crafting policy with federal agencies, and advocating for adopted City priorities. Staﬀ recommend approval 82 on a sole source basis. TPA has developed institutional knowledge of the City’s legislative priorities, pending federal funding pursuits, and established relationships with the City’s Congressional delegation and key federal Administration contacts. Initiating a new competitive procurement at this time would disrupt active advocacy eﬀorts and pending grant and appropriations requests and require a successor firm to rebuild federal relationships and re-learn the City’s priorities. 83 BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT 46700.00100\9423414

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 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TOWNSEND PUBLIC AFFAIRS, INC.

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 Townsend Public Affairs Inc., a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated June 11, 2025 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the A greement to extend term for one (1) year and increase the compensation amount by Eighty-Four Thousand Dollars ($84,000) for a total not -to-exceed amount of One Hundred Ninety Thousand Five Hundred Dollars ($190,500). The Parties have heretofore entered into that Amendment No. 1 dated December 15, 2025.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 3 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 July 1, 2025, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The 84 BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT 46700.00100\9423414

Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Ninety Thousand Five -Hundred Dollars ($190,500) 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 “C” is hereby deleted in its entirety and replaced with Attachment C 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.

3.4 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.

[SIGNATURES ON FOLLOWING PAGE]

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

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TOWNSEND PUBLIC AFFAIRS, INC.

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

CITY OF ONTARIO TOWNSEND PUBLIC AFFAIRS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

86 Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

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

A CONSTRUCTION CONTRACT WITH TUNNELWORKS SERVICES, INC., FOR THE

SEWER CURED-IN-PLACE PIPE (CIPP) LINING REHABILITATION PROJECT

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award a Construction Contract with TunnelWorks Services, Inc., of Whittier, California, for Contract No. UT1080 Sewer Cured-In-Place Pipe (CIPP) Lining Rehabilitation Project in the amount of $3,180,240 plus a 15% contingency of $477,036, for a total not-to-exceed amount of $3,657,276 and a term of 365 calendar days after issuance of notice to proceed, and authorize the City Manager, or designee, to execute said contract and ﬁle a notice of completion at the conclusion of construction activities related to the project.

B
.

Reject the bid protest from Performance Pipeline Technologies against Tunnelworks Services, Inc. as without merit.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended Contract award to Tunnelworks Services, Inc., (Tunnelworks) is for $3,180,240 plus a 15% contingency of $477,036, for a total not-to-exceed amount of $3,657,276.

The Fiscal Year 2025-26 Adopted Capital Improvement Program includes appropriations from the Sewer Capital Fund in the amount of $3,200,000 for this project. If approved, additional appropriations in the Sewer Capital Fund will be included in a future quarterly budget update or a future Annual Budget for City Council consideration and approval. There is no impact to the General Fund.
87 BACKGROUND & ANALYSIS:

The City’s sewer system includes approximately 460 miles of pipeline.

The Sewer Master Plan (SMP) identiﬁes various capital needs, which are prioritized based on existing capacity deﬁciencies and deterioration, improvements for future growth, and the current level of maintenance activities required to provide adequate and reliable service.

Using the SMP in conjunction with maintenance data, Staﬀ have identiﬁed the need to rehabilitate many existing sewer pipelines and manholes located within public easements, generally located within residential properties. In order to minimize construction impacts and disruption to property owners and residents, the sewer mains identiﬁed to be included in this project will be rehabilitated using CIPP lining. Unlike traditional open-trench repairs, CIPP allows for a no-dig solution by installing a liner through existing manholes and does not require excavation which is ideal for use in these residential project areas and is much less expensive than traditional open-trench excavation methods. In addition, this sewer lining process typically requires less time to complete than traditional open-trench construction. This rehabilitation method will extend the service life of the sewer system and ensure continuity in providing reliable wastewater service to City of Ontario residents.

On February 6, 2026, two bids were received for Bid No. 1971, UT1080 Sewer Cured-In-Place (CIPP) Lining Rehabilitation project, OMUC Contract No. UT 1080. The two bid totals are shown below.

Bidder
Location
Amount
Tunnelworks Service, Inc.

Whittier, CA
$3,180,240
Performance Pipeline
Technologies
Huntington Beach, CA
$3,426,230
Staﬀ reviewed bids for responsiveness and pricing and recommends awarding to Tunnelworks.

Support services required during construction, such as inspections within the public right-of-way, other onsite inspections and project management will be completed by City Staff.

On February 13, 2026, the City received a formal bid protest letter from the second-lowest bidder, Performance Pipeline Technologies (Performance) stating that Tunnelworks bid was non-responsive due non-compliance with California Air Resources Board regulations. On March 11, 2026, the City’s Legal Counsel notiﬁed Performance via email that its claim was without merit. The City determined that the issue raised pertained to the bidder' s responsibility, which refers to the bidder' s trustworthiness, quality, ﬁtness, capacity, and experience to satisfactorily perform the public works contract. Staﬀ concluded that Tunnelworks demonstrated these attributes and all irregularities were waived.

On April 3, 2026, Performance submitted a Demand for Rejection of Non-Responsive Bid and Notice of Potential Legal Action letter, reiterating the same claims presented in its February 13, 2026, protest letter. The City’s Legal Counsel reviewed the letter and again determined that the claims were without merit, reaching the same conclusion previously communicated to Performance
.
88 ENVIRONMENTAL REVIEW:

The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to Article 19 Section 15031, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required. 89 SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20_ _, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Tunnelworks Services, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

UT1080 SEWER CURED-IN-PLACE PIPE (CIPP) LINING REHABILITATION

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 365 calendar days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million One Hundred Eighty Thousand Two Hundred Forty Dollars ($3,180,240), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In 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
90 46700.00100\33349674.4

(BB&K 10/2020
-2-

the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

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

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

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

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicable) • General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
• Technical Specifications
• Addenda (If Applicable)
• Plans and Drawings
• Approved and fully executed change orders
• Federal Requirements (If Applicable)
• Any other documents contained in or incorporated into the Contract

91 46700.00100\33349674.4

(BB&K 10/2020
-3-

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

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

ARTICLE 9. CONTRACTOR REGISTRATION AND LABOR COMPLIANCE . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No b id will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

ARTICLE 10. 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 fals e 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 t he 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 proce eding 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]
92 46700.00100\33349674.4
(BB&K 10/2020
-4-

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

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
ATTEST:

By:

Sheila Mautz, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Tunnelworks Services Inc.
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

By:

Its:

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

END OF CONTRACT
93 94
Exhibit A

95 Department: Management Services
Prepared By: Vanny Khu
Staff Member Presenting: Jordan Villwock,
Deputy City Manager
Approved By:

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

AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH ENVISIO SOLUTIONS, INC. FOR PERFORMANCE MANAGEMENT AND STRATEGIC

PLANNING SOFTWARE SERVICES

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2026-27 Proposed Budget includes appropriations from the Information Technology Fund for continued performance management and strategic planning software services. The proposed Amendment No. 4 to the Master Services Agreement with Envisio Solutions, Inc. is in the amount of $170,625, increasing the total not-to-exceed agreement amount from $135,400 to $306,025. If approved, appropriations will be added to the future years’ budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

On July 1, 2023, the City of Ontario entered into a Master Services Agreement with Envisio Solutions, Inc., a provider of cloud-based performance management and strategic planning software. The Envisio platform allows City departments to align work plans to citywide goals, track key performance indicators, and report strategic plan progress to City leadership and the public. As part of the Agreement, the City subscribes to Polco Track, an add-on module that enables real-time monitoring and public reporting of strategic initiative outcomes and community engagement metrics at a flat annual rate with unlimited user access.

Amendment No. 1, executed on May 1, 2024, added the ASO KPI Dashboard buildout to the scope of services and increased the total not-to-exceed Agreement amount by $8,000. Amendment No. 2, dated June 1, 2024, incorporated Polco Track into the agreement, a module that provides the city with speciﬁc performance measures, benchmarks, and scores derived from publicly available datasets at a cost of $12,900. Amendment No. 3, dated June 16, 2025, extended the Polco Track 96 subscription for the period of June 16, 2025, through June 15, 2026, at a cost of $12,000. Envisio waived all annual price increases, and the total not-to-exceed agreement amount was increased from $123,400 to $135,400.

The proposed Amendment No. 4 would extend the Agreement for ﬁve years, through June 18, 2031, at an annual rate of $34,125, for a revised total not-to-exceed agreement amount of $306,025.

Continuing with Envisio ensures operational continuity and avoids the staﬀ time and cost associated with onboarding a new platform, including data migration and retraining. Staﬀ recommends approval to allow uninterrupted continuation of these services. 97 1. Prices set forth in this quote are valid for the period stated. All prices are quoted in US Dollars and are exclusive of applicable taxes.

Customer is responsible for any sales, use, excise, or similar taxes imposed on amounts payable under this Agreement. If Envisio is required by law to collect such taxes, they will be added to the invoice unless Customer provides a valid tax-exemption certificate.

2. Travel and other reasonable business expenses will be reimbursed when incurred at Customers' request. Such expenses must be approved in advance by Customer.

3. Acceptance of this quote is acceptance of the accompanying Master Services Agreement (MSA) or a previously signed MSA in the event of renewal/upsell.

Payment methods: ACH, Wire or Check
Remit to email: [email protected]
ACH/Wire Payment To
Account Name: Envisio Solutions Inc. | Bank: Silicon Valley Bank | Bank Address: 3003 Tasman Dr. Santa Clara, CA 95054 ABA/ACH Routing #: 121140399 | Account #: 3303262267 | Account Type: Checking Terms and Conditions
Date: _________________________Name: ________________________________________ Signature: _____________________________________
USD 170,625.00Total Price
USD 170,625.00Subtotal
[email protected]
Angela NajabPrepared By
6/19/2026Expiration Date
4/21/2026Created Date
1701552Quote Number
Jordan VillwockContact Name
303 E B St
Ontario, California 91764-4105
United States
Bill To
City of Ontario, CABill To Name
Product Description Quantity Sales
Price
Total
Price
1 of 5 year subscription for unlimited users to Envisio Plans, Analytics and Public Dashboard with unlimited active plans. Includes software licensing and online support for June 19, 2026 - June 18, 2027 1.00 USD 34,125.00
USD
34,125.00
2 of 5 year subscription for unlimited users to Envisio Plans, Analytics and Public Dashboard with unlimited active plans. Includes software licensing and online support for June 19, 2027 - June 18, 2028 1.00 USD 34,125.00
USD
34,125.00
3 of 5 year subscription for unlimited users to Envisio Plans, Analytics and Public Dashboard with unlimited active plans. Includes software licensing and online support for June 19, 2028 - June 18, 2029 1.00 USD 34,125.00
USD
34,125.00
4 of 5 year subscription for unlimited users to Envisio Plans, Analytics and Public Dashboard with unlimited active plans. Includes software licensing and online support for June 19, 2029 - June 18, 2030 1.00 USD 34,125.00
USD
34,125.00
5 of 5 year subscription for unlimited users to Envisio Plans, Analytics and Public Dashboard with unlimited active plans. Includes software licensing and online support for June 19, 2030 - June 18, 2031 1.00 USD 34,125.00
USD
34,125.00
Enterprise Software Subscription: Envisio Projects - Annual Subscription with Unlimited Licenses. 1 year trial at no cost for June 19, 2026 - June 18, 2027.

1.00 USD 0.00 USD 0.00
Envisio Projects Implementation: One-time fee. A managed service including system admin training, user training, reporting development and initial adoption support. Implementation services offered for 90-days.

Fee waived as part of the 1 year trial.

1.00 USD 0.00 USD 0.00
Quote Accepted By:
98 1. Prices set forth in this quote are valid for the period stated. All prices are quoted in US Dollars and are exclusive of applicable taxes.

2. Travel and other reasonable business expenses will be reimbursed when incurred at Customers' request. Such expenses must be approved in advance by Customer.

3. Acceptance of this quote is acceptance of the accompanying Master Services Agreement (MSA) or a previously signed MSA in the event of renewal/upsell.

ENVISIO SOLUTIONS INC.

MASTER SERVICES AGREEMENT
PLEASE READ THIS MASTER SERVICE AGREEMENT (“ AGREEMENT”) CAREFULLY. THIS AGREEMENT APPLIES TO ENVISIO SOLUTIONS INC. (“ ENVISIO”) AND ANY CUSTOMER (THE “ CUSTOMER”) WHO UTILIZES ENVISIO’S SAAS STRATEGY IMPLEMENTATION SOFTWARE SERVICES DESCRIBED HEREIN (THE “ SERVICE”), WHETHER OR NOT THE CUSTOMER PAYS FOR THE SERVICE.

ACCEPTING THE TERMS

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX OR BY EXECUTING AN ORDER OR QUOTATION FORM THAT REFERENCES THIS AGREEMENT, THE CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE CUSTOMER IS ENTERING

INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE CUSTOMER REPRESENTS THAT IT HAS THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF THE CUSTOMER DOES NOT

HAVE SUCH AUTHORITY, OR THE CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, THE CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

This Agreement was last updated on March 10 2023. It is effective between the Customer and Envisio as of the date of the Customer’s acceptance of this Agreement.

1 PURCHASED SERVICES

1.1 Provision of Purchased Services
Envisio shall provide to the Customer the Service that is ordered by the Customer (“Purchased Services”) on Envisio’s invoice or quotation form (each a “Quote”) during a Subscription Term (as defined below).

The Service is hosted on Envisio’s service provider platform, “Heroku” (owned by Salesforce.com). Heroku’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilizes the Amazon Web Service (“ AWS”) technology. The Customer further acknowledges that the Customer Data (as defined below) resides on AWS’s servers either in the USA or Canada (available on request). The Customer may access the Service, but has no right to receive a copy of the object code or source code to the Service. The Customer must have high speed Internet connection, and compatible hardware and up to date ‘browser’ software to access the Service, none of which are Envisio’s responsibility.

1.2 Subscription License
Unless otherwise stated in the applicable Quote, the Purchased Services are purchased as a subscription license (the “Subscription”) and non-transferrable to a third party. Additional Users (as defined below) can be added to the Subscription during the Subscription Term at the same pricing as the underlying Subscription, prorated for the portion of that Subscription Term remaining, and any added Subscription will terminate on the same date as the underlying Subscriptions. 2 ENVISIO’S RESPONSIBILITIES

2.1 Provision of Service

Envisio will use commercially reasonable efforts to make the Service available to the Customer 24 hours per day, 7 days per week, except for planned downtime of which Envisio shall provide at least 24 hours notice via the Service and scheduled to the extent practicable during the weekend hours between 6 pm Friday and 3 am Monday Pacific Time. Any unavailability 100
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caused by circumstances beyond Envisio’s reasonable control including but not limited to: the malfunction of equipment, acts of God, act of government, flood, fire, earthquake, civil unrest, act of terror (collectively, “Force Majeure”), or the activities of third parties not under Envisio’s control (including Internet and other service providers) is not the responsibility of Envis io.

Envisio will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.

2.2 Customer Data
The Customer must provide all data for use in the Purchased Services (the “ Customer Data ”) and Envisio is not obliged to modify or add to it. The Customer Data belongs to the Customer and it is solely responsible for the content and accuracy. The Customer grants to Envisio all necessary licenses in and to such Customer Data solely for Envisio to provide the Service to the Customer.

Envisio will treat the Customer Data as confidential and will not disclose it to third parties unless as compelled by law or unless expressly permitted in writing by the Customer. Envisio will not access the Customer Data except as necessary to address service or technical issues, at the Customer’s request.

As part of Envisio’s standard Service offering, Envisio will make daily backup copies of the Customer Data and maintain such data for a period of seven weeks.

2.3 Software Uptime Agreement
Envisio endeavours to provide 99.9% uptime with respect to the Purchased Services in each calendar month during the Term, excluding:
(a) any scheduled maintenance times;
(b) factors outside Envisio’s reasonable control; and
(c) downtime related to the Customer’s or third party’s hardware, software or services.

If in any calendar month this uptime commitment is not met by Envisio and the Customer was negatively impacted from a resulting disruption to the Purchase Services as determined in Envisio’s sole discretion acting reasonably, Envisio shall provide, as the sole and exclusive remedy, a service credit equal to 25% of one month’s fee for the use of the Service (the “Credit”).

2.4 Service Level Agreement
There are several ways to get support for using Envisio, including online knowledge base, technical support, consulting support, and community support options.

The Customer Success Team technical and consulting support is available during its regular business hours on weekdays that are not legal Canadian holidays. Regular business hours are listed below for the time zone in which your organization is located:
>> 9:00 am EST until 8:00 pm EST
>> 8:00 am CST until 7:00 pm CST
>> 7:00 am MST until 6:00 pm MST
>> 6:00 am PST until 5:00 pm PST
The following targets will be used for response to support requests:

Severity Initial Response Resolution Updates
Critical 1 hour Work continuously Every business day
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High 2 hours As soon as possible Every other business day Medium 4 hours As soon as possible Every other business day Low Following business day Reasonable effort Weekly

Severity indicators are defined as follows:

>> Critical- Envisio is down and no workaround is available. >> High - Use of Envisio is impaired but instances are up and running. No workaround is available. >> Medium- A function of Envisio has failed, but Envisio is still useable. Support is aware of the issue. >> Low- Envisio functionality is not impaired. This priority also includes feature, information, documentation, how-to, and enhancement requests.

Updates will continue until the issue is resolved or there is a workaround in place. We aim to resolve all issues expeditiously, but when an issue is difficult to solve and takes longer than one business day, we will provide updates on our progress according to the schedule listed above.

Canadian holidays observed in British Columbia include: New Year's Day (January 1), Family Day (third Monday in February), Good Friday (Friday before Easter), Easter Monday, Victoria Day (Monday before May 25), Canada Day (July 1), British Columbia Day (first Monday in August), Labour Day (first Monday in September), Thanksgiving (second Monday in October), Remembrance Day (November 11), and Christmas Day (December 25). Envisio offices close for the entire week for the Christmas holiday.

2.5 Credit Request
In order to receive the Credit, the Customer must provide sufficient evidence to support the Credit and email [email protected] within 5 days of the end of the applicable calendar month. If the Customer is past due or in default with respect to any payments owed to Envisio under this Agreement, the Customer is not eligible to receive the Credit.

2.6 Provision of Professional Services
Implementation services are offered during Envisio’s core business hours which are Monday through Friday, 8:30am to 5:00pm Pacific Time.
3 CUSTOMER’S USE OF THE SERVICE

3.1 Authorized Users

The Customer agrees to maintain authorized users based on the number of user accounts (“ Accounts ”) purchased under the Subscription as stated in the Quote. Only the Customer or persons or entities that have access to an Account through a username and password for the Account (each a “ User ” and collectively, the “ Users ”) may use the Account. If the number of Users exceeds the Accounts purchased, Envisio will notify the Customer’s Administrator (as defined in Section 3.2 below) via email of the overage and the Customer will have 5 business days following delivery of such email to make any changes necessary to address the overage. Following that 5 business days period, if the overage remains Envisio will invoice the Customer for the additional Accounts required to address the overage at the same fee as the existing Accounts subscribed for under the Subscription, prorated for the duration of the Subscription Term remaining and the Customer will pay the invoice according to the terms outlined in Section 5.4 below. 102
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3.2 Email and Notices
At the time of ordering the Service from Envisio, the Customer shall identify the administrator(s) responsible for the Accounts (each an “ Administrator ”). The Customer agrees to provide Envisio with the Administrator’s contact information including e-mail address. By providing the Administrator’s e -mail address, the Customer agrees to receive all required notices electronically to the Administrator’s e-mail address.

The Administrator shall be responsible on behalf of the Customer for managing the Accounts, maintaining all User information, and the Purchased Services used by the Customer. It is the Customer’s sole responsibility to notify Envisio if the Customer changes or intends to change its Administrator(s).

3.3 Users: Passwords, Access and Notifications
It is the Customer’s responsibility to change and maintain its Users’ records in Envisio to secure access to the Account. The Customer is also solely responsible for ensuring the confidentiality and secrecy of each User’s login. The Customer agrees not to disclose its Users’ login information to any third party and will prevent its employees and personnel from sharing User’s login information amongst themselves. The Customer will be responsible for all electronic communications generated through the Service, including, but not limited to, Account registration and notices. The Customer is only entitled to access and use the Service and the Account for lawful purposes.

Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify Envisio of such unauthorized access or loss/theft of any of its Users’ login information.

3.4 Restrictions
The Customer is responsible for all activities conducted under its User accounts and ensuring their Users’ compliance with this Agreement.

The Customer shall not:
(a) permit concurrent use of a single User account, or time-sharing of the Service; (b) post or transmit any Customer Data that contains viruses, worms, time bombs, Trojan horses or any other contaminating, corrupting or destructive features, or use the Service in an irresponsible manner that interferes with the proper working and normal operation of the Service, or detrimentally interferes with personal information or property of another;
(c) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to extract the source code or modify the Service in any manner or form; or (d) transfer, sell, lease, rent or assign, in any way, all or a portion of, the Account and/or the Service to any third party (other than Users in accordance with Section 3.1).

This Section shall survive any termination or expiration of this Agreement. 4 INTELLECTUAL PROPERTY

The Customer acknowledges that Envisio retains all right, title and interest in and to the Service and all software, material s, formats, interfaces, information, data, content and Envisio’s proprietary information and technology used by Provider or provided to Customer in connection with the Service (the “Envisio Technology”), and that the Envisio Technology is 103
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protected by intellectual property rights owned by or licensed to Envisio. Other than as expressly set forth in this Agreement, no license or other rights in the Envisio Technology are granted to the Customer, and all such rights are hereby expressly reserved by Envisio.

The Customer must not, without Envisio’s express written consent, use any of Envisio’s trademarks, service marks, copyrighted materials, or other intellectual property.

The Customer acknowledges that any ideas, suggestions, concepts, processes or techniques that it provides to Envisio related to the Service or Envisio’s business (the “Feedback”) shall become Envisio’s property without any compensation or other consideration payable to the Customer by Envisio, and the Customer does so of its own free will and volition.

Envisio may or may not, in its sole discretion, use or incorporate the Feedback, in whatever form or derivative that Envisio may decide, into the Service, documentation, business or other products. The Customer hereby assigns all rights on a worldwide, exclusive basis in perpetuity to Envisio in any Feedback and, as applicable, waives any moral rights to the Feedback.

This Section shall survive any termination or expiration of this Agreement. 5 PURCHASED SERVICES AND PAYMENT

5.1 Term of Agreement

This Agreement is effective between the Customer and Envisio as of the date of the Customer’s acceptance of this Agreement and continues until the Subscription Terms with respect to each Subscription subscribed for by the Customer hereunder has expired or terminated.

5.2 Term of Subscriptions and Renewal
The term of each Subscription (the “Subscription Term”) shall be as set out in the applicable Quote. Unless otherwise set out in the applicable Quote, the Customer may renew each Subscription for additional periods equal to the expiring Subscription Term or one year (whichever is shorter) upon written notice by Customer to Envisio prior to the expiration of the Subscription. The per-unit pricing during renewal will be the same as that during the immediately prior term unless Envisio has provided the Customer written notice of a pricing increase, not to exceed 10% per annum, at least 60 days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter.

5.3 Service Fees
The Customer shall pay Envisio the fees specified on the Order Form (the “Fees”). Fees are based on Purchased Services comprising of subscription fees and implementation fees and are non- refundable. Purchased Services cannot be decreased during the Subscription Term. This Section shall survive any termination or expiration of this Agreement.

5.4 Invoicing and Payment
Billing for the Purchased Services will be in advance on an annual (twelve months) basis. Unless otherwise stated in the Quote, invoiced charges are due on receipt . The Customer is responsible for providing complete and accurate billing and contact information to Envisio and notifying Envisio of any changes to such information. Overdue invoices will incur a 2% per month interest charge. If the Customer fails to pay the invoice within the Due Date, Envisio may, at its sole discretion, declare the Account delinquent (a “ Delinquent Account ”). This Section shall survive any termination or expiration of this Agreement.
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5.5 Applicable Taxes
Envisio shall charge the Customer, and the Customer shall pay to Envisio, all applicable taxes, including any retroactive taxes on past Fees or charges (whether already paid or not) in cases where Envisio is under a legal obligation to collect such tax from the Customer. The Customer shall be responsible for any and all other taxes that the Customer is under a legal obligation to pay. This Section shall survive any termination or expiration of this Agreement.

5.6 30-Day Money Back Guarantee
Within 30 days after the Customer has signed this Agreement, upon the Customer's written cancellation request, Envisio will refund all subscription fees paid by the Customer. Customer will still be liable for implementation fee and any professional fees in respect of professional services ordered. After 30 days, all Purchased Services are non -refundable and non-cancellable.

6 TERMINATION AND SUSPENSION

6.1 Envisio’s Right to Suspend the Account
Envisio reserves the right to suspend the Customer’s Account and access to and use of the Service under the following conditions:

 the Account becomes a Delinquent Account; or
 Envisio reasonably concludes that the Account is being used to engage in denial service attacks, spamming, or illegal activity, and/or use of the Account is causing immediate, material and/or ongoing harm to Envisio and others.

In the extraordinary event that Envisio suspends the Customer’s access to the Service, Envisio will use commercially reasonable efforts to limit the suspension to the offending portion of the Service and resolve the issues causing the suspension of the Service.

6.2 Termination for Cause/Expiration
Either party (the “ Complaining Party ') may immediately terminate this Agreement and all Quotes issued hereunder in the event the other party (the “ Breaching Party ') commits a material breach of any provision of this Agreement which is not cured within thirty (30) days of written notice from the Complaining Party.

Such notice by the Complaining Party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the Breaching Party an opportunity to cure such alleged breach and shall be sent to the Breaching Party in accordance with the notice requirements set out in Section 10.8 below.

Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, then Envisio shall be entitled to all of the Fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of Envisio’s breach of this Agreement, then Customer shall be entitled to a refund of the pro rata portion of any subscription fees paid by Customer to Envisio under this Agreement for the terminated portion of the Term. 105
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6.3 Termination for Convenience
Customer may terminate this Agreement without cause by giving sixty (60) days advance written notice to Envisio of its election to terminate this Agreement pursuant to this provision. In the event of such termination, Customer agrees to pay a SaaS Recovery Amount equivalent to 50% of the subscription fees for the remainder of the initial term of the Agreement.

6.4 Handling of Customer Data Upon Termination
Effective upon cancellation of the Account, Envisio may deactivate the Account and be entitled to delete the Account and the Customer Data from the Service on the date the Subscription Term expires. The Customer further agrees that Envisio shall not be liable to the Customer nor to any third party for any termination of the Customer’s access to the Service or deletion of the Customer Data, provided that Envisio is in compliance with the terms of this Section 6.3. It is the responsibility of the Customer to obtain a full data export, screen captures and download all necessary reports and any other Customer data, should the Customer wish to keep the data.
7 PRICE AND SERVICE CHANGES

7.1 Software Subscription Fees

Envisio reserves the right to amend the Fees and the nature of the Service offered to the Customer from time to time and in its sole discretion, provided however that Envisio shall not decrease the level of Service or increase the subscription fees by more than 10% per annum per Subscription until the end of the Subscription Term in effect for the Customer. Envisio shall give the Customer notice of any such changes in the Fees and the Service 60 days in advance of the expiration of the relevant Subscription Term. If the change in Fees is not acceptable to the Customer, the Customer’s sole and exclusive remedy shall be to cancel the applicable Subscription by providing Envisio with written notice of cancellation to [email protected] at least 30 days before to the expiration of the relevant Subscription Term. Continuing to use the applicable Service after the end of the Subscription Term constitutes the Customer’s acceptance of all changes in Fees.

7.2 Professional Services Fees
Professional Services, as defined in the Envisio implementation Guide, are quoted at a fixed cost and, unless otherwise stated in the Envisio order form, are scheduled and offered for a period of 12 months from the agreed upon commencement date. Envisio will make all reasonable effort to deliver on the full agreed -upon implementation scope during the initial 12-month period. Additional Professional Services required as a result of add-on feature purchases or as a result of implementation delays outside Envisio’s control during the 12 -month period will be charged at an hourly rate of $175 per person per hour.
8 WARRANTIES

8.1 Our Warranties

Envisio warrants that (a) the Service will achieve in all material respects the functionality described in the applicable technical documentation for the Service that is provided from time to time by Envisio to the Customer (the “ Help Documentation”), and (b) Envisio will not materially decrease the functionality of the Service subscribed for under a Subscription during the applicable Subscription Term. The Customer’s sole and exclusive remedy for Envisio’s breach of this warranty shall be that Envisio be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality as described in the Help Documentation and, if Envisio is unable to restore such functionality, the Customer shall be entitled to terminate this Agreement and receive a pro-rata refund of the subscription fees paid under this Agreement for the Subscription for the terminated portion of the Subscription Term. 106
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8.2 Disclaimer of Warranty
THE SERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY ENVISIO TO THE CUSTOMER ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND EXCEPT AS EXPRESSLY SET OUT HEREIN. ENVISIO HEREBY DISCLAIMS ALL IMPLIED, COLLATERAL OR STATUTORY

WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING,

PROVIDER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.

FOR THE PURPOSES OF THIS SECTION 8.2, “ENVISIO” INCLUDES ENVISIO’S DIVISIONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENT COMPANIES AND THEIR (INCLUDING ENVISIO’S) EXECUTIVES, DIRECTORS, OFFICERS,

ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, RESELLERS, THIRD PARTY PROVIDERS, MERCHANTS, LICENSORS AND THE LIKE.

This Section shall survive any termination or expiration of this Agreement.

9 LIMITATION AND EXCLUSION OF LIABILITY

9.1 Limitation of Liability

(a) IN NO EVENT SHALL ENVISIO BE LIABLE TO OTHER PARTY FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, (II) LOST SAVINGS, PROFIT, DATA, USE OR GOODWILL, (III) BUSINESS INTERRUPTION,

EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (IV) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF

OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF

LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE.
(b) IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMER TO ENVISIO IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE.
(c) THE PROVISIONS OF SECTION 9.1(A) AND 9.1(B) SHALL NOT APPLY TO THE EXTENT THAT THE CAUSE OF ACTION GIVING RISE TO THE CLAIM ARISES FROM:

I. A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT; OR II. CLAIMS FOR FEES OWED TO ENVISIO UNDER THIS AGREEMENT AND ANY COST, EXPENSE OR FEES INCURRED IN THEIR COLLECTION.

THE CUSTOMER SHALL MAKE NO CLAIM, COMPLAINT, OR PROCEEDING AGAINST ENVISIO FOR ANY OR ALL PORTIONS OF THE

SERVICES THAT MAY REQUIRE THE DOWNLOADING OF WEB SITE COOKIES FOR THE CUSTOMER TO ACCESS SUCH PORTIONS OF THE ACCOUNT.

FOR THE PURPOSES OF THIS SECTION 9.1, “ENVISIO” INCLUDES ENVISIO’S DIVISIONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENT COMPANIES AND THEIR (INCLUDING ENVISIO’S) EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS,

EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, RESELLERS, THIRD PARTY PROVIDERS, MERCHANTS, LICENSORS AND THE LIKE.
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This Section shall survive any termination or expiration of this Agreement.

10 GENERAL

10.1 Interpretation of this Agreement
The term “including,” wherever used in any provision of this Agreement, means “including but without limiting the generality of any description preceding or succeeding such term.” Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applicable in the construction or interpretation of this Agreement.

The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement or be deemed a part of this Agreement.

10.2 Inurement
The rights and liabilities of both the Customer and Envisio (collectively, the “Parties”) under this Agreement shall bind and inure to the benefit of the Parties’ respective successors, executors, and administrators, as the case may be.

10.3 Assignment
Neither party may assign this Agreement without written consent of the other, except that Envisio may assign without consent to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties, although Envisio reserves the right to name Customer as a user of the Service.

10.4 Governing Law
This Agreement and any other agreement for the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

10.5 Reserved

10.6 Severability
If any provision or portion of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.

10.7 Independent Contractors
Nothing in this Agreement shall be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the parties. Each party will be deemed an independent contractor at all

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46700.00120\41325124.1

times and shall have no right or authority to assume or create any obligation on behalf of the other party, except as may be expressly provided herein.

The Customer must not, in any way, misrepresent the Customer’s relationship with Envisio, attempt to pass itself off as Envisio, or claim that the Customer is Envisio.

10.8 Injunction
The Customer acknowledges and agrees that money damages are not an adequate remedy for any breach or threatened breach related to Envisio’s rights or the Customer’s use of the Service beyond the rights granted to Customer in this Agreement. The Customer therefore agrees that in addition to other remedies available hereunder, by law or otherwise, Envisio shall be entitled to an injunction against any such breach by the Customer.

10.9 Lack of Appropriations
If Customer fails to receive sufficient appropriation of funds for continuation of this Agreement or like services, Customer may unilaterally terminate this Agreement upon thirty (30) days written notice to Envisio. Non-appropriation of funds as used herein means a level of funding that results in less funding than that which was allocated for the Services in the immediately preceding fiscal year. Customer will not be entitled to a refund or offset of previously paid, but unused fees. Customer agrees not to use termination for lack of appropriations as a substitute for termination for convenience.

10.10 Notices
Notice to Customer

Any notice to the Customer from Envisio will be sent to the e -mail address of the Administrator, or provided in writing, registered postal service (postage prepaid), or by pre -paid commercial courier delivered to the Customer at the mailing address specified on their Account.

Notice to Company
Any and all notices to Envisio from the Customer must be given by in writing, e -mail, first class postal service (postage prepaid), or by pre-paid commercial courier delivered to Envisio at:

Envisio Solutions Inc.
300-15300 Croydon Drive
Surrey, BC V3Z 0Z5

Tel: 888-371-4800
email: [email protected]

10.11 Complete Agreement
This Agreement constitutes the complete understanding and agreement between the Customer and Envisio. Except when expressly agreed to the contrary in signed writing by an authorized representative of Envisio, this Agreement supersede any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Agreement or any other specific agreement for the Service between Envisio and the Customer shall each be exclusively between Envisio and the Customer only and shall not confer any rights in any third party. 109

Pricing Term for Quote Number 1701552 ● Envisio annual subscription is based on a 5 year term ● 5% Increase applied to Y1 Price ● Price increases waived for all consecutive years Year 1 Price for Enterprise June 19 2026 to June 18, 2027 $34,125.00 USD
Year 2 Price for Enterprise June 19, 2027 to June 18, 2028 $34,125.00 USD

Year 3 Price for Enterprise June 19, 2028 to June 18, 2029 $34,125.00 USD
Year 4 Price for Enterprise June 19, 2029 to June 18, 2030 $34,125.00 USD
Year 5 Price for Enterprise June 19, 2030 - June 18, 2031 $34,125. USD
Envisio Projects - Annual Subscription - 1 year trial at no cost for June

19,
2026 - June 18, 2027.

$0.00
Envisio Projects Implementation - Fee waived as part of the 1 year trial. $0.00

110

Terms of Payment ● Year 1 Due 100% upon Contract Effective Date (Net 30) ● Year 2 is due 365 days from the Contract Effective Date and annually thereafter ● For amendment no 4: This is an amendment to the existing Master Services Agreement

with

the

City

Ontario

entered

into

April

28,

2026

the

City

Ontario

and

Envisio

Solutions

Inc.
● The Parties entered into the agreement on July 1st, 2023, which outlines the terms and

conditions

for

performance

management

and

strategic

planning

software

services
● The Parties hereby agree to amend the Agreement to include additional services without

altering

the

existing

term

the

Agreement
● The amendment increases the not-to-exceed contract amount to $306,025

Accepted by:

Signature: _____________________________________

Print Name: ______________________
Title: ______________________________
Date: ______________________________

111
Department: Community Life & Culture
Prepared By: Danielle Guevara
Department:

Prepared By: Danielle Guevara
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Reviewed By: Lacey A Rightmer
Approved By:

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

GRANT FUNDING CONTINUATION FROM OMNITRANS MEASURE I FOR THE ONTARIO SILVER S.T.A.R.S. PROGRAM FOR 2026-2028

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The City of Ontario has applied for a total of $1,156,841 from Omnitrans through Measure I funding. The funding will be provided over Fiscal Year (FY) 2026-27 and 2027-28. A General Fund cash match of $140,350 through FY 2027-28 is required by this Agreeme nt. If
approved, additional revenues and related appropriations will be included in the Grants fund at a future quarterly budget update to City Council for approval as needed. The FY 2026-27 Proposed Budget includes appropriations for the General Fund cash match portion.

BACKGROUND & ANALYSIS:

The Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) program is an appointment- based service that provides curb-to-curb transportation service. The purpose of the program is to provide transportation to and from the Ontario Senior Center and other Community Centers within the City for senior-focused programming. The program also provides transportation service to grocery stores, pharmacies, and non-emergency doctor visits.

Omnitrans has the ability to provide Measure I funds to agencies for projects that improve mobility for persons with disabilities, senior citizens, and persons of low income. At this time, Omnitrans is the only other source of public transportation within the city limits. The Ontario Silver S.T.A.R.S. program operates ﬁve days per week (Monday - Friday). The program generally operates between 112
7:30 AM and 4:30 PM, depending on the last participant to call and arrange their return trip on a given day. The program currently serves an average of 1,200 riders per month.

The current grant funding provides operating expenses for ﬁve vehicles, two full-time drivers, four part-time drivers, and other operations-related expenses. If approved, this will provide our current operating expense and allow the department to replace the shuttle with a new model. 113
View Award Proposal
11:44 AM
05/21/2026

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Award Proposal AWP-000044: OmniTrans Measure I Grant 2026 07/01/2026 Proposal Number AWP-000044
Status Approved
Proposal
Company City of Ontario
Name OmniTrans Measure I Grant 2026
Description Operating and Capital Cost for Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) Lifecycle Status Submitted
Submission Type New Award Proposal
Signed Date
Assistance Listing Number
Assistance Listing Description
Proposed Award Type
Purpose Code Quality of Life
Institutional Id
Spend Restriction Default
Related Proposal
Plan Template
Plan
Sponsor
Sub-Proposal
Prime Sponsor
Sponsor OmniTrans
Bill-To Sponsor OmniTrans
Payment Type
Proposal Amounts
Currency USD
Sponsor Direct Cost 1,139,259.00
Sponsor Facilities And
Administration 0.00
Sponsor Total 1,139,259.00
Cost Share Total 266,345.00
Proposal Total 1,405,604.00
Cost Share Required by
Sponsor Yes
Proposal Calendar
Proposed Schedule OmniTrans Measure I Grant 2026
Award Proposal Start Date 07/01/2026
Award Proposal End Date 06/30/2028
Proposal Lines
Award Proposal Line Number 1
Proposal Line Details
Line Item Details
Line Type Cost Reimbursable
Primary Yes
Grant OmniTrans Measure I Grant 2026
114
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11:44 AM
05/21/2026

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Line Amount 1,405,604.00
Revenue Category Local Grants
Line Item Description
Facilities And Administration
Rate Agreement
Basis Type
Object Class Set
Cost Rate Type
Exception
Additional Information
From Date
To Date
Memo
*Cost Center REC008 Recreation/Community Services Grants and Projects *Fund 2400 Grants Fund
Additional Worktags
Subrecipient
Proposal Line Notes
Personnel
Committed Effort
Person Responsibility Key
Personnel Plan
Period
From
Date
To
Date
Schedule
Type Months Committed
Effort
Annual
Committed
Effort
Cost
Share
Rate
Proposal Notes
Notes
Attachments
Attachment
Apendix E -Proposed-Capital-Project-Budget-Form-FY27-FY28.xlsx Measure-I-CFP-Project-Application-2026.docx
Silver STARS Ad (Quarter).pdf
Silver STARS 2024 (8.5x11) (1) (1).pdf
Continued Funding Operating Project Budget Form FY27-FY28.xlsx RMP Program Continuing Application 2026.docx
Special Conditions
Special Condition Type Comment
Process History
Process Step Status Completed On Due
Date Person (Up to 5) All Persons Comment
Award Proposal
Event
Award Proposal
Event
Step Completed 01/22/2026
05:56:05 PM
Guevara, Danielle
D
1 Award Proposal
Event
Approval by
Award Contract
Specialist
Approved 01/29/2026
02:35:59 PM
Gutierrez, Alec
(Award Contract
Specialist)
1 Gutierrez, Alec:

Award application
is attached.
115
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Page 3 of 3 ends

Process Step Status Completed On Due
Date Person (Up to 5) All Persons Comment
Award Proposal
Event
Approval by
Sponsored
Programs
Manager
Approved 03/10/2026
08:21:09 PM
Sy, Mary Ann L
(Sponsored
Programs Manager)
1 Award Proposal
Event
Approval by
Budget Manager
Approved 03/11/2026
07:33:44 AM
Contreras, Danyel
D (Budget
Manager)
1 116
1 FUNDING AGREEMENT

BETWEEN

OMNITRANS
AND

CITY OF ONTARIO

This Funding Agreement for Measure I funds (“Agreement”) by and between City of Ontario (“Ontario”), a City of Ontario and Omnitrans, a Joint Powers Authority and a Consolidated Transportation Services Agency (“Omnitrans”), is entered into this 1st day of July 2026.

Ontario and Omnitrans are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency (“CTSA”) for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds to other entities for projects that improve mobility for persons with disabilities, senior citizens, and persons of low income; and
WHEREAS, Ontario currently operates its Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) program; and
WHEREAS, City of Ontario would like to continue Ontario Silver S.T.A.R.S.; and WHEREAS, Omnitrans desires to provide Ontario funds to continue Ontario Silver S.T.A.R.S., on a reimbursable basis, for the City of Ontario; and WHEREAS, the parties wish to enter into this Agreement to document the terms and conditions of Omnitrans funding of the Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) Project.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Project Description: The Ontario Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) program is a subscription and on-demand appointment-based service that provides curb-to-curb transportation for those 62 and older or 50 and older with a disability. The purpose of the program is to provide safe and consistent transportation to and from the Ontario Senior Center and other Community Centers within the City for senior-focused programming, businesses providing essential services, and medical appointments. Hours of operation are 117
2 Monday-Friday, 8:00 AM to 4:30 PM. The program is advertised electronically and in print at the City of Ontario Community Centers. Additionally, the transportation program is advertised in the Ontario Living Magazine, which is mailed out quarterly to residents in the City of Ontario.

However, perhaps our most effective form of advertisement has been the wrap on our vehicles.

The vehicles we are currently using for the program are wrapped with an eye-catching graphic design, effectively turning them into moving billboards that draw attention to the program. The vehicle wraps allow us to reach a wider audience of seniors who may not be aware of our senior center and transportation program. Additionally, Silver S.T.A.R.S. staff promote the service at various city events and local senior living facilities.

2. Term: This Agreement will be for a term of two (2) years and shall expire on June 30, 2028, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties.

3. Funding Amount: The amount to be paid to the City of Ontario under this Agreement will not exceed $1,023,651.25 in operating expenses, with annual not to exceed amounts of $504,233.00 in Fiscal Year 2027 and $519,418.25 in Fiscal Year 2028. A total of $133,200.00 in capital expenses, with annual not to exceed amounts of $133,200.00 in Fiscal Year 2027 and $0 in Fiscal year 2028 - unless agreed to in advance by the parties pursuant to a written amendment.

In no instance will Omnitrans be liable for any payments or costs for work in excess of these amounts, nor for costs not listed in Project Budget, attached hereto as Exhibit B.

4. Payment:
a. On a monthly basis, City of Ontario will provide Omnitrans with an invoice for reimbursement pursuant to Subsections 4.b. and 4.c., below. b. Payments for operating expenses to Ontario hereunder will be made in arrears.

Ontario will submit a detailed and properly documented invoice for reimbursement not more often than monthly, which invoice will include: (i) a description of the work performed; and (ii) a detailed accounting of costs incurred. c. Payments for capital expenses, including but not limited to vehicles, may be requested in advance, upon presentation of a valid vendor invoice for such purchases d. Ontario will be notified within ten (10) business days following receipt of its invoice by Omnitrans of any circumstances or data in Ontario’s invoice that would cause withholding of approval and subsequent payment. Ontario’s invoice will include documentation of reimbursable expenses and billed items sufficient for Omnitrans, in its opinion, to substantiate billings. Omnitrans reserves the right to withhold payment of disputed amounts.
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3 e. At no time shall payments from Omnitrans be used to supplant any existing funding source for Ontario’s. Ontario shall notify Omnitrans of any potential loss of funding for the existing Ontario services within ten (10) business days of learning of the funding loss.

Progress Reports: Ontario will provide Omnitrans with monthly Project Milestones updates on the Ontario Silver S.T.A.R.S.

5. Ontario Silver S.T.A.R.S. Project, as set forth in Exhibit A. In cooperation with Omnitrans, Ontario shall develop national ridership data reporting mechanisms sufficient for reporting as part of the NTD (National Transit Database) reporting system and shall provide such data to Omnitrans monthly.

6. Advisory Committee Participation: Ontario shall attend and participate in advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino County Transportation Authority.

7. Compliance with Laws: Ontario will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to the Ontario for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws. Any failure by Ontario to comply with such laws may result in the termination of this Agreement or such other remedy as Omnitrans deems appropriate.

8. Independent Contractor: Ontario, and the agents and employees of Ontario, in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents of Omnitrans. Ontario, its officers, employees, agents, and contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of action, and will not represent to any person or business that they have such power. Ontario has and will retain the right to exercise full control of the supervision of the Ontario Project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this Agreement. Ontario will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, compliance with all laws, statutes, and regulations governing such matters.

9. Termination:
a. Omnitrans may terminate this Agreement for cause by giving Ontario a notice of default and intention to terminate the Agreement (“Termination Notice”). The notice will be deemed served and effective for all purposes on the date it is deposited in the 119
4 U.S. mail, certified, return receipt requested, addressed to Ontario at the address indicated in Section 20 below.
b. Upon receipt of a Termination Notice, Ontario shall have 30 days in which to cure the stated violation(s) and to provide Omnitrans with sufficient evidence that the violations have been cured. If Ontario has not cured within 30 days of such notice or has not provided sufficient evidence of such to Omnitrans, the Agreement shall be terminated, effective immediately.
c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 9.a., herein.
d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for Ontario’s Silver S.T.A.R.S. Project Program or the failure to provide notice to Omnitrans of such funding shortfall, as required pursuan t to section 4.e. In the event Ontario Silver S.T.A.R.S. Project fails to provide the notice required pursuant to section

4.e., Omnitrans is not required to give Ontario opportunity to cure such violation. e. If Omnitrans issues a Termination N otice or terminates this Agreement due to a funding shortfall, Omnitrans will reimburse Ontario for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to Omnitrans for damages suffered as a result of Ontario’s failure to comply with the terms of this Agreement. If program funding is discontinued by either Omnitrans or Ontario prior to a Measure I funded vehicle reaching the end of its useful life, at Omnitrans’ sole discretion Ontario must either return the vehicle(s) to Omnitrans or reimburse Omnitrans for the fair market value of the vehicle(s). f. Ontario will have the right to terminate this Agreement in the event Omnitrans is unable to make required payments. In such event, Ontario will provide Omnitrans with seven (7) days of written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans at the address indicated in Section 20. Omnitrans will make payment to Ontario through the date of termination, subject to the provisions of Section 4 above, and less any compensation to Omnitrans for damages suffered as a result of Ontario’s failure to comply with the terms of this Agreement.

10. Assignment: The parties understand that Omnitrans entered into this Agreement based on the Ontario Silver S.T.A.R.S. Project proposed by Ontario. Therefore, without the prior express 120
5 written consent of Omnitrans, this Agreement is not assignable by Ontario either in whole or in part.

11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

12. Time: Time is of the essence in this Agreement and will follow the Project Milestones timeline set forth in Exhibit A, unless modified pursuant to Section 13.

13. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto.

14. Contractors and Subcontractors: Ontario will be fully responsible for all work performed by its contractors and subcontractors. Omnitrans reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of $25,000 . Ontario shall incorporate the terms of this Agreement, including without limitation the indemnification and insurance provisions, into any subcontractor agreement funded by this Agreement.

15. Indemnification. Ontario shall defend, indemnify and hold Omnitrans, its directors, officials, officers, employees, agents and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Ontario or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with Ontario’s performance of this Agreement, including, without limitation, the payment of consequential damages and attorneys' fees. Further, Ontario shall defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions or willful misconduct.

Ontario shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs in curred by each of them in connection therewith or enforcing the indemnity herein provided.

16. Insurance. Ontario shall require all contractors or consultants hired to perform work or services on the Project to obtain and require their sub -consultants and sub -contractors to obtain insurance of the PARTNER NAME s and in the amounts described below and satisfactory to Omnitrans. Ontario may satisfy its insurance obligations herein through participation in a program of self-insurance. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. Upon request, Ontario will provide written certificates evidencing compliance to Omnitrans.
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6 a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or b e no less than two times the occurrence limit. Such insurance shall:
b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles.
c. Workers’ Compensation Insurance . Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

17. Audit: An independent auditor shall audit Ontario’s use of Ontario Silver S.T.A.R.S.

Project funds no less than annually. Ontario agrees to supply Omnitrans with a copy of any audit of Ontario Silver S.T.A.R.S. Project-related activities performed.

18. Retention and Inspection of Records
a. Ontario, including any contractors or subcontractors, will retain all driver training records and vehicle maintenance and safety records.
b. Omnitrans or its designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials pertaining to performance of this Agreement (collectively “Records”), including any Records in the possession of any contractors or subcontractors. Ontario agrees to provide Omnitrans or its designees with any relevant information requested and will permit Omnitrans or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations.
c. Ontario further agrees to maintain all Ontario Silver S.T.A.R.S Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by Omnitrans upon expiration of this Agreement, Ontario will cause all Records relevant to the Project to be delivered to Omnitrans as depository.
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7 19. Signs: Ontario will include the Omnitrans logo and/or Measure I signage on Project related marketing materials and on vehicles operated with Omnitrans funding, including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly visible to riders indicating the vehicle is funded in part through Measure I funding. b. Signage must conform with approved Measure I signage and be approved by Omnitrans.

20. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All notices and communications, including invoices, between the Parties to this Agreement shall be either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight express delivery service, postage or other charges fully prepaid, as follows:
: TO City of Ontario:
303 E. B st
Ontario, Ca. 91764

To
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
ATTN: Director Strategic Development

21. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this Agreement or to require at any time performance by Ontario of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Omnitrans to enforce these provisions.

22. Litigation: Ontario will notify Omnitrans immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or Omnitrans and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Omnitrans.

23. Non-Liability of Omnitrans: Omnitrans shall not be liable to Ontario or any third party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be liable to Ontario or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. There are no third-party beneficiaries to this Agreement
123
8 24. Costs and Attorneys’ Fees : If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys’ fees.

25. Governing Law and Choice of Forum : This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County.

26. Integration: This Agreement represents the entire understanding of Omnitrans and Ontario as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered exce pt in accordance with Section 13.

27. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstanc es other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable.

28. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement.

29. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement.

30. Ownership; Permission: Omnitrans represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced or owned by Ontario or that all required permissions and license agreements have been obtained and paid for by Ontario. Ontario will defend, indemnify and hold harmless Omnitrans and its directors, officers, employees, and agents from any claim, loss, damage, cost, liabilit y, or expense to the extent of any violation or falsity of the foregoing representation and warranty.
124
9 31. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument.

32. Press Releases: Ontario will obtain Omnitrans' prior written approval of any press releases, or other public outreach materials, that include any reference to Omnitrans or depiction of the Omnitrans logo.

IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above.

By:

_________________________ ___________________________ Erin Rogers Name:

Title:

Partner Name:

CEO/General Manager
Omnitrans

Approved as to form:

_________________________ _____________________________ Omnitrans Legal Counsel Legal Counsel of City of Ontario

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10 EXHIBIT A

Project Narrative

A. Please provide a narrative to describe your transportation project. Describe the purpose of the project, type of service to be provided, roles and responsibilities of project staff and days and hours of operation. This response should provide the evaluators with a detailed explanation of how your project will operate.

Silver S.T.A.R.S. (Senior Transportation and Recreation Shuttle) has been operating since 2023, when the City of Ontario Recreation and Community Services Department took over transportation services once provided by the YMCA. The City of Ontario assumed operations to avoid a disruption in services.

The City of Ontario has approximately 18,000 seniors over the age of 65, with 2,000 of them living in poverty. Adequate and affordable transportation services that meet the specific needs and schedules of our senior community were lacking. Although not all seniors require a transportation service, Silver S.T.A.R.S. was designed specifically for those who do. The purpose of the Silver S.T.A.R.S. transportation program is to offer safe, reliable, affordable transportation that meets the individual needs of the riders. The City of Ontario Recreation and Community Services Department recognizes that with proper, reliable, and inclusive transportation, the quality of life for older adults and individuals with disabilities is improved. Our senior and disabled community remain active participants in the community and maintain a level of independence.

Silver S.T.A.R.S. is a free curb-to-curb service for Ontario residents 62 and older or 55 and older with a disability. Silver S.T.A.R.S. currently operates Monday through Friday from 8 a.m. – 4:30 p.m. regularly. Rides outside of normal operating hours are available upon advance scheduling. Redes to and from recreation, library, and museum events are available on Saturdays when needed.

Silver S.T.A.R.S. offers regular subscription rides from home to the Ontario Senior Center and back, providing riders with a set schedule that allows them to participate in programs, activities, and services at the Ontario Senior Center.

Additionally, on-demand rides are available for riders who need transportation to medical appointments, grocery stores, banks, social engagements, and other essential services. Riders requiring on-demand rides must call at least 24 hours in advance of the scheduled ride. If drivers' schedules allow, rides may be scheduled with less advance notice. Silver S.T.A.R.S. staff utilizes TripMaster software to schedule rides.
126
11 EXHIBIT B

Project Budget

127
Department: Communications and Community
Relations
Prepared By: Vanny Khu
Staff Member Presenting: Dan Bell, Executive
Director of Communications and Community
Relations
Approved By:

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

AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE 20/20 NETWORK FOR STRATEGIC COMMUNICATIONS AND PUBLIC AFFAIRS

CONSULTING

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The Fiscal Year 2026-27 Proposed Budget includes appropriations in the General Fund for strategic communications and public aﬀairs consulting services. The proposed Amendment No. 3 will increase the authorized contract amount of $292,000 by $60,000, for a new total not-to-exceed contract amount of $352,000.

BACKGROUND & ANALYSIS:

On August 23, 2021, the City entered into a Professional Services Agreement with The 20/20 Network for strategic communications and public aﬀairs consulting. On August 18, 2022, the City Council approved Amendment No.1, increasing the not-to-exceed amount to $232,000 and extending the term by one year. On April 1, 2025, the City Council approved Amendment No. 2, adding $60,000 for a total not-to-exceed amount of $292,000 and extending the term through June 30, 2026.

Over the course of this partnership, The 20/20 Network has become embedded in the City’s communications eﬀorts. The 20/20 Network understands the City’s organizational culture, Council priorities, and the communities it serves, supporting Ontario’s commitment to transparency, inclusion, and proactive engagement. This institutional knowledge, built over ﬁve years, would be diﬃcult to replicate, and transitioning to a new ﬁrm at this stage would disrupt programs that are 128
currently performing effectively.

The 20/20 Network has consistently demonstrated expertise in facilitating successful community outreach initiatives. As the City’s communication and outreach needs continue to evolve, maintaining this partnership remains important. Staﬀ recommends increasing the total authorized contract amount and extending the contract term for an additional year to continue this partnership and maintain the quality of public engagement that Ontario residents and stakeholders rely on.
129

BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414

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. 3 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
LAMBERT 20/20 COMMUNICATIONS, INC., DBA THE 20/20 NETWORK

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Lambert 20/20 Communications, Inc., dba The 20/20 Network , a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated July 1, 2021 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to extend the term from June 30, 2026, to June 30, 2027, and increase the compensation by $60,000 for a new total not-to-exceed amount of $352,000.

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

3. Terms.

3.1 Amendment. Section 3 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 July 1, 2021 to June 30, 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.

130
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

3.2.2 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference . The total compensation shall not exceed Three-Hundred Fifty-Two Thousand Dollars ($352,000) total, without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. "

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

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

[SIGNATURES ON FOLLOWING PAGE]

131
BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND LAMBERT 20/20 COMMUNICATIONS, INC., DBA THE 20/20 NETWORK

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

CITY OF ONTARIO THE 20/20 NETWORK
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

132
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: 12
SUBJECT:

A RENEWAL WITH SUITEBRIAR, INC, FOR THE ASANA SOFTWARE ENTERPRISE MODULE

CITY OF ONTARIO
Agenda Report
June
2, 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 the Asana Enterprise module. The proposed annual renewal cost with Suitebriar, Inc., is $165,375, for a total contract amount not to exceed $922,261 over a three-year term. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for services and reﬂect the actual services provided. If approved, appropriations will be included in future Fiscal Year Proposed Budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

In June 2023, the City of Ontario adopted Asana Enterprise to modernize project management and enhance collaboration. Previously, departments relied on spreadsheets, emails, and separate tracking systems, which limited visibility and eﬃciency. Asana is now an essential citywide tool for project tracking and contract management. It has improved collaboration by simplifying project communication and visibility.

Asana started with about 100 users and has grown to 348 as more City departments integrate it into daily operations. This growth demonstrates the tool's value in supporting daily operations and strategic initiatives. Departments increasingly rely on Asana to coordinate work and reduce administrative overhead.

Given Asana Enterprise’s ongoing beneﬁts, Staﬀ requests that the City approve the three-year renewal for a contract amount not-to-exceed of $922,261. 133

CUSTOMER ORDER FORM
This Order Form Addendum (referred to herein as this “Addendum”) describes the relationship between Suitebriar, Inc., having an office at 13800 Coppermine Road, Herndon, VA 20171 (“Suitebriar”) and the customer identified below (“Customer”). This Addendum will become effective as of the date when this Addendum is executed by authorized representatives of both parties (the “Effective Date”).

CUSTOMER INFORMATION
Recipient : Leslie Huerta
Email : [email protected]
Organization/Company Name : City of Ontario
Primary Google Workspace Domain : ontarioca.gov
Address : 303 East B Street, Ontario, CA 91764, USA Phone : +1 909-395-2745
TERM, PRODUCTS AND SERVICES, AND FEES:

Term: This Addendum is issued under the Customer Order Form ("Order") dated June 6, 2023 and forms a part of the Order. By signing this Addendum, each party represents and warrants that (a) it has read and understands the Order and agrees to be bound by the terms of the Order, and (b) it has full power and authority to accept the Agreement.

Products, Services and Fees:

By entering into this Order, Customer hereby agrees to pay the amounts payable for the third-party products (the “ Products ”) and Suitebriar services (the “ Services ”) selected below.

Products
Line No. Quantity Product SKU Price Per Unit Billing Date Annual Subtotal 1 350 Asana Enterprise $472.50 / year 06/23/2026 $165,375.00 Year 1 Total $165,375.00
Year 2 Total $165,375.00
Year 3 Total $165,375.00
Total Charges for 36 Month Contract $496,125.00
Order Type: Renewal
Payment Option: Annual
Comments & Special Instructions: Annual/Fixed-Term Plan - license commitment cannot be reduced until renewal date.

Billing commences from the date of activation of the licenses. Asana Supported provide at no cost via [email protected] or by 877.899.1159
*Third-Party Terms apply to the Asana Product: Terms & Privacy Note: The fees set forth above do not include any applicable taxes that may be due and payable by Customer. All amounts invoiced by Suitebriar to Customer hereunder shall be payable by Customer within thirty (30) days of the date of such invoice.

Accepted form of payment is ACH or check. Credit Card not accepted. 134
ADDITIONAL TERMS:

Configuration Services . In the event that Configuration Services are selected on this Order, the parties shall work together in good faith to deploy and configure the Products for Customer and its authorized users, including without limitation, providing reasonable configuration, implementation, project management and training relating to the Products. Customer will provide any and all necessary information and assistance to Suitebriar, including without limitation access to Customer’s facilities, hardware and equipment, as reasonably requested by Suitebriar in order to facilitate the performance of the Configuration Services.

Indemnification . Customer agrees to indemnify, defend, and hold Suitebriar and its respective officers, directors, employees and representatives (and all successors and assigns of any of the foregoing), harmless from and against any claims, demands, losses, damages, penalties, fines, awards, costs and expenses (including without limitation, reasonable attorneys’ fees), arising out of Customer’s breach of this Order or use of the Products. Suitebriar reserves the right to assume the exclusive defense and control of such disputes, and Customer will cooperate with Suitebriar in asserting any available defenses.

Disclaimer . EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE APPLICABLE THIRD-PARTY TERMS, THE PRODUCTS, SERVICES, AND ALL INFORMATION AND MATERIALS PROVIDED BY SUITEBRIAR ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND SUITEBRIAR MAKES NO WARRANTIES OF ANY KIND, WHETHER

EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY SPECIFICALLY DISCLAIMS TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF

MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, WORKMANLIKE EFFORT, COURSE OF DEALING, AND TITLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUITEBRIAR DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE.

THE PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELEPHONIC AND ELECTRONIC COMMUNICATIONS. SUITEBRIAR SHALL NOT BE

RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS OF DATA, EXCEPT SOLELY TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUITEBRIAR. CUSTOMER SHALL MAINTAIN A PROCEDURE

EXTERNAL TO THE PRODUCTS AND SERVICES FOR THE RECONSTRUCTION OF LOST, DAMAGED, OR ALTERED DATA PROVIDED BY OR ON BEHALF OF CUSTOMER. FAILURE TO DO SO SHALL BE AT CUSTOMER’S SOLE RISK AND COST.

Limitation of Liability . IN NO EVENT SHALL SUITEBRIAR HAVE ANY LIABILITY TO CUSTOMER FOR ANY INDIRECT,

SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER

IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUITEBRIAR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL SUITEBRIAR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS ORDER, WHETHER IN

CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER BASED ON ONE CLAIM OR MULTIPLE CLAIMS, EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THIS ORDER IN THE SIX (6) MONTH PERIOD PRECEDING SUCH CLAIM OR ACTION. CUSTOMER IS SOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH THE THIRD-PARTY TERMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ORDER, IN NO EVENT SHALL SUITEBRIAR HAVE ANY LIABILITY IN CONNECTION WITH CUSTOMER’S USE OF THE PRODUCTS OR IN CONNECTION WITH THE THIRD-PARTY TERMS. SUITEBRIAR DOES NOT WARRANT, ENDORSE, GUARANTEE OR

ASSUME RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THE LICENSOR OF THE PRODUCTS (THE “ THIRD-PARTY LICENSOR ”), AND SUITEBRIAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY AGREEMENT OR RELATIONSHIP BETWEEN CUSTOMER AND THE THIRD-PARTY LICENSOR.

Commercial General Liability : Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence " form CG 00 01 , or the exact equivalent , with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits .

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability ; (2) excluding coverage for claims or suits by one insured against another (cross - liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement .

Additional Insured Endorsements shall not (1) be restricted to " ongoing operations "; (2) exclude " contractual liability " ; (3) restrict coverage to " sole " liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance , Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non - payment of premium. 135
Workers' Compensation: Workers ' Compensation Insurance , as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. Workers ' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non - payment of premium.

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials , officers , employees , agents , and volunteers .

Termination . Suitebriar may terminate this Order for cause in the event of any breach by Customer of this Order or the Third-Party Terms applicable to the Products selected by Customer under this Order (the “ Third-Party Terms ”) unless Customer cures such breach within ten (10) days of notice of such breach.

Customer Reference . Suitebriar may refer to you as a customer in sales presentations, marketing vehicles and activities.

Governing Law . This Order shall be governed exclusively by the internal laws of the State of Virginia without regard to its conflicts of laws rules. Each party irrevocably consents to the exclusive jurisdiction of the federal and state courts of Fairfax County, Virginia in connection with any action arising under this Order and agrees that all such actions shall be exclusively commenced therein, and waives any right it may have to initiate, transfer or change the venue of any litigation brought against it by the other party.

Entire Agreement . This Order constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Order shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. [Signature page(s) follow]
IN WITNESS WHEREOF, the parties’ authorized signatories have duly executed this Order effective as of the Effective Date:

SUITEBRIAR, INC.

By:

Print Name: Christopher Jones
Title: CEO
Date:

CITY OF ONTARIO
By:

Print Name:

Title:

Date:
136
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: 13
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DATA CONSULTING AND IMPLEMENTATION SERVICES WITH RESULTANT, LLC.

CITY OF ONTARIO
Agenda Report
June
2, 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 consulting services. The proposed Amendment No. 1 to the Professional Services Agreement increases compensation by $200,000, for a total contract amount not to exceed $500,000, and adds an additional two-year term. Actual expenditures will be based on services rendered and pursuant based on the ﬁxed billing rates set forth in the Agreement. If approved, appropriations will be added to the future years' budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

The City has engaged Resultant since July 2023 to support the development of the City’s enterprise data strategy initiative, with an initial focus on data governance. Through this work, Resultant assisted the City in assessing existing data practices, developing governance frameworks, and identifying opportunities to improve data quality, consistency, accessibility, and management across departments.

The proposed contract renewal will allow the City to continue advancing its data strategy eﬀorts through the next phase of implementation. Services will include support for self-service analytics, data standardization, enterprise reporting, and preparation of City data assets for future artiﬁcial intelligence (AI) and advanced analytics initiatives.

Renewing the agreement will provide continuity of services and allow the City to build upon the foundational work already completed to support data-informed decision-making and operational eﬃciency across the organization. Staﬀ requests City Council approval for a contract not-to-exceed amount of $500,000 and an additional two-year term.
137

BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

RESULTANT, LLC

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Resultant, a Limited Liability (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled "Professional Services Agreement” dated July 12, 2023 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the A greement to extend the terms and increase the compensation.

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

3.1.2 Term and Section 3.2.1 Compensation of the Agreement.

3. Terms.

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

" The term of this Agreement shall be from July 1, 2023, to June 30, 2028, 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.”

138
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

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

“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 five hundred thousand dollars ($500,000) 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.”

[SIGNATURES ON FOLLOWING PAGE]

139
BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND RESULTANT, LLC.

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

CITY OF ONTARIO RESULTANT, LLC

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

140
Department: Public Works
Prepared By: David Zurita
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Khoi Do, Bonnie
Tam
Approved By:

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

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20526 LOCATED ON THE SOUTHEAST

CORNER OF MISSION BOULEVARD AND SULTANA AVENUE

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

Mission APG, LLC ("Developer") has submitted Final Parcel Map No. 20526, consisting of 2 numbered lots on 4.4 acres of land, as shown on Exhibit A. Tentative Parcel Map No. 20526 was approved by the Planning Commission on June 27, 2023.

The Final Parcel Map improvements will include streets, sewer laterals, water services, storm drain, ﬁber optic conduits, and parkway landscape with irrigation. All landscape improvements will be consistent with the City's Landscape Development Guidelines and the Model Water Eﬃciency Landscape Ordinance.

The Developer has entered into an Improvement Agreement with the City for Final Parcel Map No. 20526 and posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
141
142
RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20 526

LOCATED ON SOUTHEAST CORNER OF MISSION BOULEVARD AND
SULTANA AVENUE.

WHEREAS, Tentative Parcel Map No. 20526, submitted by Mission APG LLC, was approved by the Planning Commission of the City of Ontario on June 27, 2023; and

WHEREAS, Tentative Parcel Map No. 20526 consists of 2 numbered lots, in the City of Ontario, County of San Bernardino, State of California, being a Subdivision of Lot A of Certificate approving a Lot Line Adjustment LL96 -29, recorded Match 11, 1997 as Document No. 19970084068 of Official Record and portions of Lots 5 and 6, of Block 135 of Villa Plots South-side Tract, as per map recorded in Book 6, Page 11, of maps, together with portion of Carlton Street as vacated by Resolution No. 97 -074, recorded September 22, 1997 as Document No. 19970347853 of Official Records, all in the Office of the County Recorder of said county; and

WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20526, Mission APG LLC. has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and

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

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

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

3. That Final Parcel Map No. 20526 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

PASSED, APPROVED, AND ADOPTED this 2nd day of June 2026.

_____________________________________
PAUL S. LEON, MAYOR
143

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY

144

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 June 2, 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held June 2, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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Department: Broadband Operations
Prepared By: Nancy Santillan
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:

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

A CONSTRUCTION CONTRACT FOR CITY'S BROADBAND FIBER CONDUIT INSTALLATION SERVING AREA 05 SYSTEM BUILD - PHASE I

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The total recommended expenditure authorization consists of $893,779 plus a ten percent (10%) contingency of $89,378 for a total authorized expenditure of $983,157. The Fiscal Year 2025-26 Budget includes appropriations in the Broadband/Fiber Fund for City Fiber Conduit Installation - Serving Area 05 System Build - Phase I Project. If approved, additional appropriations will be included at a future quarterly budget update to council for approval as needed.

BACKGROUND & ANALYSIS:

The general scope of work to be performed consists of the installation of underground ﬁber optic conduit, handholes, locate wire and ﬁber cable for the purpose of expanding the OntarioNet broadband ﬁber and wireless network to north Ontario. The area aﬀected is generally bounded by 6th Street to the north, 5th Street to the south San Antonio Avenue to the west, and Euclid Avenue to the east. This project will provide conduit pathway for 196
ﬁber optic cable installation. Splice case installations, ﬁber optic splicing and performance testing are to be performed internally, and not by the contractor. Project location maps are provided for reference as Exhibit A.

In April 2026, the City solicited bids for the project and eight bids were received. The following is a summary of the bid results:

COMPANY

LOCATION
AMOUNT
GA Technical Services, Inc.

Glendora, CA
$736,290
Pramira, Inc.

Brea, CA
$893,779
SECC Corporation
Corona, CA
$947,863
HP Communications, Inc.

Corona, CA
$1,628,908
The Fishel Company
Santa Ana, CA
$1,647,960
Herman Weissker, Inc.

Riverside, CA
$1,723,746

JM UTILITY SERVICES
Van Nuys, CA
$2,342,625
Crosstown Electrical & Data, Inc.

Irwindale, CA
$3,099,976

Although GA Technical Services, Inc. provided the lowest bid and met the submission requirements, it was found that this firm did not have any direct experience related to this project scope.

Pramira, Inc. provided all the required documents in their bid package and demonstrated an extensive amount of relevant experience. Reference checks were conducted as part of the City's due diligence process, receiving satisfactory feedback conﬁrming their prior experience performing work of similar scope.

Staﬀ recommends that the City Council award a construction contract to Pramira, Inc., the lowest responsible bidder.
197
BB-2026-001 BID 1974
Exhibit A

198

CITY OF ONTARIO

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. BB-2026-001 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 Pramira, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

City Conduit & Fiber Installation – Serving Area 05 System Build – Phase I 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 90 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 d eductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Hundred Ninety-Three Thousand Seven Hundred 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
199
Seventy-Nine Dollars ($893,779). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Con tract 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 $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Fleet Compliance Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract 200
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Doc uments. 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 Fa lse 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]

201
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

PRAMIRA, INC.

By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
202
Department: Police Department
Prepared By: Heather M Lugo
Department:

Prepared By: Heather M Lugo
Staff Member Presenting: Rudy Lopez, Chief of
Police
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES TO PUBLIC

CLIENTS

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with All City Management Services, Inc., of Santa Fe Springs, California, for crossing guard services to extend the agreement by two additional one-year terms and increase the contract amount by $1,758,319, for a total not-to- exceed contract amount of $4,987,973.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Amendment No. 1 with All City Management, Inc., will increase the authorized contract amount by $1,758,319 for a total not-to-exceed amount of $4,987,973, which includes a two percent contingency on the remaining two additional one-year terms to accommodate potential increases in the City’s need for additional crossing guard services. The Fiscal Year 2025–26 Adopted Budget includes appropriations in the General Fund for crossing guard services.

Appropriations for future ﬁscal years will be included in the respective ﬁscal years’ budget to be considered by City Council for approval.

BACKGROUND & ANALYSIS:

On April 4, 2023, the City Council approved a Professional Services Agreement with All City Management Services, Inc. to provide crossing guard services at designated locations throughout the City of Ontario. Amendment No. 1 will extend the current agreement by two additional one-year terms and increase the associated compensation, allowing for the continuation of services without disruption to daily operations.

Designated locations and schedules will continue to be negotiated annually between the participating school districts, the Ontario Police Department, and the City of Ontario Traﬃc Engineering Department, based on current conditions and projected needs for each academic year. 203
This coordinated approach allows the City to strategically deploy crossing guard services and police personnel at high-traﬃc and higher-risk school zones, enhance visibility and traﬃc compliance, and reduce the potential for pedestrian-related collisions. Collectively, these eﬀorts support a safer environment for students, families, and the residents of Ontario during critical arrival and dismissal times.

To maintain the current high level of public safety to the citizens of Ontario, Staﬀ recommends approving Amendment No. 1 with All City Management Services, Inc. for two additional one-year terms for crossing guard services.
204

BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 1 TO THE CROSSING GUARD PROFESSIONAL

SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ALL CITY MANAGEMENT SERVICES INC.

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and ALL CITY MANAGEMENT SERVICES INC., a CORPORATION,(Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Crossing Guard Professional Services” Agreement dated April 4, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the agreement by exercising two optional, one -year terms and to increase the contract amount by $1,758,319, for a total not-to-exceed amount to $4,987,973.

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

3.1.2 of the Agreement.

3. Terms.

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

“3.1.2 Term. The term of this Agreement for Crossing Guard Services shall be from July 1, 2023, to June 30, 2028 , unless earlier terminated pursuant to the provisions contained 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 Services.”

205
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 ex ceed Four Million, Nine Hundred, Eighty-Seven Thousand , Nine Hundred and Seventy-Three Dollars ($4,987,973) 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 the Agreement”

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

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

[SIGNATURES ON FOLLOWING PAGE]

206
BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE CROSSING GUARD

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND ALL CITY MANAGEMENT, INC.

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

CITY OF ONTARIO ALL CITY MANAGEMENT, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

If Corporation, Two Signatures, President Or Vice President and Secretary Or Treasurer Required

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

207
BB&K (2024) 4 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

EXHIBIT “C”

208
BB&K (2024) 5 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

209
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: 17
SUBJECT:

AN AGREEMENT WITH TRIMBLE INC, FOR THE TRIMBLE UNITY MAINTAIN WORK

ORDER AND ASSET MANAGEMENT SYSTEM, FOR PUBLIC WORKS AND ONTARIO

MUNICIPAL UTILITIES COMPANY

CITY OF ONTARIO
Agenda Report
June
2, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or his designee, to execute the Trimble Unity Maintain work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) with Trimble Inc, of Westminster, Colorado, for a total contract amount not-to-exceed $1,043,382 for a five-year term.

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 software subscriptions. The proposed software subscription will be for 5 years, with a total contract amount not to exceed $1,043,382, including $202,500 for year 1, $202,500 for year 2, $202,500 for year 3, $212,625 for year 4, and $223,257 for year 5. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for services and reflect the actual services provided. If approved, appropriations will be included in future Fiscal Year Proposed Budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

OMUC and the City’s Public Works Department currently utilize Trimble Unity Maintain (formerly Cityworks AMS) as the City’s enterprise asset management and maintenance management platform. The system supports the management of work orders and service requests.

The proposed Agreement will upgrade the City’s existing on-premise Cityworks system and transition it to Trimble Unity Maintain’s cloud-based environment. The cloud platform integrates with the City’s GIS environment and provides centralized access to asset information, maintenance history, and ﬁeld operations data for staff across departments.

The cloud-based system will improve operational eﬃciency by supporting real-time ﬁeld operations, mobile connectivity, and more immediate access to work orders and asset information for ﬁeld and oﬃce staﬀ. Staﬀ requests City Council approval for a contract not-to-exceed amount of $1,043,382 for a five-year term.
210

ORDER FORM
Order Date: Date of the last signature below
Trimble Entity Name (“Trimble”)
and Address:

Trimble Inc.
10368 Westmoor Drive
Westminster, CO 80021 US
Customer Entity Name
(“Customer”) and Address:

Ontario, CA
303 E. B Street
Ontario, CA 91764
Billing Contact Name and E-Mail
Address:

Toni Mcnaughton
[email protected]
Is Customer Tax Exempt?
Is Customer a Public Entity?
Yes or No
Yes or No
Initial Term: 01/01/2026 - 12/04/2030
Validity: This Order Form shall expire on 6/15/2026 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Miscellaneous: * If Purchase orders issued by Customer, they are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.

Post-Termination Customer Data Extract. Upon termination or expiration of this Agreement, Trimble will retain Customer Data for 90 days (the “Retention Period”). During the Retention Period and upon Customer’s written request, Trimble will provide Customer with one (1) extract of all document s and files stored within its instance(s) free of charge via an S3 Bucket or other mutually agreeable format. After the Retention Period, all Customer Data will be sanitized in accordance with NIST 800-88 standards.

Trimble Unity Construct Third-Party Software Attributions. A list of certain third-party software included in Trimble Unity Construct may be found at the following link:
https://learn.assetlifecycle.trimble.com/legal/e-builder-3rd-party-software-attributions

Background. On December 04, 2024, Azteca Systems, LLC (a wholly owned subsidiary of Trimble, Inc.) and Customer executed an agreement pertaining to Customer’s current Cityworks subscription (the “Agreement”).

Purpose. The Purpose of this Order Form is to upgrade and migrate the Customer’s current Annual Software Subscription:

From: Cityworks AMS Standard ELA with Unlimited Logins.

To: Trimble Unity Maintain Elite with Unlimited Users.

Assignment. Pursuant to Section 13.1 of Addendum 1 of the Agreement, Azteca Systems, LLC hereby assigns the Agreement to Trimble, Inc.

Migration Process. Trimble will provision Customer’s Trimble Unity Maintain instance upon the later of a) execution of this Order Form or b) 90 days prior to the Initial Term (the “Provision Date”). Customer and its authorized Service Provider will then complete the software implementation and migration of Customer Data to the Trimble Unity Maintain environment. Upon completion of the implementation and migration, Customer will promptly notify Trimble of the anticipated Trimble Unity Maintain go -live date, which shall be no later than 1 year from the Provision Date. Upon go-live of Customer's Trimble Unity Maintain instance, Customer’s Cityworks subscription (including all applicable support obligations) will automatically terminate and Customer will cease any and all use of the Cityworks software and delete all copies thereof.

Support Terms & Service Level Agreement. The Support Terms and service levels applicable to Trimble Unity 211
Maintain are provided in Addendums 2 and 3 below.

Customer’s Service Provider. Customer has elected a third party, NV5 Global, Inc, to perform the implementation and migration described above. Trimble is not responsible for and disclaims all liability associated with the implementation and migration services performed by any third party.

Unlimited Authorized Users. The Trimble Unity Maintain SaaS Annual Amount is based on an Average Annual Operating Spend of the Customer. Trimble reserves the right to adjust the Annual Amount accordingly to align with the Customer’s Actual Average Annual Operating Spend. “Annual Operating Spend” means the expenses incurred by the Customer to operate, maintain, and manage an Asset, building or site over a period of one year. This includes costs related to utilities, maintenance services, property management, insurance, personnel costs, operating expenses, and other day-to-day operational expenses necessary to ensure the continued functionality and serviceability of the asset, building, or site. “Asset(s)” shall mean Capital, Fixed, Restricted, Unrestricted, and Trust Fund Assets that the Customer may operate. “Average Annual Operating Spend” means the average of the estimated next three (3) fiscal years of the Customer’s Annual Operating Spend. Trimble will have the right, during normal business hours and upon at least five (5) days’ prior written notice, to have an independent firm audit the amount of Annual Capital Spend that the customer has incurred. The audit will be conducted at Trimble’s expense, unless it reveals that Customer has not complied in which case Customer will (i) reimburse Trimble for all reasonable costs and expenses incurred by Trimble regarding such audit; and (ii) pay Trimble any annual license fee underpayment disclosed by the audit.

Annual Software Subscription:

Software-as-a-Services
Product Name
Identifier Quantity Description Annual Amount
Trimble Unity Suite Unlimited 1 In addition to the Unlimited Subscription listed below, Customer receives access to:

5 - Trimble Unity Construct Professional
5 - Trimble Unity Permit Professional

See Addendum 1 for Additional Details, Trimble Unity
Suite - Unlimited
$8,000.00
Trimble Unity Maintain Elite
Package
Average Annual
Operating Spend:
99M
See Addendum 1 for Additional Details, Packages $194,500.00 Total Annual Software Subscription – Year 1 (07/01/2026 - 12/04/2026) $202,500.00* Total Annual Software Subscription – Year 2 (12/05/2026 - 12/04/2027) $202,500.00 Total Annual Software Subscription – Year 3 (12/05/2027 - 12/04/2028) $202,500.00 Total Annual Software Subscription – Year 4 (12/05/2028 - 12/04/2029) $212,625.00 Total Annual Software Subscription – Year 5 (12/05/2029 - 12/04/2030) $223,256.25 *Fee for Year 1 is the annual amount. Please consult Section 3 of the Terms and Conditions for the prorated payment, if applicable.

Addendums:

1. Annual Software Subscription Details

2. Supplemental Terms for Support and Maintenance (the “Support Terms”)

3. Availability Service Level Agreement; Data Security and Restoration

TERMS AND CONDITIONS

1. Terms and Conditions. This Order Form is subject to the Order Form between Trimble and Customer dated 12/01/2024 and the above referenced Addendums (“Agreement”).

212

2. RENEWALS. This Order may be renewed by mutual written agreement of the Parties.

3. Payment Terms. All fees are due Net 30 from the date of the Trimble invoice. ● Annual Software Subscription: Trimble will invoice:
o Prorated Year 1 in the amount of $33,252.79 upon execution of this Order Form. Fee for Year 1 reflects the full year amount of $202,500.00 pro-rated for a period of 07/01/2026 - 12/04/2026 and taking into account the amount previously paid for Cityworks during the Prorated Term, in the annual amount of $125,192.55. o Year 2 in the amount of $202,500.00 upon the 11/05/2026 ; o Year 3 in the amount of $202,500.00 upon the 11/05/2027; o Year 4 in the amount of $212,625.00 upon the 11/05/2028; and o Year 5 in the amount of $223,256.25 upon the 11/05/2029.

4. Annual Price Increase. At each renewal, Trimble has a right to increase the annual fees by the greater of (a) CPI plus two percent (2%) or (b) eight percent (8%). "CPI" shall mean for all Urban Consumers, the U.S. City Average, for all items, 1982-84=100 (the “CPI-U”), as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall be for the prior twelve months as of the date the calculation is made. Trimble will provide advance written notice of any price increases 60 days prior to the renewal date.

5. Electronic Invoices. Customer hereby consents to the receipt of invoices electronically at the indicated e-mail address(es) and accepts such invoices as if received by mail. Customer's e-mail address may be changed by written notice given by Customer to Trimble at: [email protected].

Customer is responsible for maintaining a current e-mail address and shall under no circumstances be excused from payment of applicable charges by its failure to access its designated e-mail address.

6. Insurance. At all times during the performance of the work under this Agreement, Trimble shall maintain privacy/network security insurance for:
(1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies having an AM Best Rating of A-VII or better .

Policy Limits Required

(i) The following insurance limits are required for the Agreement:

Combined Single Limit Cyber Liability $2,000,000 per occurrence and aggregate

(ii) Defense costs shall be payable in addition to the limits.

(iii)
If applicable, Trimble shall include the following parties as Additional Insureds on its general liability and auto policies: The City of Ontario, CA, including its officers, officials, employees, and agents.

(iv) Waiver of Subrogation: Trimble shall require the insurer issuing the Cyber Liability insurance to waive all rights of subrogation against the Customer for losses paid under the policy that arise from services performed under this Agreement. This waiver applies regardless of whether or not Trimble received a waiver of subrogation from the insurer.

7. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer.

[Signature Page to Follow]
213

ACCEPTANCE
Accepted and agreed:

CUSTOMER: TRIMBLE:

Signature: Signature:

Print Name: Print Name: Carlos Abaunza_________________________ Title: Title: Sr. Director, Legal____________________________ Date: Date:
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Addendum #1
Annual Software Subscription Details

Trimble Unity Suite - Unlimited
The Trimble Unity Suite provides access to each Product within the Trimble Unity Suite. Customers who purchase an unlimited subscription for one (1) Product will receive access for five (5) Authorized Users to each of the remaining Products at the Package level described in the Order Form.

Customers who purchase an unlimited subscription for two (2) Products will receive access for ten (10) Authorized Users to the remaining Product at the Package level described in the Order Form.

Packages
The following is a breakdown of modules and functionality found within each Package (certain SaaS add-ons which are not included in a package may be purchased separately with pricing reflected on the Order Form). Modules and Functionality may require professional services for implementation or configuration. Professional services can be purchased separately.

Product: Starter Package Professional Package Elite Package Trimble
Unity
Construct
Authorized Users delineated on the
Order Form get access to Trimble
Unity Construct’s:

● Core Modules¹
● Process Module
● Forms Module
● Document Module
● Dashboard Module
● Reports Module
● EZ File Transfer

● Trimble Unity Construct -
Starter Included

Authorized Users delineated on the
Order Form get access to Trimble Unity
Construct’s:

● Cost Module
● Schedule Module
● Resource Management
● Planning Module
● Bidding Module
● Submittals Module
● Account Level Cost Capability
● Project Level Multi-Currency
Capability
● API Professional²
● Trimble Unity Field’s Construct
Functionality9
● Trimble Unity Construct - Starter
Included
● Trimble Unity Construct -
Professional Included

Authorized Users delineated on the Order
Form get access to Trimble Unity Construct’s:

● Data Warehouse Capability
● Shared Trial Environment Capability
(Qty 1)
● API Elite³
Trimble
Unity
Maintain
Authorized Users delineated on the
Order Form get access to Trimble
Unity Maintain’s:

● Admin
● Respond
● Style
● Trimble Unity Maintain -
Starter Included

Authorized Users delineated on the
Order Form get access to Trimble Unity
Maintain’s:

● Storeroom Capability
● Workload Capability
● Equipment Checkout
Capability
● OpX Projects Capability
● eURL Capability
● Web Hooks Capability
● Web Services Access⁴
● Analytics for Trimble Unity
Maintain Capability
● Trimble Unity Field’s Maintain
Functionality9
● Trimble Unity Maintain - Starter
Included
● Trimble Unity Maintain -
Professional Included

Authorized Users delineated on the Order
Form get access to Trimble Unity Maintain’s:

● OpX Contracts Capability
● OpX Budgets Capability
● Trimble Unity Maintain Advanced
APIs⁵
● Operational Insights Capability
● Sandbox Capability (Qty 1)
8 Trimble
Unity
Permit
Authorized Users delineated on the
Order Form get access to Trimble
Unity Permit’s:

● Trimble Unity Permit - Starter
Included

Authorized Users delineated on the
● Trimble Unity Permit - Starter
Included
● Trimble Unity Permit - Professional
Included
215

● Admin
● Respond
● Style
● Task Manager Capability

Order Form get access to Trimble Unity
Permit’s:

● Public Access Capability
● Workload Capability
● OpX Projects Capability
● eURL Capability
● Web Hooks Capability
● Web Services Acecss⁶
● Analytics for Trimble Unity
Permit Capability
● Trimble Unity Field’s Permit
Functionality9

Authorized Users delineated on the Order
Form get access to Trimble Unity Permit’s:

● Advanced APIs⁷
● Storeroom Capability
● Analytics for Storeroom Capability
● Sandbox Capability (Qty 1)8

¹Trimble Unity Construct Core Modules include Home, Projects, Contacts & Setup ²Trimble Unity Construct API Professional - Access to Trimble Unity Construct’s Public API’s. Access is limited to 15,000 calls per day. ³Trimble Unity Construct API Elite - Access to Trimble Unity Construct’s Public API’s. Access is limited to an additional 15,000 calls per day on top of the 15,000 allotted in Trimble Unity Construct API Professional. ⁴Use of Trimble Unity Maintain Application Programming Interface (APIs) with commercially available Trimble Unity Maintain-centric applications that are licensed and maintained by authorized Trimble Unity Maintain partners. Please contact Trimble for a list of commercially available partner applications that qualify for use with the Trimble Unity Maintain-centric APIs available in the Professional License Package. If the partner app is not listed, then the Trimble Unity Maintain Advanced API's in the Elite License Package are required for 3rd party integrations. ⁵Use of Trimble Unity Maintain Application Programming Interface (APIs) with third party system integrations. ⁶Use of Trimble Unity Permit Application Programming Interface (APIs) with commercially available Trimble Unity Permit-centric applications that are licensed and maintained by authorized Trimble Unity Permit partners. Please contact Trimble for a list of commercially available partner applications that qualify for use with the Trimble Unity Permit-centric APIs available in the Professional License Package. If the partner app is not listed, then the Trimble Unity Permit Advanced API's in the Elite License Package are required for 3rd party integrations. ⁷Use of Trimble Unity Permit Application Programming Interface (APIs) with third party system integrations. 8Sandbox provided for Trimble Unity Maintain or Trimble Unity Permit shall be limited to two (2) ad hoc refreshes per quarter during initial configuration. After initial configuration is completed, the Sandbox will be refreshed once per quarter at a defined date provided by Trimble. At each refresh, the Sandbox will be replaced with a copy of Customer’s Production Environment as of the last available backup. All existing configuration changes in the Sandbox will be permanently deleted during the refresh process and will be replaced by the production backup. 9Customer understands and agrees that as of the date of execution of this Order Form, Trimble Unity Field is a new offering. While Trimble undertakes efforts to design all new offerings in accordance with industry standard software development and security protocols, and Trimble Unity Field maintains a current ISO 27001 certificate, it has not yet undergone a SOC 2 Type II audit or an accessibility audit. Thus, Trimble Unity Field may not comply with all provisions of the Agreement including without limitation applicable SOC audit or accessibility provisions. Accordingly, notwithstanding anything to the contrary in the Agreement, Trimble’s provision of Trimble Unity Field is not subject to any SOC audit, accessibility, or similar compliance provisions during the Initial Term and any renewals.

Upon prior written notice to the Customer, Trimble reserves the right to audit the Customers account to ensure the Customer has: (1) access to the correct modules and functionality in accordance with the package Customer has purchased and (2) the appropriate number of Authorized Users purchased. Trimble reserves the right to: (1) charge for any over access experienced by the Customer by moving the Customer to the appropriate package or (2) shut off any over access experienced by the Customer.

216

Addendum #2
Supplemental Terms for Support and Maintenance
Version 1.0 (Last Updated: April 3, 2023)

Capitalized terms not defined herein have the meanings given in the General Terms and the Software Terms.

1. Scope. Provided that Customer has paid the applicable fees, Trimble shall provide the Support described in these Support Terms during the Maintenance Term (as defined below). The “Maintenance Term” shall be: (a) for Support for SaaS or Licensed Software licensed for a limited term, the applicable Subscription Term, and (b) for Support for Licensed Software licensed on a perpetual basis, the term specified in the Order, or if not specified, for a period of one (1) year.

2. Support.

2.1 During the applicable Maintenance Term, Trimble shall use reasonable efforts to correct or provide a workaround for any reproducible programming error in the Software attributable to Trimble with a level of effort commensurate with the severity of the error, as reasonably determined by Trimble. Upon identification of any programming error, Customer shall promptly notify Trimble of such error and shall provide Trimble with enough information to reproduce the error, including a listing of output and any other data that Trimble may reasonably request in order to reproduce the error and operating conditions under which the error occurred or was discovered. Trimble shall not be responsible for correcting any errors not attributable to Trimble.

2.2 For certain Software, Trimble may provide additional or different support services or procedures as set forth in the applicable Documentation, support handbook, or other written documentation provided by Trimble, if any (collectively, the “Additional Support Documentation”). If there is any conflict between these Support Terms and such Additional Support Documentation with respect to the description of support services, requirements or procedures, the provisions of such Additional Support Documentation will prevail. Customer agrees and acknowledges that Trimble may use third parties to provide Support on its behalf. Customer expressly consents to Trimble permitting such third parties to access Customer’s information and data to perform the Support for Customer.

3. Licensed Software Updates and Upgrades. During the applicable Maintenance Term, Customer shall be entitled to receive all upgrades and updates to the Software that are publicly released by Trimble. The contents and timing of all upgrades and updates will be decided by Trimble in its sole discretion. Any such updates and upgrades will be deemed to be “Software” and licensed under the terms and conditions of the Agreement, including any applicable software end user terms or license agreement. Updates and upgrades exclude (a) new versions of the Software (e.g., a change to the left of the decimal in the version number [e.g., 1.x to 2.x] or otherwise designated by Trimble), and (b) any separate modules and other functionality for which Trimble charges a separate fee.

4. Limitations and Exceptions. The following matters are not covered (and Trimble will not have any obligations with respect to such matters) pursuant to these Support Terms:

4.1. Any Software for which applicable fees have not been paid;

4.2. Any problem resulting from the misuse, improper use, alteration, or damage of the Software;

4.2. Any problem resulting from improper or inadequate installation, maintenance, or storage of the Software;

4.3. Any problem caused by modifications of the Software not made or authorized by Trimble;

4.4. Any problem resulting from any hardware or software in either case not developed or supported by by Trimble, including, without limitation:
any computers, tablets, disk drives, operating systems, network hardware or software, database, or any other hardware or third-party software;

4.5. Any problem resulting from the combination of the Software with other programming or equipment to the extent that such combination has not been approved by Trimble; and

4.6. Errors in any version of the Software other than the most recent release, provided that Trimble will continue to provide Support for superseded releases for a reasonable period (not to exceed ninety (90) days).

Support excludes on-site visits, installation and training, file conversion, optional products and services, directories, consulting services, shipping charges, or any recommended hardware.

5. Termination or Expiration. Support will automatically terminate with respect to any Software that is no longer licensed for use as a result of expiration or termination of the Agreement, or replacement of the applicable Software with new releases.

217

Additional Support Documentation

Version 1.1

1. Generally.

1.1. Trimble shall use the applicable level of effort to correct or provide a workaround for any reproducible error in the Offering attributable to Trimble commensurate with the severity of the error, as reasonably determined by Trimble in accordance with Section 3 (Severity Priority Levels) below.

1.2. For certain Offerings as set forth in Section 2 below, Trimble may provide a customer support portal (the “Support Portal ”), which may allow Customer to submit support requests, report issues, view case histories, search the general knowledge database, and other features, as applicable. In the event of any conflicts between the terms set forth herein and any set forth in the applicable Supportal Portal, the terms herein shall govern.

1.3. For certain Offerings as set forth in Section 2 below, Trimble will provide support to Customer only by communication with th e contacts designated by Customer in the Support Portal or otherwise as instructed by Trimble (each, a " Authorized Support Contact"). Customer may update Authorized Support Contact(s) from time to time as instructed by Trimble. Trimble may require the Authorized Suppo rt Contact(s) to have the relevant technical knowledge regarding the Offerings necessary to assist Trimble as needed.

1.4. Upon identification of any error that cannot be resolved by Customer as first line of support (e.g., via the Support Portal, its internal staff, etc.), then Customer (through its Authorized Support Contact(s)) shall promptly notify Trimble of such error and shall provide Trimble with enough information, assistance, and cooperation to reproduce the error, including a listing of output and any other data that Trimble may reasonably request in order to reproduce the error and operating conditions under which t he error occurred or was discovered. Trimble shall not be responsible for correcting any errors not attributable to Trimble.

2. Support Portals. Support portals with information about reporting and general availability are described below.

Offering Support Portal* Authorized Support Contacts Only?** Trimble Unity https://assetlifecycle.trimble.com/en/learn/support Yes * Additional phone numbers and hours of availability for contacting Trimble with support requests may be listed in the Suppor t Portal.
** For any Products that do not require an Authorized Support Contact, any Authorized User of Customer may contact support.

3. Severity Priority Levels. As soon as reasonably practicable after Customer submits the relevant case information, Trimble will collect additional information and categorize the issue into one of four classifications as set forth below in good faith. Upon Customer submiss ion of the case information, Trimble will use commercially reasonable efforts to issue a Response (as defined below) by the indicated target response goal set forth below. Once the priority level is determined, Trimble will use the level of effort for resolution described below.

Priority Level* Priority Criteria Target Response
Goal**
Level of Effort for Resolution
P1 most urgent and impactful ½ hour Trimble and Customer will prioritize any reasonably available resources to resolve
the situation or identify a work around.

P2 urgent and impactful, but usually has
an acceptable temporary
workaround
½ hour Trimble and Customer will prioritize any
reasonably available resources during
standard business hours to resolve the
situation or identify a work around.

P3 important, but not urgent and
impactful
4 hrs Trimble and Customer will use generally
available resources during standard
business hours to resolve the situation or
identify a work around.

a low priority, informational, or an
enhancement request
24 hrs Trimble and Customer are willing to use
generally available resources during
standard business hours to provide
information or assistance.
* See Priority Matrix and definitions below. The main factors in determining priority level are urgency and impact. Trimble will also consider in good faith any additional relevant facts and circumstances in consultation with Customer that may result in a mutually agreed upon change in priority level.
218

** The use of the term “hour(s)” refers to business hours based on Trimble’s regular business schedule, and excludes nights, weekends and locally- observed holidays (e.g., 24 hrs equals 3 business days at 8 hrs a day). “Response” means acknowledgment of the issue via the creation of a case number. Determination of priority level will occur as soon as practicable thereafter.

Priority matrix
Impact
Widespread Large Localized Individualized
Urgency Critical P1 P1 P2 P2
High P1 P2 P2 P3
Medium P2 P3 P3 P3
Low P4 P4 P4 P4

Definitions
Impact
Impact is a measure of the number of users,
sites, or devices affected.

Widespread. More than three quarters of users or devices are affected.

Large. (1) Multiple sites are affected or (2) between one-half and three-quarters of users or devices are affected.

Localized. (1) A single site is affected or (2) less than one half of users or devices are affected.

Individualized. A single or a small number of users or devices are affected.

Urgency Urgency is a measure of the severity of the issue on the Customer’s operations.

Critical. Use of Offering as a whole or core functionality is stopped with no work around and with severe immediate impact to the Customer’s operations (e.g., outage).

High. Use of Offering as a whole or core functionality is severely degraded or a work around is available, and with immediate impact to the Customer’s operations.

Medium. Use of Offering or any functionality is not working as expected, and can be addressed through education, training, work around, work order, or a future enhancement.

Low. All other requests that are not the above.

4. Additional Limitations and Conditions.

(a) Unless otherwise expressly provided by Trimble in writing, Trimble does not support: (i) use of the Offering in a manner othe r than as authorized in the Agreement; (ii) conversions of Customer’s databases to accommodate new hardware or software, (iii) Cust omer Data debugging or manipulation, (iv) recurring support issues where Customer failed to initiate corrective actions previously reco mmended by Trimble or to provide information requested by Trimble, (v) implementation, report creation, onsite support, customizations (e.g., scripting 219

or integration), or assistance with server migrations are not included as part of Support, but such services but may be purchased separately, (vi) any Offering where Customer has failed to meet its obligations with respect to the Agreement, including, without limitation, as set forth below.
(b) Customer must (i) require its personnel to obtain adequate training to operate the Offering, (ii) if required by Trimble for the particular Offering, designate Authorized Support Contacts who will submit all support cases to Trimble, (iii) provide internet and/or network access for Trimble when requesting support; and (iv) provide all information and assistance reasonably requested by Trimble related to the support request.
(c) For Licensed Software not hosted by Trimble, Customer is responsible for (i) securing the server environment, local network, and system security and protocols, including having staff qualified to assume responsibility for management administration and support for Customer’s hardware, database, and any Third-Party Materials, Dependencies, or Compatibilities, (ii) maintaining regular and frequent data backups, and recovering such data if necessary from backups maintained by Customer, (iii) establishing a sec ure method of access to Customer’s network as well as maintaining security protocols for Customer’s network; and (iv) incorporating Releases and any associated data migration.
(d) If any Customer support request is subject to any of the foregoing, then Trimble reserves the right to impose support fees a t its then standard commercial time and materials rates for all such services, including pre-approved travel and per diem expenses to be reimbursed consistent with Customer’s policies. Trimble will notify Customer in advance of incurring any such fees.

220

Addendum #3
Service Level Agreement; Data Security, Restoration, and Accessibility Version 2.0

1. Availability Service Level Agreement
For any Offering that is either (i) Software-as-a-Service or (ii) Licensed Software hosted by Trimble, the following will apply.

1.1. Target Availability. Trimble will use commercially reasonable efforts to make the Offering available with an uptime availability (time periods during which Customer has general connectivity to the Offering) (the “Target Availability”) as follows:

Offering / Target Availability*
Trimble Unity Construct / 99.95%
Trimble Unity Maintain / 99.95%
Trimble Unity Permit / 99.95%

*Target Availability is generally for a calendar month; provided that Trimble Unity target availability will be calculated on a quarterly basis.

1.2. Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) Customer’s use of the Offering in a manner not authorized in the Agreement or Documentation, (b) general Internet problems, force majeure events or other factors outside of Trimble’s reasonable control, including without limitation interruption or failure of telecommunications or digital transmission links, hostile network attacks, network congestion, denial of service attack, (c) Customer’s equipment, software, network connections or other infrastructure, (d) any acts or omissions of Customer or any third -party that is not a service provider of Trimble, (e) failure by Customer to pay any applicable fees under the Agreement, or (f) Scheduled Maintenance or emergency maintenance.

1.3. Scheduled Maintenance. “Scheduled Maintenance” means Trimble’s scheduled, routine, or other maintenance which (1) occurs at such times as may be listed on Trimble’s websites or Support Portal, or (2) Trimble notifies Customer with at least two (2) days advance notice, which can be via the Support Portal, e-mail, or in the Offering. Trimble reserves the right to schedule other maintenance periods on an as needed basis and will notify Customer in advance. Trimble will use commercially reasonable efforts to perform Scheduled Maintenance during low usage times.

1.4. Service Credits. If there is a verified failure of the Offering to meet Target Availability in a particular month and Customer makes a request for service credit within thirty (30) days after the end of such month, Customer will be entitled to a credit based on the monthly fees due for the affected Offering in such month (“Service Credit”). The Service Credit will be calculated as follows:

Service Credit = Pro Rata Fee * percentage of time that the Offering did not meet the Target Availability

The "Pro Rata Fee " means (1) for Target Availability measured monthly, one -twelfth of the total annual fee for the Offering (excluding taxes, etc.), and (2) for Target Availability measured quarterly, one -fourth of the total annual fee for the Offering (excluding taxes, e tc).

The Service Credit will be calculated to the nearest 30 -minute interval. The total Service Credits in a month may not exceed 20% of the Monthly Fee.

Trimble will apply each Service Credit to Customer’s next invoice, provided that Customer’s account is fully paid up, without any outstanding payment issues or disputes. Customer will not receive any refunds for any unused Service Credits.

1.5. Sole Remedy . Service Credits constitute liquidated damages and are not a penalty. The Service Credits set forth in this Section are Customer’s sole and exclusive remedy for any failure to meet the Target Availability.

2. Data Security, Restoration, and Accessibility

2.1. Software-as-a-Service.
a) General. Trimble or its third-party hosting provider(s) shall use commercially reasonable efforts to establish and maintain reasonable administrative, physical, and technical safeguards designed to (a) protect the security, confidentiality, and integrity of Customer Data, (b) protect against anticipated threats or hazards to the security, confidentiality, and integrity of Customer Data; (c) protect against unauthorized access to or use of Customer Data; and (d) protect against unlawful processing, accidental destruction, or loss of Customer Data.
b) Data Backups. Backup of all Customer Data hosted in the cloud will be continuous, immutable, and virtual. Trimble will maintain a recovery time objective (RTO) of 4 hours and a recovery point objective (RPO) of 15 minutes. c) Data Restoration. Trimble will use reasonable efforts to restore lost or damaged Customer Data for Offerings deployed as Software- as-a-Service, as described in this paragraph, if the loss or damage was caused by Trimble. Trimble will consult with Customer and provide information to Customer regarding the availability of backups and the potential limitations of data restoration. Customer understands that some data loss may result upon restoration based on the frequency and availability of backups. If Customer Data loss or damage is not caused by Trimble, Trimble will provide support and technical assistance for data restoration subject to Trimble’s availability and payment of applicable fees at Trimble’s then-current hourly rates. d) Data Location. For customers located in the United States, all Customer Data will be hosted and stored within the continental United States. For customers located in Canada, all Customer Data will be hosted and stored within Canada. e) Data Encryption. All Customer Data will be encrypted at rest and in transit utilizing government-certified Advanced Encryption 221

Standard (AES) cipher algorithms with a 256-bit or better encryption key. f) Disaster Recovery. Trimble will maintain a written Disaster Recovery Plan (DRP) as described in its then current SOC 2 Type II audit report for the applicable Offering.

2.2. SOC Compliance. Current versions of the Trimble Offering(s) referenced in the Order Form will be subject to an annual System and Organization Controls for service organizations (“SOC”) 2 Type II audit based on Security, Availability, and Confidentiality Trust Services Criteria and will maintain compliance with those standards during the Term of this Agreement. The SOC 2 Type II audit will be conducted by a licensed Certified Public Accounting firm in accordance with the standards of the American Institute of Certified Public Accountants (“AICPA”) Statement on Standards for Attestation Engagements No. 18. At Customer’s request, Trimble will provide a copy of the then current SOC 2 Type II audit report annually. The audit report shall be treated as Confidential Information.

2.3. System Testing. Trimble will maintain sole responsibility for establishing, maintaining, testing, and executing all plans and procedures applicable to system backup, disaster recovery, system architecture and security (including without limitation monitoring, au dits, vulnerability scans/remediation, and penetration tests), software development, maintenance release schedules, and update management.

2.4. Vulnerability Remediation. Trimble will conduct vulnerability scans of the then current version of each Trimble Offering on a monthly basis.

Trimble will use best efforts to remediate identified vulnerabilities as follows:
a. Critical (30 days)
b. High (60 days)
c. Medium & Low (commercially reasonable timeframe)

Note: vulnerability severity ratings referenced above must follow the NIST scoring system (https://nvd.nist.gov/vuln-metrics/cvss).

2.5. Security Incident Notification. Trimble will provide notification of any security incidents affecting a customer’s instance, including a data breach, within 72 hours of confirmation.

2.6. Accessibility. During the term of the Agreement, the Trimble Offering(s) referenced in the Order Form may be subject to accessibility audits based on WCAG 2.0 AA standards. Trimble's compliance with any accessibility standards will be limited to its then current Ac cessibility Conformance Report, which will be provided upon request.

2.7. On Premises Licensed Software . If the Order Form includes any licensed software Products deployed on- premises or through hosting services not provided by Trimble, Trimble does not provide regular support or technical assistance for the repair or restoration of lost or damaged Customer Data as part of support, regardless of the cause. Assistance for restoration may be available subject to Trimble’s availability and payment of applicable fees at Trimble’s then-current hourly rates. 222
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Jacqueline Leon
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP, INC., FOR THE ONTARIO MUSEUM OF HISTORY AND ART LANDSCAPE

RENOVATION PROJECT

CITY OF ONTARIO
Agenda Report
June
2, 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 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 Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., is in the amount of $193,300 for a total not-to-exceed contract amount of $293,300. The Fiscal Year 2025-26 Budget includes appropriations in the Capital Projects-Measure Q Fund for the Ontario Museum of History and Art Landscape Renovation Project.

BACKGROUND & ANALYSIS:

In 2019, a Museum Facilities Master Plan was adopted by the City Council. One of the aspects listed in the Master Plan is upgrading the landscaping to incorporate speciﬁc education/program areas within the courtyard and surrounding spaces. This includes the Rose Garden restoration and relocation, upgraded walking paths, security, and lighting upgrades.

On June 18, 2024, the City Council approved a Professional Services Agreement with SWA Group, 223
Inc., for on-call Landscape Architectural Services. Staff recommends approving Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., for the design of the landscape renovation at the Ontario Museum of History and Art.
224
46700.00100\33287662.1

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Ontario City CouncilJune 2, 2026

Ontario City Council
June 2, 2026